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HomeMy WebLinkAboutReso 1997-18726 RESOLUTION NO. 18726 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 96- 06, VISTA DEL MAR WHEREAS, the developer, DBL D FISH, has executed a Supplemental Subdivision Improvement Agreement for Chula Vista Tract 96-06, Vista Del Mar, which includes the following provisions: 1. In satisfaction of Condition No. 7 of Resolution No. 18553, the developer agrees to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Code Section 15.36.030, the developer agrees to install, test and operate all fire hydrants prior to the delivery of any combustible materials. 2. In satisfaction of Condition No. 23 of Resolution No. 18553, the developer agrees to enter into an agreement to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Subdivision Map Act, provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperate in the defense. 3. In satisfaction of Condition No. 24 of Resolution No. 18553, the developer agrees to enter into an agreement with the City wherein the developer agrees to defend, indemnify and hold harmless the City, its agents, officers and employees from any damage, expense, claim, liability or cost (including attorney's fees) arising from any liability for erosion, siltation, or increased flow of drainage resulting from this project. 4. In satisfaction of Condition No. 25 of Resolution No. 18553, the developer agrees to enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. The developer may restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 5. In satisfaction of Condition No. 28 of Resolution No. 18553, the developer agrees to comply with all applicable Federal, State, and local laws, and all regulation including, sections of the Chula Vista Municipal Code and the Uniform Building Code. Resolution 18726 Page 2 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 96-06, Vista Del Mar, a copy of which is on file in the office of the City Clerk as Document No. CO97-091. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Resolution 18726 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of July, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~:3n, Mayor ATTEST: Beverly AfAuthe~et, City Clerk ' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18726 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of July, 1997. Executed this 15th day of July, 1997 Beve~rly.Authelet, City ~lerk