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HomeMy WebLinkAboutReso 1968-4853RESOLUTION NO. 4853 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT WITH VISTA ASSOCIATES TO SECURE CERTAIN IMPROVEMENTS ON TELEGRAPH CANYON ROAD The City Council of the City of Chula Vista does hereby resolve as follows: That that certain amendment to the Subdivision Improvement Agreement with Vista Associates, to secure certain improvements on Telegraph Canyon Road and certain temporary cul-de-sacs, dated the 6th day of August 1968, a copy of which is attached hereto and incorporated herein by reference, be, and the same is hereby approved. BE IT FURTHER RESOLVED that tine Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said amendment for and on behalf of said City. Presented,by ,~-~-:~;~ f .- Lane F. Cole, Director of Public Works Approved as form by ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of August 1968 by the following vote, to-wit: AYES : Councilmen Sylvester, Hamilton, McCorquodale, McAl1~ ster, Scott NAYES: Councilmen None ABSEPdT : ATTEST ~i ~~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of j,, ,~~ 1 ~~ ~,%~ 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Cler Councilmen Nnna -1- AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT WITH VISTA ASSOCIATES TO SECURE CERTAIN IMPROVEMENTS ON TELEGRAPH CANYON ROP_D THIS AGREEMENT, mac'te and entered into this 6th day of August , 1968, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City'°, and VISTA ASSOCIATES, a limited partnership, hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, Subdivider has heretofore executed, on November 14, 1967, an.`agreement with the Cit_v of Chula Vista to secure the installa- tion of certain improvements in conjunction with the development of that certain subdivision known as Rancho Vista Estates Unit DIo. 1, and WHEREAS, all of said improvements secured by a performance bond in the amount of $120,850.00 have been completed in conjunction ~' with the development of said subdivision, with the exception of improve- ments on Telegraph Canyon Road and temporary cul-de-sacs as shown on Drawings No. 67-67L, 67-70L, 67-72L, 67-73L and 67-75L, and ti~.iHEREAS, Subdivider has offered the balance of said completed improvements for acceptance by the City of Chula Vista, and the City of Chula Vista has ir_dicated its willingr_ess to accept all of said improvements with the exception of those improvements listed hereinabove. NOW, THEREFORE, IT IS b1UTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. That the City of Chula Vista will accept the improvements set forth in that certain agreement executed on Povember 14, 1967, by and between the City of Chula Vista and Vista Associates, a limited partnership, with the exception of the improvements of Telegraph Canyon Road and temporary cul-de-sacs as shown on Drawings No. 67-67L, 67-70L, 67-72L, 67-73L and 67-75L. 2. That Vista Associates agree to install said improvements listed hereinabove or. Telegraph Canyon Road and said temporary cul-de- sacs at the end of Maripose Street and Oleander Avenue, as shown on said drawings within a one-year period if the remaining units of Rancho Vista Estates are not completed, and furtl-ier, that the improvements on Telegraph Canyon Road will be so installed within a one--year period. 3. Subdivider agrees to provide, concurrent with the execution of this agreement a performance bond or improvement security in the amount of TWENTY-TWO THOUSAND, FOUR HUNDRED DOLLARS ($22,400.00). 4. Subdivider agrees to make any and all remedial repairs which may be required in the existing improvements on Oleander Avenue if damage should be incurred thereby as a result of dirt moving operations. 5. It is further agreed that if the public improvements are r_ot 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. 6. Upon certification of completion by the Director of Public Pdorks 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. ;' -1- /C _ l--t ~ ~ -~. 7. It is 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 and expenses of the work aforesaid nor shall ar_y officer, or his sureties cr bondsmen be liable for the payment of any sum or sums for the above-mentioned work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the Subdivision A4ap Act of the State of Cali- fornia and the provisions of Chapter 28 of the Chula Vista City Code. 8. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials fur- nished 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 Director of Public works shall be paid by the Subdivider and that Sub- divider shall have deposited with the City a sum of. money sufficient to cover said cost. 9. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be respor_sible for the care, maintenance of and any damage to the streets, alleys, easements, water and sewer lines within the 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 dur- irg said period as a result of the acts or omissions of the Subdivider, his agents or employees in the performance of this agreement. 10. That upon acceptance of the work on behalf of the City, Subdivider shall grant to the City by appropriate conveyance, the im- provements 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, .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 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 Sub- divider, 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 idemnification and agreement to hold harmless shall extend to damages or taking of property r"esulting from the construction of said improvements as pro- .. vided herein to adjacent property owners as a consequence of the diver- sion of waters in the construction and maintenance of drainage systems and. the approval of City of_ the improvement plans as submitted by Sub- divider shall rot constitute the assumption by the City of any responsi- bility for such damage or taking nor shall City, by said approval, be an insurer or surety for the construction of said improvements 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. -7 _ ~C!_S. -2- IN WITNESS [^7HEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ ~! Mayor Improvement completion date: August 6, 1969 Improvement Securities: Form: Amount: $22,400.00 Approved as to form by SUBDIVIDER, VISTA ASSOCIATES, a limited partnership ,- ,., ~.-x George D.3ndberg, City Attorn~, P / ~~ ~~