HomeMy WebLinkAboutReso 1980-10029f, ~
Revised 3-17-80
RESOLUTION NO. 10029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MAP OF CHULA VISTA TRACT N0. 80-4,
TWIN OAKS CONDOMINIUMS, AND APPROVING AGREEMENT
FOR THE 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 No. 80-4, Twin Oaks Condominiums, and
more particularly described as follows:
Being a subdivision of Parcel 1 of Parcel Map No.
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; 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 FURTHERRESOLVED that that certain improvement agree-
ment dated the 10th day of March, 1980, for the completion of improve-
ments 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.
BE IT FURTHER RESOLVED that the map is approved subject
to receipt of a security agreement or a letter of credit for the
approval of the City Attorney within sixty (60) days of said map
approval.
Presented by Approved as to form by
John P. Lippitt, City Engineer George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHIrtiA VISTA, CALIFORNIA, this 11th day Of March
1980 by the following vote, to-wit:
AYES: Councilmen Scott, Gil low, Cox, Hyde, McCandliss
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Counciknen None
W~ ~~
Mayor of fhe city of Chub vista
ATTEST ~ -
City C
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
1, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, California,
DO HEREBY CERTIFY that fhe above and foregoing is a full, true and correct copy of
RESOLUTION N0. 10029 ,and that the same has not been amended or repealed.
DATED
(seal)
CC-660
®~~
City Clerk
SUBDIVISION-CONDOMINIUM IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this!C~ day of
H/a/ C ~ , 1980, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City'° and TWIN OAKS
REALTY INVESTORS, LTD, 2254 24oore Street, Suite 103, San Diego,
California 92110, hereinafter called "Subdivider";
W I T N E S S E T H
WHEREAS, 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 NO. 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, Sub-
divider 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 perfor-
mance 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 improve-
ments 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, guarantee all of
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 subdi-
vision 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 hereto-
fore been approved, subject to certain requirements and conditions,
as contained in Resolution No. 9850, approved on the 20th day of
November, 1979, and
WHEREAS, complete plans and specifications for the con-
struction, installation and completion of any required public
improvement works 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
of the Chula Vista Municipal Code and the
improvements are as follows:
-1-
forth in Chapter 15.56
estimated cost of said
~~~~02~
A. Building improvements (interior and exterior) for
the 10 existing units per approved Twin Oaks
Condominium building plans.
B. The estimated cost of improvements is $7,500.00.
NOW, 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 following
surety 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 $7,500.00.
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 condominium
of the commitments contained herein and that said improvements as
required herein should be accomplished prior to occupancy 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 comple-
tion by the City Engineer and the Director of Building and Housing,
and after certifcation 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 successors in interest pursuant to the terms 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
provisions of Title 18 of the Chula Vista Municipal Code and
Chapter 15.56 of the Chula Vista Municipal Code.
7. 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
-2-
v`~
\oo
r ~s~e <n ~e.vn ~ry~71}LE INSURANCE
Partnership) ~JVI pND TRUST
STATE OF CALIFORNIA l ~ xnma mrrxav
COUNTY OF ~ ~ ~', J
On ri / G / U
before me, the undersigned, a Notary Public in and for said State, personally appeared
known to me
to be Qn~ of the partners of fhe partnership
that executed the within instrument, and acknowledged to me
that such partnership executed [he same.
WITNESS my hand and official seal.
Signature ~ ~ - ""' ~'
---
,,, OFFICIAL SEAL
~. ""' DUANE M. HUGHES
w ~o ~ NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
G,.~..~P SAN DIEGO COUNTY
My Commisslon Ezpires March 23, 1982
276 •4th Ave. P, 0. Box 1081, Chufa Vista,
(7Tis area (oc onfcial notarlat anl)
~ pp2`~
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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 em-
ployees, in the performance of this agreement; provided, however,
that the approved improvement surety 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 construc-
tion 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.
,~~j
"'"-
THE CITY OF CHULA VISTA SUBDIVIDER: TWIN OAKS REALTY "
INVESTORS, k~i.E.1-~+
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Approved as to form by
City Attorney
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T I T L E
CHULA V/STA TRACT N0. 80-4
TW/N OAKS CONDOM/N/UMS
UR4WN BY
-_..._L. M. G.----
oaYE 2-_ ~ _80-.-