HomeMy WebLinkAboutReso 1968-4871Form No. 352
Rev. 11-67
RESOLUTION NO. 4871
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN
PRINCESS MANOR UNIT N0. 9
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, Princess Park Estates, Inc.
dated the 20th day of August , 19 68 for the completion
of improvements in that certain subdivision known as
PRINCESS MANOR UNIT N0. 9
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
~;
.~
Lane F. Cole, Director of Public
Approw,~ed as ~a--form by
George D ~Lind~erg, City Atto
ADOPTED AND APPROVED by the CLTY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 20th , day of
following vote, to-wit: - August 19 68 by the
AYES : Councilmen_ Sylvester, Hamilton, McCorquodale, McAllister, Scott
NAYES: Councilmen None
ABSENT: Cnnnni ln,o„ ~T___
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amended or repealed.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 D;o, 41.0
SUBDIVISION IMPRG~'EPfyNT AGP.EEMENT
THIS A JRE'Er".ENT, mad, arld entered into th' s 20th day
of August 19 68 by and between the CITY Or CHJhP_ VISTA,
a municipal corporGtion, hereinafter called "Ci+y," and
PRINCESS PARK. ESTATES, Ii~?C.
2030 State Street
San Diego, California
hereir.aftet- ca11_ed "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-
dvision map of a proposed subdivision to be known as
PRINCESS MANOR UNIT N0. 9
pursuant to the provisions of the Subdivision Map Act cf the State of
California, and in compliance with the provisions of Chapter 28 cf the
Chula 'v'ista City Code relating to the filing, approval and recordation
of subdivision maps, and
WHEREAS, the Code provides that k,efore said map is finally
approved by the Council of the City of Chula Vista, Subdivider Trust
eitl-ier 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
Counc?_1 for purpose of recording in the Gffice of the County Recorder
of San Diego County, cr as an alternative thereof, that Subdivider
shall en~er into an aareemer_t with City, secured by an approved
imp,-oveinenc security to insure the performance of said caork 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 's aid subdivision within a definite period of time prescribed by
said Council, and
WHEP,EAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter ir_to
this agreement wherein it is provided that Subdivider will install
end cempiete at its own expense, all the public improvement :cork
required by City in connection with the proposed subdivision and
will deliver to City an improvement security as approved by the
City Attorney, and
ai-3EREAS, a tentative map of said subdivision has hereto-
fore bean acproved, subject to certain ,-eauirements and conditions
cSe_atemeer , n 2`es lli9i67 Nano 4532 approved or. the 5th day of
`v4'.i~VE~'>_S, coirrolete pla.r.s a-rd specifications for the constr,wc-
t'-onr =nstailal.ion Gnd completion of said public iwprovement work ;,a~»
bee:. i10'~=~-rC'~r '.U.limitted and a_~prpVed }JV tl?E rlty ~nginC.Cr a5 ,, CT~;n 071
Dra.~;ina _;o, b8-17i~ thru o8-21L on file: in she office of the^City
Er_~~.ne_-- of the City of Ci1ula Vis+~a and
4vi?L'F<JAS, an estimate of tho- cost of construct.irg said
Y`-~-?1i-r -T"U~OJr.!;'.E.r1tS aCC01`<'1n~ tC Sa1d `~IariS anc:t Sp°C1f1.C:~t_:nS 1.7
r- '~ aS
bE'E' SL:~ii:.i C, ?it,'; ~,Opt-O~>~`r: kiy the ~'ity, 1P. t17C ~.mOU?"lt Of EICyH'1'Y-
SF: LN 1:.`GiJSyi~D, IdiNEr'_li'v:~RED AND Titi'FNTY-TG4G DOLLARS.... ($87, 922.00) ,
- ---' Fage-2
to which ten percent ~lU~; t~.ereof has been added, which estimate is
attached hereto marked "Exhlb~t A" and made a part hereof, and
wHL:REAS, the estimated cost as approved by the City for the
installation cf all munumen~s is attached. hereto, marked "Exhibit B"
and made a part hereof.
NOW, THEREr'OF.E, IT TS i~iUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
Te 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 ands"or land development
work required to be done In and. adjoining said subdivision; and will
furnish the necessary materials therefor, all ir. strict conformity and
in accorda_n:^e with the plans and specifications, ~,hich 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 expressly understood and agreed that all monuments
have been or will be installed within 30 days after the completion
and acceptar_ce of the required improvements, a.nd that Subdivider has
installed or will install temporary street name signs if permanent
street name signs have not been installed.
It -mss 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 ~.nniversary date of the recordation of the map of said sL.b-
division or,
whichever is ttie earlier..
Tt x~ expressly understood and agreed that the subdivider ~~
will perform sated improvement. work as set forth hereinabove or that
ti 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 sha ll. not be issued until the City Engineer has
certified 1n writing the completion -of said public improvements or the
pr.otion thereof serving said buildings or structures approved by the
City, provided, however., that the improvement security sha]_1 not be
required to cover the provisions of this paragraph, and
Tt is also understood and herein expressly agreed to by
Subdivider that 1n the performance of said work, Subdivider will con-
form to and abide by all of the provisions of the ordinances of the
City of Chula Vista, the Code of the City of Chula ~Jista, and the
laws o= the State of California apx~licable to said work.
Subdivider further agrees t:,at simultaneously with the
execution of this agreement, it will fur_::_sh and deliver to City an
a_~prot'ed-mproveme~t seo:.r_.ty ~n '':e sum of NINETY-SIX THOUSAND,
SEVEi3 HUiQDRED AND FOURTEEN DOLLARS. .t5 96, 714.00 ) ,
which secu.rlty shall ;uarantee th fa1.~:.'r.ful• performance of this contract
by Subdivider a~;d ~s attached hereto, marked "Exhibit C" and made a part
hereof . ~ -
Subdivider further agrees that simultaneously with the
ex. e.^_ut-on of this agree_ent, it t~;ii1 furr~ish and deliver to City an
approved improvement sccur_ty ~n the sum of
FIVE HUNDRED DOLLARS ................................($ 500.00 ~
t0 Secure the 1r1St=a~ iat..lCr1 Of 1P..Oni:i;?1_?r~t~, r ?ahlC}t SeCllr]_t~ iS attached
hereto, marked "E;chlbiv D" and iad~ a part hereof.
It is further agreed that if the public improvements are
nG'C_ COIitpl°tcCl wltil]_n file t:1r:l'~ c?;~rPed hc-~.r~?ln, t}?e ~u!i15 UY'OViued by
Said lmprove:nent S-_'.^~1r1tY mc_y ,.e L',S:'.~ 'L'V ~~1tV f!`Y t~1.._ CJmpletlOn Of
file pt1b~1C 11T: N: !'G Vc'i i!.e nL cT_tit1=: _. ,.;_a ,>i: ~?CiiV1S_On In ~CCvr da,lCe v^.'1 th
S eC., ` ~ -
p _1C.- =10i~:~ `.•iI:T_al.r;-'C ~,=re..,
~~~~
Foim tie. X1.0
Page 3
Upon certification of completion by said City Engineer and
acceptance of said wore by Czty 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 ymprovement security.
It is also expressly agreed and understood by the parties
to this agreement that in no case will the City of Chula Vista or ary
department, board or officer thereof be liable for any portion of the
costs and expenses of the work aforesaid nor shall any officer, or his
sureties or bondsmen be liable for the payzrent 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 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
ary engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by the City in
connection with the approval cf the improvement plans and the
installation of the public improvements hereinabove provided for,
and the cos- of street signs and street trees as required by the
City and approved by the City Engineer. shall be paid by the Sub-
d.ivder 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 guarar_tee 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.
Tr?at 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 as set 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 an;% and all claims, demands, causes of
action, liability or loss of any sort, because of or arising out
of the ants or omissions of Subdivider, his aaents, or employees
in the performance of this agreement, provided, however, that the
approved improve~:~ent security shall not be required to cover the
provisions of this paragraph. Said ~demnifidation and agreement
to hold harmless shal]_ extend to damages c;r taking of property
resulting from the construction of said subdivision and the pubi.ic
improvements as provided h~rei.n to adjacent property owners as
a consequence of the diversion of wa-iiers in the construction a.nd
maintenance or dras.nage systems a~:d the approval of City of the
improvement plans as submitted. by the Subdivider shall not
constitute the asst~.u~tion by the ; ty c_` ar.•_y rest onsibility for
such damage or taking nor s}~all City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant
to said approved i mprovement pla:~.
t'-Jjlll 1VV ..! V
Page 4
In the event that suit is brought upon this contract. by
City to enforce the terms hereof, City shalJ_ be entitled to a reason-
able sum as attorr:ey's fees.
IN 4~IITNESS LdIIEREOF, 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 Ne. 4871 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 CITI OF CHULA VISTA
~~
Mayor
SUBDIVIDER
PRINCESS PARK ESTATES, INC.
Ralph E Spaid, rotary
Improvement Completion
Date: August 6, 1969
Improvement SeCliritieS for
Subdvisior_ Improvements:
Form: Bond #1480341, Travelers Indemnity
Amount: $96,714.00
Monuments:
Form• Bond #1480039, Travelers Indemnity
Amount: $500.00
Approved as to form by
Ci Attorney