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HomeMy WebLinkAboutReso 1968-4707i Form No. 352 Rev. 11-67 RESOLUTION NO. 4707 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN CHULA VISTA GARDENS UNIT N0. 5 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, DASS CONSTRUCTION CO. OF SAN DIEGO dated the 19th day of February 1968 for the completion of improvements in that certain subdivision known as CHULA VISTA GARDENS UNIT NO. 5 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 ~~\~~~ La e F. Cole, Director o_ Public George D. indberg, City Attor Works ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 27th , day of February 1968 by the following vote, to-wit: AYES : Councilmen Sparling, McCorquodale, Anderson, Sylvester, McAllister NAYES: Councilmen None ABSENT: Councilmen None ATTEST 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Form No. 410 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of February 1968 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and DASS CONSTRUCTION CO. OF SAN DIEGO 5837 E1 Cajon Blvd. San Diego, California hereinafter called "Subdivider," W I T N E S S E T H WHEREAS, 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 CHULA VISTA GARDENS UNIT NO. 5 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, approval 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 either have 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 County, or as an alternative thereof, that 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 at its own expense to install and complete, free of liens, all of the public improvements and/or land development work required in 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 its 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 tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions contained in Resolution No. 4032 approved on the 5th day of April 19 66 , and WHEREAS, complete plans and specifications for the construe- tion, installation and completion of said public improvement work have been prepared, submitted and approved by the City Engineer as shown on Drawing No. 67-83L thru 67-88L on file in the office of the City Engineer of the City of Chula Vista, 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 TWENTY-SIX THOUSAND, EIGHT HUNDRED FIFTY-ONE AND NO/100 DOLLARS... ($ 26,851.OQ, Form No. 410 Page 2 to which ten percent !1001 thereof has been added, which estimate is attached hereto marked "Exhibit A" and made a part hereof, and WHEREAS, the estimated cost as approved by the City for the installation of all munuments is attached hereto, marked "Exhibit B" and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: To comply with all of the requirements of the tentative map resolution; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and~'or land development work required to be done ~n and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and by this reference are incorporated herein and made a part hereof. It is expressl~.° understood and agreed that all monuments have beer or will be installed within 30 days after the completion and acceptance of the required improvements, and that Subdivider has installed or °~aili install temporary 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 on or before the first anniversary date of the recordation of the map of said sizb- div~sion or, whichever is the eariier~ It is expressly understood and agreed that the subdivider will perform said improvement work as set forth hereirabove or that portion of said improvem•~nt worx serving any buildings or structures ready for occr~pancy r_ said subdivision prior to the issuance of any certificate of clearance for utility connections to the San Diego Gas and Electric Company for said buildings or structures in said subdivision, and. such certif=cafe shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the pootion thereof serving said buildings or structures approved by the City, provided, however, that the improvement security shall not be required to ewer the provisions or this paragraph, and Tt is also understood and herein expressly agreed to by Subdivider that in the performance of said work, Subdivider will con- e form tc and abide by ali of the provisions of the ordinasices of the City of hula Vista, the :.ode of the City of Chula Vista, and the ]_aws of the Stale of Caiifor•nia applicable to said work. Subdivider further agrees that simultaneously with the execution of this agreement, it will furrish and deliver to City an approved improvement security ~n the sum of TWENTY-NINE THOUSAND, FIVE HUNDRED THIRTY-SIX AND NO/100 DOLLARS............($ 29,536.00 ), which secu.rit1 shall guarantee the fai_hful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part hereof . Subdivider further agrees that simultaneously with the execution of this agreement, it Wili furr_ish and deliver to City an approved improvement security in the sum of SEVEN HUNDRED AND FIFTY AND NO/100 DOLLARS ..............................($ 750.00 ), to secure the ins+_allation 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 within the time egreed hereir_, the sums provided by said improvement security may be used by City for the completion of the public =_mpr'ovements within said subdivision in accordance with fi'-~i(~ specifications contained herein- -2- Form No. 410 Page 3 Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the Finance - Officer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Subdivider, or its successors in interest pursuant to the terms of the improvement security. It i.s also expressly agreed and understood by the parties to this agreement 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..-arid expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum or sums for the above-mentioned work o.r any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the Subdivision Map Act of the State of California and the provisions of Chapter 28 of the Chula Vista City Code. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the improvement plans and the installation of the public improvements hereinabove provided for, and the cost of street signs and street trees as required by the City and approved by the City Engineer shall be paid by the Sub- divider and that Subdivider shall have deposited with the City a sum of money 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 the Subdivider shall guarantee all public improvements for a period of one year from said date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of the Subdivider, his agents or employees in the performance of this agreement. That upon acceptance of the work on behalf of the City, the Subdivider shall grant to the City by appropriate conveyance the improvements constructed pursuant to this agreement, provided, however, that such acceptance shall not constitute a waiver of defects by City asset forth hereinabove. It is understood and agreed that City shall not, or any officer or employee thereof, 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. Subdivider 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 the acts or omissions 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 paragraph. Said 3:demnifidation and agreement to hold harmless shall extend to damages or 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 the approval of City of the improvement plans as submitted by the Subdivider shall not constitute the assumption by the 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 plan. -3- ~-~~~~~ Form No. 410 Page 4 In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reason- able sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. 4707 of the City Council of the City of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE C ~TY OF CHULA~I SETA ,// Mayor SUBDIVIDER: DASS CONSTRUCTION CO. OF SANJDIEGO ilk ~ ~" ~~ Robp~,~ ey P ' dent Aaron H, lk Secretary Improvement Completion Date: February 19, 1969 Improvement Securities for Subdivision Improvements: Form: Bond, No. 605953, Gen. Ins. Co. of ~m~rica Amount: $29,536.00 ~, Monuments: Form: Bond, No. 605954, Gen. Ins. Co. of ~;merica Amount: $750.00 Approved as to form by C° y Attorney i i c ' ~-~~°~ -4-