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HomeMy WebLinkAboutReso 1985-12013 RESOLUTION NO. 12013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC. dba THE VILLAGE COMPANY TO REDUCE THE AMOUNT OF BONDING FOR PUBLIC IMPROVEMENTS IN HIDDEN VISTA SUBDIVISION (TERRA NOVA) AND REPAIR OF 96" CAST-IN-PLACE DRAINAGE CULVERT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~4ENT The City Council of the City of C~ula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreenent between THE CITY OF CHULA VISTA, a municipal corporation, and FINANCIAL SCENE, INC. dba THE VILLAGE COMPANy to reduce the amount of bonding for public improvements in Hidden Vista Subdivision (Terra Nova) and repair of 96" cast-in-place drainage culvert dated the 7th day of May , 198 5, a copy of which is attached ~ a~nd ihcorpor~ted herein, 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 fubh~i~'~ ~e~f Q~omas Jr F~on, City ~Attorney{~/ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day o[ May 19 85 , by the following vote, to-wit: AYES: Councilmembers Noore~ McCandl±ssr Scott. NAYES: Councilmembers None ABSTAIN: Council members cox ABSENT: Counci 1 members Malcolm .oyo, or of c,ulo vist0 City Clerk ~,' STATE OF CALIFORNIA ) COUNTY OF SAN DIEC~ ) 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above ond foregoing is o full, true and correct copy of RESOLUTION NO. 12013 ,ond thor the some has not been amended or repealed. DATED (seal) City Clerk CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC. DBA THE VILLAGE COMPANy TO REDUCE THE AMOUNT OF BONDING FOR PUBLIC IMPROVEMENTS IN HIDDEN VISTA SUBDIVISION THIS AGREEMENT, made and entered into this 7th of May day , 1985, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and FINANCIAL SCENE, INC., a California corporation dba THE VILLAGE COMPANY, hereinafter called "Subdivider"; W I T N E S S E T H : WHEREAS, the City and Subdivider halve previously entered into a Subdivision Improvement Agreement for Chula Vista Tract 80-15, Hidden Vista Village, and WHEREAS, as part of the Subdivision Improvement Agreement, the Subdivider was required to construct public improvements and to bond for this work, and WHEREAS, the Subdivider posted a bond for ~3,690,000 through American Insurance Company of New Jersey - Bond No. SC 731-12-92, and WHEREAS, the public improvement work has been completed with the exception that certain corrective work must be performed involving the replacement of a 96" cast in place culvert pipe with reinforced concrete pipe at Stations 0+00 to 0+80 where some cracking has occurred, and WHEREAS, the engineer,s estimate of the replacement work totals ~250,000, and WHEREAS, the Subdivider is the successor in interest to a joint venture between Financial Scene, Inc. and Watt Industries. follows: NOW, THEREFORE, IT IS MUTUALLY understood and agreed as 1. Subdivider agrees to make the necessary repairs to the double barrel 96" cast in place pipe between Stations 0+00 and 0+80 as shown on Improvement Plan for Storm Drain "A", sheet 56, plan numbered 81-66 on file in the office of the Chula Vista City Engineer. Said repairs will be made as proposed by Sheppardson Engineering Associates, Inc. and will be monitored every six months for two years from the date of this agreement. 2. Subdivider guarantees removal and replacement of said pipe with 96" reinforced concrete pipe and appurtenant related structures should failure to the existing pipe occur within a two-year period. 3. Subdivider agrees that all work shall conform to the City of Chula Vista specifications and standard drawings. 4. City agrees to the reduction of the bond from ~3,690,000 to $250,000 which bond shall be in effect for two years after the completion of the repairs described above. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove set forth. THE CITY OF CHULA VISTA FINANCIAL SCENE, INC. dba THE VILLAGE COMPANY ~/// City Clerk J - y Approved as to form by