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HomeMy WebLinkAboutReso 1965-3862 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN HILLTOP HEIGHTS SUBDIVISION , AND AUTHORIZING THE MAYOR TO EXECTU~'E 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; RESOLUTION N0. 3862 Form No. 352 a municipal corporation, and MAJESTIC DEVELOPMENT, INC. dated the 28th day of September 19 65' for the completion of improvements in the subdivision known as HILLTOP HEIGHTS SUBDIVISION 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 .C~~=~ George D. ndberg, City Attorne(~ V ~. ~ . ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 28t~lay of September 19 65 by the following vote, to-wit: AYES: COUNCILMEN Spar ling, McMains, McAllister, Anderson, McCorquodale Mayor of the City of Chula Vista NAYES: COUNCILMEN None ABSENT: COUNCILMEN None /"f' ATTEST / I .~-~.~_.~ ~t ''~~rx.,~,fG~ ity 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed.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 Form No. 410 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 28th day of September , 1965 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and JAMES ~~ & JERRINE D. PATTEN and MAJESTIC DEVELOPMENT,INC. 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 HILLTOP HEIGHTS SUBDIVISION 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 insta-11 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. 3680 approved on the 13th day of April ~ 19 65, 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.65-32L through 65-34L, 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- THREE THOUSAND, SIX HUNDRED FOUR AND. 43/100 DOLLARS ($33,6.04.43), ~,,i (~ jr; u~ -1- ~vl."% - - i ~~~ .4._ Form 410 .Page 2 to which ten percent (l00) 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 all monuments is attached hereto, marked "Exhibit B" and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 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 develop- ment 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 is 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 sub- division or, whichever is the earlier. It is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove prior to the issuance of any certificate of occupancy of any buildings or structures in said subdivision and that application for said certificate of occupancy must be accompanied by a certificate of completion of said public improvements approved by City, provided, however, that the approved 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 conform 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 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 THIRTY-SIX THOUSAND, NINE HUNDRED SIXTY-FOUR. AND 87/100 DOLLARS ($36,964.87 ), 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 execution of this agreement, it will approved improvement security in the EIGHT AND no/100 DOLLARS installation of monuments, which sec "Exhibit D" and made a part hereof. that simultaneously with the furnish and deliver to City an sum of FIVE HUNDRED FIFTY- C$558.00 ) , to .secure- the- zrity is attached hereto, marked 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 improvements within said subdivision in accordance with specifications contained herein. -2- 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 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. 5" I 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, 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- 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. THE CITY OF CHULA VISTA j lr`, _ ~_. l/~.,~ ~ t =' Mayor Improvement Completion Date: Improvement Securities for Subdivision Improvements: Form: Surety Bond Amount: $36,964.87 Form: Surety Bond Amount: $558.00 Approved as to form by C ' Att me -4- SUBDIVIDER MA3ESTIC DEVELOPMENT, INC.