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HomeMy WebLinkAboutReso 1990-15464RESOLUTION NO. 15464 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 85-5, LAS BRISAS DEL MAR, UNIT l, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE DRAINAGE UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND REJECTING THE SEWER EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 85-5, LAS BRISAS DEL MAR, and more particularly described as follows: PARCEL 1 The Southerly 19.80 feet of the Northerly half of 20 acres Lot 3 and the Southerly 19.80 feet of the Northerly half of the Northwesterly Quarter of 40 acre Lot 2, all being in Quarter Section 135 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the office of the County Recorder of San Diego County, May 11, 1869, excepting therefrom that portion lying Westerly of a line described as follows: Commencing at the Southwesterly corner of Lot 6 in Block 1 of Sweetwater Valley Industrial Park, according to Map thereof No. 4670, filed in the Office of the County Recorder of San Diego County, November 25, 1960; thence along the Southerly line of said Map No. 4670, North 70 50'22" East, 68.00 feet to the Northeasterly corner of land described in deed to the City of Chula Vista recorded March 26, 1974 as File No. 74-074802 and being the True Point of Beginning: thence South 19 09'38" East, 19.80 Feet to the Southerly line of the Northerly half of said 20 acre Lot, also excepting therefrom the interest in and to that portion as conveyed to the City of Chula Vista by Quitclaim Deed recorded June 29, 1961 as File No. 111644. Resolution No. 15464 Page 2 PARCEL 2 Lot 1 of Darling's Subdivision, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 1612, filed in the Office of the County Recorder of San Diego County on December 1, 1913, being a subdivision of the South one-half of the Northwest Quarter and the North one-half of the Southwest Quarter of forty acre Lot 2 in Quarter Section 135 of Rancho De La Nacion. Excepting therefrom the Northerly 135.00 feet of the Easterly 50.00 feet of said Lot 1 as further delineated on Sheets 2 and 3. No. of Lots: 5 No. of Dwelling Units: 4 Area: 3.05 acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of drainage facilities and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby rejects on behalf of the City of Chula Vista the easement with the right of ingress and egress for the construction of sewer facilities, all as granted and as shown on said map within said subdivision subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 23rd day of January, 1990, for the completion of improvements in said subdivision, a copy of which is attached hereto and by 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 Approved as to form by ~r/LLof Public WP~Pi~ork Resolution No. 15464 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None re o . Cox, Maydr ATTEST: A let, 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. 15464 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 23rd day of January, 1990. Executed this 23rd day of January, 1990. Resolution No. 15464 Page 4 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of January , 19~ 9Q , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and LAS BRISAS DEL MAR, LIMITED, 1060 Eighth Avenue, Suite 405, San Diego, Ca. 92101 hereinafter called "Subdivider"; WITNESSETH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 85-5 (Las Brisas Del Mar) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista ~4unicipal Code relating to the filing, approval and recordation of subdivision map, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either 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, 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 Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, 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 Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution NO. 12363 , approved on the llth day of February , 19 86 , and Form No. CA-410 Revised 3/87 -1- WHEREAS, complete plans and ~construction, installation and completion ent work have been prepared and submitted shown on Drawings Nos. 86-452 through 86-455 inclusive on file in the office of the City Engineer, and Resolution No. 15464 Page 5 specifications for the of said public improve- to the City Engineer, as 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 $99,400.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments 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 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 this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. 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 third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that 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 clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- Resolution No. 15464 Page 6 5. It is expressly understood and agreed to by Subdivider that, in the performance of said work, Subdivider will !onform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FORTY-NINE THOUSAND, SEVEN HUNDRED DOLLARS ($49,700.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security in the sum of FORTY-NINE THOUSAND, SEVEN HUNDRED DOLLARS ($49,700.00) to secure the payment of material and labor in connection with the installlation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification of completion by the~ City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto 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, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 Of the Chula Vista Municipal Code. -3- Resolution No. 15464 Page 7 11o It is further understood and agreed by Subdivider -that any engineering costs (including plan checking, inspection, aterials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. 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 Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable ' for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless the 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 acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification ~nd agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by 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 plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- Resolution No. 15464 Page 8 14. Subdivider agrees to defend, indemnify, and hold harmless the local agency or its agents, officers, and employees ~rom any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. agreement forth. THE~.OF CH: ~:A ,.' ._ ,, ,<7 ~ A' A~BS2 \~ '. ,, , "'(dC',U : ~'~ C~ty ~e k C r IN WITNESS WHEREOF, the parties hereto have caused this to be executed the day and year first hereinabove set SUBDIVIDER: LAS BRISAS DEL MAR,LIMITED, By its General Partner BY: IPG RESIDENTIAL DEVELOPMENT, INC., a ltor a corporation By: ~r~y Ro Approved-as to form by / C~fy ~t~orne¥' / (Attach Notary Acknowledgment) -5- Resolution No. 15464 Page 9 LIST OF EXHIBITS Exhibit "A" Improvement Security Form: Amount: - Faithful Performance Bond $49,700.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $49,700.00 Exhibit "C" Improvement Security Form: Amount: - Monuments: Bond $5,500.00 Securitiestapproved as to form and amount by " / ' ~ ~f/i y Attorney Improvement Completion Date: Three ~) years from date of Council approval of the Subdivision Improvement Agreement. 0156a -6-