HomeMy WebLinkAboutReso 1982-10926
'ECOROfNG REQUESTED BOY
ii.;cise f\eturn To;
.. . M Fu]asz City Clerk
JennIe. ,
P. 0. Box 1087
Chula Vista, California 92012
tJ .......
15'9
82-217613
r--- ~;'~:- !~, ...., :~,: :-, r. r ~" -,....-..,
I . ".."l_" ,.I..J I:.j ,
OFFfCl/.! RiCCf'OS
OF SAN ii':~O Ci';"I':.'("c" !
..._l..i \}I".., 1 . . h.1
/982 JUL 15 PM 12: 3 j
li\!;:"p~.! 1.1\;" ,
f ~._, .F, .... ~,_ ~ L <0.
11 f 1 . f" ~ --, ,~'."1'
COU,~, l' "... (,.;i~E~
RESOLUTION NO. 10926
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VrSTA AND L & H PROFESSIONAL CONSULTANTS, INC. FOR
INDEMNIFICATION RELATIVE TO DRAINAGE RESULTING FROM
CHULA VISTA TRACT 79-15, VILLA SAN MIGUEL
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
NO FEE
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and L & M PROFESSIONAL
CONSULTANTS, INC. for indemnification relative to drainage resulting
from Chula_-Yista Tract 79-15, Villa San Miguel
~,,-,'---
dated the "fr7th day of May , 19~~_-, a copy of which
is attached hereto and incorporated 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
#~.(~
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
George D. Lindberg, City Attorney
f(-/IJ9c2J;
160
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th
19 82, by the following vote, to-wit:
day of
July
Councilmen
Cox. Malcolm, Moore, McCand11ss
None
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Col.l'lcilmen
None
Councilmen
Scott
Isl Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST /s/ Jennie M. Fulasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
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. 10926
,and that the same has not been amended or repealed.
DATED
July 12, 1982
(seal)
fJ~?u// 0J(JiU~
City Clerk
I-
CC-660
161
- ,
C:,.:I
\:/ ,~.; -r, .
h...;" ~~
" , ') ,',
\,..I .v,', t'....J '~}
I",
3/
INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT is entered into this
17th day of May, 1982, by and between the CITY OF CHULA VISTA,
a Municipal corporation (hereinafter referred to as "the
City"), and L & M PROFESSIONAL CONSULTANTS, INC., a California
corporation (hereinafter referred to as "Developer"), on behalf
of itself and its successors in interest as owner of that cer-
tain property known as VILLA SAN MIGUEL, located at 734 Hilltop
Avenue, Chula Vista, and more specifically described in Exhibit
"A" hereto. This Agreement is entered into with reference to
the following facts:
A. Developer has filed with the City a Tentative
Subdivision Map designated as Chula Vista Tract No. 79-15.
B. The City has required, in its Resolution 9540
passed by the City Council on March 27, 1979, at Paragraph 4,
that Developer in the fist instance and his successors in
interest thereafter, hold harmless and indemnify the City from
any liability resulting from drainage from the above-described
property, and defend the City in any lawsuit brought in connec-
tion therewith.
C. In satisfaction of the above-described condition
contained in said Resolution approving the Tentative Map, the
parties are desirous of entering into this Ageement on the
terms and conditions set forth.
WHEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Indemnification. Developer hereby agrees to
indemnify the City against, and hold it harmless from, any
liability resulting from unlawful drainage from the real
property to the neighboring properties resulting from the
proposed development. In addition thereto, Developer agrees to
cause the City to be defended in any such lawsuit to the extent
it relates to such drainage. This Agreement shall be binding
upon Developer's successors in interest as set forth herein,
and shall be referenced in the Covenants, Conditions and
Restrictions to be imposed upon the subject real property.
2. Consideration. In consideration for the cove-
nants contained in Paragraph 1 above, the City hereby agrees
that the execution of this Agreement by Developer shall satisfy
the condition contained at Paragraph 4 of the above-described
Resolution of the City Council of the City of Chula Vista for
the purpose of allowing recordation of the Final Map concerning
the subject development.
R -It) ?..l'
16.'),
'....- ~
3. Successors in Interest. Upon the valid incorpor-
ation of a homeowners' association governing the common area
contained in the subject development, pursuant to Covenants,
Conditions and Restrictions affecting all of the property
located therein, said homeowners' association shall execute a
copy of this Agreement. Such execution shall constitute the
ageement and warranty of said homeowners' association to meet
and satisfy all obligations undertaken by Developer in
Paragraph I above. Following such execution, and the transfer
of title by Developer to the last of the lots con- tained in
the above-referened subdivision, Developer shall have no
further responsibility or obligations under this Agreement, and
same shall be assumed in totality by the homeowners'
association.
4. Maintenance Responsibility. The homeowners'
association shall, pursuant to the Covenants, Conditions and
Restrictions placed of record, have the responsibility for
maintaining the subject real property in good condition, and
taking all necessary precautions to insure that no damage is
done to neighboring properties as a result of drainage in
excess of that permitted by law.
WHEREFORE, the parties hereto have executed this
Indemnification Agreement this 17th day of May, 1982.
THE CITY OF CHULA VISTA
~rtle khe~~yCxChUla
Vista
---""-'~'..,,"~._-
SS IONAL CONSULTANTS"" INC.
~'~'---...
,
.-----
By
LEON DEICAS, President
-2-
163
EXECUTED PURSUANT TO PARAGRAPH THREE OF THAT CERTAIN
INDEMNIFICATION AGREEMENT DATED MAY 17, 1982
THIS /w.DA.Y OF , 198 ,
BY t;-~~ _~~:MEOWNERS ASS~~IATION
, President
-=-:.~~~
, Secretary
~ as :to form by.
~",*"J~J
Thomas J. Harron
Assistant City Attorney
/(7/" / Of/.?- Y
t - ICf,ftr
-3-
RESOLUTION NO. 10926
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND L & H PROFESSIONAL CONSULTANTS, INC. FOR
INDEMNIFICATION RELATIVE TO DRAINAGE RESULTING FROM
CHULA VISTA TRACT 79-15, VILLA SAN MIGUEL
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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and L & M PROFESSIONAL
CONSULTANTS, INC. for indemnification relative to drainage resulting
from Chula Vista Tract 79-15, Villa San Miguel
dated the 17th day of May , 19 82 , a copy of which
is attached hereto and incorporated 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
, City
George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th day of July
19 82, by the following vote, to-wit:
AYES: Councilmen Cox, Malcolm, Moore, McCand1iss:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
None
Councilmen
None
Councilmen
Scott
ATTEST iZ4M?/;, 2llryfbr
(:/ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
RESOLUTION NO. 10926
, and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660