Loading...
HomeMy WebLinkAboutReso 1969-5486l ~ Form No. 352 Rev. 11-67 RESOLUTION N0. 5486 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN KINGSWOOD UNIT NO. 2 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, Robinhood Homes, Incorporated dated the 9th day of December , 19 69, for the completion of improvements. in that certain subdivision known as Kingswood Unit No. 2 Subdivision 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 Approved as to form by P C ~ ~ ~, Lane F, Cole, Director of George D, indberg, City Att r y Public Works ADOPTED AND APPROVED by the -CLTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 23rd , day of December , 19 69 , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ~~~ -Mayor of the City of hula Vista ATTEST `~ ,,._ ..-c - ~c~t ~: f:L-L- .. ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ ~ , 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk ~~- lii~ ACL:`.ri,?',N'T, made and entered 1r?tQ t111S y dcy !~= r _ ~~~ .__ _,~__ , 19~~, bi% a:nd between the C~ TY Or C__ULA tiISiA, a' mun_LC~,al cor~oraticn, hereinafter called "City", srd ROI>"iI`iI3O0D liOP-iL'3, Ii~CUFPO_RhTED, a California Corporation, 358 Trousdale Street, Chula Vista, Cali for?~ia 920 i0 hey:eiriafter called "Subdivider"; W I T N E S S E T H WHEP~'AS, S1?:hdivid.er is about to present to tre City Co~anc_i_1. of the City c:'~ Chula Vista for appro-va_l and recordation, a final subdiv_si on m?p of a proposed subdivision to be };nown Gs RINGSV~OOD Li1IT 1T0. 2 STJBP.IVISION, pursuant to the provisions of the Subdivision Map Ar.1~ of the State of California, and in compliance t:%ith the provisions o~ Chapter 28 of the Chula Vista City Code relating to the filing, - approval. and recordation of subdivision maps, and F WFIEP?~'AS, -the Code provides that before said map is finaJ_ly appro~,Tecl by the Counc-i 1 of the City cf Chula_ Vista, Subdivider must have ^:ifiher installed and completed all of the public improven:er.ts and/or land developner~t 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 County, or as an alternative thereof, Subdivider shall enter in'~o an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the regt;~irenler.ts of Chapter 28 of the Chula Vista City Code, agreeing to install and complete, free of liens, at Subdivider's own expense-, all of the public improvements and/or land development. work required in said subdivisior_ within a definite period of time prescribed b,> said Counci 1, anal 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 a.nd.~~,i11 deliver to City an improvement•security as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution Iv7o. 5113 approved on the 1st day of April, 1969 and ' WHEREAS, complete plans and specifications for the con- st.ruction, installation and completion of said public improvement work have been prepared, submitted and approved by the Director of Public i~'orks, as shown on Dra-vaings No. 69-164D through 69-169D, 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 submitted, and approved by the City, in the amount of Oi1E HUiviDRED TWENTY-SIX THOUSALID, TVdELV~ AiQD NO/100 DOLLARS ($126,012.00) , to which ten percent (lOs) thereof has been added, which estimate is attached hereto marked "E~.hibit A" and made apart hereof, and WHEREAS, the estimated cost as approved by City for the installation of a:~1 monuments is attached hereto, marked "Exhibit B" and made a mart hereof. NUi'7, TI;%ItEFOP.:;, T^1 IS MUTUALLY Uf~DF;;SmpOD AND AGF.EED AS FOLLOC~~S : -1-- ~~~lf C~ ,. _." _ _ . ~" _. ~ _ .; _ _.. _ , ~: i" _ _ c_ of : .-. ~::-, ~.. ~ ~ c' C ~ '~ _. ` ~ ~ ~ - ~. n a.. ,.. :., r /: ?,?i,l -_._ ma~ine'r, iallder t}.e Ct1YeCu_G u11 C1 Cv tRc ~~S _.~1 _J_, S~c~.:L10r. algid a~:ipr~0`;7~~i" lJf th2 ;~1rOCi.Or Gf P11}'J11C V~iOr}iS, all Of 1~1_7e pUt~11C lnlprOVe- m~~nt anctj or lalAd dev~" 1.0~ -Went work required" to be dolie 1 n and ad ~ oin:i"i1C_( said ._ubC~ivision; an~3. :•.ill furnish the necessary materi als therefor, ai]. in strict confosnlity and in accordance ~~:ith tree pla"ns and specifi- c:aticns, whi±:~; ~+~curn_nts have heretofore been filed in the O~fice of the Direc4Cr ~,~" public Works and by this reference are incoruoratcd herein and made a part hereof. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the com- pletion and acceptance of the required improvemenas, and that Subdivider has installed or wi].1 install termporary street name s:i_gr.s if permaz-lent street name signs have not been installed. It is expressly understood and ag,-eed that Subdivider ~~ill cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on 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 ~~=rfcrm. said improvement work as set forth hereinabove or that portion oi: sa_id improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certifi- cate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall no"t be issued until the Director of Public Works has certifi"ed 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 n the performance of said work, Subdivider will conform to and abides 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 to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agree- mer_t, ar. approved improvement security in the sum of ONE HUNDRED THIRTY- SIX THOUSAND, EIGHT HtTNDRED TWENTY-ONE AND NO/100 DOLLARS (136,821.00), ~:hich security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, mar};ed "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 triis agree- mert, an approved improvement security in the sum of ONE THOUSAND, FIVE Fii;NDRED AND NO/1C0 DOLLAF.S ($1,500.00), to secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereof. It is further agreedthat if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements within said subdivisi"on i"n accordance with the specifications contained 1-ierein. 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 i~ereof are fully paid, the whole a.*llount, or a.ny 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 express]_y 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 portior_ of the costs and _ ., , _r , _ . _ _ ~ ~ _ s t ,. _ _. ._ _.v - - 1 S`lc icy E._";'' Zy~i r0~-.::(~~ a. iG_OJeI•:1ent SeCl:_: `i" 1T1 ~aCCOl ~a.1C_ l'JJ L'il tl"~e YE'C;Ui1E?'il~n~ C~ ttl.: Sta~`_e Subd1V1S1on iiap f_.Ct dTld t'le prGVlSii`nS of Cl^-1 tc~r 22 of t}!.e ~h~ala Vista. City Code.. It i.s further understood and agreed by Subdivider that any u°.:~in:.~~~i.n costs (including pla;. checkir_g, i~_spE?ctinn, maerials `t:.rnis?~E,c• and otl-:er incidental e~;penses) incurred by City in connec- 'cicn •~i-ih the a~prova7. of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs anal street trees as required by City and approved by the Director cf nub,..ic Works shall be paid by Subdivider, and that Subdivider shall base deposited with City a sum of money sufficient to cover said cost. Ii. 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 i.s further understood and agreed that Subdivider shall gun-r_antee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies aris~- inq during said period as a result of the acts or omissions of Sub- divider, h.is agents or employees in the performance of this agreement, a.~,r7 tY;at upon a.ccept~r_ce of the work by City, Subdivider shall grant to City, by appropriate conveya~ice, the improvements constructed pur- suant to this agreement; provided, however, that said acceptance shall r_ot constitute a waiver of defects by City as set forth hereinabove. It i.s understood and agreed that City, or any officer or ems;loyee 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 performance of this agreement. Sub- . divider further agrees to protect and hold harmless City, its officer. s. 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 emissions of Subdivider, his agents or employees, in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this para- grapli. Said indemnification and agreement to hold harmless shall extend to damages cr 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 damage or taking, nor shall City, by said approval, be 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 contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees, IN G9ITNESS G9HEREOF the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. Ti1E CITY CF CHUT_,A ViSTP. SUBDIVIDER: ROBINHOOD HGMES, INCOR-FORAYED ,:---~ ,~ ~ _ _ ~ , ~' b~ayor of the City c= CI- is Vista -'i - ATTEST ~~ 1_ C -- '~-"O ~ F i Approved a_s to fcrrr~ by George Lir~dberq, Citl% A c _ney Attach NGtary AcknaTr,ledgment here, -~- ~, ~ ~ ~~