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HomeMy WebLinkAboutReso 1967-4302 (2)Form No. 352 RESOLUTION N0. 4302 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI5TA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN CHULA VISTA GARDENS SUBDIVISION UNIT N0. 2 AND AUTHORIZING THE MAYOR 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 DASS CONSTRUCTION COMPANY OF SAN DIEGO dated the 27th day of December 19 66 for the completion of improvements in the subdivision known as CHULA VISTA GARDENS SUBDIVISION UNIT NO. 2 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 .f ane e, y gineer Approved as to form by ~~~ George D, in erg, .City oz y ^ -1- ADO?iED ,'-iND APPRO~JED by thG CITY COCTNCIL of the CITY OF CHULA VISTh, CALIFORNTA, this 17th day of ~_ January ~~ 1967 by the fallowing vote, to-wit° AYES Councilmen.__Sparling, Sylvester, Anderson, McAllister, McCorquodale NAYES~ Couacilmer. None ABSENTo Councilmen None `~ _ayor of the Ci of China Vista ~ti ATTEST City Clerk STATE OF CALIFORNIA j COUNTY OF SAN DiEGG ss. CITY OF CHULA V?STA I, KENNETH P, C.g.~iEBEI,i.~., City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the abo:re ar.d foregoing is a full., true and correct copy of y and that the same has not been amended or repealed. DA'TED° City Clerk '~ 3 0 ~ CC-652 STATE OF CALIFORNIA STATE BOARD OF EQUALIZATION First DistENRscn Fra ~~:~o 1020 N STREET, SACRAMENTO, CALIFORNIA (P. O. BOX 1799, SACRAMENTO, CALIFORNIA 95808) 1Yir. Kenneth P. Campbell Chula Vista City Clerk P, 0. Box 547 Chula Vista, California 92012 Dear Mr. Campbell: JOHN W. LYNCH Second District, Fresno PAUL R. LEAKE Third District, Woodland RICHARD NEVINS Fourth District, Pasadena ALAN CRANSTON Controller, Sacramento H. F. FREEMAN Executive Secretary Feb. 17, 1967 Your 1 etter of Feb. l~, 196'7 This is to acknowledge receipt of the statement(s), filed as required by Section 5~-g00, et seq., of the Government Code by which Resolution No. 4302 withdrew territory known as Mahyls Sweetwater Valley Annexation , previously annexed to the City of Chula Vista, from the Bonita-Sunnyside Fire Protection District: x Legal description(s) of boundaries * Y~iap(s) showing boundaries *A map indicating the bound- x Resolution(s) No. 4302 ary of this withdrawn area Ordinance(s) No. was filed with this office Certificate(s) when it was annexed to the Other City of Chula Vista. The 1968 Board roll will reflect the action evidenced by the above statement(s) unless it is found to be inade- quate. If it is found to be inadequate or its validity for assessment or taxation purposes is questioned, we will bring such a situation to your attention. eo cc-Mr. E. C. Williams San Diego County Assessor V er my yours , ,' ~ ~ ~~-a'~r--- L . J. r~ASTMAN, Chief VAL TION DIVISION 4 30~ 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. 4302 of the City Council of the City of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authori2ed, the day and year first hereinabove written. THE CITY OF CHULA VISTA ~ra~~~~9~ ~- ' Ma SUBDIVIDER DASS CONSTRUCTION CO OF SAN DIEGO -T-.. Robert J; olkey V Vice President Aaron H. K key Secretary Improvement Completion Date: December 27, 1967 Improvement Securities for Subdivision Improvements: Form: Bond - Gen. Ins. Co. of America No. Amount: $42,000.00 Monuments: Form: Bond - Gen. Ins. Co, of America No. Amount: $1,200.00 Approved as to form by Ci Attorney ~cs~~~ v __ -_ (Corporation) STATE OF CALIFORNIA ~ SS. COUNTY OF San Diego On DPCember 27 1966 before me, the undersigned, a Notary Public in and for said l kgy State, personally appeared Robert J . Ko rc known to me to be the V1C2 President, and Aaron H . Kolkey known to me to be Sec tary of the corporation that executed the within Insa~umenq s known to me [o be the persons who a ecuted the ithin In trument behalf of the corporation therein ed, d acknowledged to me that s h corporation executed the 'thin ~ ~~~~i. ~ instrument pursuant to its bylaws or a resolution of its board ~w of directors. ~ ~ ARTHUR GRA'VT WITNE$5 m ~nd nd ode 'isea~ z'~° ~_. NOTAR'f PV6L'C C~urC RNIA _~^ PRIN CIPAt Or CE IN 1 l $AN ~i'eG0 CO L'tJTY Signature EL v ARTHUR GRANT Name (Typed or Printed) Ddp Commission Expires June 1°, 1968 (Tm. .r.a tw oad.l sa.n,t ..ao rviii rvv. -~i~ 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 is 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. 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- o£ 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 ldemnification 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- y3~a. to which ten percent (i0~j 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 munuments is attached hereto, marked "Exhibit B" and made a part hereof,. FOLLOWS: NOW, THEREFORE, IT IS MUTUAiLY UNDERSTOOD AND AGREED AS 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 development work required to be done ~n and adjoining said subdivision; and will furnish the necessary materials theref:,r, all ir. strict conformity and in accordance with the pla:.s and specifications, which documents have heretofore be_n filed in the office of the Cir_y Engineer and by this reference are incorporated herein and made a part hereof. It is expressly understood and agreed that all monuments have bezn or will be installed within 30 days after the completion and acceptance cf the required improvements, a.nd 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, December 27, 1967 whichever is the earlier, It is expressly understood and agreed that the subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of c]_earance for utility connections to the San Diego Gas and Electric Company for said buildings or structures in said subdivision, and such certificate shall not. be issued until the City Engineer has certified zn writing the completion of said public improvements or the protion thereof serving said buildings or' structures approved by the City, provided, however, that the improvement security shall not be required to saver 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 con- form 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 FORTY-TWO THOUSAND AND NO/100 DOLLARS ($ 42,00.0.00 ), which secu.r~ty 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 execu*_ion of this agreement, it will furnish and deliver to City an approved Improvement security in the sum of TWELVE HUNDRED DOLLARS ($ 1,200.00 ), to secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereof. 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, y~ba.. -z- SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 27th day of December 19 66 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and DASS CONSTRUCTION CQ OF SAN DIEGO 5837 El Cajon Blvd. 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 CHULA VISTA GARDENS SUBDIVISION, UNIT NO. 2 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 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 WHEREAS, a tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions contained in Resolution No. 4032 approved on the 5th day of April 19 66, 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. 66-66L thru 66-69L 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- EIGHT THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS (~38, 195.Od~ -1- y3o~