HomeMy WebLinkAboutReso 1980-10461
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RESOLUTION NO.
10461
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MAP OF CHULA VISTA TRACT 80-4, TWIN
OAKS CONDOMINIUMS, AND APPROVING AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUB-
DIVISION 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 80-4, TWIN OAKS CONDOMINIUMS, and more
particularly described as follows:
Being a sUbdivision of Parcel 1 of Parcel Map Number
1803, in the City of Chula Vista, County of San Diego,
State of California, filed in the County Recorder's
Office of San Diego County August 6, 1973
No. of Lots:
1
Area: 0.85 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; and 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 that certain improvement
agreement dated the 6th day of May, 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
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George D. Lindberg, City Attorney
John P. Lippitt, City
Engineer
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ADOPTED AND APPROVED BY 'l'llE CITY COUNCIL OF TI-IE CITY OF
:HULA VISTA, CALIFORNIA, this
19th
day of May
19 81
, by the following vote, to-wit:
\YES: Councilmen Scott, Gillow, Hyde, Cox, McCand1iss
'lAYES: Councilmen None
I'.J3STAIN: Councilmen None
o.B8ENT: Councilmen None
CU&.Q "(~
Mayor of the City of Chula Vista
T'l'EST
City Clerk
TATE OF CALIFORNIA
OUNTY OF SAN DIEGO
ITY OF CHULA VISTA
)
)
)
55.
r, EuzabeJ:h W. Con:tA.-, DEPUTY CITY CLERK of the City of Chula Vista,
alifornia, DO HEREBY CERTIFY that the above and foregoing is a full, true
nd correct copy of
RESOLUTION NO. 10461
and
hat the same has .not been amended or repealed.
ATED
Deputy City Clerk
(SEAL)
. 660 (a)
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SUBDIVISION-CONDOMINIUM IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of
May , 1981, by and between THE CITY OF CHUrA VISTA, a
municipal corporation, hereinafter called "City" and TWIN OAKS
REALTY INVESTORS, LTD., 2254 Moore Street, Suite 103, San Diego,
California 92110, hereinafter called "Subdivider";
WIT N E SSE T H :
\~EREAS, 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 CHUrA VISTA TRACT 80-4, TWIN OAKS
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
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 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
\~EREAS, 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 accomplishment of said improvements, and
WHEREAS, a tentative map of said subdivision has
fore been approved, subject to certain requirements and
conditions, as contained in Resolution INo. 9850,. approved
20th day of November, 1979, and
hereto-
on the
WHEREAS, complete plans and specifications for the con-
s.truction, installation and completion of any required public
improvement work have been pr.epared, subrni tted 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. Building improvements (interior and exterior) for
the 10 existing units per approved Twin Oaks
Condomi nium building plans.
B. The estimated cost of improvements is $8,500.00.
FOLLOWS:
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
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 perfomed, 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 following
suret~es in a form acceptable to the City Attorney and attached
hereto as Exhibit "A:
A. Amount of surety for interior and exterior building
improvements, and storage construction is $8,500.00.
3. It is expressly understood and agreed that Subdivider
will have started all of the required work no later than 120 days
from recordation of final map and shall have completed all of said
work 180 days from recordation of final map.
4. It is expressly understood and agreed that Subdivider
will notify all purchasers of units within the proposed condo-
minium of the comrni trnents contained herein and that said
improvements as required herein should be accomplished prior to
occupany of any unit.
5. 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 tems
of the improvement surety.
6. It is also expressly agreed and understood by the
parties 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 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.
7.
or employee
or property
It is understood and agreed that City, or any officer
thereof, shall not be liable for any injury to person
occasioned by reason of the acts or omissions of
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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.
8. 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, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: TWIN OAKS REALTY
INVESTORS, LTD.
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Mayor o&t Cit.y of bJhla Vista
P' '
ATTEST/:-h.4~//J &u:::-
I5'epuV City Clerk
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Approved as to form by
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City Attorney
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o..;'I',\TF OF ( U.lF(JI{NIA
,,' DIEGO
COUNTY OF ___~AN ."
( In ~Y.--2.,~19JlJ
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SAFECO
bef,Jre 1)1,;.
the 11lldersil!t1ed, a Notary pllldie, ill and for ,aid LOUlIly
p,:rsnnally apl,,:an;d_
FOR NOTARY SEAL OR STAMP
and Slate.
B~M~RICHMOND
known to lllC
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~,7"-"< , PILAR M. HERIOT
:..e '.; NOTAR1PlJ611C-CAtlfOitNlA
. ~7'- . .,'SAN DIEGO COUNTY
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to [It;__one
tlwl ,>xCl'ulcd the within
sllch partnership exeelltcd the same.
of the I'ann('r.~ of lh,: !':lJln<;I'~hil'
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S' -<9. 9:(.. Al.A .
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PILAR M. HERIOT
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CALIFORNiA
COMMERCE BANK
EXHIBIT A
230 A Street
San Diego, CA 92101
Telephone (714) 234-8821
May 4,1981
RE: Loan No.
Set-Aside Letter for
TWin Oaks Realty Investors,Ltd.
Chula Vista Tract
City of Chula Vista
Office of the City Attorney
276-4th Avenue
Chula Vista, California 92101
Attention: Mr. Thanas J. Harron
Gentleren:
We understand that the City of Chula Vista, California ( the "City") will
require a set-aside of funds in the amount of $8,500.00 on behalf of TWin
Oaks Realty Investors,Ltd. ("Borrower"), in favor of the City covering
the estimated cost of refurbishing 10 existing apartment units and the
adjacent construction of ten storage lockers,at the comer of TWin Oaks
Avenue and "E" Street in Chula Vista.
This letter will confim that, upon recordation of the above referenced
final subdivision rrap approved by the City in full ccrnpliance with all
requirements of the California subdivision Map Act and applicable ordinances
of the City, and upon satisfaction of our loan requirements and recordation
of a construction loan in favor of Bo=ower, we will set aside from the
loan funds the sum of $8,500.00, to cover such estimated cost of such
improvements. In consideration of execution of our Building Loan Agreement
and other loan d=uments by Bo=ower, California Ccmnerce Bank agrees that
the funds to be set aside are for the use and benefit of the City in
connection with its interest in the satisfactory ccrnpletion of said
improvements and that said funds will be disbursed directly to Bo=ower
upon the ccrnpletion of said improvements and thier approval by the City.
Bank also agrees to provide City with confirrration of the date of
recordation of the construction loan prior to consenting to initiation
of any v.'Ork covered by said loan.
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-
City of Chula Vista
Page 2
In the event that Borrower fails to canplete and pay for said improvements
as required by the City, all funds in said set-aside account, shall be
inrnediately nade available to the City by Bank to be used solely for
the purpose of canpleting said improvements. Each disbursement of funds
from the set-aside account whether to Borrower or to the City after
default by Borrower, shall be treated as an advance on the loan to
Borrower and will bear interest, payable to Bo=ower frcrn the date of
advance in accordance with the terms of the loan.
Bank agrees to set-aside anount for the benefit of the City and agrees
to disburse said arrount only in accordance with the terms of this
Agreement, it being agreed between the parties that said funds shall
be held for the account and use of the City, and disbursed by Bank, and
the Borrower shall have no claim or right to such funds once set-aside
except that, upon =mpletion of all said public improvements and
acceptance thereof by the City and upon the termination of any applicable
period for the recording of mechanic's lien or stop notice claims,
any balance held in said ac=unt shall be disbursed in accordance with
the terms of the loan.
This agreement is an i=ev=able ccmnibTIent of funds which is not subject
to recall or modification except with written approval of the City. This
crnmitment will becorre effective upon recordation of the above mentioned
final subdivision nap and construction loan.
California Comnerce Bank I s obligation to disburse funds under this
agreement is subject to laws affecting California Corrmerce Bank I s ability
to disburse funds, such as but not limited to bankruptcy laws or =urt
orders.
Very truly yours,
CALIFORNIA CCM'1ERCE BANKo
~~
TimotJi Porter
Vice President/Deputy Regional Manager
I WE HEREBY CXlNCUR IN THE FOREGOING AGREEMENT AND AGREE 'IO BE roUND BY EACH
AND EVERY TERM THEREOF.
'lWIN OAKS REALTY INVES'IORS,LTD.
BY: A 7n~~
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