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HomeMy WebLinkAboutReso 1969-5274Form No. 352 Rev. 11-67 RESOLUTION N0. 5274 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN PALOMAR VIEW HEIGHTS 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, Locdel, Inc., a California corporation dated the 1st day of July , 1969 , for the completion of improvements in that certain subdivision known as Palomar View Heights 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 ~~ ~. ~. a~~F . ~o e, ~ irec or off' ~il~iic Works Approved as to form by eorge erq, i orney ADOPTED AND APPROVED by the -CLTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 1st day of Jul following vote, to-wit: ~ y 1969 by the AYES : Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister NAYES: Councilmen None ABSENT: Councilmen None "" ~ ~ ATTEST `~' ,. Mayor of the-City of ula Vista \Gity 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 :iUL?D~V=S3'J~ T."PF(~VL''•fL'_V'i' AG_tiL'?~_i~E2vT THIS r'~GP~%~L'f•SEi41 , made arcl enterea. in i:o th ~ s Ist day of_ Julv . 1x69 , by aP_iu be~:s;een the CIT1' OF CHULA VIS'~A, a municipal corporation,nereinaftzr called "City", and LOCDEL, INC., a California corporation, 125 'lorida Street, Imperial Beach, Cali- . forma, hereinafter Called "Subdivtd.~r"~ W I T N E° S E T H W'tiEREAS, Subdivider is about to present to the City Counci_1 of the City of Ciiula Vista for approval and recordation, a final sub- division m_ap of a proposed subdivision to be known as PALOriAR VIEb9 HEIGHTS SUBDIVISION, pursuant to tiro 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, approval~ar~d 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 i.rnprovements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions ar.e approved by the Council for purpose of recording in the Office of tine County Recorder of San Diego County, 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 requi.remerts of Chapter 28 of the Chula Vista City Code, agreeing to install and complete, free of liens, at Subdivider's own expense, all of fire public improvements and/or land development work required in said subdivision :within a definite pericd of time prescribed by said Council., and F7HER;AS, Subdivider is willing, in consideration of the approval and recordation of said map b•y the Council, to enter into this agreement wherein it is provided brat Subdivider will install and complete, at Subdivider's own expense, all the public ir<iprovement work required by City in connection with the proposed subdivision and will deliver to City an improvement security as approved by fire C?_ty i ttorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No, 5035, appxoved on the 28th day of January, 1969, and hTHEP.EAS, complete plans and specifications for the con- st.rur,tion, installation and completion of said public improvement work have been prepared, submitted and approved by the Director of Public :~4orks, as sho.•m on Drawings iso. 69-57D, on file in the Office of the Director of Public t~'orks, and Yv~3EP.~:'AS, an estimate of the cost of constructing said public improvem~rts according tc said plans and specifications has been sub- mitted, and approved by the City, in the amount of THIRTEEN THOUSAND, SIX HiJNDRED AND FIr'='EEP~ A.ND i7O/100 DOI,L_ARS ($13, 615.00) , to which ten percerr~ 100) thereof has been adued, .•~hicir estimate is attached hereto rnar:ked Exr,ibit A" and made a par's hereof, and Y+iERE"~S, tree estimated cost as approved by City for the installati_o-~ of all mo.r~umeni:s is attached hereto, marked "Exhibit B`. and made a part hereof, NObti, THERy~ GPI, IT IS i:'l1'1'IJALL•Y UNDERSTOOD AND AGREED AS FOLLOWS: -1- r~ -c-~ r7~-~ S~~bdividev' n~i~-eE5 t7 C:O.:^li~ ~,~7i . ~1 -. ,. th ]_ o~ ~,le rc-,ruire~er.ts of the tc-native t..ap.• _~_,o1~,~tic~; tc do and perform cr c~,usc tc b== dc...: Gild ~Jerformed ~ at 1tS OvJI'1 2xp°nse, 4T i tilvi:.t COS', t0 Ci"~:y, 1n a ~OOd y and P:Orkrnanl"i;;P manner, t'nd2'- the dir-eCticn and to the satisfaction and approval of the Director of Public Works, alI of the public: improve- ment and/or land development work required to be done i.n and adjoining said subdivision; and j~iil furnish the r_ecessary materials therefor, all in strict conformity and iii accordance with the plans and specifi- cations, which documents have heretofore been filed in the Office of the Director of public I~Jorks and by t;tis reference are incorporated 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 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 F'' 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 perform said improve.«ent work as set forth he.reinabove or that portion of said improvement work serving any buildings or structures ready. fen 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 not be 1SSLEd until the Director of Public Works has certified in writing the corpletion 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 paragrapr, It is expressly understood and agreed to by Subdivider that in the performance of said work, Subdivider will conform to and abide by all of the provisions cf 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- - mint, an approved improvement security in the sum of FOURTEEN THOUSAND, SIX HUNDRED, SEVENTY-SEVEiQ AND IVO/100 DOLLARS ($14,677.00), 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 cf Chula Vista, simultaneously with the execution of this agree- ment, an approved improvement security in the sum of TWO HUNDRED DOLLARS ($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 that if the public improvements are not completed °~;ithin the time agreed herein, the sums provided by said 1mprOVer.lc•i'!t eC::rlti°S mc<y be Ll~ed by iv;_ty for the COmpl.etloe: Of the public isiipro~,,ements within said subdivision in accordance Witi1 the sp~cificati~ns contained herein. Upon certification of completion b_y the Director of Fublic ~^'~orks anc~. acceptance of said work by City, and after certification by the Finance Officer that all costs hereof are fully paid, the w.t_,ole at~_ount, or an~~ part thereof not required for payment thereof, may be released. to Subdivider or its successors in interest pursuant to the terms Cf tll 1.,^.tprOVement S2Cllrity. It is also exp.-essly acJreed anu understood by the parties hereto that in no caso will the City of Chula VS_sta, ur any department, board, or cffioer thereof, be liable for any portion of the costa and exp°_..*.1S~S 01 trte ~'70rC afOreSai~;, nOr 81c~~1 cnv OffJ_Ce~, h1S SUretJ.eS Or bGI1 ~.~.IliC~, h2 ~_1C,'~ ~ r t __ ~' "- _ ~ S u.~_e = o p,~ pa I:, s t Gi any .;m cr s;:~?~s for said YGrk C`r sal" ' '~!~;t~r121~ fury' 1 ~,_r; _ - ~~~ - ° ~ :_J 1~~" 'L c'_".'~Or, e?:CcDt t0 ~.=he -1P11tS eStab-- lished by the appro~red imt~ro~-ean.ent security in accordance with the req~;lremP_ntS Of t~i% Stut^c SubC?.1~JiSi On i`rlap ACt and the prOV1.~iGI7S Gf Chap;per 28 of the Chula Vista City Code. Tt is further understood and agreed by Subdivider that any engir_ne~_ing costs (including plan checking, inspection, materials €v.rnished and other incidental eypenses) incurred by City in connec- tion with the approval of the :improvement plans and installation of public improvements hereinabove provided for, and. the cost of street signs and street trees as required by City and approved by the Director Qf public F,TOrks shall be paid by Sub-divider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. It ;is understood and agreed that until such time as all 1.mproveme?Zts 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 guarantoe all p~ablic improvements for a period of Gne year from date of final acceptance a_nd correct any and all defects or deficiencies aris- ing e?uring said period as a result of the acts or omissions of Sub- divider, his agents or employees in. the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyaxice, the improvements constructed pur- suant to this agreement; provided, ho~ti>evor, that said acceptance shall x~ot constitute a waiver of defects by City as set forth hereinabove. Tt is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury to person or ~rcpert_v 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 held harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss ef_ arly sort, because of or arising out of acts or omissions of Subdivider, his agents or employees, in the performance cf this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this para- graph, Said indemnification. and agreement to hold harmless shall extend to dalrages or taking of property resulting from the construction •Cpf sa?.d subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion. of waters i.n the construction and maintenance of drainage system and shall not constitute the assumption by City of any responsibility for such damage 4r tak;in3, nor shall City, by said approval, be an insurer or surety for the construc~cion of the subdivision pursuar_t 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 WITDIESS WHEREOF the parties hereto have caused this .agree- ment to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA SUEDIVIDER: LOCDEL, INC. ~. ; ~ / •~~ / i l~ : ``~ ~' ~~~ _ i• ~ i~ „/' (o' ~ ~' `~' : ~ ~~~--~l~~' lam' ~~ - ~- Mayor of the City/of Chula Vista i -- ~"l~` ~` ~jr ~ ~~y, ~-tv Clerk ° -~ _ Approved as t0 form by Attach Notary Acknowledgment here. I~`~~ George D, Lindberg, Cit1~ ?~tterne> -3- ~