HomeMy WebLinkAboutReso 1980-10404
RESOLUTION NO. 10404
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MAP OF CHULA VISTA TRACT 79-22,
BRIGHTWOOD CONDOMINIUMS, AND APPROVING AGREEMENT FOR
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 79-22, BRIGHTWOOD CONDOMINIUMS, and
more particularly described as follows:
Lots 2 and 13 in Block 1 of Brightwood, in the City of
Chula Vista, County of San Diego, State of California,
according to Map thereof No. 1432, filed in the Office
of the County Recorder of San Diego County, April 22,
1912.
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shawn 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, California.
BE IT FURTHER RESOLVED that that certain improvement
agreement dated the 20th day of February, 1981, 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
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George D. Lindberg, City'~ttorney
John P. Lippitt, City
Engineer
ADOPTED AND APPROVED BY THE CITY COUNCIL oF THE CITY OF
CHULA VISTA, CALIFORNIA, this
19'1'1 1 ,by the following vote, t01t:
24th
day of
February
AYES: COtMlCilmen Hyde, Cox, McCand1iss. Scott ~illm,'
None
NAYES; Councilmen
ABSTAIN: Cculcilmen None
ABSENT: Councilmen None
STATE OF CALIFORNIA )
COUNTY oF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
/, JENNIE M. FULASl, CMC, CITY CLERKot the City of Chura Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a fu/l, true and correct copy of
RESOLUTION NO. 10404
,and that the IOme has not been amended or repealed.
DATED
City Clerk
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Escrow No.
141
~DDITIONAL ESCROW INSTRUCTIONS
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'Date' February 20; 1981
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The previo~s in;;;tru'ctionsin the above numbered esc;olv are' hereby
and(orsupplementedin the following particulars only: "
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modified
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The amended instructions dated January 27,1981
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areherebY"ajne~ded' a's' ;',-,:, ,,'
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At the close of escrow, you are 'instructed to charge
Chula Vista Condos, Ltd.; the sum of $4,400.00 which
you are instructed to pay to the City of Chula Vista
for park fees. ' '
END OF INSTRUCTIONS.
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CHULA VISTA CONDOS, LTD.
a'Limited Partnership
BRIGHTWOOD ASSOCIATtS;
~ Limited Partnership
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Buyers
Signature
date
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FIRST NATIONAL BANK
February 26, 1981
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 92010
RE: Chula Vista Condo, Ltd.-Irrevocable Letter of Credit
Brightwood Project-Eugene York, General Partner
Gentlemen:
At the request and for the account of Chula Vista Condo, Ltd.,
Eugene York, General Partner, we establish in your favor our
irrevocable letter of credit in the maximum amount of FIFTEEN
THOUSAND SEVEN HUNDRED DOLLARS ($15,700.00 ) good until February
26, 1982.
This irrevocable letter of credit is available to you against
your sight drafts in duplicate drawn on First National Bank of
San Diego County, 410 "H" St., Chula Vista, California, accompanied
by your signed statement certifying that Chula Vista Condos, Ltd.,
has not completed the storage, carport and driveway approach impro-
vements as provided for in the agreement between Chula Vista Condos
Ltd. and the City of Chula Vista.
All drafts drawn must state "drawn under bank letter of credit dated
February 26, 1981, and properly endorsed by you."
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Approved as to form by
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George D.
City
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POST OFFICE BOX 1475 - CHULA VISTA, CAUFORNJA 92012 - TELEPHONE 426-5330
.KeV.L::ieu L./ .L-:J/ O..L
SUBDIVISION-CONDOMINIUM IMPROVEMENT AGREF~ENT
AND PROVISION FOR PAYMENT OF RESIDENTIAL
CONSTRUCTION TAX AND IN LIEU PARK FEES
THIS AGREF~ENT, made and entered into this 20th day of
February ,1981, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City" and EUGENE H.
YORK, as a partner of CHULA VISTA CONDOS LTD., a limited partner-
ship, 160 Brightwood Avenue, Chula Vista, California 92010,
hereinafter called "Subdivider";
WIT N E SSE T H :
IVHEREAS, 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 and condominium
conversion, to be known as CHULA VISTA TRACT 79-22, BRIGHTWOOD
CONDOMINIUMS, 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 maps and
Chapter 15.56 of the Chula Vista Municipal Code, and
.~EREAS, 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 further Subdivider shall have accomplished, or by
agreement with appropriate securities deposited with the City, a
guarantee of all those improvements in accordance with Chapter
15.56 of the Code, 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 improve-
ment work required by City in connection with the proposed
subdivision and those improvements required by Chapter 15.56 of
the Chula Vista Municipal Code as set forth herein and, further,
will deliver to City necessary sureties as approved by the City
Attorney to guarantee the accomplishrnen.t of said improvements, and
WHEREAS, a tentative map of said subdivision has hereto-
fore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 9818, approved on the
23rd day of October, 1979, and
WHEREAS, complete plans and specifications for the con-
struction, installation and completion of any required public
improvement work have been prepared, submitted to and approved by
the City Engineer as shown on Drawings Nos. (Not Applicable) and
on file in the office of the City Engineer, and
WHEREAS, the requirements as set forth in Chapter 15.56
of the Chula Vista Municipal Code and the estimated cost of said
improvements are as follows:
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A. Storage and carport improvements per approved
BRIGHTWOOD CONDOMINIUM conversion plans and oriveway
approach improvements.
B. The total estimated cost of improvements is
$15,700.00.
N~l, 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, and under the direction
and to the satisfaction and approval of the Director of Building
and Housing and the City Engineer of the City of Chula Vista,
those building improvements, landscaping and irrigation work as
required pursuant to Chapter 15.56 of the Chula Vista Municipal
Code.
2. Subdivider shall provide to the City the follONing
sureties in a form acceptable to the City Attorney and attached
hereto:
A. Letter of Credit for storage, carport and driveway
approach improvements in the amount of $15,700.00.
B. Pledge of escrON proceeds in the amount of $4,400.00
for payment of in lieu park fees to be paid to the
City of Chula Vista by Southern Cities EscrON Company
pursuant to escrow instructions marked Exhibit "A",
attached hereto and incorporated herein by reference
as if set forth in full.
3. It is expressly understood and agreed that Subdivider
will pay to the City of Chula Vista the sum of $5,485 for resi-
dential construction tax prior to or con~lrrent with the close of
the first escrow for the sale of any unit in said condominium
project and that no. certificate of occupancy shall be issued until
said payment of residential construction tax has been made.
4. It is expressly understood and agreed that Subdivider
shall have completed ~ll of the required improvement work 180 days
from recordation of the final map; provided, however, the City
Engineer and the Director of Building and Housing are authorized
to approve an extension of said completion time for an additional
period not to exceed 180 days with the understanding that no sales
of units may be undertaken and no certificates of occupanCy shall
be issued until all of the improvements required herein shall have
been. completed.
5. It is expressly understood and agreed that Subdivider
will notify all purchasers of units within the proposed condo-
minium of the commitments contained herein and that said
improvements as required herein should be accomplished prior to
occupany of any unit.
6. Failure to complete all work as required herein
within 180 days from recordation of the final map gives City
complete authority to utilize any and all of the amount of the
sureties posted to accomplish said purposes. Upon certification
of completion by the City Engineer and the Director of Building
and Housing, and after certification by the Director of Finance
that all costs thereof have been fully paid, the whole amount, or
any part thereof not required for payment thereof, may be released
to Subdivider or its succesors in interest pursuant to the terms
of the improvement surety.
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7. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chllla 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 surety in accordance with the requirements of
the State Subdivision Map Act and the provision of Title 18 of the
Chula Vista Municipal Code and Chapter 15.56 of the Chula Vista
Municipal Code.
8. It is understood and agreed that City, 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, in the performance of this
agreement. Subdivider further agrees to protect and hold harmless
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, in the performance of this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Said indem-
nification 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.
9. 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,
agreement to be executed the
forth.
the parties hereto have caused this
day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: EUGENE H. YORK, as
a partner of CHULA VISTA CONDOS LTD.
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