HomeMy WebLinkAboutReso 1987-12976 RESOLUTION NO. 12976
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 87-2, GENTRY VILLAS, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREET DEDICATED ON
SAID MAP, AND APPROVING AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
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 87-2, GENTRY VILLAS, and more
particularly described as follows:
Being a subdivision of a portion of 10 acre Lot 8 in
Quarter Section 150 of Rancho de la Nacion, in the City
of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 505, filed in
the office of the County Recorder of said San Diego
County on March 13, 1888
Area: 1.332 acres No. of Lots: 1
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
"E" Street as shown on said map and said street is hereby
declared to be a public street 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.
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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 improvement
agreement dated the 9th day of April, 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 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
fphn P. L~pp~t, Director of T~.omas J./[~rron, City
~ublic Works/City Engineer ~-~ttorney
2752a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of April
19 87 , by the following vote, to-wit:
AYES: Counci]members McCandliss, Cox, Moore, Nader, Malcolm
NAYES: Counci] members None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members None
~the City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, California,
DO HEREBY CERTIFY thor the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12976 ,ond that the same has not been amendedor repealed.
DATED
City Clerk
CIIY OF
CHUI. A VISTA
CC-660
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 9th
day of April , 1987 , by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
GENTRY VILLAS, LTD., a California Limited Partnership, 555 K
Street, Suite N, Chula Vista, California 92010, hereinafter
called "Subdivider";
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
GENTRY VILLAS 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
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 by the Planning Commission, subject to
certain requirements and conditions, as contained in Planning
Commission Resolution No. PCS 87-2, approved on the 17th day of
December, 1986, and
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WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Construction Permit PC-358, on file in the office of the
City Engineer, 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 Twelve
Thousand Dollars and NO Cents ($12,000.00).
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 the recordation of
the map of said subdivider.
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.
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5. It is expressly 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.
6. Subdivider has provided a street surface improvement
one job bond in the amount of Twelve Thousand Dollars and No Cents
(~12,000.00) to secure the public improvements as required by the
construction permit.
7. 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.
8. 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.
9. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials 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.
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10. 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 tne 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.
11. 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. 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 conatruction 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. 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.
12. Subdivider agrees to defend, indemnify, and hold
harmless the local agency or its agents, officers, and employees
from any claim, action, or proceeding against the local agency or
its agents, officers, or employees to attackt set aside, v0idt 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.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE C~OF CH~A VISTA SUBDIVIDER:
GENTRY VILLAS, LTD., A CALIFORNIA LTD. PARTNE~SH~
· /~ ~, BY GENTRY CONSTRUCTION CO, THE GENERAL PARTNER
Mayor of~/th~ City of'Chula BY B. I. GENTRY CONSTRUCTION CO., INC.
Vista ~--] , ~Y2/~LLY I .~E~____/~
Approved as to form by
(Attach Notary Acknowledgment)
2745a
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STATE OF CALIFORNIA ) SS
COUNTY OF S~ll DIEGO )
ON April 9, 1987 , before me, the undersigned, a Notary Public in
and for said State, personally a.ppeared Billy I. Gentry'
personally known to me (or p~ved to me o~ the basis of satisfactory evidence)
to ~ the person who executed the within .instrument as President qn behalf of
B. I. GENTRY ~ONSTRUCTION COMPANY, INC.,the corporation therein named, and
acknowledged to n~ that said corporation executed the within instrument pursuant
to its by-laws or a resolution of its board of directors, said corporation being
known to ~ to ~ one of the Partners of GENTRY CONSTRUCTION CO., the partnership
that executed the within instrument and acknowledged to me that it executed the
sa~ as a general partner of the partnership first a~ve-named, that such partner-
ship executed the sa~ a~General Partner of GENTRY VILLS, LTD. acknowledged
to me that such corporation executed the same as such partner in such first'partner-
ship executed the same as ~uch General Partner and that such second partnership
executed the same..WITNESS ~ hand and Official
RUTH A. ~CALLON
L .~? ~INCIP~ O~F)C~ IN J
~ ~mm. Ex)~m~ ~r. 1~. ~)90
STATE O~ ~,I.I~ORNIA ) SS
COUNTY OF SAIl DIEGO
ON April 9, 1987 , before me, the undersigned, a Notary Public in
and for said State, personally appeared Thoma.s ~. Gentry
personally known to me (or proved to ~ on the bas~s of satisfactory evidence)
to be the person who executed the within instrument as P~esident on behalf of
T, W. G~NTRY, INC, , the cor~ration therein named, and
acknowledged to rae that sa-id corperation executed the within instrunlent pursuant
to its by-laws or a resolution of its board of directors, said cor~ratlon ~ing
known to me to ~ one Of the Parthers of GENTRY CONSTRUCTION CO., the partnership
that executed the within instrument and acknowledged to ~ that it executed the
same as a general partner of the partnership first above-named, that such partner-
ship executed the same as General Partner O~ENT~Y VTHa~ ]Tn acknowledged
to me that such corporation executed the same a~ soc~'~a~-t~q~~' in such first partner-
ship executed the same as such General Partner and that such second partnership
~ ~:~o ~o~ '~ 'N~A~Y PUBLIC
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' -~ ,MAP 505 ,~ ~HULA VISTA -
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,~ VICINITY MAP [ ~'~ CHULA VISTA TRACT ~7 -2
GENTRY WLLAS