HomeMy WebLinkAboutReso 1967-4294
Form No. 352
RESOLUTION NO. 4294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
CHULA VISTA GARDENS SUBDIVISION, UNIT N0. 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 Dass Construction Co. of San Diego
dated the 10th day of January 19 67 for the
completion of improvements in the subdivision known as
CHULA VISTA GARDENS 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
r_f
Lane F. Cole, Director of Public Works
Approved as to form by
George Lindberg, City At ey
1
-1-
ADOPTED ~~:~{D APPROVF;D by thr CITY COCTNCIL of the ^ITY OF CH[JLA VISTA,
CALIFORNIA, this _ 10th day of ___.__ January ~, ~9_~, by the following vote,
to-wita
AYES Councilmen _Snarlin~, Sylvester, Andersona McAllister. McCorquodale
NAYES ~ Co~incilmer. None
ABSENTo Councilmen _None_ _ ~ ,~~~
../ C"
ay r of the City of Chula Vista
ATTEST ~~ ,C...--c--c~z,~.-.--.~ ~ (~'C~_t.,~ ~ ,~,
City Clerk
STATE OF CALIFORN L~
COUNTY OF SAN DIEGG r ss.
CITY OF CHULA VISTA.
I1 KENNETH P, C.4.'~iFBELL., City Cleric of tl-,e City of Chula Vista, California,
DO HEREBY CERTIFY' that the above and foregoing is a full, true and correct copy of
., and that the same ha.s not been amended
or repealed.
DA'Z'ED
City Clerk
CC-652
~~9u
t
SUBDIVISION IMPROVEMENT AGREEMENT
~Form No. 410
THIS AGREEMENT, made and entered into this 10th
of January 1967 by and between the CITY OF CHULA
a municipal corporation, hereinafter called "City," and
DASS CONSTRUCTION CO. OF SAN DIEGO
5837 El Cajon Blvd.
San Diego, California
hereinafter called "Subdivider,"
W I T N E S S E T H
day
VISTA,
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
CHULA VISTA GARDENS 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. 4032 approved on the 5th day of
April 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. 66-63L thru 66-65L 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 THIRTY-
NINE THOUSAND, THREE HUNDRED TWENTY AND NO/100 DOLLARS ~$ 39,320.00,
-1- ~ ~aa~
form No. 410
Rage 2
to which ten percent i0%; thereof has been added, which estimate is
attached hereto maIrked "Ex111.bit A" and made a part hereof , and
WHEREAS, the estimated cosy as approved by the City for the
in.stallat~on of ale munuments is attached. her°eto, marked "Exhibit B"
and made a part. hereofe
FOLLOWS
NOW, 'T'HEREF`ORE, LT YS MUTUALLi~ 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 r.he satisfact.i.on and approval of
the City Engineer, al1_ of the pux~lic :i.mprovement and~'or land development
work required to be doize rn and ad~oinzng said subdivision; and will.
furnish the necessary materials r_heret;~r, all in strict conformity and
in accordance with the plans and specificat:LOns, which documents have
heretofore been flied in the office of the City Engineer and by this
reference axe :i.ncorporated herein and made a part hereof.
It i.s expressly understood and agreed treat all monuments
have been or will be :installed within 30 days after tY~e completion
and acceptance of the rec~uzred 1mprovemer~ts, a.nd that Subdivider has
installed or will install temporary street name signs if permanent
street name s:lgns have not been ~nsta'iled,
T!:. ,~_s exprestil~.° understood and agreed that Subdivider will
cause all n~,cessa.ry materials to be furnished and al..L improvements
required under the provs.ons of -this contract t.o be done on or before
the f rise. a:nn1 ver.>ar_y date of the recordation of the map of said su.b-
divAsion,-~,~-
ca h ~ c-~~=~-~~ t,~=~ ~ ~~ r „
Tt _~~;~ expressly lnderstood and agreed that the subdivider
will perform sa.i_d _~mprovemezt work as set forth hereinabove or that
portion of said improvement: work servLrig any buildings or structures
ready for occt~rpancy Tn said subdivision prior to the issuance of any
cert~fir_ate of clearance for utrlir..~; co.nnect.xons to the San Diego Gas
and Electric Company for said build~_ngs or structures in said subdivision,
and such. certr-ca.te shall not. be issued until the City Engineer has
certified zn ~rritrng the completion of saa_d public improvements or. the
p.r~otion thereof serving said buildings or' structures approved by the
City, provided, however, that the improvement recur°ity shall not be
required to ~:.~~>r~er the prov~slons of this paragraph, and
.;..t is also understood and herein expressly agreed to by
Subdiv:der that in the performance of said work, Subdivider will con-
form to and abide by d11 of the provisions of the ordinances of the
City of Chula Vesta, the ::ode of the City of Chula `vista, and the
laws of the State of ~:aliforn.ra applicable to said work.
S~.zbdivider further agrees that simultaneously with the
execution of this agreement,, it will furrt~.sh and deliver to City an
appro~ ed improGrement sec:ars.ty ~_n the su.m of FORTY-FOUR THOUSAND AND
NO/100 DOLLARS ......................................i$ 44,000.00 ~~
which secu.r.~r_y shall ~7uarantee the faithful performance of this contract
by Subdzv.r.der 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 delive:r to City an
approved improvement security -;.n the sum of
EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ..............1$ 850.00 ),
t:o secure the in.stallat.lon of monuments, which security is attached
hereto, marked. "Esshibit D" and made a part hereof.
1t ~s further agreed that if the public improvements are
not completed witr.in the time agreed herein, the sums provided by
said impro~-~ement. security ma1,~ be used by City for the completion of
the public ~~_mprovenients within said 52 _~_. aision ~n accordance with J7
specz-flcat.z_ons contained herein- 1~~
~a~~
i
' - Form N'o . 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 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
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 cos- 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, 1~ability 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 demnification 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-
~ ~la~~
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. 4294 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
Mayo
SUBDIVIDER, DASS CONSTRUCTION CO.
OF SAN DIEGO
fy
Robert J. Ko`~Tcey __` ~'`iee President
ron H . Ko~ic.ey ~.--~retary
i
Improvement Completion
Date:
Improvement Securities for
Subdivision Improvements:
Form: Bond - Gen. Ins. Co. of America No. 574479
Amount: $4~T2~3rgg $44,000.00
Monuments:
Form: Bond - Gen. Ins. Co. of America No. 574480
Amount: ~$5$-Q6 $850.00
Approved as to form by
/1 ,~-~
c ro 449 ~ TI
C~, (Corporation)
STATE OF CALIFORNIA
~
~ ~ ss.
courrTY of San Diego
On December 27 ~ 1966 _ before me, the undersigned, a Notary Public in and for said
State, personally appeared - Robert J • Kolkey
m known to me to he the V1CePresident, and _ Aarnn H Kn~y ,
C
w
known to me to he - Secretary of the corporat
ion that executed the within Instrument,
z 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
~ mstrument pursuant to its by-laws or a resolut,on of ,ts board ~ - ~-- ~~ - ..._~. - ~~__ -. -~ - :. -- ~
m of directors.
AF:T~- U;~ " 2-'a.'JT
p
~
~y
WITNESS m n sn officit}1 al. -~
'
.,,1P~ +~ F~I;~;CtpAt Cfr tit ;F~ )i
~
Signature - S','.' S~.v 'ii~v0 Clii/P1TY
-
--
- -
-
- '
l
r
.
~~ r
.-
r
-r- .,--~_•- ~
f Arth„r grant
Name (Typed or Printed)
My Commission Expires June 1R. 1968
__
(This area for official notarial seal)
~ ya~,~