Loading...
HomeMy WebLinkAboutReso 1968-4757Form No, 342 Rev- 8-6 "' RESOLUTION NO-~ 4757 RE50L~VS'ION OF 'THE CITY COUNCIL OF THE CIT~Y~ OF° CHULA VISTA APf~ROVINC; AGREEMENT BETWEEN THE CITY OF~ CHULA VISTA AND MATHILL CORPORATION, A PARTNERSHIP, FOR PARTICIPATION IN STREET IMPROVEMENTS ON QUINTARD, HILLTOP AND TOBIAS STREETS :~sND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve a.s follows: That that certain agreement between the City of Chula Vista, a m°~nicipal. corporations and Mathill Corporation, a partnership, for participation in street improvements on Quintard, Hilltop Drive, and Tobias Drive, dated the 7th day of_ Mav , 19 68 , a copy of which is attached hereto and incorporated herein, 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 said City. Presented by Approved as to form by Lane F. Co e, Director of Public George D. indberg, ity Attorn Works , ADJP`'TED AND APPROVED by the CITY COUNCIL of the CITY OF` CHULA VISTA,: CAI_~~FORNIA6 this 7th day of May ' 9 68 , by the following voteF to-wit: ~' AYES: Councilmen` McAllister, Sylvester, Hamilton McCorguodale Scott NAYES: Councilmen None ABSENT: Councilmen None ~,----~ / _~ " Mayor of the ity of C la V~ata __City Cleric STATE OF CALIFORNIA p COUNTY CF SAN DIEGO ss< C1''I'Y OF CHULA VISTA I, _, City Clerk of the City of Chula Vist.ap CaliforniaF 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 amended or repealed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 -~ AGREEMENT FOR PARTICIPATION IN CERTAIN STA.EET IMPROVEMENTS ON QUINTARD, HILLTOP AND TOBIAS STREETS THIS AGREEMENT, made and entered into this 7th day of _ May , 1968, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the MATHILL COMPANY, a partnership, hereinafter called "Developer"; W I T N E S S E T H YdHEREAS, the Planning Commission of the City of Chula Vista has heretofore granted a variance tc C.`P.:_Kiffe for a reduction. in lot size for the property located at the southwest corner of Hilltop Drive and Quintard Street, and a parcel map has been accepted by the City of Chula Vista for the development of. said property, and WHEREAS, as a condition of the granting of said variance, Developer has agreed to the installation of certain improvements, including among others, the required street improvements on Quintard Street, Hilltop Drive and Tobias Drive within the City of Chula Vista, and WHEREAS, complete plans and specifications for the construction, installation. and completion of said public improvement work have been prepared, submitted and approved by the Director of Public Works, as shown on Drawings No. 67-80, 67-81 and 67-82, on file in the Engineering Division of the City of Chula Vista, and WHEREAS, the estimated cost of constructing said street improve- ments according to said plans and specifications is $31,214.00, and WHEREAS, City has agreed to participate in said improvements to the extent of bearing the cost of the installation of 12 feet of pavement and base north of the centerline of Quintard from Tobias to Hilltop Drive, and WHEREAS, the cost of said participation. will be determined based upon unit prices established by certified copies of bids received by Developer, estimated at $2,000.00, and said participation shall also include the fixed amount of $100.00 for street grading. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. Developer agrees to complete all of the improvements con- tained in the plans and specifications on file in the Engineering Divi- sion, and as shovm on Drawings No. 67-80, 67-81 and 67-82. 2. City agrees to participate in said improvements to the extent of bearing the cost of the installation of 12 feet of pavement and base north of the centerline of Quintard from Tobias to Hilltop Drive, estimated at $2,000.00, and said participation shall also include the fixed amount of $100.00 for street grading. 3. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all improvements re- auired under the provisions of this agreement to be done on or before the first anniversary date of the execution of this agreement. 4. It is expressly understood and agreed that Developer 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 certificate of clearance for utility connections to the San Diego Gas and Electric Company 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. 5. Developer agrees to conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California in the performance of said work. 6. Developer further agrees that simultaneously with the execution of this agreement, he will furnish and deliver to City an approved improvement security in the sum of THIRTY-ONE THOUSAND, TWO HUNDRED AND FOURTEEN AND P1O/100 DOLLARS ($31,214.00), which security shall guarantee the faithful performance of this agreement by Developer and is attached hereto, marked Exhibit "A" and made a part hereof. 7. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said - improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifi- cations contained herein. 8. Upon certification of completion by the Director of Public Works and the acceptance of said work by City and after certification b_v 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 Developer, or his successors in interest pursuant to the terms of said improvement security. 9. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Developer 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 Developer 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 Developer, his agents, or employees in the performance of this agreement. 10. It is understood and agreed that upon acceptance of the work on behalf of the City, Developer shall grant to the City by approp- riate conveyance the improvements constructed pursuant to this agreement, provided, however, that such acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 11. 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 Developer, his agents or employees in the performance of this agreement. Developer 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 Developer, his agents or employees in the performance of this agree- . ment, provided,however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said idemni- fication and agreement to hold harmless shall extend to damages or taking of property resultinq from the construction of said subdivision and the public improvements as provided herein to adjacent property owners as a consequence o.f the diversion of waters in the construction and mainten- ance of drainage systems and the approval of City of the improvement plans as submitted by Developer 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 plan. 12. 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 WITNESS G7HEREOF the parties hereto have caused this ac_tree- ment to be executed the day and year first hereinabove set forth. THE-~I~'Y OF CHULA VISTA L--~~'~NIa ~ of t'he Cit of Chula Vista Y Y ~. DEVE~L~OPER, MATF3ILL COMPANY, a partnershix Richard A. Tuthill, President DICKCOIQ CORPORATION, a California Corporation Henry L. ,,Maxwell, President MAGLEN DEVELOPMENT CORPORATION, a California Corporation Approved as to fcrm by ~ ~~~ ~~~~- George D.; indberg, City Attorne -3- /; _