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HomeMy WebLinkAboutReso 1987-12997a RESOLUTION NO. 12997a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 87-5, ORANGE TREE MOBILE HOME PARK, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION 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 87-5, ORANGE TREE MOBILE HOME PARK, and more particularly described as follows: A portion of Lots 8 and 9 of Thomas' Subdivision according to Licensed Survey's Map No. 9 filed in the office of the County Recorder of San Diego County on May 27, 1892 No. of Lots: 3 No. of Condominium Units: 154 No. of Non-Condominium Lots: 1 Area: 17.25 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 public the public streets, to-wit: A portion of Orange Avenue and Anita Street, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map; and that said public streets are accepted on behalf of the public as heretofore stated. 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. -1- BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the llth day of March 1987, 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 Jo~n P. Lip~itt/ ~irector of { T~Smas J. ~on, City Attorney P~blic Works/City Engineer 2660a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 21st d~ of. Aprii 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Nader, Malcolm NAYES: Council members None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers Moore ~ Clt-'~-~ vista ATTESTs,. City Clerk .... ~;: ,,:~. ~ ~ '!.]~i!: rATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12997a ,and that the same has not been amended or repealed. DATED City Clerk CI1Y OF CHUIA ¥1SIA CC~660 Revised 3/10/87 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this I I~day of ~(~L~Q~ , 1987, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ACQUISITION ASSOCIATION FOR ORANGE TREE MOBILE HOMEOWNERS, INC., 521 Orange Avenue, Chula Vista, Ca. 92011, hereinafter called "Subvdivider"; WI 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 subdivision map of a proposed subdivision, to be known as ORANGE TREE MOBILE HOME PARK 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 Municipal Code relating to the filing, approval and recordation of subdivision map, and %4HEREAS, the Code provides that before said map in 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 sub- divisions 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 all public improvements associated with this subdivision will be guaranteed by the City, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 12842, approved on the 12th day of December, 1986, and -1- 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, except as provided in an agreement, dated December 18, 1986, between the Subdivider and the Redevelopment Agency of the City of Chula Vista, attached hereto, and incorporated herein by reference, 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 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. Improvement plans are to be prepared by consulting eagineer retained by Subdivider. 4. All improvements required under the provisions of this contract as described herein are to be done on or before the second anniversary date of the recordation of the map of said subdivision. All public improvements associated with this subdivision will be guaranteed by the City. 5. 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. 6. It is understood and agreed to by Subdivider that, in the performance of said work, Subdivider will conform 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. .¸% 7. It is also understood and agreed 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, except as provided in an agreement, dated December 18, 1986, between the Subdivider and the Redevelopment Agency of the City of Chula Vista, attached hereto, and incorporated herein by reference, 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. 8. 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. 9. 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, demaads, 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. Said indemnification 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 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. -3- It is further understood and agreed that City shall not be an insurer or surety for the design or construction of any element of this subdivision pursuant to the Construction Phasing Plan nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction of the work or improvements as specified in this agreement except as it may be shown that said officers or employees specifically directed that said work or improvement be accomplished in a manner contrary to the wishes and desires of Subdivider and said objection has been filed in writing with the City Clerk of the City of Chula Vista. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by the City of such improvements required by this agreement. 10. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: ACQUISITION ASSOCIATION FOR ORANGE TREE MOBILE HOMEOWNERS, Mayor of[~h~; City of Chula VistaS_ ~ ~ ~ ~u-~ ~/ ~ City Clerk ~/ Approved as to form by 2642a (Attach Notary Acknowledgment) -4- Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF .San Die~ ss. Onthis _ 1 lt~h~_dayof ~[C'~L~'intheyear19~Z~,beforerne, theundersigned, a Notary Public in and for said County and State, personally appeared __ and -- ---- -- -- ---- personally known to me (or proved to me on the basis of satisfactory evidence) to be the XX×X×××XX×XXX~tr~t~'Ia~'XaVrfYdX×xxx×x×X×XX×X Secretary of the corporation therein named, and acknowledged to me that such corporation executed it. hand and official seal. --" LINDA £ XARHOS t ~ NOTARy PUBL~C'CALIFORNIA -LI~ EXAP, HoS SAN DIEGO COUNTY I MY C0~4. £XP. aUG 29,1990! Notary Public in and for said County and State AGREEMENT WITH ORANGE TREE MOBILEHO)IE PARK ACQUISITION ASSOCIATION FOR GRANT FOR PUBLIC IMPROVEMENTS This Grant Agreement {hereinafter referred to as "Agreement") is made and entered into as of the 18th day of December, 1986, by and between the Acquisition Association of--O-~ange Tree Mobilehome Owners, Inc., a California non-profit corporation, {hereinafter referred to "Grantee") and the Redevelopment Agency of the City of Chula Vista {hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantee has purchased all that certain property {hereinafter referred to as "Orange Tree Mobilehome Club") located at 521 OranGe Avenue, Chula Vista, California; and, - ~HEREAS, Grantee proposes to convert Orange Tree Mobilehome Club to resident ownership as an air space condominium; and, WHEREAS, certain improvements are being required by the City of Chula Vista to be made to Orange Tree Mobilehome Club as conditions to Subdivision Map approval which represent additional costs to the Grantee, said improvements and costs being delineated in Exhibit A, attached hereto and incorporated herein as though fully set forth; and, WHEREAS, the costs of these improvements represent an additional financial burden to the low and moderate income resident membership of the Grantee which would threaten the affordability of their housing circumstances in the proposed resident-owned Orange Tree Mobilehome Club; and, WHEREAS, the Grantor desires to assist those resident members of the Grantee to sustain the affordability of their housing circumstances in the proposed resident ownership of Orange Tree Mobilehome Club. NOW, THEREFORE, in consideration of the mutual covenants and promises of the party and in further consideration of the making of the Grant, the parties hereto agree as follows: 1. Purposes and Amount of Grant: Funds will be provided to the Grantee for the purposes and in the amount stated on Exhibit A of this Agreement, with a not-to-exceed amount of $188,000. 2. Payment of Grant: Grant funds will 'be paid to Grantee by Grantor upon presentation by Grantee to Grantor of valid invoices for work performed or deposits required by third parties and upon verification on behalf of the Grantor by the City Engineer of the City of Chula Vista of the validity and appropriateness of said invoices. 3. Approval of Costs: Prior to any expectation of or demands for payment of Grant funds, Grantee shall evidence to the satisfaction of the City Engineer of the City of Chula Vista, acting on behalf of the Grantor, that contracts and commitments creating those demands have been diligently solicited, negotiated, and executed in pursuit of the lowest responsible informal bid. 4. Adjustments to Grant: Grantor and Grantee acknowledge that the estimate of the total cost for the subject improvements is an estimate only and that actual costs may vary from that estimate. It is further acknowledged by the Grantor that if actual total costs, as approved by the City Engineer of the City of Chula Vista, exceed the amount approved in the Agreement, the Grantor will give favorable consideration to additional Grant funds as required. 5. .Repayment of Grant: The Grantee, and any all sucessors in interest, agree to repay within 60 days to the Grantor the entire amount of the grant created by this Agreement in the eventuality that Orange Tree Mobilehome Club does not convert to condominium ownership within two years of the effective date of this agreement or upon title transfer in the eventuality that the Orange Tree Mobilehome Club, subsequent to conversion to condominium ownership, is sold in aggregate within ten years of the effective date of this agreement. 6. Assignment: For value received under this Agreement, the Grantee assigns and transfers to the Grantor, as assignee, its legal representatives and assigns, for its and their use and benefit, any and all sums of money now due or owing to the Grantee, and all claims, demands, and cause or causes of action of whatsoever kind and nature, that the Grantee has had, now has, or may have against Merle Palmer and Ruth B. Palmer Trust or any other person or persons, whether jointly or severally, arising out of, or for, any loss, injury or damage sustained by the Grantee in connection with the physical condition and Fire Code compliance of the fire protection system of the 154-space mobilehome park commonly known as 521 Orange Avenue {Orange Tree Mobilehome Club) upon transfer of fee ownership of said property to the Grantee. This assignment is without recourse, and assignor does not guarantee payment of the claim hereby assigned. Assignor agrees, however, that in the event any payment under the claim is made to assignor, he will promptly transmit such payment to assignee. Assignor appoints assignee, his legal representatives and assigns, the Attorney of assignor with power to demand and receive satisfaction of the claim hereby assigned, and in the name of assignor, but at assignee's expense, to take whatever legal action may be necessary to enforce the claim. 7. No Third Parties Benefitted: This Agreement is made and entered into for the sole protection and benefit of Grantor and Grantee, their successors and assigns, and no other person or persons shall have any right or action hereon, or rights to the Grant at any time. 8. Notices: All notices required to be given hereunder shall be in writing and shall be delivered by first class mail, postage pre-paid, of the country of origin. All such notices shall be deemed to have been received 48 (forty-eight) hours after a copy thereof has been transmitted to the party to whom it is addressed, at the address indicated below for each party by written communication. GRANTOR GRANTEE Redevelopment Agency Acquisition Association of City of Chula Vista Orange Tree Mobilehome Owners, Inc. 521 Orange Avenue Attention: Paul Desrochers Chula Vista, CA 92011 276 Fourth Avenue Chula Vista, CA 92010 Such addresses may be changed by notice to the other party given in the same manner. 7. Now Governing Law: This Grant Agreement shall be governed in all respects by laws of the State of California, and where applicable, of the United State of America. 8. Counterparts: This Grant Agreement, or any amendments hereto, may be executed in multiple counterparts, each of which shall be deemed an original agreement and all of which when taken together shall constitute one agreement. 9. Amendment to Grant Agreement: This lending Agreement may only be amended in writing signed by both parties hereto. lO. Severability: In the event that any provision of this Grant Agreement shall be held to be invalid, the invalidity of the remainder of the terms shall not be affected thereby in any respect. ll. Attorneys Fees: In any litigation regarding this Grant ~greement, or any right or duty arising therefrom, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs from the other party. -3- 12. Heirs, Successors, and Assigns: The tems hereof shall be binding upon and inure to the benefit to the heirs, successors, and assigns of the parties hereto; provided, however, that Grantee shall not assign its rights hereunder in whole or in part without the prior written consent of Grantor and any such assignment without said consent shall be void. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. "GRANTOR" "GRANTEE" REDEVELOPMENT AGENCY OF THE CITY OF ACQUISITION ASSOCIATION OF ORANGE CHULA VISTA TREE MOBILEHOME OWNERS, INC., a ~~ ~ J~< California non-profit corporation By: , By: ~_~~_~ ~r~C-~ ~ ~e W. ~e~ III ' - . WPC 2608H Presi~t, ~d of ~recto~ ~q~l~e A. ~ly ~ Secret~ J~ ~, 1987 -4- EXHIBIT A GRANT AGREEMENT WITH ORANGE TREE MOBILEHOME PARK ACQUISITION ASSOCIATION PUBLIC IMPROVEMENTS AND IMPROVEMENT COSTS ELIGIBLE FOR GRANT FUNDING TO ORANGE TREF [IOBILEHOME O~JNERS, INC.: 1. Provide fire hydrants at a minimum distance of 400 feet apart within the park, the type and location of the hydrants subject to approval of the City Fire Department. $143,000.00 2. The developer shall construct street improvements to include, but not be limited to, concrete curb, gutter, sidewalk and asphalt paving along the frontage of the proposed Lot 3 and street lighting conforming to City standards on Orange Avenue and Anita Street. Location of proposed street lights shall be approved by the City Engineer and existing temporary street lights shall be removed. $ 23,000.00 ADDITIONAL ASSOCIATED COSTS ELIGIBLE FOR GRANT FUNDING TO ORANGE TREE MOBILEHOMF ~WNERS, INC.: 1. Civil engineering associated with improvements $ 17,000.00 2. Water system design review and installation and inspection. $ 2,000.00 3. City plan check and inspection of street improvements $ 3,000.00 WPC 2609H