HomeMy WebLinkAboutReso 1967-4353Form No. 352
RESOLUTION NO. 4353
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
FLAIR 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 partnership,
by Nash Associates; by Norton Development Company.
dated the 12th day of January 1967 for the
completion of improvements in the subdivision known as
Flair 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 F. Cole, Dire or of Public Works
Approved as to form by
George D, indberg, City Attor
-1-
AiSOP~E3 r~ND APPP.OzJF;D by "Y~~~ CITY CJUNCII.: of the ':LSY C'F C~1~Jl~A VISTn,
CAL--rFGRN~A, this __ 14th day of _~__~. Marchw~~ 1967 by the. r:>llo?ai_ng vote,
t0-WZt
AYES; Councilmen _Sparling, Sylvester, Anderson McAllister, McCorguodale
NAPES ~ Cotiznci linen None
ABSENT ~ C oiznc i linen None
ATTEST ~' Q.,.,~ ~4<_ r
City Clerk
STATE OF CAZ IFORN L~, )
COUNTY OF SAN DIEGO ;, ss .
G1TY OF CHULA G?STA i
r / -
~ayoz of the City of Chula Vista
I, KENT~TH ?. C:i.'~lE;3EL~, City Cierc of the City of Chula Vista, Califor.r~ia,
DO HEREBY CERTIFY that the abo~~e and f~aYe~oi.ng is a Full, true .nd. corre.ct copy of
and that ttse same ras nat been amended
or repelled.
DATED::
City Clerk
CC-652
U 3 ur3
' C R A F T S M E N
L E S C H A
W I T H I M A G I N A T I O N
Januar~r, 12, 1967
T E A U X
A N D I N T E G R I T Y'
City of Chula Vista
Civic Center
276 Guava Avenue
Chula Vista, California
Attention: City Attorney's Office
Re: Flair Unit No. 1
Gentlemen"
Enclosed are the folloa-ing for the subject unit:
Letter of Credit
Letter for setting monuments
Subdivision Improvement Agreement
Very truly yours,
LES CHATEAUX
by: Nash Associates
by: Norton Development Co.
B. Friedman
Administrative Manager
BF/rk
Enr .
3 2 4 7 MISSION VILLAGE DRIVE / SAN DIEGO CALIFORNIA 9 2 1 2 3 / 2 7 7- 8 8 1 1
Form No. 410
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 12th day
of January , 1967 , 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 UNIT NO. 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. 4165 approved on the 9th day of
August 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. 66-78L thru 66-81L 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 FIFTY-
EIGHT THOUSAND, TWO HUNDRED EIGHTY-SEVEN AND NO/100... ($58,287.00).
-1-
Form No, 41G
Page 2
to which ter. percent ci0~; thereof Peas 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 all monuments is attached. hereto, marked "Exhibit B"
and made a part hereof.
FOLLOWS:
NOW, 'T'HEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
To comply with a.ll 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,lor land development
work required to be done~n and adjoining said subdivision; and will
furnish the necessary materials therefor, all. ir. 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 t'rris
reference are incorporated herein ar:d 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 t:he row fired improvements, and that Subdivider has
installed or will install temporary street name signs if permanent
street r..ame signs have not been installed.
It 1_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 anniver:,:ary date of the recordation of the map of said su.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 a.ny 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 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 t~• cover the provisions of this paragraph, and
.Lt is also understood ar_d herein expressly agreed to by
' Subdivider t1_~at in the performance of said work, Subdivider will con-
e 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
Laws o= 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 ti.e sum of SIXTY-FOUR THOUSAND,
ONE HUNDRED SIXTEEN AND NO/100 ................ ... x$64,116.00 1,
which security shall guarantee the .faithful performance of this contract
by Subdivider and is attached hereto, marked "Exhibit C" and made a part
hereof.
Subdivider further agrees that simultaneously with the
execution. of this agreement, it will furr!ish and deliver to City an
approved improvement recur'=ty in the sum of
ONE THOUSAND, FIVE HUNDRED DOLLARS ................... ($ 1,500.00 j,
to secure the installation of monume_^.ts, which security is attached
hereto, marked. "Exhibit D" and made a part hereof.
It is further agreed that ~f 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 improvements within said subdivision in accordance with
specifications contained herein, ~_ 5/3~ ,g
Form No. 410
Page 3
Upon certification of completion by said City Engineer 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.
It i.s 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 any officer, or his
sureties or bondsmen be liable for the payment of any sum or sums for
the above-mentioned work o.r 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
any engineering costs (including plan checking, inspection, materials
furnished 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 cosh of street signs and street trees as required by the
City and approved by the City Engineer shall be paid by the Sub-
divider 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 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 during said period as a result
of the acts or omissions of the Subdivider, his agents or employees
in the performance of this agreement.
That 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 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 Subdivider, 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 ademnification and agreement
to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein to adjacent property owners as
a consequence of the diversion of waters in the construction and
maintenance of drainage systems and the approval of City of the
improvement plans as submitted by the Subdivider shall not
constitute the assumption by the City of any responsibility for
such damage or taking nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant
to said approved improvement plan.
-3- ;~' - ~~ ~ .~
vii<< ivv. ~slv
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. 4353 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 CITY OF CHULA VISTA
-~ f,~l' ~ rt ~~ ~l~~r l;i
ayo '
SUBDIVIDER LES CHATEAUX, in limited
partnersh' y; Nash Associates,
by• on ve o:
/~` ~ arts n c r r n
L
Harvey Furg h, cretary
Improvement Completion
Date:
Improvement Securities for
Subdivision Improvements:
Form: L/C - Guardian Mortgage Co. $64,116.00, dated 1-9-67
Amount: $64,116.00
Monuments:
Form: L/C - Guardian Mortgage Co. - 1-9-67
Amount: $1,500.00
Approved as to form by
City, Attorney
State of CALIFORNIA.
County of SAti DIEGO SS' Stafe of CALIFORNIA l
County of SAN DIEGO `ss
On ........._~anuary 12, 1967 before me, the under- O
signed, a Notary Public in and far said County and State, personally ap• ~ Qn...-. March 1 0 , 1967
__ _ - _. __ _...._____., 19- --_., before me,
geared ..._.._Mart_i_n L,.__Gleieh--__.. ,known to me to a the undersigned, a Notary Public in and for said County and State, personally
be the. ...... President, and Harvey Furgateh w~ appeared. -_ .........__ _........
known to me to be the ......_.. ...... .._..... Secretary of the o~ ._...._...__. --.__.__. ---_._....__.-~ ..___....
corporation that executed the within instrument and known to me to be =u ono ro m c be the. _. _._. _ Presidert, and
3Z _._Theodore Kaplan
the persons who executed the within instrument on behalf of said corpora ~
<~ ~ r lov r fa !^e robe the. a Y
Lion, said corporation being known to me to be a general partner of rZ the torpor, n t..ar e$eC dehe withi~TreaSUrer _ ~~~y~ of
.._....._............HASH..-AS.S.QG.1.~1T.E.S......-._..___...._..._........, ~he persons who ezecufed the within , instrument, and known to pe to be
a partnership, the partnership that executed the within instrument, and ~ ~' ~ 'nstrument on behalf of the cor oration
_~ ~ therein named, and acknowledged to me that such corporation ezecufed the
acknowledged to me that such corporation executed the same as such aF~ vnfhln instrument pursuant to ifs Bylaws or a Resolution of its Board of
partner and that such partnership executed the same. oo Directors. "? ~'' ;~, KENT
WITNESS my hand and official seal. ~ WITNESS mf and and offici s a Fxm*es ze,?(1.:;n
~~~~~~ IsEau
o _ :___._ _._ -
•~ D __ ---
ISeall ;7 ~nr ausc3r..Tane,T . ul
_ _. ~ -. rvoT.a rzv s N<
0
- ,TYPE oa PRN~~ ?k: V`~'?A~ CFF;C°_ IN
;~ ~
rr,'' --
UeL _ IfY'~^Ip JF'S4r'J-"CO TY nN0 ST,~TE
a o w`. ~ hoT_P
_ . a ~ .~, ..-.... .~.:.
GUARDIAN MORTGAGE 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
March 10, 1967
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: Nash Associates by: Norton Development
Co. for an amount not to exceed in aggregate $64,116.00 which amount
shall be designated by the City of Chula Uista as an improvement
security for the following purposes:
A. Improvement security given for the faithful performance of
that certain agreement by and between the City of Chula
Vista and LES CHATEAUX in the sum of $34,972.50 being
fifty percent (50%) of the total estimated cost of the
improvements plus ten percent (10%) contingency. Said
amount is available for payment as stipulated herein.
1. For payments of invoices signed by contractor cover-
ing subdivision improvements in and adjacent to FLAIR
UNIT N0. 1. 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)
page 2
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 100 of the amount of the work completed,
as certified by the City Engineer, plus 10% contingency,
will be paid to contractor when the GUARDIAN 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 Uista 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 or 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 Chuia Vista addressed to Guardian-Mortgage Company
stating that the work has not been performed as agreed, and accom-
panied by the resolution of default adopted by the Council of the
City of Chuia Vista, to be used in an amount as required by the City
of Chula Vista to satisfactorily complete the improvements as agreed.
B. 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 $29,143.50, 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 September 14, 19b8) 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
September 14, 1968, the documents complying with the above stipulated
terms and conditions.
Very tru ly yours,
GUARDIAN MORTGAGE .COMPANY
/~
BY: /~ ~~
Tbfeodore Kaplan, Secretary-Treasurer
rk
GUARDIAN MORTGAGE CO
3 2 4 7 M I S S I O N V I L L A G E D R I V E
SAN DIEGO, CALIFO F2NIA 921 23
2 7 7- 8 8 1 ]
January 9, 1867
Y
z
a
~a
Z~
~o
~U
°W
3z
oQ
Z~
Y ~
Q N
z
ow
Q-~
~_
o~
a
~z
0
u~
Z
a
City of Chula Vista
Civic Center
276 Guava Avenue
Chula Vista, California
Gentlemen:
This corporation i.s legally constituted corporation, organized and
existing under and by virture of the laws of the State of California.
In accordance with the requirements of pledge monies as provided by
-~ ' - " - - ' -~ _ - ' - ~ ns Code Section 11612, th i s cor-
- funds available in the amount
State of CALI FORNI A >nly for the purpose of setti ng
County of SAN DIEGO SS to FLAI R UNIT N0. i , a sub-
March 10 1967 lula Vista, County of San Diego,
On..-_...__.... -- - -'- --- - _....... , 19 - - before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared - - ----- ...... - - - - - - -- - -
known to me to be the ............................ __......._-.-.._President, and
-Theodore Kapl..a.n... - -- - - -
-- -- - __
known to me to be the.._Secretary-Treasurer 9~tkof
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 corporation executed the
within instrument pursuant to its Bylawn o~L,~e~sol~.gf its Board of
Directors. '~4v Com . Isston E fires Jan. 30, 197D
WITNESS my hand a~ifdccGP ~~~oOoO~GOOO~oo
O iC`~u°r~="~C/ ~~ HELEN-b?~D~I~~ .O
(SEAL)
NOTARY~S NAME
fTVPE OR PRINT)
,represents and certifies that it
`. to regulations by the State or
view and meaning of Business and
Igrees and guarantees to disburse
Mentioned setting survey monuments
',d such eventuality occur, as the
iot being completed within twelve
ands remai ni ng are to be paid to
!d work as determined by the City
-- - ---.-.---~j----__'- ~ :-1YiJiRitF ~i'4l7SlNt i- 7FE11`CJli7V1A -"-.._
G OTARV~ 51 U
O ; PSRINC~I~~~ ICE iN
~._~~, - ----,.-,,% _----__-_-.SAN-. D1EG0-,COUNTY. _~ ant to an agreement between LES
CNOTARV PUBLIC 'N PND FOR SAI C NT ND TE
-- -~~.~~~~oe~o~oc~o~o~-Sow ta, relative to the installation
or 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,
GUARDIAN MORTGAGE COMPANY
BY:
HARVEY F RGAT , Vice President
rk
u~~
CERTIFICATION
This is to certify that I am the Treasurer or Controller of
Guardian Mortgage Co., and that this corporation is a legally
constituted corporation, organized and existing under and by
virtue of the laws of the State of California. In accordance
with the requirement of pledged monies as provided by Section
11612 of the Business and Professions Code of the State of
California, on behalf of this corporation I certify that
there are funds availab~l~e in the amount of $64,116.00, for
the purpose set forth in the above letter of credit. Guardian
Mortgage Company hereby represents and certifies that it is a
financial institution subject to regulations of the state or
federal government. I hereby certify under penalty of perjury
that said monies are available and will be paid in accordance
with the terms of said Letter of Credit.
GUARDIAN MORTGAGE CO.
.% ~f,,"
BY
THEODORE KAPLAN, Secretary-Treasurer
Dated: March 10, 1867
t~axcb 26 ~ 196
t
i
Les Ci~ateaux,, a li~.te~l ~artr~~:sh:a:p
3247 ~#issa,on Village ~zv
San ~:~o, ~alzfornia 9223
~~ntle~-~en:
~:~closed it~x y~uac £il~ art #:he ~a~,~,a~Artng doe~zr,~nts:
Couael F~es3~.uzi.an Tvo, 43~t} a~~~zov~rig s~~~ed
tentative ~sa~ ~f Fla ix 5ubdi.visicua.
Council itesc~lutivm l~v. 431 artp:ro~t~.n~ a~reeu~ent
far xc~uisiti~ of open space Viand.
CQFY of ttae a~,ceesaent for acqusiticu of opezx
Space Zand.
Count i1 ~eso,Iution Ido. 4353 a~3prvvn~ i.~.prc~ve~nt
a~xser~n~t fc~r la3.r ~Txtit Na. ~..
Copy of said ~provent ~gree~ent.
Cc-uuc3~. ~~5£3iu'~l~Sl 2do. 4354 appr~'2v~.nb final zip
c~~ Flair unit t~€~, i. Subdivision.
~f'Zy truly fOUrS ~.
43,tg' G1e~k
~_~~n ~~,