HomeMy WebLinkAboutReso 1989-15375 (C)
RESOLUTION NO. 15375
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 88-1, RANCHO DEL REY, PHASE 6, UNIT 1,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE OPEN
SPACE LOTS GRANTED ON SAID MAP AND THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVSION, 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 that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 88-1, RANCHO DEL REY, Phase 6, Unit 1,
and more particularly described as follows:
Being a subdivision of a portion of Quarter Sections 61
of Rancho De La Nacion, in the City of Chula Vista,
County of San Diego, State of California according to
Map thereof No. 166, filed May 11, 1869 in the office of
the County Recorder of said County.
Area: 37.732 acres No. of Lots: 52
Numbered Lots: 47 Lettered Lots: 5
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 said Council hereby accepts
on behalf of the public the public streets, to-wit: Rancho Del
Rey Parkway, Verin Lane and Marcilla Way, and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that Lots A, B, C, and D are
hereby dedicated for Open Space, public utilities and other
public uses, and Lot "E" for park, public utilities and other
public uses.
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BE IT FURTHER RESOLVED that said Council hereby accepts
o~behalf of the City of Chula Vista the easements with the right
~ Lngress and egress for visibility and street tree planting and
maintenance, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
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, and that said public
streets are accepted on behalf of the public as heretofore stated
and that said lots are dedicated for Open Space and other public
uses, and that those certain easements with the right of ingress
and egress for the construction and maintenance of street tree
planting, as granted thereon and shown 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 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 Subdivision
Improvement Agreement dated the 5th day of October, 1989, 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
roved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is herey authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
6441a
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Resolution No. 15375
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Chula Vista, California, this 7th day of November, 1989 by the
following vote:
AYES: Councilmembers: McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Malcolm
ATTEST:
Beverly/A/'Authelet, City Clerk
RATE OF CALIFORNIA )
UNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
15375 was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California, at a regular meeting of
said City Council held on the 7th day of November, 1989.
Executed this 7th day of November, 1989.
B~verly ~. A~thelet, City ~lerk
SUBDIVISION IMPROVEMENT AGREEMENT
TKll &GREI~ENT made and entered into this ' day
YuRIY, and RANCHO DEL REY PARTNERSHIP
2727 RoOvet &,~nue. National City, California 92050
I~etetna{tet catled ulubdivideru#
NHERI&~e Subdivider is ·bout to present to the City Council
ot the City og ChuX· Vista tot approval and recorderton, · [inaX
subdivision m·p..ot · proposed subdivision, to be knovn as
RAIICNO OZ~ lily Flail I UNXT X~
patssent to the Frovisions o[ the Subdivision map Act oE the State
C·Ltgotnt·, and tn aompXtanee vtt, the provisions of ~ttXe 18 ot the
Chul· Vista Nuntctp·l Code taX·ring to the fixing. approval and
reeotditton ot subdivision map. and
NNIIIAI0 the Code provides that before said map is finally
approved by the Council of the CIty of ChuZa Vista. Subdivider must
have either installed End ~teted all of the public improvements
and/or land development vot~ Us!let'red by the Code to be installed tn
O{*~:~ subdivisions Ire ·pproved by the
Council tot purpose o tn the Office o[ the County Recorder
o{ Jan Diego Ceuntys ore an an altetnstive thereo~e Subdivider shall
enter into an agreement withe·rye secured by an ·pptoved improvement.
security to illlure the pattern·ace o~ said sock pursuant to the
requirements ot Tttle ~1 o[ the Chul· Vista Nunteipal Codes agreeing
to instaLL e.d completes free eE liens at Subdivider*s o~n expense,
· 11 o[ the pg~lLe tmptoveman~lend/ot land development ~otk required
in ··td subdivision ~tthine definite period o[ time prescribed by
said Councils end
NNl[glk]e lubdividet in ~llltng in consideration o{ the
approve1 end teootdatton ot a&id map by the Council, to enter Into
this gatessent ~hetetn it is provided that Subdivider will install
and eomplete, at ~ubdtvtder'a o~n e~pense, all the public improvement
~otk requited by City tn connection with the proposed subdivision and
~tLl deliver to City improvement securtt. tes as approved by the City
Attorney. and
MNIRIA$e · tentative map ot ~di'~ subdivision has hererotors
~een ·pptovsd. s~bleet to eatrain requirements an4 conditions, as
contained in gesolutton :1~.=~:~42 , apptoved on the 2rid day
Form NO. CA-410
Revised 3/87
-l-
construct&one &netel&at&on and compZetton o[ aa&d publ&c tmprove~
meat v~t& have been prepared and a~bmt&ted to the City ln~&neer, ae
sh~n on DEav&n~a Xom,
on ItLe &n the oil&ca
NNt~I&Ie an estimate ot the Coat el conmttuctin9 said
p~b&&c &mprovements accord&nq to maid plane and specifications hem
been submitted and appLered by the City in the amount el $S~I,O00.O0.
NO~, TNERIrONI, It tl HUTUA~LY UNDINI~X)D AND AGREED
~. lubdtvtder aqrees to ~ompLy with ell o[ the te4uire-
mania ot the tentative map telo~.utionl tO do and perform or cause
to be done and petRolmad, st Lie ova expense, vtthout cost to City,
tn a qo~d and votkmanLLNe manner, under the direct%on and to the
improvement and/st land deve[opment york requited to be done
ad3otntn9 ntd subdivisions and will f~rntsh the necessary
materials therefor, aZS tn otttct con[ormity end tn accordance with
the plans and apectttcattonS, which doc~mentm have heretofore been
tiled in the elfice Of the City gnqtneet and ~y this tolerance are
incorporated hereta and made ~. part hereof.
2. tt to expressly understood and sqtead that
monuments nave been or will ~0 tamtailed within thttty (30) days
after the comp&etton and acceptance st the requited improvements,
and that 8u~tvtdet ham instatted or vt&Z install tempertry
name signs tf permanent erreel. Aims 8[g~l have no& ~een tnm&aXXed.
1. Z~ to aspLamely endelm&sod and agreed that Su~dtvtdot
wtZ& cause &LZ necessary mtecta~m to be furnished end
tapcovenants requited under the provtmtonm of thtm contract to be
done on or Niece the third anniversary date of Counct~ approval
of the S~dtvtmLon :mprovemdnt A9teement.
4. It 1, undstst~ and agreed that SuPdivider will
pet[eta maid tdtovement worn as set forth t~eretnabove st
~ttton of said improveMat work setvtn9 any buildings
sttgctutem ready for occuNncy tn maid subdivision pr~or to the
issuance of any certificate of clearance for utility connections
tot said D~i~dtn~s or structures tn said subdivision, and such
certificate shall not 00 ism~ed untt~ the City Zn.ltneet his
certified In wittin9 the completion st Reid public improvements
the ~Ct~On k.eteOf metvtn9 said bulldin9 or structures applered
the Cityl provided. however. that th, improvement security shall
not De t~utted to coy'eL the ptovxstonn st this paragraph.
e
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$. Zt is eKpressly understood and agreed to by
Subdivider that, in the performance o~ said work, Subdivider viii
conform to and abide by all of the provisions of the ordinances
the City og Chuil ViSta, and the laws of the State of California
applicable to said vort.
~. Subdivider gutthat agrees to furnish and deliver to
the City o[ Chul, Vista, simultaneously with the execution oC this
· greement, an ,pprovad improvement security in the mum of ) HUNDRED
IE-fgI~I'Y iXGIrf tNOtJIJ~ND DOLId~RI AND NO CKIftl (1271,000.00)
whLch ,ecurLty ,hall 2uarantee the faithreX performance of this
contract by Iut~diwider and Lm attached hazetom **~ked Exhibit
and ,ads , ~,¢t hereof.
7. lubdtvt~ez ~uzthe~ ,fzeem to fuzntmh and deltve¢ to
the CLay ot ChaXl Vista Itma)taneogmly wtth the executton o~ th~m
(1271~000.00)
to aecMce the ~a~ment of Bate:te~ ann tabor An connection vLth the
tnmtaZZZation of maid public tmptovementm~ which mecuttt
attached hatetom masked lxhtbLt I· and made a art he,sot' anX
· the
~ond amosnit am confirmed tn Ight~tt °1°~ and ma~; a part hatcog.
l. $u~dtvtdet tMtthet aqtees to furnish and deliver
the City o~ Churn Vista, simultaneously vtth the execution ot thta
aqteement, an approved improvement security tn the sum of
~g~D ~~ ~D ~ C~ {0~5,000.001 (~r private
eatLute)
to macuse the Lnmtm~lmtion of monumentm, whLc~ security &m attached
heteto, mmtked ixhLbLt 'C" end made · pmrt hereof.
~. it im rue,hat eftsad thmt if the pubIlc improvements
are not collated within the time agreed hereLm, the mumm provided
Dy maid L~tovement mecufJtiem may be umed by Ctty tot the
co~letLon of the public L~tovementm vith&n mmLd mubdLvJm~on
accordance vith the m~cificationm contained herelm, Upon
cettLficattgn oZ com~Xetion by the CitV latinear and acceptance
said york ~y City, and after cetti{icat~on by the Director of
Finance that al~ costs hereof ate gully paid, the ~hote amount,
any part thatcog not requited tot plyme~t theteoZ, may De released
to SuPdivider or its successore In interest, pursuan~ to the
o{ the imptGvement security.
10. I~ is also ezpressly agreed and understood by the
parties neteto that in no case viII the ~t';' o{ Chula Vista, or
department, Doard ot otficet thereof, De ~teDIe tot any portion
~he coa~s *,,J expenses oZ the work afoteskid, nor shall any
officer, his sureties ot Dondsmen, ~e liaole Zot the payment of any
sum of sums {or said work ot any materials furnished ~hete[or,
except to the limits .~abliehed by ~he app:oved improvement
security in accordance ~tth the tequitemen~s o~ the State
Su~tvist~n Rap Act and the provisions of Title ~8 ot the Chula
Vista .untctpal Code.
IX. It is further understood and a~rsed by lubdlvider
that any enqtnootln~ costs (tncludinq plan checking. inspection,
materials furnished and other incidental expenses} incurred by CIty
%n connection with the approval of the improvement plans and
Install&ties of public improvements heroInshore provided tot, and
the coot of street siqnn and street trees as requited by City and
4pptovtd by the City inqineet shall be paid by Subdivider0 and that
Subdivider shall have deposited vt~h City s sum of money sufficient
t~ c~vst said cost.
II. Zt is understood and agreed that until such time as
~ll tmpcoveNnts ate fully completed and accepted by City,
~;u~dividet wilt be responsible for ths cars, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
:.thee within the proposed subdivision. It ts further understood
.nd aqteed that lubdivtder shall 9eatentee all public improvements
,xny n d · or deficiencies attain9 dutin9 said period as ·
~esult of the aCtl or omtaston ot Subdivider,
-mployees tn the performance of this agreement, and that upon
qcceptance of the wets by CIty, Subdivider shall 9rant to City, by
,,p. ptoprtate Genreyeats, the Improvements constructed pursuant to
~his aqteementl provided, however. that said acceptance shall not
~onstitute a uaivet of detects b~ Cit~ as set forth heroinabove.
~3. tt ts understood and a9reod that City, as
lademat.tee, et any oZticet et e~leyee theteot, shall not be liable
for any injury t~ ~tson =r propott~ occasioned b~ reason el the
act· or ~lselons 9g Subdivider, its a90nts
tndomnttee, related to this aftsanest. Subdivider further agrees
to protect and hold harmless the Ctt~, tie officers and employees,
[t~ an~ aria all tat . deNsdos causes of action, liability oc
loss f b~ause of or atisin9 ou of acts or omissions
o any sort0 t
luHtvtdwte its greats or o~loywos, ot lademaltese related to this
egteemen~l provided, howevot, that the apptoved tmptovemen~
security ehaZZ not be requited to covet the provisions
~eta taph. laid Indemnification and a9teement
ehll~ extend to
dQmagel 0t taktn9 oZ proper~y
construction et ·aid su~ivtston and the public tmptovement, s as
provided hetein~ tncludin9, but not limited
t construction and maintenance of drainage systems~ and
shall not constitute the assumption by city of any teapossibility
for such dauqe of taking~ not shall City,
insurer ot setet~ tot the construction of the subdivision pursuant
to said appt~ved inproveaen~ plans. :z.e provisions of Chin
~tagtaph e~.s~l ~ecose sitactive upon ~he execution oC this
agreeHat and shall tomsin in gull force sad eftecL tot ten {~0}
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14, lubdlvidet agrees to defend, and,entry, and hoXd
hP. rm~eee the local agency or its agents, olticers, and empXoyee8
from a~y eXitme actterm, or proceedinq a~atnst the
Lie agents, o[~icere, or empZoyees to aT. tack, met aside, void, or
Influl, s~ approval of the Zocal agency, &dvLeory agency, appeaZ
Imecd, or legislative body concerning · eub4Lvision, which ectLon
L8 bEeelba vithLn the time period provided for In Section 664~9,37
of the G~vernment Code of the Itate o~ California,
XN WZ~nill WHKRi~)~e the patti,, heKeto h,ve calmed thim
,Vreement to be etacured the day end ye,r
TKi CXTI Or CKUI, A VXITA IUBDXVXDIRv P, ANCHO
BYt ~4cMX~LXN CO~UNXTXES,
~Y t
ATTU c Cxerk
GENEP~ P
App:ovedO ie BYt, GENEP~ P ,TN
(A~tach Notary Acknowledgment)
(Ceflwretle~ as a Partner efa PartnershIp)
$TATT OF CXtI~UItA I
~ ~ ~ ~ ~ exKe~ t~ within tntt~nt
~me~ ~ to
N~ht e~l ~n , i~tpN
Vt~SS; k~ 4~ eErieill seal."
(~tl l~a for offtc4sl lell )
total Bond
Amounts $2?l,O00.O0
It~tbtt °i° Zup[ovetent Iscurit7 - ~ateria~ and Laborx
FOEel Bond
AIOUntl $271,000,00
Isaibit see lml)loveeent le¢~rity - Honueent8s
polar~ Bond
Amounts ll5,O00.OO
Securities approved as to lorn and amount by
Improvement Completion Dates ~ree (3) years lr~ date or Council
e~roval of the lu~tvision ImFrovemen~
~remnt.
Ot31l
CI~ IVdtX0 CIL rt'f wur[1~Rm4 i~ ' . (he~e'i~i~er de'mL~o~iLjd
~princtp&l"') i~m~e ~er~ tn~o ~a~ aqreeMnt whermbF
mVree8 tO LnststX and ~Xmte certain designated publie
/~rovmnte. which mmL4 tqreemnte dated
~~, 8at4 prtn~tpaX is r~tred ~er ~nt tur~s
of maid afferent tO ~u~tmtsh a ~ for t~ {ei~lstu~ ~rforma~e
of amid aWeout,
~, ~Z~rO~, we. the prinotpmX and _
ate, hereXnt{ter
~ll s~ truly to ~ made, , bind ourselves, our heirs,
~6s9rw, saunters m,d idmintstrmtor6~ ~Gintly'm~d 8evorml~7~.
f t~tr by these presents.
~ oondition Of this obligation L8 eugh thee i~ the
&~e ~U~ ~/n~ipal. hie o~ its holes, exec~torm, 8dminie-
tre~rl, muccetaort or lastgnu. sitell in mXX things learid to
e~ abide bye I~d well In~ truly keep dl~ perform the covenantl.
c~/tt~s and provisions An the weld agreement m~ may mltora-
tL~ th4r~f ~de ms therein p~ovtd~, on his or' their part, ~o
~ kept and ~rZo~d st the ttme ef~ in ~he ~nner
8~cttt~, end in a~X teapots eccurd/n9 to their ~rue
end Man/rig, e~ 8~ll t~emntiy aes~ save hsrmte,J
Chute Vimtee its off/cw~s. s~en~s end ~loyeel. so
mttputmt~. then this obiigmtton ,hmll ~co~ null and vo~d~
As I part of tls~ vbliqmt/on secured hereby mad in
a~ttt~ to the CIC~ aMu~ specified therefor. there shell be
/ncX~ ~ste dhd teasenable evpm~sel and rosa, incl~ing
enl~ct~ s~h she/garish, all Lo ~ taxed as costs e~ tn-
¢X~ ~ any 3~nt rendered.
~ surety hereby will;nieCes end e~reem thmt
ex~ei~ of t/Me siteration of addition tO the te~mt ~f the