HomeMy WebLinkAboutReso 1965-3923C'1Le...6~ ~-~-b~-~
`Form No. 342
RESOLUTION NO. 3923
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT. BETWEEN THE:,CITY OF CHULA VISTA AND
PRINCESS PARK ESTATES, INC., FOR THE IMPROVEDIENT OF THAT
_ CERTAIN PORTION OF MELROSE AVENUE BETWEEN QUINTARD STREET
AND THE NORTHEP.LY BOUNDARY OF PRINCESS MANOR UNIT N0. 7
AND AUTHORIZING THE.,MFIYOR 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 Princess Park Estates, Inc., a corporation,
for the completion. of that certain portion of Melrose Avenue between
Qizntard Street and the Northerly Boundary of Princess Manor Unit No. 7
dated the 19th day of November , 1965 a copy of which is
attached hereto and incorporated herein, 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 said City.
Presented by
Lane Cole, City Engineer
as to fpm by
George D.~Pi/indberg, City Attorney
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ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this ~thday of December ,
19 65 by the following vote, to-wit:
AYES: COUNCILMEN McCorquodale, Spar ling, McAllister, Anderson
NAYES: COUNCILMEN McMains
ABSENT: COUNCILMEN None
-qMayor of the City of Chula Vista
ATTEST ~I~e~c~``«~Cl ~`.~~'~""`"~,~
City Clerk
STATE OF CALIFORNIA l
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
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
3~ z3
AGP.EEMENT TO IM~P.OVE TIIAT CERTAIN PORTION
OF MELRO5E AVENUE EET~n7E$N QUINTA RD STREET
- ~ ~ AND EAST RIENSTRA STREET
"~ ~ THIS AGREEMENT, made and entered into this 19th day of
. _, November, 1965, by and between the CITY OF CHULA VISTA, a municipal
'~~~ ~~ corporation, hereinafter called "City," and PRINCESS PARK ESTATES,
_, INC., a corporation located at 2030 State Street, San Diego, California,
-- ~ hereinafter called °Subdivider;"
i ..
,,
W' I T N E S S E T H
...~~G'~ .~ WHEREAS, the City Council of the City of Chula Vista, by
~'~ Resolution No. 3869 adopted September 28, 1965, amended Article 4 of
' that certain agreement approved by Resolution Nc. 3397 adopted May 26,
.,
~~~~`~~ '---~ 1964, deleting and waiving the requirement for the installation and
_~~ ... completion of certain improvements on that portion o£ Melrose Avenue
-~~ begirning at Quintard Street and extending Southerly to the Northerly
line of East Rienstra Street, and exonerating the bond securing the
completion of said improvements, and
- ~ WHEREAS, the City Council of the City of Chula Vista desires
.. '~ that a certain portion of Melrose beginning at Quintard and extending
' ~~ Southerly to the Northerly boundary of Princess Manor Unit No. 7
' Subdivision be developed, and
~`~- ~ ~: .., WHEREAS, the owners of that property which will be traversed
.. by said improvement of Melrose Avenue have agreed to dedicate to the
public a sixty (60) foot right-of-way in accordance with that certain
_, --' ~ grade and alignment plan, date3 November 19, 1965 and attached hereto
a.s Exhibit "F1", which plan shall provide:
,:;4,. ._. 1. That the section of traveled right-of-way to be..graded
-' and paved shall be twenty-four (24) feet in width, and
2. That there shall be installed a storm dra.i.n culvert not
~~ ~ to exceed a maximum diameter of 84" or equivalent dual
pipe, and
3. The structural paving section shall be two (2) inch A.C,
on a £our (4) inch suitable select base.
WHEREAS, complete plans and specifications for the construction,
i~ installation and completion of said public improvement work shall he
'~.,;~•~_ ,. prepared and submitted for the approval of the City Engineer, and said
' ,. plans and specifications shall be placed on file in the office of the
City Engineer of the City of Chula Vista;
-~ .. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
~- 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
June 30, 1966, and the grading of said twenty-four (24) foot portion
of Melrose Avenue to be improved shall continence at such time as the
City has obtained the right-of-way and. a't such time as any gas lines,
' water lines, or existing underground utilities which would obstruct
.. or interfere with construction o£ said right-of-way have been removed
or relocated. at no expense or cost to Subdivider.
It is also expressly agreed and understood by the parties to
this agreement that in nocase will the City o£ Chula Vista or any
department, board or officer thereof be liable for any portion of the
~- ~ _ costs and expenses of the installation of said work aforesaid, nor shall
~Y~ ~ any officer, or his sureties or bondsmen be liable for the payment of
-Y any sum or sums for the above-mentioned work or any materials furnished
,~ ~ therefor, except to the limits established by the approved improvement
- ~,i,. ~ security in accordance with the requirements o£ the Subdivision Mayp Act
of the State of California and the provisions of Chapter 28 of the
Chula Vista Citv Code.
Subdivider agrees to furnish a suitable improvement security
as approved by the City Attorney, in the sum of TWENTY THOUSAND DOLLARS
($20,000.00) which security shall guarantee the faithful performance
of this agreement.
It is understood and agreed that until such time as said
public improvement is fully completed and accepted by the City,
Subdivider will be responsible for the care, maintenance of and any
damage to said public improvement. It is further understood and agreed
that Subdivider will guarantee said public improvement 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 the
City as set forth hereinabove.
It is understood and agreed that City, or`.any officer or
employee thereof, shall not be liable for any injury to person or
property occasioned by reason of the acts or orissions 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, 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 damage ror shall the City, by said approval,
be an irsurer~or surety for the construction of said public improvement
pursuant to said approved improvement piar..
DATED: November 19, 1965 THE CITY OF CNULA VISTA
Ll ;
/ ~
Eleanor Anderson, Mayor
SUBDIVIDER - PRINCESS PARK ESTATES, INC.
%" /° ~ ~~
Approved as to form by
l ^:
~ ~-~ ~
~~George D.~indberg, City Attorn~}i'
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-. -,. ~ C1liLKVJ Y. HVGIVUL LL 1lY L'LlV 'lU llV LtLLW J1riLL1 kllVL
EAST RIENSTRA STP,EET
.. ' ~ THIS AGREECIENT, made and entered into this ~~ ~ day of/v0 .~. 19~ t ,
i ~ by and between the CITY OP CHULA VISTA, a municipal corporation, hereinafter called-
. "City," and PRINCESS PARK ESTATES, INC., a corporation located at 2030 State Street,
' _ San Diego, California, hereinafter called "Subdivider;"
W I T N E S S E T H
WHEREAS, the City Council of the City of Chula Vista, by Resolution
No. 3869 adopted September 28, 1965, amended Article 4 of that certain agreement approved
by Resolution P!o. 3397 adopted ltay 26, 1964, deleting and waiving the requirement for the
installation and completion of certain improvements on that portion of Melrose Avenue
beginning at Quintard Street and extending Southerly to the Northerly line of East
Rienstra Street, and exonerating the bond securing the comple tion of said improvements;
and
WHEREAS, The City Council of the City of Chula Vista desires that a
certain portion of Melrose Avenue beginning at Quintard Street and extending Southerly
to the Northerly boundary of Princess Manor Unit v~7 Subdivision be developed, and
~' WHEREAS, the owners of that property which will be traversed by said
improvement of Melrose Avenue have agreed to dedicate to the public a sixth (60) foot
right+of way in•accordance with that certain grade and alignment plan, dated November
19, 1965 and attached hereto as exhibit "A" and which plan shall provide;
1. That the section of traveled right of way to be graded and paved
shall~be twenty=four~(24).lfeet in width, and
2. That there shall be installed a storm drain culvert not to exceed a
maximum diameter of 84" or equivelant dual pipe, and
3. The structural paving section shall be two (2) inch A.C. on a four
(4) inch suitable ~~ a-base,
WHEREAS, complete plans and specifications for the construction, installation
and completion of said public improvement work shall be prepared and submitted for the
approval of the City Engineer, and said plans, and specifications shall be placed on file
in the office of the City Engineer of the City of Chula Vista, and
NOW, THEREFORE, IT IS MUTALLY UNDERSTOOD AND AGREED AS FOLLOWS:
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 .Tune 30, 1966, and the grading of said twen ty~four
foot;.portion.-oS Meltose~~Avai ue to be improved shall commence at such time as the City
has obtained the right of way and at such time as any gas lines, water lines, or
existiag underground utilities which would obstruct or intefen'with construction of said
right of way have been removed or relocated at no expense or cost to subdivider..
It is a169 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 installation of said work aforesaid
nor shall any officer, or his sureties or bondsmen be liable For the payment of any sum o=
sums for the above-mentioned work or any materials 4urnished therefor, except to. the l imits
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 Chul
Vista City Code.
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~i _ <_~-
i Z G ti ~
IC is understood and agreed Chat until such time as said public improvement
is fully completed and accepted by the City, Subdivider will be responsible for the care,
maintenance of any damage to said public improvement. It is further understood and agreed
[hat Subdivider will guarantee said public improvement for a period of one year from said
dace 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 aces
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 ouC of the acts or omissions of Subdivider, his agents or employees in the performance
of this agreement, and the-approval of City of the improvement plans as eubmiCted by Che
Subdivider shall not constitute the assumption by the City of any responsibility for damage
nor shall the City, by said approval, be an insurer or surety for the construction of said
,public improvement pursuant to said approved improvement plan.
IN WITNESS WIIEAEOF, City has caused this agreement to be executed by having
affixed Chereto 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 the Subdivider has
caused this agreement to be executed, as duly authorized, the day and year first hereinabove
written. _~
DATED: j//j/~G r THE CITY OF CHULA VISTA
E eanor Anderson, Mayor
SUBDIVIDE -PRINCESS PARK ESTATES, INC.
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