HomeMy WebLinkAboutReso 1966-4238,, .
Form No. 352
RESOLUTION N0. 4238
' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
FLAIR ANNEX SUBDIVISION, UNIT NO. 1
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 par-cnership;
by; NASH ASSOCIATES, by; NORTON DEVELOPMENT CO.
dated the 22nd day of November 19 66 for the
completion of improvements in the subdivision known as
Flair Annex Subdivision, Unit No. 1
a copy of which is attached hereto and by this reference made a part
hereof, 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 Cole, City Engineer
Approved as to form by
George D Lindberg, City At ney
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ADG~'~'ED "_~~D APPRGFJF,D by _h, CITY CGt7NCI1: ~f the Cy~Y GF CHiJLA V1STh,
CALFGRNIA, this _22nd~ day of ~- November ~~r ig66 y ~,~y the. tollo*.aing vote,
to-wit ~,:
AYES° Councilmen Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES ~ Cocznci 1mer: None
ABSENTo Co~zncilmen None
~•''_~
,~ ~ ~ ~Q
_ayor of the "ty of China Vista
ATTEST ~~ ~-.-~--~C~~ K .~ca.c.c~.. L'~~=-E~`" ",
City Clerk
STATE OF CALIFO~RN IA j
CGUNTY GF SAN D1EGG i ~s.
C 1TY OF CHUT~A ~ TSTA y
I, KENNETH. P, Ct'~'~1E'3rL~, City Clerk of tl-,e City of Chula Vista, CaliforrLia,
DO HEREBY CERTIFY that the abo~~e a.r.d £ore~o%ng is a fu.l1, true a.nd. correct copy of
and that the same ha.s not been amended
or repealed.
DATED°;
City C~Lerk
CC-652
~ ya3 g
Form No. 410
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2~^d day
of ~(ovP~~rr , 1966 , by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City," and LES CHATEAUX,
in limited partnership; by; NASH ASSOCIATES, by; NORTON DEVELOPMENT CO.
3247 Mission Village Drive, San Diego, California, 92123
hereinafter called "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-
division map of a proposed subdivision to be known as
FLAIR ANNEX SUBDIVISION, UNIT N0. 1
pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Chapter 28 of the
Chula Vista City Code relating to the filing, approval and recordation
of subdivision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
either 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
Council for .purpose of recording in the Office of the County Recorder
of San Diego County, or as an alternative thereof, that Subdivider
shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work 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 said subdivision within a definite period of time prescribed by
said Council, and
WHEREAS, 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 own expense, all the public improvement work
required by City in connection with the proposed subdivision and
will deliver to City an improvement security as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has hereto-
fore been approved, subject to certain requirements and conditions
contained in Resolution No. 4234 approved on the 8th day of
November 19 66, and
WHEREAS, complete plans and specifications for the construc-
tion, installation and completion of said public improvement work have
been prepared, submitted and approved by the City Engineer as shown on
Drawing No. 66-74L on file in the office of the City
Engineer of the City of Chula Vista, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted, and approved by the City, in the amount of EIGHT
THOUSAND, ONE HUNDRED AND SIXTY-SIX AND NO/100 DOLLARS ($8,166.00 ),
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Form No. 410
Page 2
to which ten percent ~;100~ thereof has been added, which estimate is
attached hereto marked "Exhibit A" and made a part hereof, and
WHEREAS, the estimated cost as approved by the City for the
installation of ai.l monuments is attached hereto, marked "Exhibit B"
and made a part h.ereof®
FOLLOWS:
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED A.S
To 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 and/or land development
work required to be done in and adjoining said subdivision; and will
furnish the necessary materials therefor, all in strict conformity and
in accordance with the plans and specifications, which 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 acceptance of the required improvements, and that Subdivider has
installed or will install temporary street name signs if permanent
street name signs have not been installed.
It ~..s 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 anniversary date of the recordation of the map of said si~.b-
division or,
whichever is the earlier
It is expressly understood and agreed that the subdivider ~
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,
a.nd such certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements or the
pootion 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, and
It is also understood and herein expressly agreed to by
Subdivider that in 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 Vista, and the
]_aws of the State of California applicable to said work.
Subdivider further agrees that simultaneously with the
execution of this agreement, it will furnish and deliver to City an
approved improvement security in the sum of EIGHT THOUSAND, ONE
'A' HUNDRED SIXTY-SIX AND NO/100 ........................($ 8,166.00 ~,
~ which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked "Exhibit C°' and made a part
hereofo
Subdi `der further grees th simulta ously wi the
execution of is agreemen it will urnish a deliver o City an
approved im ovement sec ity in e sum of
C$ ) ,
to sec .e the inst ation of onuments, which sec ity is attached
her o, marked ~ hibit D" d made a art hereo .
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 %mprovements within said subdivision in accordance with
specifications contained herein. ,~i [~~ .~
certification of completion
Form No. 410
Page 4
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 having affixed thereto the signature of the Mayor of said
City, acting under and pursuant to Resolution No. 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.
Improvement Completion
Date: November 22, 1967
Improvement Securities for
Subdivision Improvements:
Form: L/C - Guardian Mortgage Co.
Amount: $8,166.00
Form: N/A
Amount: N/A
Approved as to form by
City Attorney
THE CITY OF CHULA VISTA
-~~(.C -
• ~. Mayo
SUBDIVIDER
LES CHATEAUX, in limited partnership
BY: HASH ASSOCIATES,
BY NORTON DEVELOPMENT CO.
Harvey Furga ch, cretary
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Date 1Jovember 22, 1966
The City of Chula Vista
Civic Center
276 Guava Avenue
Chula Vista, California
Gentlemen:
1Je hereby establish our irrevocable Letter of Credit in your favor for the
account of LES C.-iATERUX for an amount not to exceed in aggregate $8,156.00
which amount shall be designated by the City of Chula Vista as an improve-
ment security for tiie following purposes:
P.. improvement security given for the faithful performarce
of ghat certain agreement by and between the City of
Chula Vista and LES CHATEAUX in the sum of $4,45+.00
being fifty percent (50%) of the total estimated cost
of the improvements plus ten percent (10%) contingency.
f' Said amount is available for payment as stipulated herein.
s
1. for payments of invoices signed by contractor
covering subdivision improvements in and adjacent
to FLAIR A.t~;idEX. Said invoices must be approved
for payment by LES CHATEAUX and tie payment of
these invoices so approved will be made as
follows:
a. g0% 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. consti-
tute approval or acceptance by the Council of
the City of Ch~.~la Vista of the work done.
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 con ractor's,lien releases,
as specified above, wi~ich balance is 10°~ of the amount
of tine work completed, as certified by the City Engineer,
plus 10% cost contingency, will be paid to contractor
wren Guardian ilortgage 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 as stipulated under Item 2, of
this Letter of Credit has expired.
2. ?ayment 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 Guardian Pr~orfigage Co.
17 l 172Q
stating that the work has not been performed as agreed, and
accompanied by the resoujtion of default adopted by the
Council of the City of Chula ~lista, to be used in an. amount
as required by the City of Chula itista to satisfactorily
complete the improvements as agreed.
B. Improvement security securirxd the payment to the Contractor, his sub-
con.tractor and to persons renting equipment or furnishing labor or materials
in the sum of $3,712.00, 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 or' Credit expires May 22, 1868 unless previously exhausted
by payment in full of the amount available under Item A, of this credit, as
provided under Item 1 or Item 2 above in the aggregate sum of $$4,4$4.00.
4~e hereby agree to make payment as specified above, provided you deliver to
us, on or before May 22, 1868, the documents complying with the above stipu-
lated terms and conditions.
Very truly yours,
GUARDIAN MORTGAGE CO.
~~ ;. r
BY
THEODORE KA.PLAN, Secretary
$tefe 0} CALL FORNI A
COUnfy Of SAPJ DIEGO ~ SS.
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g on .........November 22 i 966
...............................a.........-..............., before me, the under-
o signed, a Notary Public in and for said County and State, personally ap•
w Peared ................................................... ................._........., known to me to
~'o Theodore Ka lan
be the ................ President, and.. ...................................P........................-,
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"_ : known to me to be the .............................................. Secretary of the
o corporation that executed the within instrument and known to me to be
s "' the persons who executed the within instrument on behalf of said corpora-
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a ~, lion, said corporation being known to me fo be a oeneral partner of
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a £ ...................Gu.ar.d.i..an....Mor...t.g,age.---Co..........._.._.............. -•
~ a partnership, the partnership that executed the within instrument, and ~
W
m =' acknowledged to me that such corporation ezecuted the same as such
~ o Danner and that such partnership ezecuted the same.
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Wli~a~d ~ real seal / /~
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Y commission Ezpir~~ri(q ~~~b ~~~
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i (Seal) ~ HELEN A. KcNT C
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P
F NOTARY PUBLIC - CALlFORNI~.
_ ~ 6 / PRINCIPAL OFFfCE IN
Q \,~~ / SAN DIEGG CCUNTY
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