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HomeMy WebLinkAboutReso 1980-10448 c. ~ Revised 4/23/81 RESOLUTION NO. 10448 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHUrA VISTA TRACT 80-21, UNIT 1, BONITA CENTRE EAST, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, 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: Nav, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHUrA VISTA TRACT 80-21, UNIT 1, BONITA CENTRE EAST, and more particularly described as follows: Being a sUbdivision of a portion of Quarter Section 58 of the Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the Recorder of San Diego County on May 11, 1869. Gross Area: 3.000 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 shewn 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 Otay Lakes Road and a portion of Bonita Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts On behalf of the City of Chula Vista the easements with the right of ingress and egress for pedestrians and for the construction of sewer, drainage, street tree planting and public utilities, all as granted and shewn on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City CleIk 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, and that those certain easements with the right of ingress and egress for pedestrians and for the construction and maintenance of sewer and drainage facilities, street tree planting and public utilities as granted thereon and shewn on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City CleIk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervi sors of the County of San Diego, Cali fornia. -1- --- BE IT FURTHER RESOLVED that that certain improvement agreement dated the 21st day of April, 1981, for the completion 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 hereb[ approved. (yi 1ft< 7 of BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereb[ authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by ~ John P. Lippitt, Engineer City -/ -, ;; vi' ~::.. ~ ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this 198-1--, by the follONing vote, by the CITY 28th day of to-wi t: COUNCIL of the CITY OF April AYES: Councilrren Scott, Gi11ow, Hyde, Cox NAYES: Councilrren None ABSENT: Councilrren McCandlis 5 CUdJ2 --rIM ATTE~~Q-- --..... .l;;;/\::Z-~ Mayor of the City of Chula ~City C~ ;r- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolu tion No. 10.448 ,and that the same has not been amended or repealed. DATED City Clerk -,~ [1II{f -2- :S/f'O (~ 1'L ',1 SUBDIVISION IMPROVEMENT AGREEMENT Form No. CA-410 Rev. 8/76 THIS AGREEMENT, made and entered into this 21st day of Ap1:;i] , 19,--JU" by and between THE CITY OF CHULA VISTA, a munic1pal'corporation, here1nafter called, "City", and A&D Partnership, 4398 Bonita Road, Bonita, CA. 92002 hereinafter called, "Subdivider"; WIT N E SSE T H : the the the" Subdivision Map Act of the State of provisions of Title 18 of theChula filing; approval and recordation of WHEREAS, Subdivider is about to present to the City Council of of Chula Vista for approval and recordation, a final subdivision proposed "subdivision, to be known as BONITA CENTRE EAST UNIT 1 pursuant to the provisions of California, and in compliance with Vista Municipal Code relating to subdivision maps, and the City map of a 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'developmentwork 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 require- mentsof 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 sub- division 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 com- plete, 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,'Ci ty Attorney, and WHEREAS, a tentative map of said subdivision has, heretofore been approved, subject to certain requirements and conditions, as con- tained in Resolution No. 10173 , approved on the 8th day of July 19~, and WHEREAS; complete plans and specifications, for the construction, installation and completion of said public improvement work have been prepared, submitted'to and approved by'the'Director of, Public Works, as shown on Drawings No. 81-16 through 81-17 , on file in the Office of the Director'of Public Works, and WHEREAS, an estimate of the' cost of constructing said public improvements according to said plans and specifications has been sub- mitted-and approved'by the 'City, in the amount of THIRTY THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS ($30,400.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements 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 I{- / Off? -1- approval of the Director of Public Works, 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 Director of Public, Works 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 com- pletion and acceptance:of the required improvements, and that Subdivider has installed'or will install temporary street namepsigns 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 re- quired under the provisions of this contract to be done on or before the second anniversary date of the, recordation of the map of said sub- division. 4. It is expressly 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 Director of Public Works has certified in writing' the completion of said public improvements or the portion thereof serving said. buildings or . structures ,approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to'by Subdivider that, in the performance of said work, Subdivider will conform to and abide by allof.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 ci ty 'of Chula Vista, . simultaneously with the execution of this, agreement, an approved improvement security in the sum <'if FIFTEEN THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($15,200.00) which: security shall. guarantee the faithful performancep of this contract by Subdivider and is attached hereto, marked Exhibit ~'A" and made a part hereof. 7 . Subdi vider 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 FIFTEEN THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($15,200.'00) n to secure the payment of material and labor in connection with the instal- lation of said public improvements; which security is attached hereto, marked Exhibit "E" and made a part hereof. 8. 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 ThlO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) to secure the installation of 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 completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification of completion by the Director:of Public Works 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. I OZ/1i -2- , STATE OF CALIFORNIA, COUNTY OF San Diego ........,..<'_~.r--.:::.~~~-'.....,.~.~.............. -~ "-~-"c;;;;~' orFICIAL SEAL ~ ";~,;",;~~>,, Loul'se Marshall ~/ '_, '.'.oJ_, rrl1Cl ' , r.~~;f~ ':iJ;;i,: N~~OI ~\RY FUl3l1C-10~,UFORN\A \;~"'~'~;';i'~ f'HII<C!PAL OffiCE IN . "'~:;':!;:.:J'0':, I SAN DJ'i:GO COUNTY \1 :,.~~.'.':::;0:'/: _' ii;;><:' ~\ug. 'J, 1983 $ My r:Ol1lrn\~~~~p ;:.~,i;;~;Z~~y.;;'';;:~~..':2i;:;j . 0;~.~~~~~~~ ACKNOWLEDGMENT---GeneraJ Wolcotts Form 233-Rev. 3.64 f SS, ON April 21 ,19~ before me, the undersigned, a Notary Public in and for said State, personally appeared Nathan S. Adler--------------------------- --------------------------------------------- -- - - - - - - -- - -- ----- - - - - - - - - - - - - - -, known to me, to be the person_ whose name_ has subscribed to the within Instrument, and acknowledged to me that ~he_ executed the same, WITNESS my hand and official seal. ~ ",j! -i) ',7 ~, U /fYU'YI,2C"--lr9-UJ./J.-(, (; 1,(JJ,4hi7~_J' Notary Public in and for said State. I D~\l\ ~ .......... ....~ U-..L~\J '-.o.l-'...l..'-"'u.::J..L:J u.'j.LC:C:u ctl!U Ul.l.Ue~~L..UUU vy "CIle par-Cles 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. 11. 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 Director of Public Works shall be paid by Subdivider, and that SU9divider Shall have de- posited with City a sum on money sufficient to cover said cost. 12. It is understood and aareed that until such time as all improvements are fully completed and ~ccepted 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 ~ 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 omissions of Subdivider, its agents or employees in the performance of this agreement, and that u~on acceptance of the 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. 13. 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 Sub- divider, its agents or employees, or indemnitee, related to this agree- ment. 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, 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 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. 14. In the event that suit ,is brought upon this contract by Ci ty to enforce the terms hereof, City -'shall be '",nti tled to a reasonable sum as attorney's fees. agree- ment to be executed the W~~l THE CITY OF CHULA VISTA Approved as to form by ---~~~ ". -k-<.:o- , City ttornE!Y" (Attach Notary Acknowledgment) -.1- I ff{tf ('