HomeMy WebLinkAboutReso 1968-4804Form No. 352
Rev. 11-67
RESOLUTION NO. 4804
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
FLAIR SUBDIVISION, UNIT NO. 3
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, LES CHATEAUX,
dated the 25th day of June 19 68 , for the completion
of improvements in that certain subdivision known as
FLAIR SUBDIVISION, UNIT NO. 3
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 'c
Works
Approved as to form by
George D. indberg, ity Atto ey
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 25th , day of June , 1968 , by the
following vote, to-wit:
AYES : Councilmen McAllister, Scott, Sylvester, Hamilton, McCorquodale
NAYES: Councilmen None
ABSENT: Councilmen None
ATTEST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
Mayor of t
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amended or repealed.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
SUi,DIVISIO~'. IN11-'ROV~~''ENT AGi:L'F;r~it,T1T
`I'I,'..I_S AGREEMP_NT, made and eritE~red. ~_nto this 25th day
of June , 19 68 by anti between the CITY OIL' CIIULA VISTA,
a mur:icipal cor_pc,.ratyon, hereinafter called. "City," and
LES CHATEAUX, in limited partnership; by AMEI:ICAN HOUSIiv'G
GUILD, by STAN DEVELOPMENT CU.
3247 Mission. Vi1_lage Drive
San Diego, California 92123
hereinafter called "Subdivi_der,"
W I T N E S S E T H:
• j~7HEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final sub-
division r!iap of a proposed subdivision to be known as
FLAIR UNIT NO. 3
pursuant to the provisions of the Subdivision Map Act of the State or
California, and In compliance with the provisions of Chapter 28 of the
Chu1.a Vista City Code relating to the filing, approval and _r.ecordation
of subdivision maps, aril
~dHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula ~iista., Subdivider must
either have installed and completed all of tre p~abl.ic irlprovements
and/or land development work required. by the Cede to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Gffice of the County Recorder
of San Diego County, or as an alternative t~iereof, thai_ Subdivider
shall enter into an agreement with City, secured by an approved.
improvement security to insure the performance of said work pursuant
to th.e requi.rernents of C'rrapter 28 of the Chula Vista City Code,
agreeing at its own expense to install and complete, free of liens,
all of the public improven.er.ts andjor_ land devel.oprnent work required
in said subdivision within a definite period of time prescribed by
said Council, and
6~7HEREAS, 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 o.•m expense, all the public improvement work
required by City in connection ~~,~ith the proposed subdivision anti
wi]_1 deliver t.o City an improvement security as approved by the
amity Attorney, and
WHEREAS, a tentative map of said subdivision has heret=.o-
fore been approved, subject to certain requir_erients acid conditions
contained in Resolution No. 4350 approved on the 14th day of
March 19 67, and
Iv'HEREAS, complete plans and sp;~cifications for the construc-
tion, installation and completion of said public improvement work have
been prepared, subr^it.ted ~.nd appr.oved by tho C;1-i~v Fngir.enr. as shoc•m ezr
Dra:ving No. 58-58D thru E8-73D on file in the of.t~ce of the City
Engineer of the Clty of Chula Vista, and
WHEREAS, an est.i.mate of the cost of constructing said
pLlbilC 1T!1prC~V:,rnE~T1tS aCCC.~rC''.~ nct t0 Sald plans ur~ci ^pc'CI.flCatlOr?S 1'ias
b~,~rn submitted, anti approved by the City, i_n the arnotz~it of ONE HUNDRED
AND SEVEN THOuSAPvD, FIViJ HUNDRF'D AND Ei:G:aTY-O:`~ DOLLARS ($107,581.0
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l'~or,u No > 410
f' act ~~ 2
t0 S^Ti'11.C1'L t_E'n ;;CrC'E't7"L'_ 10'-, ~ tl"1 iE'Of I:ciS bEEri Cld3.~~i~, wl:1Ci1 E~'St.~mutE ~S
att_acilec.' 11('rCt:~~ Iil~iY':;E'Cl °1}';Xi?.l.b1t A" and Inadc u par"t 1"leL"eof , arld
`~vHEt:f:;1~S , the es i_~.rnatecl corr. as apl,roved by the City for the
1nSta.)_latLOrl Of c111_ nillriLlInen~S 1S attaCheCl hert~t;,J, rriurked "IJ'Xhibit B"
and made a part= i;ereo .
FULLOv~'S
NOw, 'I'iERE:E'OFE, IT .I'v IvIUTUALLY TJNDrI~ST<>UD ANU AuKEL'D A.S
To comply with a.ll of the re:~ui_r_ements of. the tentative
map r.esolut~on; to da and perform or cause to be done and pertorrned
at its own expense, caithout cost to City, in a good and workmanlike
manner, uncier_ the d1rectyon and to the satisfaction and approval of
the City Eng ~..neer, a11. of the public .impr_overrient and;'or. land development
work reclulred to be dole in and. ad~oirzing saa_d subdivision; and will
furnish the nocessarr materials therefo_r_, al1_ ~n strl_ct conformity and
in accor.~d r1ce with the plans and spec~.f scat=ions , c-which documents have
heretofore b:~n fz.led in tide off_l~e of the City Engineer and by this
reference aie incorporated herein and. made a part hereof,
it i=, expressly ~lnderst.oed and. ac~r.eed that all monurneilts
have been or wi_11 be i_n~taJ_1_ed within 30 days after the cornpletien
and a.::ceptanc*_~ of ti-Te r.eau~_red .mpro~,Ter::onts, ~+.rd that Subdivider has
inst_all~:d or ~aili ~.nstall temporary street name signs if permanent
street name signs have not been 1_nstalled,
It ~_s expre;~sly un
cause all. n->cessary mater. S.G1s
required uncl~r the provis.i.ons
the r'.~.rst anil? ~,erti'a.ry date of
divwsron or,
wh.~c:hever 1s t'c;, c~a_i 1_ler..
derstcod and agreed that Subdivider will
to be furnished and all inlprovemer~its
of this contract to bo, done on or before
the recordation of ~:h.e map of sai_d sub-
I. t: a_, exp,~essly understood and actreed that the subdivider
will per"form sa)_d .~iT. Yover:,e1t work as set foYth hereinabove or. that
=•
portion of said i.rl~pravem~~nt: work serv_ng any buil.di.ngs or structures
read: for occupancy ...n said subdyvision prior to the issuan.^,e of any
CP_.+_°ti.f~_CCatP_. Of C:lE'-ar~.nC'E'_ fOr Llt._1.Yty COnnP_C:t10riS t0 file Scan D1egC GdS
and Electric Company for said buil_d~n~s or structures in said subdiv;.sion,
and such. certif__ca.te shall not be issued un-tz1 the CLty Engineer has
cert.irieca. yn ;rrr:it~ng i='r~~. complet:~on Of sa.i.d p~a.blic improvements or the_
pr-ot~_on the.i:eof serv ang Said bui l.d__ngs or structures G.pproved by the
City, provided., ho~,vever, that the improvement security shall not be
reel+alred to c~:,t,ex. file prov~_s~.ons or this paragraph, and
It is a1_so understood and herein expressly agreed to by
S~zbd?.v :der that irT the perfoYmanc~~ of said work, Subdivider w:~ll con-
form to a_ncl abide by dl1 of file provis~o?ls or. the ordinances of the
City of Chula ~'s eta, file ~o~~e oi~ the C1ty of Chula Vista, and the
1_aws Oz the eta+~e of ~:aiifornl.a ai7pltcabl.e to said work.
Subd..vicle _- further ac;rees that sirrrlltaneously with the
ext.cutlon of t}-__ s a~x:er:rlien~, =t will uYn:_sh and deJ_lver to C.z_ty an
approvec'_ improvo:r~_`~t sec.;r=ty .;_r. t?le su.m of ONF. HUNDRED AND EIGHTEEN
THOUSAND, THREE ~IUI~IDRED AND THIRTY--NINE DOLLARS....... ($ 118, 339.00 ) ,
wh~_ch s~.our_:~ty shi 1. ~;uaranLee the faithful per:~orrnance o.z: this contract
by Subd. i ~J~dE~:c and ~ s a t-_taehc-d 'ne r: eT c), .n~~.rked "Exhibit C" arld made a part
hf~re~~,f : .
jU,bdl_Vi 't'.I" + ~ ~ r.~"'~:. c~ i cc~ `l.t-iat S1_t'~.UltanE'.0~1S.Ly witil tale
C_XE'_OLILa.O~~l C'r th7__, dv1'E;~::I~:.`It", _.. ~~~:!.1.~. lUi:illSl; 1:1d i~e11V"E`r t0 Clty an
~~pT"OVc ~~~ a ipt~'CV ~.rJ.ell ~ S:>'";UY -..'~ V ; n the :iUtii O~
TP10 THOUSAND, GNE HU~dDRED DOLLAR`; ..................... (~ 2, 100.00 1
o sec~,rc, the ~r~s+~ail~~.tlon of .!ionument zah~ch ;zec;.)rzty is u~ttached
hereto m~~r.!«, ,`. +-
~;*;hl ~~t i~' ur.d :!i.-,dF~ a p~r~_ h_ereof .
It i ~ iurt.hF r ar cec; that if the public i_r;-,prove~aent~ are
ri'Jt CC '.lipiE't_:_.EL + l ~li.irl ~i r. :1T!`' ct~re~ C'1 here?..n, tl"1^ SUmS pYC)G'LdEd by
s.~ld ~ni,;r_'o~ ~~m~;~nt. secu.i: ~_r_y~1i.;y be usE>d by Ca.ty for .the completion of
thr-, public )_Ilipr_ovc~,re~.-s wlthlrl :,-1rd ~ubclivi_s~on ir. accordance with
S~)°~Cl.f'iCcL1021S COr?~,=.~i!_li'ii I"!::?-El.n-
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Form No. 410
Page 3
Upon certlf i c~at~on of cornr.letioil by said City Engineer and
accE~~pf:ar~cc~ of sa_i_c~l worti: by Citj~r and after cert.. f ~_cation of the Finance
Officer ttlat. all costs ti~et:c~of are f~?_1.1.y pa?_a, the Whole amount, or
any balance of said suiTf nct regLired for_ pa~~,~ment thereof , may be
released to S~.ibdivider, or. its successors in interest ~>u.rsuant to
the terms of the impro~,rernent security,
It is also e*:pressly agreed and ulderstood b_y the parties
to this agreement that. in no case ~-gill the City of Chula Vista or any
department, board or offi_cer_ 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 payment of any sum or sums for
the above-mentiolled work or any mater. ials f ur.n fished therefor , except
to the l~_nI i_ts established by the approved improvement security in
accordance with the requirements of the Subdivision .~1ap Act of the
State of Cali.for_nia and the provisions of Chapter 28 of the Chula
Vista City Code.
It i.s fur_ther understood and agreed by Subdivider that
an.y engineering costs (i_ncluding plan checking, inspection, materials
furnisried and other incidental expenses) incurred by the City in
connection with the approval of the improvement plans a.rd the
installation of the public improven:ients hereinabove provided for,
and the cos- of street signs and street trees as required by the
City and approved by the City Engineer sha1.1_ be paid by the Sub-
divider and that Subdivider shall have deposited with the City a
sum cf 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. quar_antee 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 om=~ssons of the Subdivider, hi.s agents or employees
in the performance of this agreement.
That upon acceptance of the work on behalf of the City,
the Subdivider sha11_ grant to the City by appropriate conveyance
the improvements constructed pursuant to this agreement, pr.ovlded,
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 cr
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 ar.d employees from any and all claims, demands, causes of
action, llab~lity or loss of any sort, because of or aris.irg cut
of the acts or o.m~_ssior.s of_ Subdivider, hi.s 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 th~_s paragraph. Said a:demnrfi~aton and agreement
to hold harmless shall extend to damages or taking of property
resulting from the con.structi_on of said subdivision and the public
improvements as provided herein to adjacent property owners as
a consequence of the divE~r..sion of waters in the construction and
maintenance of dra.~ naoe systems and the approval of_ C~_ty of the
i.mprevement: plans as submitted by the. Subdivi.d~:r shall not
corlsti~~uLe the assu-npt_.ior~ '/~; the City of anv responslbllity for
suc~: da Irac~c~ or td:;irl:; nor sha:l 1 City , by said approval, be an
insure, or surety for the construct~.an of the subdivision pursuant
to sa_,_{' ar:nroved i_mpro~.~ement plan.
-3-
Form No . 4 7.0
Page a
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 hav;_ng affixE~d thereto the signature of the Mayor of said
City, acting under and pursuant to I:eso.].utior. No. 4804 of the City
Council of the Clty of Chula Vista, and Subdivider has caused this
agreement to be executed, as duly authorized, the day and year first
hereinabove ~aritten.
THE CITY OF CIIULA VISTA
_ ~ `~~ ~~ G~L~ ,
Mayor -~
SUBDIVIDER, LES CHATEAUX, :gin 1~mited
partnership; by AMERICAN IIC•~JSIi1~ GUITaD;
by STAN DEVELOPMI~:NT CO.
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Harvey Furg c , ecretary
Improvement Completion
Date:
Improvement Securities for
Subdivision Improvements:
Form: L/C, 5-29-68, Guild 1~Sortgage Co.
Amount: $118,339.00
Monuments:
Form: L/C, 5-29-68, Guild Mortgage Co.
Amount: $2,100.00
Approved as to form by
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GUIL D M ORTGAG E CO
3 2 4 7 M I S S I O N V I L L A G E D R I V E
S A N D I E G O, C A L I F O R N I A 9 2 1 2 3
2 7 7- 8 8 1 1
May 29, 1968
The City of Chula Vista
Civic Center
276 Guava Avenue
Chula Vista, California
Gentlemen;
We hereby establish our irrevocable Letter of Credit in your favor for
the account of LES CHATEAUX, by: American Housing Guild-San Diego, by:
Stan Development Co. for an amount not to exceed in aggregate $118,339.00
which amount shall be designated by the City of Chula Vista as an improve-
ment security for the following purposes:
A. Improvement security given for the faithful performance
that certain agreement by and between the City of Chula
Vista and LES CHATEAUX in the sum of $59,169.50 being
fifty percent (5090) of the total estimated cost of the
improvements plus ten percent (10~) contingency. Said
amount is available for payment as stipulated herein.
i. For payments of invoices signed by contractor cover-
ing subdivision improvements in and adjacent to FLAIR
UNIT N0. 3. Said invoices must be approved for payment
by LES CHATEAUX and the payment of these invoices so
approved will be made as follows:
a. 90% of the amount of the work certified to
have been completed by the City Engineer as
described under Item 1. a. (2) below will be paid
provided the contractor's invoices approved as
stated above are accompanied by:
(1) Contractor's lien releases, and
(2) Certificate of Acceptance issued by the
City Engineer certifying the completion and
acceptance of the work covered by said invoice.
This Certificate of Acceptance does not constitute
approval or acceptance by the City Council of the
City of Chula Vista of the work done.
(continued)
State of CALI FORNI A
County of SAN DIEGO ss.
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On ._._.__. ~V.ne_..6:._,~.~68...._._....,... _, before me, the under
° signed, a Notary Public in and for said County and State, personally ap
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° ° be the .-..-...-.._.. President, and..._.....HarVey FurgatCh
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'" ~ known to me to be the
- ;, .......................... Secretary of the
r corporation that executed the within instrument and known to me to be
~ o'
3 " the persons who executed the within instrument on behalf of said corpora-
zo
i<nn, said corporation bQing known to me to be a general partner of
o ° r,.
F -::........Les....Ch.a.t.eaux.__......._.._..... - -_....._.._...._ ..............._.,
~ a partnership, the partnership that executed the within instrument, and
m ~ afknowledged to me that such corporation executed the same as such
3 :. p~rriner and that such partnership executed the same.
,~ ,,' M~TNESS my hand.and f 'cial seal.
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May 29, 1968
Page 2
Letter of Credit
Flair Unit No. 3
b. The remaining unpaid balance of the value of the work
completed, as certified by the City Engineer, by the
Certificates of Acceptance presented to us, together with
invoices and contractor's lien releases as specified above,
which balance is 10% of the amount of the work completed,
as certified by the City Engineer, plus lOq contingency,
will be paid to contractor when the GUILD MORTGAGE CO.
receives, in addition to the documents requested above, a
certified copy of the resolution of the Council of the City
of Chula Vista by which the City of Chula Vista accepts the
work covered by all of said invoices; provided, however, that
the amount available under this credit has not been previously
exhausted by payment in full to the City of Chula Vista es
stipulated under Item 2 of this Letter of Credit has expired.
2. Payment in full to the City of Chula Vista of all the funds then
remaining unpaid under this Letter of Credit upon receipt of a letter
from the City of Chula Vista addressed to Guild Mortgage Company
stating that the work has not been performed as agreed, and accompanied
by the resolution of default adopted by the Council of the City of
Chula Vista, to be used in an amount as required by the City of Chula
Vista to satisfactorily complete the improvements as agreed.
13. Improvement security securing the payment to the Contractor, his sub-
contractor and to persons renting equipment or furnishing labor or materials
in the sum of $59,169.50, being fifty percent (50~) of the estimated cost
of the improvements. Said amount may, six months after the completion and
acceptance of the work, be reduced to an amount not less than the total of
all claims on which an action has been filed and notice thereof given in
writing to the City of Chula Vista, provided further that if there are no
actions filed, said amount may be released in full at the termination of
said six month period.
This special Letter of Credit expires (6 months from date of completion and
acceptance of improvements, which would be January 15, 1969 )unless
previously exhausted by payments as provided herein. We hereby agree to make
payments as specified above provided you deliver to us on or before
_ January 15, 1969 the documents complying with the above stipulated
terms and conditions.
Very truly yours,
1 GUILD MORTGAGE COMPANY
By:
Harvey Furga ch, V ce President
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State of CALI FORNI A
County of SAN D (EGO ~ SS.
on dune 3, 1968
before me, the undersigned, a Notary Public in and
for _______.__$~n__D.le.gp________ ______County, California,
personally appeared
Harvey Furgatch
known to me to be the_______.ui_C8_..___.President, and
known to me to be the____________________________Secretary of
the corporation that executed the within instrument,
Rnd known to me to be the persons who executed the
within instrument on behalf of the corporation therein
named, and acknowledged to me that such corpora-
tion executed the within instrument pursuant to its
`- ~'-Laws or a Resolution of its Board of Directors.
bGITNESS my hand and oft'cial seal.
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GUIL D M ORTGAG E CO.
3 2 4 7 M I S S I O N V I L L A G E D R I V E
S A N D I E G O, C A L I F O R N I A 9 2 7 2 3
2 7 7- 8 8 1 1
May 29, 1968
City of Chula Vista
Civic Center
276 Guava Avenue
Chula Vista, California
Gentlemen:
This corporation is legally constituted corporation, organized and
existing under and by virture of the laws of the State of Calif ornia.
In accordance with the requirements of pledge monies as provided by
California Business and Professions Code Section 11612, this corpor-
ation certifies that there are funds available in the amount of
$2,100.00 which is to be used only for the purpose of setting survey
monuments in and pertinent to FLAIR UNIT N0. 3, a subdivision located
in the City of Chula Vista, County of San Diego, State of California.
Guild Mortgage Co. hereby represents and certifies that it is a
financial institution subject to regulations by the State or Federal
Government within the purview and meaning of Business and Professions
Code Section 11612.
Guild Mortgage Co. hereby agrees and guarantees to disburse such funds
on behalf of the aforementioned setting survey monuments and for no
other purpose and should such eventuality occur, as the installation
of survey monuments not being completed within twelve (12) months from
this date, such funds remaining are to be paid to those completing the
aforementioned work as determined by the City of Chula Vista or their
designees.
This instrument is furnished pursuant to an agreement between FLAIR
UNIT N0. 3 and the City of Chula Vista, relative to the installation
of survey monuments as shown on the Subdivision Map on file in your
City Engineer's Office, as approved by the City Engineer and the Council
of the City of Chula Vista.
Very truly yours,
GUILD MORTGAGE CO.
BY•
• HARVEY FUR TCH Vice President
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State of CAL I FORN (A
County of SAN DIEGO t SS.
on June 3, 1968 r
before me, the undersigned, a Notary Public in and
for --__----San-_DI_egc,------------------Count
y, California,
personally appeared
Harvey F~trgatch
known to me to be the-__-_V-~ Ccc------_ --president, and
known to me to be the_____________________ --_,-Secretary of
the corporation that executed the within instrument,
and known to me to be the persons who executed the
within instrument on behalf of the corporation therein
named, and acknowledged to me that such corpora-
#ion executed the within instrument pursuant to its
Jsy-Laws or a Resolution of its Board of Directors.
"WITNESS my ha~and fticial seal.,„-
f!Seall ...
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