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HomeMy WebLinkAboutReso 1969-5402Form No. 352 Rev. 11-67 RESOLUTION N0. 5402 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT~FOR THE COMPLETION OF IMPROVEMENTS IN PALOMAR GARDENS SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, Nacion Associates dated the 28 day of OCTOBER ~ lg 69 ~ for the completion of improvements in that certain subdivision known as Palomar Gardens a copy of which is attached hereto and by reference made a part here- of, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by `. ,_7 - . ''~.<~- ~iPi ~ Lane F. Cole, Director o~~ Public Works Approved as to rm by ADOPTED AND-APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 28 day of OCTOBER 19 69 by the following vote, to-wit: ' AYES : Councilmen SYLVESTER, HAMILTON, McALLISTER, SCOTT NAYES : Councilmen NONE ABSENT: Councilmen McCORgUODALE Pro- m ayor of the City of Chula Vist ATTEST •. _-c_.L ~ ~"'C: t~ ~~ ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I , KENNETH P CAMPBELL ~ , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. 5403 , and that the same has not been amended or repealed. DATED Octo er 29, 1969 City Clerk _;,~ v l._,_. ~ IMt ~v L.~IE!:T AGR=. ANT THIS AGP,EE:~1:~~T, made ar.d ent°rod OCTOBER 19 69, by a.nd between a municipal corporation, hereinafter ca]_led a iim.ited partnership, 3247 ~~Iissi_on Village 92123, 1-zereinafter called "Subdivider"; into this 28 day of the CITY CF CHiiLA `JISTA, "City", ar_d DIACION ASSOCIATE'S, Drive, San Diego, California, W I T N E S S E T H W?iEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final sub- division map of a proposed subdivision to be known as PALOMAR GARDENS, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, apprcval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council. for purpose of recording in the Office of the County Recorder of San Diego Co~.nty, or as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Chapter 28 of the Chula Vista City Code, agreeing to install and complete, free of liens, at Sub divider's own expense, all of the public improvements and/or land development work required ir. said subdivision within. a definite period of time prescribed by said - Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City an improvement security as approved by the City Attorney, and WHEREAS, a ter_tative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 4820, approved on tree 2nd day of July, 1968, and WHEREAS, complete plans and specifications for the con- struction, installation. and completion of said public improvement work have been prepared, submitted and approved by the Director of Public 5dorks, as shown on Drawings No. 69-142D through 69-145D, on file in the Office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been sub- mitted, and approved b.y the City, in the amount of FORTY-.THREE THOUSAND, SEVEN HUNDRED AND FOIIR A~1D NO/I00 DOLLARS ($43,704.OOj, to which ten percent (10%1 thereof has been added, whic:~ estimate is attached hereto marked."Exhibit.A" and made a part hereof, and WHEREAS, the estimated cost as approved by City for the installation of all monurlents is attac.~ed hereto, r.~arked "Exhibit B" and made a part hereof. N064, THEREFORE, IT IS MUTUP.LLY TJNDERSTOOD AND AGREED AS FOLLO;aS -1- ~~Da~ ~~?~:.i _~.'1 %~2?" av?_22S t0 0::ir~i1' Stiff tr all Qf t"_~-? ie'7_"~l l_rE'mentS CAL t:~E. t.:_t.=3t.V:, J7.a-~ ~--=;G_Ut1C_i, ~.~ C,.O and p~'_"~CrP.: O_" <:dllSt, t0 be C3C:ir ~zi':d Der~,.rm2d, _t i1..S v`.tiP. E'xTJ2:~S~ tti'~ tl1 ;UL CGSt t0 ~itV, zn a goOc grid '.^lorkmanlwke -.annar, under the alre^t.ion and tO the satisfaction and approval of tr?e Director of Public ~n'orks, all cf the public improve- meat and/'or land development wc-rk required tc be acne in and adjoining said subdivision; and will furnish. the necessary materials therefor, all in strict conformity ar:d in accordance with the plans ancz specifi- catioa , which documents have heretofore been filed in the Office of the Director of Public Works and by this reference are incorporated herein and made a part hereof. It is expressly understood and agreed that all monuments rave been or will be installed within thirty (30) days after the com- pleticn and acceptance of t!-ie required improvements, and that Subdivider has installed or will install termporary street name signs if permanent street name signs have not been installed. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done or, or before the first anniversary date of the recordation of the map of said sub- division. It is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certifi- ca~e of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the Director of Public Works has certified in writing the completion of. said public improvements or the portion thereof serving said buildings or structures approved by the City, provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. It is expressly understood and agreed to by Subdivider that in the performance of said work, Subdivider will conform to and ab~.de by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. Subdivider further agrees tc furnis:: and deliver to the City of Chula Vista, simulta_eously with the execution of this agree- ment, an approved improvement security in the sum of FORTY-EIGHT THOUSAND AiVD SEVENTY-FOUR AI~TD NO/100 DOLLARS ($48,074.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part hereof. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agree- ment, an approved improvement security in the sum of ONE THOUSAND, TU1O HUNDRED AND NO/100 DOLLARS ($1,200.00), to secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereof. It is further agreed hat if the public improvements are not completed within the time agreed herein, the sums provided by said improvement sect:rities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained 'Herein. -Upon certification of completion by the Director of Public Works and acceptance of said work by City, and after certification by the Finance Officer that all costs hereof are fully paid, the whole amount, cr any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest pursuant to the terms of the improvement security. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board, or officer thereof, be liable for any portion of the costs and /`~~~~- r. - r ~ .- ~~~ Tom.. _ r ~ :, - -, - C - = _ - _ G_:~ a..e___ , ;~~ '._a pit _ _ _- ~ __• _ c i '%r,c Cr' a ~r _~.a l'_i~ct-~ L":f .. .~__.~.. ::i .r_ _~._ lisinec. by t:?,e -:prove4. ir•~p=a~_ e_.,F.~:i~ - ~ ='ar-- regiirements of~ the Stale Supd~visic:~ __ap Chapter 28 0= the Chu±.a Vista ~'ity Co~we. ~_- Cc- ~ ~., tti'i~' .L1?'?~T_"5 eStdiJ- ~: Y, i.n accorda:.ce •..ith the Act and the provisions of It is further understood arc'_ aa-reed ~y Subdivider that an_y engineering costs !including plan checking, inspection, materia~_s furnished and other incidenta'_ e.cpenses; incurred by City in connec- tion with tt12 approval of the improvement plans and installatior_ of public i~~,provements hereinabove provided for, and the cost of street. signs and s+~reet trees as required by City and approved by the Director. of Public Works shall be paid by Subdivider, and that Subdivider sh.ail have deposited with City a s•.~~n of :Honey sufficient to cover said cost. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of cr.e year from date of final acceptance and correct ar~y and all defects er deficiencies aris- ing during said period as a result of the acts or omissions of Sub- divider, his agents or employees in the performace of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pur- suant to this agreement; provided, however, that said acceptance shall not constitute a waiver. of defects by City as set forth hereinabove. It is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, his agents or employees, in the aerformance of this agreement. Sub- divider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, his agents or employees, in the performance of this agreement; provided, however, that file approved improvement security shall not be required to cover the provisions of tris para- graph. Said indemnification and agreem=nt to hold harmless shall extend to damages r taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damace or taking, nor shall ity, by said approvaljbe an insurer or surety for the construction of .the subdivision pursuant to said approved improvement plans. In the event that suit is brought upon this cer:tract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorne~~' s fees . IN WITNESS i17HEREOF the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Pro-Tom/ Mayor o the City of C_ uha Vista r~ ATTEST ~ ~ , '~ ' t - Clerk - Approved as to form by ?~ _ ,,. George D. indberg, City Att Y y SUBDIVIDER: NACION ASSOCIATES, a li ed pa jt~ership Sta De l merit Co. -Rode ck-M. Steve son, President O A ert I. ottscha k, Treasurer P_tta~h Notary Acknowledgment here. 5{02. ~~~~.