HomeMy WebLinkAboutReso 1964-3501. ~ ,
RESOLUTION NO. 3501
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ACCEPTING INSTRUMENTS OF CREDIT SECURING
IMPROVEMENT AGREEMENT AND IMPROVEMENT AGREEMENT
(Princess Manor Unit ~k2)
The City Council of the City of Chula Vista does hereby resolve
as follows:
1. That certain agreement entitled CONTRACT FOR COMPLETION OF
IMPROVEMENT IN PRINCESS MANOR UNIT ~~2, a true copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by this reference thereto,
is hereby approved and accepted and the Mayor is authorized to execute same
on behalf of the City of Chula Vista.
2. The City Council further resolves and determines, pursuant
to Section 11612 of the Business and Professions Code, that improvement
security may consist of an instrument of credit in the amount of 100% of
the total estimated cost of improvement; such instrument of credit shall
suffice for the security referred to in Business and Profession Code, Section
11612 (a) and (b).
3. That certain instrument of credit from the U. S. FINANCIAL
CORPORATION, dated September 10, 1964, in the sum of $332,530.00 is hereby
approved and accepted as security pursuant to said Section 11612 covering
improvements, labor and materialmen and further securing the sum of $2,030.00
for survey monuments and shall be held in lieu of the security required by
Section 11566 of the Business and Professions Code.
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, thin-5th day ofseptember
19 64 , by the following vote, to-wit:
AYES: COUNCILMENMcCorquodale, Anderson, McMains, McAllister, Sparling
NAYES: COUNCILMEN None __
ABSENT: COUNCILMEN None __
Mayor •f the Cit of Chula Vista „
-,
,.
ATTEST ~~~- ~ ~~' ~'
City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the 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and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
RESOLUTION NO. 3501
CO?~?TFcACT FOR C0~!?'LETION GF IN.PROVEMENTS
IN
Princess Manor, Unit No. 2
IT IS HEREBY AGREED by and between the CITY OF CHU.T~P, VISTA, a Municipal
Corporation, and r~IdCLSS PAt;~: ESTATr,S, ITdC. - here-
inafter called the Second Party, as follows:
WITNESSETH:
[nIHEREAS, the Second Party is the owner of real property in the City of
Chula Vista, County of San Diego, State of California, described as
1
1
follows:
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WHEREAS, the Second Party propose-s to create a subdivision of the prop-
erty above described, to be known as nrincess Manor Unit ~~2
and to effect the same as heretofore=fled with the proper authorities
of the said City of Chula Vis=a, the necessary maps and improvement
plans and .other data in conformity with the laws of the State of Calif-
ornia and the crdin~_.ces of the City of Chula Vista applicable thereto,
and
4~r7~REP_S, the said prop er authorities of said City have found the pro-
posed subdivision plan to be acceptable and in accord with the best
interests of said City, and
WHEREAS, the City of Chula Vista is entitled ~::~ _ecuire from the Second
ratty, and does require from`the Sc--coral Party, as ~ condition preceder_t
to t1-te acceptance of any and all streets and easements and ot'rer ir~prove-
rnents, assurances for the completion of the public improvements in said
subdivision as is provided therefore in said plans and attendant speci-
fications as have heretofore been approved as aforesaid, and
suB-~-a
3~~!
W~r:Rr..~,S, the Second Party is desirous of supplying such assurances,
5~a~v,r~o `~'i'~iEr(i~E, 'y _' ?,c, ~E'REBY AGREEzJ BY and between the Caty of Chula Vista,
and the Second Party as follow s
1. Said Second Party agrees to undertake. and complete, and to pay
for all labor and materials in connection therewith, within a period
of 365 days from the date hereof, all the necessary work and installation
of improvements in the hereinabove described subdivision in full conform-
ity with the ordinances of the City of Chula Vista, the laws of the Stt.ite
of California, the directions of proper officials of the City of Chu la
Vista, California, as may be applicable thereto, and~the plans for suc~~
improvements on file in the office of the City Engineer of the City of
Chula Vista, bearing the file numbers:
64-60L through 64-79L inclusive
'TM~I-_e engineers estimate of cost of said improvements is $300,336.25
1Q/ contingencies
30,038.63
• •; otal Bond Amount 330,500.00
='he execution of this contract automatically acknowledges by the Party of
e Secor_d Part, the responsiblity to guaru~-:te~ X11 public improvernznts
for a period of one (1} year from the date of final acceptance.
.'1:e Second Party further agrees to indemnify, protect and hold harmless
the said City of Chula Vista from ary and all claims of liability for
perscral injury, property damage, labor or material claims which may be
made against the said City by reason of said work and installation of
improvements as herein provided.
2. P_s a guaran'cee and as security for its full and faithful perform=
ar:ce in complying with all the requirements for tha completion of said
subdivision as aforesaid, the said Second Party s_all deliver to the City
c= Chula ~7ista upon
Letter of Credit
~~~~ executed by an
City of Chula Vista
~'-•Q-2
the execution of this agreement, a good and sufficier_t
financial institution
authorized ~i~:~~k~~~ satisfactory to the said
in the sum of $ 330,500.00 -
_2_
3. As a guarantee and as security for the payment of ail matte ial
and labor claims for the completion of all said i^provements, the
riplf Credit
Second Party, shall deliver to the said City of Chula Vista ax~
the sum cf $ 165,250.00 by its terms made to inure to the benefit
of laborers and materialmen, for labor and mater ial performed or fur-
nished in the performance of this agreement.
4. Upon the execution by Second Party of this contract and the
letters of credit
posting of ~~ as herein provided, the City agrees to approve the
final map of said subdivision and accept the same for recordation.
DATED: 9/-10/64 PRIIdCRSS PAP.i: ESTAL~S, IrdC.
~~ ~~
Ra ph E. aid, S retary-
Cif OF C:'_ULA VISTA, CALIFORNIP_
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B`Z: ~LC-~ ~ Cr ~ ~~GL.~~-~ ~ ..~
Approve-d as to form and legality
ty Attorney or the City f
hula Vista, Calir"ornia
AT^ESTED TO:
Cit Cl rk. of the City of Chula
Vista, California
s~.,~-4-a -3-
PRINCESS MRNO~ UNIT N0. 2, being a subdivision of that portion of Lot 2 and the
South half of the Southeast Quarter of Section 13, Township 18 South, Range 2 West, San
Bernardino Base and Meridian, in the G`ity of Chula Vista, County of San Diego, State of
California, according to United States Goverment Survey approved February 25, 1870,
described as follows:
Beginning at the Northwesterly corner of Lot 70 of Princess ?Manor Unit No. 1, according
to Map thereof No. 5414, filed in the office of the County Recorder of said County,
July 3, 1964; thence along the boundary of said Unit No. 1, South 15° 26' S7" East 354.36
feet; South 40° 21' 17" East 89.70 feet; North 53° 10' S5" East 95.43 feet to a tangent
1050 foot radius curve concave Southeasterly; thence Northeasterly along said curve
78.92 feet through an angle of 4° 18' 23"; thence leaving said boundary, radial to said
curve, South 32° 30' 42" East 155 feet; thence North 82° 03' 03" East 125.45 feet; thence
South 17° 41' S5" East 452.53 feet; thence South 4° 44' 36" East 1004.13 feet; thence
South 12° 23,' 07" [:Test 362.84 feet; thence north 84° 40' 08" i7est 78.33 feet; thence South
5° 19' S2" West 75.14 feet; thence North 84° 40' 08" Nest 172 feet; thence South 83° 44' 27"
West 88.35 feet; thence South 69° 22' 02" West 72.29 feet; thence South 83° 44' 27" West
59.50 feet; thence South 88° 44' 29" West b0.23 feet; thence North 6° 15' 33" :Teat 111.75
feet; thence South 83° 44' 27" Weat 20 feet; thence South 6' 15' 33" East 110 feet; thence
South 83° 44' 27" West 130.72 feet; thence North 84° 56' S7" West 50.99 feet; thence South
83° 44' 27" Weat 172 feet; thence South 18° O1' 13" West 161.52 feet; Lhence South 45°
West 331 feet to the West line of the East half of said Section; thence along said West
line North 0° 27' 25" East 2548.90 feet to the Southerly line of Rancho de la Nacion,
according to Map thereof No. 166, by Morrill, filed in the Office of the County Recorder
of said County, May 11, 1869; thence along said Southerly line North 72° 00' 32" East
549.29 feet to the POINT OF BEGINNING.