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HomeMy WebLinkAboutReso 1967-4475• ~ - - Form No. 342 RESOLUTION N0. 4475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LES CHATEAUX, IN LIMITID PARTNERSHIP, BY HASH ASSOCIATES; BY NORTON DEVELOPMENT COMPANY, FOR THE INSTALLATION OF SLOPE PLANTING IN FLAIR SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and LES CHATEAUX, in limited partnership, by NASH ASSOCIATES; by NORTON DEVELOPMENT COMPANY, to install slope planting in Flair Subdivision, dated the 17t;~ day of t~iay , 196? 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 II' FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he Ls hereby authorized and directed to exF~cate said agreement ~cr and cn behalf of said City. Presented by / ,~/~.. Bruce H. Warren, Director of Planning Approved as to form by George D. ndberg, City Attorney -1- ADOPTED AP,?D APPROVED by the CITY COLS?CIL of the CITY nF CEULA j~ISI't~ CALIFORNIA., this 5th day of July 1g 67 s , by the following vote, to-wit: AYES: Councilmen Sparling, Sylvester, Anderson, McCorquodale, McAllister 1`:AYES: Councilmen None ._ ABSENT; Councilmen None e_ . yor of th ~ it y of China V~_s ATTEST '' ~,~' ,~~ ~~.~/.•`~ Ci ty Clerk ~~ STATE OF CALIFORNIA ) COUNTY OF SAT1 DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P, CAMPBELL, City Clerk of the City of Chula Vista, Ca.]_itocnia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy>~,r and that the same has not been amended or repealed. DATED: City Clerk ~~ AGREEMENT TO INSTALL SLOPE PLANTING ADJACENT TO UNITS 1, 2, 4, AND 6 OF FLAIR SUBDIVISION THIS AGREEMENT, made and entered into this 17th day of May , 1967, by and between THE CITY OF CHULA VISTA, a municipal corporation, here- inafter called "City", and LES CHATEAUX, in limited partnership, by NASH ASSOCIATES; by NORTON DEVELOPMENT CO., hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, City has heretofore approved a tentative map for that certain subdivision known as FLAIR SUBDIVISION, and WHEREAS, as a condition of the approval of said tentative map and the granting of a variance to reduce lot sizes, Subdivider agreed to dedicate certain canyon properties to the City of Chula Vista for use as open-space and park lands, and Subdivider further agreed to landscape the slopes adjacent to the subdivision on that property so dedicated to City, in accordance with plans and specifications to be agreed upon between City and subdivider, and WHEREAS, Subdivider is about to present a final subdivision map for Unit 2 of said subdivision known as Flair Subdivision to the City Council of the City of Chula Vista for approval, and WHEREAS, City and Subdivider have agreed to a planting and landscaping program and the installation of an irrigation system adjacent to said Units 1, 2, 4, and 6 of Flair Subdivision, and the provision of an 18" level path adjacent to Units 2, 4 and 6, and WHEREAS, the Parks and Recreation Commission has approved the plans and specifications as agreed upon by the City Engineer and the Subdivider. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties here- to as follows: 1. Subdivider, LES CHATEAUX, in limited partnership, does hereby agree to install planting and landscaping and an irrigation system on those slopes adjacent to Units 1 and 2, all in accordance with plans and specifications on - file in the Office of the City Engineer on or before the time of presentation :~_. and approval of the final subdivision map of Unit No. 4 0~ said Flair Sub- . division, or within one (1) year from the date of execution of this agreement, whichever is the earlier. Subdivider understands, pursuant to this agreement, that the City will not accept any further final maps foz units i,n sa~,d Flair Subdivision unless and until said planting and landscaping has been accomplished in accordance with said plans and specifications. 2. Subdivider agrees to submit, concurrent with the execution of this agreement, a letter of credit in a form approved by the City Attorney, to guarantee the installation of said planting and landscaping in the amount of $3,200.00. 3. Subdivider further agrees that he will complete the installation of the landscaping adjacent to Unit No. 4 of said subdivision in accordance with the same terms set forth hereinabove, and will provide a letter of credit in the amount of $4,000.00 to insure the completion of said landscaping and installation of an irrigation system. The work of installing said landscaping shall be completed on or before the presentation and approval of any further final subdivision maps of any units after acceptance of Unit No. 4, or within fov.e ..~wv-(z~-}-years from the date of execution of this agreement, whichever is ~y) earlier. -1- 4. Subdivider further agrees that he will complete the installation of the landscaping adjacent to Unit No. 6 of said subdivision in accordance with the same terms set forth hereinabove, and will provide a letter of credit in the amount of $6,000.00 to insure the completion of said landscaping and installation of an irrigation system. The work of installing said landscaping adjacent to Unit No. 6 shall be completed on or before March 14, ~J?0; which lc~~•2 date coincides with the time set forth in a previous agreement whereby the City will dedicate the property for park purposes. 5. Subdivider agrees to fully and properly maintain said planting and landscaping for a period of ninety (90) days after installation, at the termination of which time City shall assume full responsibility for said planting and landscaping if, at such time, the condition of the landscaping is satisfactory to City. If the condition of said landscaping is not satis- factory, the City may elect to correct any deficiencies, utilizing any portion of the amount pledged in the letter of credit to insure that the landscaping properly conforms to the approved plans and specifications. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove set forth. THE ~P OF CHULA VISTA ~~ ~ Mayor SUBDIVIDER: LES CHATEAUX, in limited partnership; by NASH ASSOCIATES, by NORTON DEVELOPMENT CO. Security: ~.: Harv y Fu tch, Secretary Form: Letters of Credit AMOUNTS: $3,200.00, $4,000.00 and $6,000.00 Approved as to form by s~ George D. ndberg, City Attorney -2- June 30, 1967 The City of Chins. Vista. 276 Guava Avenue Chula Vista., California Gentlemen: Y'e hereby establish our irrevocable letter of credit in your favor in the amount of X6,000.00, which amount is designated as an improvement security for faithful per.t'orrnance of that certain agreerient between THI?, CITY OF CHULA VIS'L'A and LES CHATEAUX, in limited. partnership, guaranteeing the in.sta_J_lation of an irrigation system on the slopos adjacent to Unit No. 6 of that certain subdivision lcuown as Fl~~ir Subdivision. payment in. full of said amount, or that portion of saj_d amount required to complete the improvements, sha.11 be made to the City of Chula Vista upon receipt of. 2 letter from said City addressed to GUILD iiORTGAGL' CO[APANY st~~.ting that the ti:ork has not been performed as agreed and accompanied by the resolution of default adopted. by the Councj_1 of the City of Chula Vista., to be used as required to satisfactorily complete the improve- . rnents as agreed upon, This special letter of credit e~piresMarch 1/x,1972. We hereby agree to make payment as specified above, provided ycu deliver to us, on or before March 1/~, 1972 the doctunents complying wit;h the above stipulated terms and conditions. GUILD MORTGAGE COI9PAPdY BY _ Harvey Furg ch, ce President June 30, 1967 The City of Chins. vista ^_76 Guava Avenue Chula Vista., California Gentlemen: l~~e hereby establish our irrevocable letter of credit in your favor in the amount of 000.00, wltich amount is designated as an improvement security for faithful performance of that certain agreement between THE CITY OF CHULA VISTA and LES CI-IATEAUX, in limited partnership, guarantE>ei_ng the in.staJ__lation of an irrigation system on the slopes adjacent to Unit P1o. /~ of that certain subdivision known as Flair Subdivision. Payment in full of said a.motint, er that portion of said amotult required to complete the improvements, shall be made to the City of Chu]_a Vista. upon receipt of a letter from said City addressed to GUILD P10RTGAGE CO1~IPANY stating that the t~.ork has not been performed as agreed and acco»~panied by the resolution of default adopted. by the Counci_1 of the City of Chula Vista., to be used as required to sa.tisfact.ori.ly complete the improve- iiients as agreed upon. This special letter of credit exl~ire~ July 1, 1971 lae hereby agree to make payment as snecifi_ed above, provir.ed ycu deliver to us, on or before July 1, 1971 the doctunents complying Frith the above stipulated terms and conditions. GTJILD t~i0RTG1~GE C014PANY BY Harvey Furg tch, ice President ~. ~~ ~, ~p~t~ Gtst June 30, 1967 The City of Chub. Vista 776 Guava Avenue Chula Vista, California Gentlemen: i~'e hereby establish our irrevocable letter of credit in your. favor in the amount of 3 200.00, which amount is designated as an improvement security for faithful performance of that certain agreement between THF, CITY OF CHULA VISTA and LES CI-IATEAUX, in limited partnership, guaranteeing the installation of an irrigation system on the slopes adjacent to Units Nos. 1 and 2 of that certain subdivision known as Flair Subdivision. Payment in full of said amount, or that portion of said amount required to complete the improvements, shall be made to the City of Chula Vista upon receipt of a letter from said City 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 as required to satisfactorily complete the improve- ments as agreed upon. This special letter of credit expires July 1, 1968. We hereby agree to make payment as specified above, provided you deliver ~~ to us, on or before July 1, 1968 the documents complying with the above stipulated terms and conditions. GUILD MORTGAGE COMPANY BY Har ey Fur tch, ice President K~~_ v, ~"f ~~ ~~r~;