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HomeMy WebLinkAboutReso 1965-3767Form No. 352 RESOLUTION N0. 3767 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA' APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN PRINCESS MANOR UNIT N0. 8 AND AUTHORIZING THE MAYOR TO EXECTUTE 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 Princess P.arlc Estates, Inc. dated the 22nd day of June 19 6~ for the completion of improvements in the subdivision .known as PRINCESS viANOR UNIT N0. 8 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. indberg,,City Atto -1- 3? ~ ~ T Mayor of the City of Chula Vista ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22ncaay of June 19~, by the following vote, to-wit: AYES: COUNCILMEN McAllister, Anderson, Sparling, McMains NAYES: COUNCILMEN None ABSENT: COUNCILMEN McCorquodale ATTEST -c uc< ~~L'~C' 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DA City Clerk CC 652 i Form No. 4I0 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ~, 29 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter tailed "City," and PRINCESS PARK ESTATES, IiVC. 2030 State Street San Diego, California 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 PRINCESS MANOR UNIT NO. 8 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 o£ 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 fo rpurpose 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 \` 1 WHEREAS, a tentative map of said subdivision has hereto- ~~ fore been approved, subject to certain requirements and conditions ,\ contained in Resolution No. 3656 approved on the 9th day of March 19 65, and `. WHEREAS, complete plans and specifications for the construe-~ tion, installation and completion of said public improvement work have been prepared, submitted and approved by the City Engineer as shown on Drawing No.65-27L thru 65-30L on file in the office o£ the City Engineer of the City o£-Chula Vista, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been .submitted, and approvedby the City, in the amount of FORTY- FOUR THOUSAND EIGHT HUNDRED SEVENTY-EIGHT AND 10/100 ($44,878.10)., ~~''_~~} ~ ~~~, -1- _. ..,...... :. _. ~atsr Form 410 Page 2 to which ten percent (1-08) thereof has been added, which estimate is attachedhereto 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 ISMUTUALLY 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 thi sreferenc e~are incorporated herein and made a part hereof. It is expressly understood and agreed that all aionuments~ have been or will be installed within 30 days after the completion and acceptance of"the required improvements, andthat 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 o£ the `map,of said sub- division,oi, December. 31, 1965 whichever is"the earlier. ~ ' It is expres sly understood and agreed that Subdivider will perform ,s aid 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 approvedby City, provided, however, that the approved improvement security shall not be required. to cover the provisions of this paragraph, and 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. "„ - 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 provisibns ~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 FORTY-NINE THOUSAND THREE HUNDREDSIXTY-FIVE & 91/100 DOLLARS ($49,365.91 ), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part"hereof. ' Subdivider further agrees that simultaneously with the execution o£ this agreement, it will furnish and deliver to City an approved improvement security in the sum of FOUR HUNDRED FIFTY _ DOLLARS ($ 450.00 ), to..secure'. thA~ . installation of. monuments, which security u.~x~4.3re~toE~xs~mxl ~F,~.,.?nRxxSaNxaia~cXaax;f~x}~~~f~ has been deposited in the form of a cash bond, It is further agreed that if the public improvements _Z_ :, __. , ' ~ Form No. 910 Page 3 .. Upon certification o£ 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 theterms of the improvement security. . ~ It is also expressly agreed and understood by th e. 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 costly and expenses of th e. work aforesaid nor shall anyofficer, or his sureties or bondsmen be liable for the payment~of any sum or sums for theabove-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 0£ 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 cos4 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, maintenanc eo£and any damage to ' the streets, alleys, easements, water and sewer lines withi n•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 o£ .. .. ~ ~ ~~ ~~~ defects by City as set forth hereinabove. .. ~ It is understood and agreed that City shall not, or any - ~ ~~ officer or employeethereof, be liable for any in-j ury to person or ' property occasioned by reason o£ the acts or. omissions o£ 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 ' o£ the acts or omissions o£ 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 ydemnif ication 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 fer 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 thiscontracb by City to enforce the terms hereof, City shall be entitled to a reason- able.sumas attorney's ~f ees. TN 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 Mayor Improvement Completion Date: Improvement Securities for Subdivision Improvements: Form: Letter/Credit - U. S. Financial 6-17-65~ Amount: $49.,365.91 Monument s: Form: cash bond - 6-11 Amount: $450.00 Approved as to form by i ~(ri Ol - ,C~ y Attorney