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HomeMy WebLinkAboutReso 1986-12688 RESOLUTION NO. 12688 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 12~ APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS 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 84-9, EASTLAKE I UNIT 12, and more particularly described as follows: Being a subdivision of a portion of Fractional Section 33 and a portion of Section 34, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula yista County of San Diego, State of California, according to the United States Government Survey approved October 25, 1883. No. of Lots: 1 No. of Units: 18 Area: 1.509 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 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. 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 said Council hereby accepts on behalf of the City of Chula Vista the easement with the right of ingress and egress for the construction and maintenance of sewer facilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that Subdivider hereby grants to Otay %~ater District the easement with the right of egress and ingress for the construction and maintenance of water facilities, all as shown on said map within said subdivision, subject to the conditions set forth thereon. -1- BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the ~u day of August, 1986, 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 t~t~that certain Supplemental Subdivision Agreement dated the day of August, 1986, providing for approval of the Final Map for EastLake I Unit 13 prior to approval of improvement plans, 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 Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Jo~n P. Lippi~t, Uitector of CLarles R. Gill, Assi§t-ant Pu lic Works/City Engineer City Attorney -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of August 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None ~City of Chula Vista ,/~" '"~ City Cler~-/ f STATE 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. 12688 ,and that the same has not been omendedor repealed DATE D ~ City Clerk CilY OF CHUIA VISI'A CC-660 364 /~ THIS AGRE~ENT, made and enter~ into ~i. ~6 ~day of Shoreham Place, Suit~ 260, San Diego, California ~2122 Council of the City of Chula Vista for approval and recordati~, a EAST~KE I UNIT 12 (Chula Vista Tract ~4-%~ to pursuant to the provision of the Su~ivision Map Act of the State of California, and in c~pliance with the provisions of Title 18 and recordation of s~division maps, and WHEREAS, the C~e provides that before said map Is finally approved by ~e Council of ~e City of Chula vista. public improvements and/or land devel~nt ~rk r~ulr~ by the s~divisio~s are approved by the Council for put.se of ~cording in the Office of the County Recorder of San Di~o County, or, as c~plete, free of liens at Su~ivider's own expense, all of ~e public improvements and/or land development wor~ requir~ in said Council. and approval and recordatioa of said map by the Council, to enter into this agre~ent wherein it Is provided that Su~ivider will ~nstall and complete, at Su~ivider's o~ ex~nse, all the public improve- and will d~liv~r to City improvement securities as approv~ by the City Attorney, and WHEREAS, a tentative ~p of said subdivision has heretofore been appro~ed~ subject to certain requirements and 17th day of February , 19 85 , and Form NO, CA.-410 Revised 12/82 . 9 365 for Sa~d bu~ld~Yn ~ca~ of C~ear&~lce for ut~l~t~ COnne e -2- ~ 366 5. it is expressly ~nderstood and agreed to by Subdi- vider 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 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 NINETY THREE THOUSAND THREE HUNDRED SEVENTY SIX DOLLARS ($93,376.00) which security shall guardntee street surface improvements 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 ap roved improvement security in the sum of (Not Applicable~ to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B' and made a part hereof. 8. Subdivider further agrees to furnish and delive, to the City of Chula %lsta, simultaneously with the executio~ of this agreement, an approved improvement security in the sum of FOUR HUNDRED DOLLARS ($400.00) (per private engineer's estimate) to secure the installation cf 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 compIe- tion of the public improvements within said subdivision in accordance with the specifica¢ions contained herein. Upon certi- fication 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 ~ount, or any part thereof not required for payment thereof, m~f 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 pa~ties hereto that in no case will the City of Chul~ "ista, or any department, board or officer thereof, be liable ~or any portion of the costs and expenses of the work aforesaid, nor sha~l any officer, his sureties or bondsmen, be liable for the payment Of any sum Or sum~ for said work or ;~ny m~terials furnished therefor, except to th~ limits established by the approved improvement security in accordance with the requirementm of the State Subdivision M~p Act and the provisions of Title 18 of the Chula vista Municipal Code. -3- ,-' 9 367 11. Zt is further understood and agreed by Subdivider that any engineering costa (includi~9 plan checking, inspection, City in connection with the approval Of the Improvement plans and the cost of street signs a~d stre.t trees as required by--C~ty and approved by ~)e City Engineer shall be paid by Subdivider, and that Subdivider shall have deoosited with City a sum of money ail improvements are fully completed and accepted by City, lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements acceptance of the work by City, Subdivider shall grant to City, by taking, nor Shall City, by said appr ,val, be sn ~neurer oF surety full force and effect for tea {lO) years following the acceptance -4- 368 IN ~ITNESS W~EREOF, the parties hereto have caused this agreement to be executed the day and year ficst hereinabove set forth. TBE CITY OF CHULA VISTA SUBDIVIDER: McKELLAR DEVELOPMENT OF Approved as to form by t o y (Attach Notary Acknowledg~nt) -5- 0 369 LIST OF EXHIBITS Exhibit "A' Improvement Security - Street Surface Improvement: A~ount: $93,376.00 Exhibit "E" Improvement Security - Material and Labor: (Not Applicable} Exhibit "C" Improvement Security - Monuments: Amount: $400.00 Securities approved as to form and amount by .* 0 370 SUPPLEMENT TO CEULA VISTA SUBDIVISION I~EOV~MENT AGEEEHENT ~ Supplement is made and entered into this ~..~ day of w 1986 by and between the City of chula Vista, EestLake Development Company, a Califo=nia limited pe~tnerehip, hereinafter called the 'Subdivider/' a final subdivision map of a propose~ nubdivision, to be known as EastLake I Unit 12 (chula Vista T act 84-9}, pursuant to th~! provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula -2- ,,~ 37~ 3 7 3 ~ SAFECO ~--...... -3- ,) 37; 7. The City r~se~ves the right, upon adequate notice to Subdivide~, to suspend the issuance Of building permits for residential dwelling units (or in the alternative sew.r hook-ups) for units which are served by a 9rarity sewer line in Bonita Long Canyon where the City determines that the then present facilities are inadequate to provide service to additional d~elling units from this subdivision. Such suspension of the issuance of building permits of sewe~ hook-ups shall be lifted upon EastLake Development Company's provision of security for the completion of the works of improvements Contemplated by vario~s agreements between EastLake Development C~mpany and HcMillin Bonita Long Approved as to form by: A,to~ney Ackncwledgement) I088a ~ 374 Reci____~als discharged prio. to the completion of .ar,ou. f[nanc,ng option. . ,0. 3?5 NOTTv THEREFORE~ THE PARTZES AGREE AS FOLLOWS: 1. Payment of the fees and Developer's covenants with ~ 376 with the City's parking standards in conjunction with the approval of the first Final Map for the EastLake Village community pa£k site in the location shown on the approved EastLake SPA upon City approval of either a Supplemental SPA or a jurisdiction of the City of Chula Vista south of Otay Lakes Road (Telegraph Canyon extension); and (v) make an irr~vocablee offer of dedication of one (1) acre of usable land for a fire station 5. Upon compliance with the conditions set forth in satisfy its obligations with respect to devel,~pment in the £astLake Hi]is and EastLake Shores area. or more of the financing program(s) as authorized by the Financing Plan, this Agreement shall remain in ,!ffect and the tions of the i~suance of building permits; provided, however, that the fees set forth in Exhibit 'A" shall be subject to an annual review by the City Council and may be adjus~ed by th,~ City 7. Nothing contained herein shall be de~!med to n,ndify, 8. This Agreoment shall not in any uny modify the 9. Such funds as ~re p~'d by Developer or others in conjunction with this Ag£eement shall be placed in an interest-bearing account and may be exp~nded only for the purposes of providing the public facilities seh forth in the Hills and EastLake Shores area shall be fo~ the referenced p~oject numbers; pro~ideF, howeYel, that to the extent the the fees established by the City in the Facility Financing Plan, the Developer shall be entitled to a cCedit. Such credit may ~e · may be taken as a one-time lump sum reimbursement due within thirty (30) days after the effective date of said City action. 11. Where Developer builds or causes to be build facil- Developer builds facilities prior to the time the facilities are Developer shall be graut~.d a credit to the extent that such or are constructed early. Said credit may be applied by building permits fo~ additional dwelling units in accordance with the equivalent dwelling unit fee structure to be established In ~ '~'°W~o~ o~ ~ ed this Approved as to idem. ~s~stant City Attorney 1089a · 0, 38O RI~SOLUTXON NO accordance with the terms of an adopted financing mechanism may be taken as a one-time lump sum reimbursement due within thirty (30) days after the effective date of said city action. Should the interim fees paid by th~- Developer be less than the amount set in the Facility Pinaocing plan, the Developer agrees tO pay the difference to the City. 11. Where Developer builds or cauSeg to be uild facil- capacity, length or where ities of excess or supplemental size, facilities a~e a~d IX of the Finl.ncing Plan~ Developer builds facilities prio~ to the time the facilities a~e of e) cess or PPaid credit may be applied by w~th~n 15 day ' idated provision affirms the bal- ance of th~s Agreement ln_.w~ to ~%di[y or suspend this Ag[e 13. Developer may transfer its r~ghts and obligations ~' City Attocney STATEI'C;~T OF A~IOU~ .OUE 3?9 (~te) Fmm: Engineering . . ~e fo}~o~tng fees or ~post[s are to ~ coi]ec[ed from: (Na~ of Payee or Na~ on Check) ~ ~ps, Plans, Etc, $ Subdivision Fees ]00-370~ $ ~ Stree~ S]~n Fees ]00-370~ S Street Light Fees 100-3740 $ :Street Treb ~p. 400-4013 $ Public Imp. Dep. 400-4009 $ Engineerin~ Fe~s $ Engineerin~ Fees 100-3742 $ ~.~0 Cash .ond Deposit ~~ ~. 400-401] $ Engineering Dep. DE~ 408~40~4 $ Otfi~r $_~ TOTAL ~OUHT ~CJty Engineer ~ D;~e~tor/~of Financ,~ Receipt ~o. PW-E-33 (Rev. 4-i4-83) 380 RESOLUTIOS NO. 1~688 RESOLUTION OF THE CITY COU'~CIL OF THE CITY OF CeULA VISTA APPROVING THE FINAL ~t%P FOR CHULA Being a subdivision o~ a portinn of -factional Base and Meridian, in the City of Chula yista of Supervisors of the county cf San Diego. said subdivision, subject to the conditions set forth thereon. Otay Water District. the easement with the right of egress and ingress for the construction and maintenance Of water facilities, condition~ set forth thernon. , ~. 38t BE IT FURTHER REsoLVED that that certain Subdivision bdiViSfo. Agreeme.t data~ th~,~ orYEastL&ke I U.it l~ ", /~OPTED AND ~Of K)VED BY TH[ CITY COUNCIL OF THE CITY OF CI4LILA ~41STA, CALIf'~NIA'It~"-~L~--"-~dOY of-- August Councllme~m's-- Cox, ~Tcal~, 14oors, (;smpbe11, ~Candllss _ NAIf-S: CouncS 1rashers ._~ns Counctlm~srs ..~ne__ i. 86 388255 '~ STATE OF CALIFORNIA ) ~y OF GHULA VISTA ) I, ,ff~NN~ Id. FUL.A~Z, G~, C~TY C~Efit~ of the City of Ch~a Vista, Cal~ia, DO H~£BY C~RTIPY that the above and torego~g is a full, true ond c:~'~aat ~ of RESOLUT]0H NO. 12GB8 _,0~qd that tha ~ame has not bean am~O~ repe~ed DATED-- -- -  City Clerk CHULA VISTA CC-660 ................