HomeMy WebLinkAboutReso 1964-3431
RESOLUTION N0. 3431
RESOLUTION OF THE CISY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS WITH PRINCESS PARK ESTATES', INC. RE
PRINCESS MANOR SUBDIVISION
The City Council of the City of Chula Vista does hereby
resolve as follows:
1. That certain contract for completion of improvements
in Princess Manor Subdivision Unit No. 1, a true copy of which is
~~ attached hereto, marked Exhibit "A" and incorporated herein by this
reference thereto as though here set forth in full, is hereby ap-
proved and the Mayor is authorized to execute same on behalf of the
City of Chula Vista.
2. That certain agreement between the City of Chula Vista
and Princess Park Estates, Inc., relative to installation of cer-
tain improvements and acquisition of right-of-way (Princess Manor
Subdivision}, a true copy of which is attached hereto, marked Ex-
hibit "B" and incorporated herein by this reference thereto as
though here set forth in full, is hereby approved and the Mayor is
authorized to execute same. on behalf of the City of Chula Vista.
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ADOPTED AND APPROVED by,the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this -.23rd day of June ,
19 64 , bg the following vote, to-wiC: .
AYES: COUNCILMEN McAllister Sparline And r~on
NAYES: COUNCILMEN McMains. +'er
ABSENT: COUNCILMEN McCorquodale _
Mayor of the C q of Chula;/Vista
ATTEST ` / ~-t~c~<-~-~-C / cc ~C'/'
City Clerk
STATE OF CALIFORNIA )
` COUNTY OF SAN DIEGO ) ss.
CITY OF CHUL'ARVISTA .,).~ .`~1.~!F ~, a .:+ e ~`-,i:'~'~i. ~~' C'tr
~•~ ~y ~M I:.;~~RENNETH.rP.CAMPBELL ~ Cit Clerk ofs~tihes City of Chula
:._ ~ ,. , Y ,.. .._...
Uista,;California';rDO HEREBY, CERTIFY;tfiaE the above and foregoing
.i's;,;a; full, tnue~ and(,,correct dopyy of .
°;and;'that the'aame.,?has not been amended or repealed _._. y_,,,_~,
DATED:
City Clerk
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E3'[-IIBIT "A"
CONTRACT FOR COMPLETION OF IMPROVEMENT
IN
PRINCESS MANOR SUBDIVISION N0. 1
IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a Municipal
Corporation, and PRINCESS PARK ESTATES, INC„ a California-Corporation here-
inafter called the Second Party, as follows:
WITNESSETH:
WHEREAS, the Second Party is the owner of real property in the City of
Chula Vista, County of San Diego, State of California, described as
follows:
interests of said City, and
WHEREAS, the City of Chula Vista is entitled to require from'the Second
Party., and does require from'.the.Second Party, as acondition precedent
to the acceptance of any and all streets and easementsand other improve-
menu ,. assurances for the completion of the publicimprovements in said
subdivision as is provided therefore in said plans and attendant speci-
fications as have heretofore been approved as aforesaid, and
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posed subdivision plan to be acceptable and in accord with the~best
WF-YEREAS, the Second Party is desirous of supplying such assurances,
NC4P, THEREFGRE, ST IS HEREBY AGREED BY and between the City of Chula Vista,
and ttae~Second Party as followsa
le 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 ordinance s, of the City of Chula Vista, the laws of the State
of California, the directions of proper officials of the City of Chula
Vista, California, as may be applicable thereto, and the plans for such
improvements on file in the office of the City Engineer of theCity of
Chula Vista, bearing the file numbers:
64-28L through 64-40L inclusive
The engineers estimate of cost ~of said improvements is 200,000.00
10% contingencies
Total Bond Amount
20,000.00
220,000.00
'The execution of this contract automatically acknowledges by the Party of
the Second Part, the responsiblity to guarantee all public improvements
for a period of one (1) year from the date of final acceptance.
The-Second Party further agrees to indemnify, protect and hold harmless
the said City of Chula Vista from any and all claims of liability for
personal injury, property damage, labor or material claims which may be
made against the said City by reason of said work and installation of
improvements asherein provided.
2m As a guarantee and as security for its full and faithful perform=
once in complying with all the requirements for the completion of said
subdivision as aforesaid, the said Second Party sfiall deliver to the City
of Chula Vista upon the execution of this agreement, a good and sufficient
bend executed by an authorized surety company satisfactory to the said
Cityof Chula Visto in the sum of S 220,000.00
SYTBm4-°8 _2_
EXdIBIT "B"
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
PRINCESS PARK ESTATES, INC., RELATIVE TO IN-
SPALLATION OF CERTAIN IMPROVEMENTS AND ACQUISITION
OF RIGNT-OF-WAY (PRINCESS MANOR SUBDIVISION)
WHEREAS, PRINCESS PARK ESTATES, INC., is currently developing a certain
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subdivision in the City of Chula Vista known as Princess Manor Subdivision.
NOW, THEREFORE, IT, IS AGREED as follows:.
ARTICLE I
INSTALLATION OF A PORTION OF EAST RIENSTRA STREET,
HILLTOP DRIVE TO CASTLE VIE[d SUBDIVISION
WHEREAS, the City of Chula Vista does require from said Princess Park
Estates, Inc., as a condition precedent to the acceptance of any and all
streets and easements and other improvements of said Princess Manor Subdivision
assurances for the completion of certain off-site improvements.
1. Princess Park Estates, Inc., hereby agrees to construct and complete
and to Pay for all Labor and materials in connection therewith, the uncompleted
southerly portion of East Rienstra Street over that portion of East Rienstra
Street lying between Hilltop .Drive and the westerly boundary of that certain subdivisi
known as Castle Viecc Subdivision. Such construction shall consist of grading,
installing base and surfacing of the traveled. roadway including curb and gutter:
Such improvements shall conform to all of the applicable laws and ordinances of the
City of Chula Vista or the State of California, and the directions of proper
officials of the City of Chula Vista sa may be applicable thereto and the
plans for such improvements as shall be filed in the office of ~[he City Engineer.
2. Princess Park Estates, Inc., agrees to complete the above described
improvements on or before June 1, 1965, and further agrees to grade and install
a temporary paving surface on said street on or before August 1, 1964. Prior
to commencing any work on the temporary surfacing, Princess Park Estates, Inc.,
agrees to submit necessary plans and specifications therefore as required by
the City Engineer and subject to the approval of the City Engineer.
3. Princess Park Estates, Inc., agrees to indemnify, protect 'and hold
harmless the City of Chula Vista from any and a12 claims of liability or damage
for personal injury, property damage, Labor or material claims which may be
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made against the City of Chula Vista by reason of the work and installation
of the improvements hereinbefoie provided in Section I Sec and party
further agrees,~at its cost and expense, to maintain in force during all
construction or work incidental to construction o£ szid improvements, an
insurance policy or policies in a responsible insurance company, approved by
the City Engineer, insuring both the second party and the City of Chula Vista a-
gainst liability for damages which may be occasioned to any person or property
in connection with or as a result of the construction work and work incidental
to construction hereinabove referred to with a coverage of not less than
$100,000,00 for injury or death of any one person and not less than $200,000,00
to more than one person in any one accident-and not less than $5,000,00 for
damage to property. .,
4, Second party hereliy guarantees all said public improvements for a
period of one (i) year from the date of final ,acceptance by the City Engineer,
5. As a guarantee and as security for its full and faithful performance
in complying with all the requirements for the completion of said street
improvements, both the temporary surfacing and the permanent improvements, second
party agrees to deliver to the City of Chula Vista a good and sufficient bond
executed by an authorized surety company, which said bond shall be in the summ
of $ 15.000.00 and approved in form by the City Attorney of Chula Vista.
The condition of the bond shall be that it shall become null and void whenever
second party complies with the provisions of Article I of this agreement.
ARTICLE II
IMPROVEMENT OF EAST RIENSTRA STREET FROM THE
WESTERLY BOUNDARY OF SAID PRINCESS MANOR SUB-
DIVISION TO THE EASTERLY TERMINUS OF THE
RIENSTRA STREET CUL DE SAC IN CASTLE VIEW
SUBDIVISION
1, Second party agrees to improve East Rienstra Street from the
westerly boundary of Princess Manor Subdivision to~the ezster ly intersection
of Eckman Avenue and said East Rienstra Street in the Castle View Subdivision,
and to undertake and complete and to pay for all labor and materials in connection
therewith within one (1) year from date hereof all such necessary work and
installation of said improvements in full confnrmity with the Ordinances of
the City of Chu 1a Vista, the laws of the State of California, the directions
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of proper officials of the City of Chu 1a Vista as may be applicable thereto
and plans for such improvements now on file in the office of the City Engineer
designated as plans for the improvements o£ Princess Manor Unit No. 1, con-
-~ ~~ taining 13 sheets, No. 64-28L through and including 64-40L as though each
_ separate sheet was separately designated, and same are incorporated herein
by this reference thereto as though here set forth in full.
': 2, The said improvements shall consist, inter alia, of grading,
- installing surface; curb, gutter and side walks, all in accordance with
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and as shown on said improvement plans hereinabove referred to.
3. Second party hereby guarantees all said public improvements for a
period o£ one (1) year from the date of final acceptance by the City Engineer.
4. Princess Park Estates, Inc., agrees to indemnify, protect and hold
harmless the City ofChula Vista from any and all claims of liability or damage for
personal injury, property damage, laboror material claims which may be made
against the City of Chula Vista by reason of the work and installation of the
improvements hereinbefore provided in Section 1 Second party further
- agrees, at its cost and expense, to maintain in force during all construction
or work .incidental to construction of said improvements, an insurance policy or
policies in a responsible insurance company, approved by the City Engineer,
insuring both the second party and the City of Chula Vista against liability
-for damages which may be occasioned toany person or property in connection
with or as a result of the construction work and work incidental to construction
hereinabove referred to with a coverage of not less than $100';000.00 for injury
or death of any one person and not less than $200,000,00 to more than one person
in any one accident and not less than $5,000,00 for damage to property.
5. As a guarantee and as security for its full and faithful performances
in complying with all the requirements for the completion of said street
improvements, second party agrees to deliver to the City of Chula Vista a
good and sufficient bond executed by an authorized surety company, which said
bond shall-be in the sum of $220,000.00 and approved in form by the City
Attorney of Chula Vista: The condition of the bond shall be that it shall become
null and void whenever second party complies with the provisions of Article II
of th is. agreemen t.
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~~ ~ AP.TICLE III
IMPP.OVEMENT OF CERTAIN PORTION OF MELROSE AVENUE
. '. ~ 1. Second party hereby agrees to undertake and complete and to pay
for all labor and materials in connection therewith all the necessary work and
' ~ ~ - installation in connection with the improvement of a portion of Melrose
Avenve as designated and identified in the said plans for the improvement of
Princess Manor Unit Mo. 1 as referred to hereinabove in Section 1, Artic LeIl,
' - and hereinafter, and being over a portion of land described as extending southerly
~, fromthe northerly line of Rienstra Street to the northerly line. of Parcel 2 of
fractional Sectionl3, Township 18 South, Range 2 West per Assessor's P1ap
Book 182W, page 13, all such necessary cuork and installation of said improve-
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meets in full con-fortuity with the Ordinances of the City of Chula Vista, the
law '.of the State of California, the directions of proper officials of the
City of Chula Vista as may be applicable thereto and the said plans for such
to be filed with the City Engineer and approved by said City Engineer.
2. The said improvements shall .consist, inter alia, of grading, installing
surface, curb, gutter and side walks, all in accordance with and as shown on
said improvement plans hereinabove referred to.
3. Second party hereby guarantees-all said public improvements for a
period of one (1) year from the date offinal acceptance by the City Engineer.
4. Princess Park Estates, Inc., agrees to indemnify, protect and
hold harmless the City of Chula Vista from any and all claims of liability
':, '- ~ or damage for personal injury, property damage, labor or material claims `
which may be made against the City of Chula Vista by reason of the work and
installation of the improvements hereinbefore provided in Section 1 Second
party further agrees, at its cost and expense, to maintain in force during all
construction or work incidental to construction of said improvements, an
insurance policy or policies in a responsible insurance company, approved by
the City engineer, insuring both the 'second party and the City of Chula Vista
against liability for damages which may be occasioned to any person or property in c,
connection with or ,as a result of the construction work and work incidental to
construction hereinabove referred to with.a coverage of not less than
$100,000,00 for injury or'death of any one person and not less than $200,000.00
to more than one person in any one accident and not Less than $5,000.00 for
damage to property. ~ '
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5.~ Second party agrees to install said porfion of Melrose Avenue
within 120 days of written notice by the City of Chula Vista to said second party -. .,.
requiring such installation.
6. As a guarantee and as security for fts full and faithful performance
in complying with all the requirements for the completion of said street
improvements, second party agrees to~deliver to the City of Chula Vista a good
r~°~and sufficient bond executed by an authorized surety company, which said bond
sfiall be in the sum of $17,600.00 'and approved in form by the City Attorney
of Chula Vista. The condition of the bond shall be that it shall become null
and void whenever second party complies with the provisions o£ P.r tic le III of
this agreement.
P.RTICLE IV
IbfPROVEMENT OF PROTION OF MELROSE AVENUE, QUZNTARD
' ~ STREET`TO NORTHERLY LINE OF PARCEL N0, 4, QUARTER
SECTION 92, RANCHO DE LA NACION
1. Second. party hereby agrees to undertake and complete and to pay
for all labor and materials in connection with the improvement of a po otion
of Melrose Avenue beginning at Quintard Street and extending southerly to the
- northerly line of Rien stra Street. Said right-of-way shall be 60 feet wide
with a~40 fool. paved travel way.
2. The said improvements shall consist inter alia, of grading, installing,
- surface, curb, gutter .and side walks, all in accordance with improvement plans
to be filed with the City Engineer amd approved by said City Engineer.
3. Second party hereby guarantees all said ~~blic improvements fora
' - ~. period of one (1) year. from the date of final acceptance by the City Engineer.
' 4. Princess Park Estates, Inc., hereby agrees to construct and
- complete and to pay for all Labor and materials in connection ~therew ith, the
said portion_of Melrose Avenue in accordance with the said plans to be filed
with referral to Section 2 hereof. Such construction shall consist of grading,
installing base and surfacing of the traveled roadway including curb and gutter.
.-_ Such improvements shall conform to. all of the applicable laws and ordinances
~. ~ ~ of the City of Chula Vista or the State of California, and the directions of
proper officials of the City of Chula Vista as may be applicable thereto and
the plans for such improvements as shall be filed in the office of the City
Engineer.
5. Second party agrees to construct and install said poOtion of Melrose
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Avenue at such time as that portion of Princess Manor Subdivision lying
westerly of the freeway No. 241 right-of-c:ay has been subdivided and final
maps approved relative to said subdivision by the City of Chula Vista or whenever
final maps have been approved by the Ci[y of Chula Vista in connection with
said subdivision providing for 450 residential building lots or more or
with nn. two years of date hereof, which ever happens first. ~,~
6. Princess Park Estates, Inc., agreestao indemnify, protect and hold
harmless the City of Chula Vista from any and all claims of liability or damage
for personal injury, property damage, labor ~or material claims which may be made
against the Ctiy-of Chula Vista by reason of the work and installation of the
improvements hereinbefore provided in Section '4 Second party further agrees
upon written demand therefor, at its cost and expense, to maintain in force
during all construction or work incidental to construction of said improvements,
an insurance policy or policies in a responsible insurance company, approved
by the City Engineer, insuring both the second party and the City of Chula Vista
against Liability for damages whichmay be occasioned to any person or property
property in connection with or as a result of the construction work and work inci-
dental to construction hereinabove referred to with a coverage of not less than
$100,000.00 for injury or death of any one person and not less than $200,000.00
to more than one person in any one accident and not less than $5,000.00 for damage
to property.
7. As a guarantee and as security for itsfull and faithful per £oomances
in complying with all the requrcements for the completion of said street
improvements, second party agrees to deliver to the City of Chula Vista a good
and Buff icientbond executed by an authorized surety company, which said bond
shall be in the sum of $80,000.00 and approved in form by the City Attorney
of Chula Vista. The condition of the bond shall be that it shall become null
and void whenever second party complies with the provisions of Section IV of
this agreement.
ARTICLE V
SANITARY SEWEP,-UNIT N0. 1 TO MAIN STREE;', OTAY
1. The second party agrees to undertake and complete and to pay for
all labor and materials in connection therewith on or before July 7, 1967,
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ali thenecessary work and installation of a sanitary sewer no less than a 8"
connecting Unit No. 1 of Princess Manor Subdiv ision with the sanitary sewer. located
in Main Street, Otay, to be constructed by Montgomery Sanitation District.
Said work and installation shall be in full conformity of the ordinances of the
Ctfy of Chula Vista, the ordinances of the County of 'San Diego, the Laws of the
- State of California, the direction of proper officials of the City of Chula
Vista and of the County of SanD iego, all as may be applicable thereto.
- 2. Prior to the construction of said sanitary sewer, second party
agrees to file with the City Engineer plans and specifications of the construction,
route and termini of said sewer as may be required by the said City Engineer and
subject. to approval of said City Engineer.
3. Princess Park Estates, Inc., agrees to indemnify, protect and hold
harmless the City of Chula Vista from any and all claims of liability or damage
forpersonal injury, property damage, labor on material claims which may be
made against the City of Chula Vista by reason of the work and installation of the
improvements hereinbefore provided in Section 1 Second party further
agrees, at its cost and e;:pense, to maintain in force during the construction
or work incidental to construction of said improvements, an insurance policy
or policies in a.responsih le insurance company, approved by the City Engineer,
__.,'. _. ~ -;- insuring both the second party and the City of Chula Vista against liability for
damages which may be occasioned to any person or property in connection w?th~~
~._ ~, .~'~~ ~ or as a result of the construction work and work incidental to construction
hereinabove referred to with a coverage of not less than $100,000,00 for
injury or dezth of any one person and not less than $200,000,00 to more than one
person in any one accident attd not less than $5,000.00 for damage to property.
4. ~As a guarantee and as security for tts full and faithful performances
in complying with ali the requirements for the completion of said sewer improvements,
'~~, second party agrees to deliver to the City of Chula Vista a good and sufficient
- bond executed by an avthotized surety company, which said bond shall be in the
sum of $36,000,00 and approved in form by the City Attorney`Sf Chula Vista.
The condition of the bond shall be that it shall become nulland void whenever
second party complies with the provisions of Article V of this agreement.
- ARTICLE VI
ACQUISITION OF STREET RIGHT-OF-WAY
1. Second party hereby agrees to attempt to obtain ownership of any
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and all necessary right-of-ways, including slope rights for all improvements
referred to in Sections I, II, III, IV, and V hereinabove. Upon 10 days
written notice to perform by the City of Chu 1a Vista to the second party,
the second party agrees to provide the City of Chula Vista with necessary
appraisals, condemnation guarantees and such other information as the City of
Chula Vista may require to condem any or alI-of said right-of-ways, and the
City of Chula Vista agrees to condem necessary right-of-way,.
2. Second party further agrees to deposit with the Gity o£ Chula
Vista in the form of cash and upon demand by the said City of Chu:lA Vista ss
may be required from"time to time, necessary funds to deposit with the Court
as security and/or for the payment of any and all incidental costs, including
any judgment or settlement in connection with such condemnation.
3. A security for the performance of Section 2 hereinabove,
Princess Park Estates, Inc., agrees to deposit with the City of Chu La Vista the
sum of $50,000.00, said deposit to be eitY.er in the form of cash or in lieu of
such cash deposit, a letter of credit subject to the approval of the City Attorney
of Chula Vista as to form, such deposit to be made on or before August 1, 1964.
4. In connection with the ac qss isition of right-of-way for the portion
of Pte lrose Avenue lying outside the boundary of Princess Manor Subdivision, second
party agrees that if it is unable to obtain such right-of-way by pruchase
within 60 days after its duty to construct said portion of'Melrose Avenue has
accrued, the City of Chula Vista shall obtain such right-of-way by condemnation
and second party agrees to pay all costs. therefor as hereinabove described
in paragraph 1.
ARTICLE VII
GENERAL PROVISIONS
1. The execution of this agreement shall 'be a condition precedent
to the approval o£ Princess Manor Subdivision Unit No. 1 and the City
Engineer and the C ity Attorney are hereby authorised to withhold their -
signatures on the said final map of Unit No. 1 until such agreement is executed
apd necessary bonds liave been posted. ,
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2. The faithful performance of the various stipulat tons and
conditions herein required by second party to be performed as same shall
have accrued shall be conditions precedent to the approval of the final map
of any subsequent unit of said Princess Manor Subdivision.
3. The various Articles of this agreement shall be considered as
separate and severable agreements and the same are included in one document
only as a matter of convenience.
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DATED: ~-.~ Y PRINCESS'PARK ESTATES, INC.
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~auis Fe11er,JPresident
Ralph E Spaid, ecretary-Treasurer
CITY OF CHULA VISTA, CALIFORNIA
Approved as to form and 1e ga lity
C y [-,t torney for the City
u1a Vista, California
ATTESTED T0:
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C ify 'C`lerk o£ the City of Chula
Vista, California
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3. As a guarantee and as security for the~paymeht of all material
and labor claims for the completion of all said improvements, the
Second Party, shall deliver to the said City of Chula Vista a bond in
the. sum of $ 110,000.00 by its terms made to inure to the benefit
of laborers and materialmen,. for labor and material performed or fur-
nished in the performance of this agreement.
4. Upon the execution by Second Party of this contract and the
posting of bonds as herein provided, the City agrees to approve the
final map of said subdivision and accept the same for recordation.
PRINCESS PARK ESTATES, INC.
DATED: `Julie: ,23,(YGy
CI T~Y~ O F ~CHnULA DVIpS T'A, /JCALIFORNIA
d
Approved as to form and legality:
/~ ~
ity Attorney for the City of
~ Chula Vista, California
ATTESTED TO:
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City~23erk of the"City"of Chula
Vista, California
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