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HomeMy WebLinkAboutReso 1978-9424Form 348 Rev. 3-78 RESOLUTI RESOLUTION OF THE CITY APPROVING MAP OF TELEGF ACCEPTING ON BEHALF OF CATED ON SAID MAP, AND CHULA VISTA THE EASEME SUBDIVISION, AND ~PPRO OF IMPROVEMENTS REQUIR RIZING THE MAYOR TO EX resole The City Council of as follows: NO. 9424 COUNCIL OF THE CITY OF CHULA VISTA PH CANYON TERRACE, CINLA VISTA TRACT 78-07 THE PUBLIC THE PUBLIC STREETS DEDI- ACCEPTING ON BEHALF OF THE CITY OF TS GRANTED ON SAID MAP WITHIN SAID 'ING AGREEMENT FOR THE COMPLETION ID BY SAID SUBDIVISION AND AUTHO- ~CUTE SAP~tE City of Chula Vista does hereby NOW, THEREFORE, BE IT ~2ESOLVED that the City Council of the City f Chula Vista hereby findsthat that certain map survey entitled TELEG PH CANYON TERRACE SUBDIVISION, CHULA VISTA TRACT N0. 78-07, and m re particularly described ~s follows: .Being a subdivision of that portion of Quarter Section 88 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 in the~Office of the County Recorder of San Diego County on May 11, 1869. i Number of Lots: 4 Number of Units: 152 ' Gross Area: 14.312 acres is ma a in the manner and form p escribed by law and conforms to the Burro nding surveys; and that sa'd map and subdivision of land shown there n is hereby approved and a cepted. BE IT FURTHER RESOLVED~',that said Council hereby accepts on behal of the public the public ~treets, to-wit: a portion of TELE RAPH CANYON ROAD and s id streets are hereby dec to th public use. behal gress plant withi Chu1 upon appr cept cert stru tree said of C here] Supe: BE IT FURTHER RESOLVE of the City of Chula Vis and egress for the constr ng and public utilities, said subdivision, subjec BE IT FURTHER RESOLVE; Vista be, and she is here; aid map the action of sai ed said subdivision map, on behalf of the public n easements with the righ .ion and maintenance of se' planting, and public utili yap within said subdivisio Ala Vista as hereinabove s BE IT directed isors of FURTHER RESOL to transmit s the County of ed to be public streets and dedicated that said Council hereby accepts on a the easements with the right of in- ction of sewer, drainage, street tree 11 as granted and shown on said map to the conditions set forth thereon. that the City Clerk of the City of authorized and directed to endorse Council; that said Council has d that said public streets are ac- heretofore stated, and that those of ingress and egress for the con- y and drainage facilities, street es as granted thereon and shown on are accepted on behalf of the City ,ted. that the City Clerk map to the Clerk of Diego. be, and she is the Board of San - 1 - dated of im and b herei Vista agreer BE IT FURTHER RESOLVED that that certain improvement agreement she 11th day of December , 19,~- for the completion covements in said su ivisa~on~, a copy of which is attached hereto reference made a part hereof, the same as though fully set forth be, and the same is hereby approved. BE IT FURTHER RESOLVED !,that the Mayor of the City of Chula ~e, and he is hereby authorized and directed to execute said ant for and on behalf of tl~e City of Chula Vista. Presented by /-~' 0 ~" W. J. Robens, Director of Public Works ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this by th following vote, to-wit: AYES: Councilmen NAYESE Councilmen ABSEN~': Councilmen ATTES ,L°lG>~ __ Approved as to form by .~ ~ ,~ ~.` ~, f= ~ - ~= George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF 1 day o f December , 19 7 8 , II `N nn' nn t ~.J~.~ ~~~CT -~ ,- Mayor o t e City of C ula Vista =` , STATE OF CALIFORNIA) COUNT OF SAN DIEGO) ss. CITY F CHULA VISTA) City a fu7 same I, >f Chula Vista, California, L, true and correct copy of ias not been amended or red DO HEREBY CERZ Resolution No. aled. DATED City C er - 2 - City Clerk of the FY that the above is and that the q ~~ Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made aid entered into this 19th day of Dec er , 19 78 ,,by and between THE CITY OF CHULA VISTA, a munic pal corporat on, hereinafter called "City", and JLEN, INC., a Calif rnia corporation, P. O. Bob 1940, Chula Vista, CA. 92012 herei after called "Subdivider";', W I T NE S S E T H_ WHEREAS, Subdivider is the C ty of Chula Vista for appr map o a proposed subdivision, t C. V. Tract No. 78-07 the S bdivision Map Act of the S the p ovisions of Title 18 of th the f ling, approval and records WHEREAS, the Code prop appro ed by the Council of the ~ have ither installed and comply and/o land development work re• subdi isions before final maps Counc'1 for purpose of recording of S Diego County, or, as an enter into an agreement with Ci security to insure the performs ments of Title 18 of the Chula and mplete, free of liens a publ°c improvements and/or land divi ion within a definite peri and WHEREAS, Subdivider i appr val and recordation of sai agre ment wherein it is provide plet , at Subdivider's own expe required by City in connection deli er to City improvement sec and WHEREAS, a tentative been approved, subject to cart twin d in Resolution No. 9200 19 7 8 and of said subdivision has heretofore requirements and conditions, as con- approved on the 1st day of August, WHEREAS, complete pla$~s and specifications for the construction, inst llation and completion of Said public improvement work have been prep red, submitted to and approved by the Director of Public Works, as s own on Drawings No. 78-212D through 78-219D , on file in the Office of t e Director of Public Works;, and impr mitt ONE of and WHEREAS, an estimate 'pf the cost of constructing said public >vements according to said Mans and specifications has been sub- :d and approved by the City,, in the amount of ONE HUNDRED TWENTY THOUSAND DOLLARS AND NO CELTS ($121,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: 1. Subdivider agree to comply with all of the requirements Ze tentative map resolution; to do and perform or cause to be done performed, at its own expense, without cost to City, in a good and nanlike manner, under the direction and to the satisfaction and about to present to the City Council of val and recordation, a final subdivision be known as TELEGRAPH CANYON TERRACE - pursuant to the provisions of ate of California, and in compliance with Chula Vista Municipal Code relating to ion of subdivision maps, and ides that before said map is finally ity of Chula Vista, Subdivider must ted all. of the public improvements uired by the Code to be installed in f subdivisions are approved by the in the Office of the County Recorder lternative thereof, Subdivider shall y, secured by an approved improvement ce of said work pursuant to the require- ista Municipal Code, agreeing to install Subdivider's own expense, all of the development work required in said sub- ~d of time prescribed by said Council, willing, in consideration of the map by the Council, to enter into this that Subdivider will install and cour- se, all the public improvement work ith the proposed subdivision and will rities as approved by the City Attorney, -=1- ~y~ app oval of the Director of Public Works, all of the public improvement and or land development work required to be done in and adjoining said sub ivision; and will furnish the necessary materials therefor, all in str'ct conformity and in accordance with the plans and specifications, whi h documents have heretofore been filed in the Office of the Director of ublic Works and by this re~erence are incorporated herein and made a p rt hereof. 2. It is expressly nderstood and agreed that all monuments hav been or will be installed within thirty (30) days after the com- ple ion and acceptance of the equired improvements, and that. Subdivider has installed or will install emporary street name signs if permanent str et name signs have not bee installed. 3. It is expressly nderstood and agreed that Subdivider will caus all necessary materials i~o be furnished and. all improvements re- qui d 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 perf rm said improvement work of s id improvement work servi occu ancy in said subdivision of c earance for utility conne in s id subdivision, and.such Dire for of Public Works has c public improvements or the por stru tures approved .by the Cit secu ity shall not be required understood and agreed that Subdivider will ~s set forth hereinabove or that portion g any buildings or structures ready for riorto the. issuance of any certificate tions for said buildings. or structures ertificate-shall not be issued until the ~rtified in writing the completion of said lion thereof serving. said buildings or j; provided, however, that the improvement Ito 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 abid by all of .the provisions of the ordinances of the City of Chula Vist , and the laws of the State of California applicable. to said work. 6. Subdivider further agrees to furnish and deliver. to the City of Chula Vista, simultaneously with the execution of this agreement, an a proved improvement securi y in the sum of SIXTY THOUSAND FIVE HUND ED DOLLARS AND NO CENTS ($60,500.00), whic security shall guarantee the faithful performance.. of this contract by S bdivider and is attached_h~ereto, marked. Exhibit "A" and made a part here f. I 7. Subdivider furthelr agrees to furnish and deliver _to the City of Chula Vista, simultaneo sly with the execution of this agreement, an a proved. improvement securit in the sum of SIXTY THOUSAND FIVE HUND ED DOLLARS AND NO CENTS ($'60,500.00), to s cure the payment of materi 1 and labor in connection with the instal- lati n of said. public improveme ts, which security is attached hereto, mark d Exhibit "B" and made a pert hereof. 8. Subdivider furthel agrees to furnish and deliver to the City of Chula. Vista, simultaneo sly with the execution of this agreement, an a proved im rovement securit in the sum of .EIGHT HUNDRED DOLLARS AND O CENTS (p$800.00), to s cure the installation of m numents, which security is attached hereto, mark d Exhibit "C" and made a p rt hereof. 9. It is further agr ed that if the public improvements are not ompleted within the time agreed herein, the sums provided by said impr vement securities may be utsed by City for the completion of the publ c improvements within said subdivision in accordance with the spec fications contained herein. Upon certification of completion by the irector of Public Works anal acceptance of said work by City, and afte certification by the Director of Finance that all costs hereof are ully paid, the whole amount, or any part thereof not required for paym nt thereof, may be released. to Subdivider or its successors in inte est, pursuant to the terms of the improvement security. -2- ~ y ~f hereto t board or expenses bondsmen any mate the apgr of the S the Chul any engi furnishe with the improvem street t Works sh posited 10. It is also expressly agreed and understood by the parties at in no case will the~City of Chula Vista, or any department, officer thereof, be liable for any portion of the costs and of the work aforesaid, nor.. shall any officer, his sureties or be liable for the paymenta of any sum or sums for said work or ials furnished therefor, xcept to the limits established by ved improvement security 'n accordance with the requirements .ate Subdivision Map Act a d the provisions of Title 18 of . Vista Municipal Code. 11. It is further under Bering costs (including p and other incidental exp approval of the improveme nts hereinabove provided ees as required by City a 11 be paid by Subdivider, ~ith City a sum of money s 12. It is understood an~ improve ents are fully completed a be resp nsible for the care, maint streets alleys, easements, water subdivi ion. It is further unders guarant e all public improvements final a ceptance and correct any a during aid period as a result of its age is or employees in the per upon ac eptance of the work by Cit appropr ate conveyance, the improv agreeme t; provided; however, that a waive of defects by City as set 13. It is understood ar employe thereof, shall not be lip occasio ed by reason of the acts c or empl yees, in the performance c agrees o protect and hold harmle: from an and all claims,. demands, of any ort, because of or arisinc its age is or employees, in the pE however, that the approved improvE to cove the provisions of this p. agreeme t to hold harmless shall ~ resulti g from the construction o; improv ents as provided herein, sequen a of the diversion of Ovate of dra'nage systems and shall not any re ponsibility for such damag approv 1, be an insurer or surety pursua t to said approved improve tood and agreed by Subdivider that an checking, inspection, materials nses) incurred by City in connection t plans and installation of public or, and the cost of street signs and d approved by the Director of Public and that Subdivider shall have de- .fficient to cover said cost. agreed that until such time as all d accepted by City, Subdivider will nance of, and any damage to, the nd sewer lines within the proposed ood and agreed that Subdivider shall or a period of one year from date of d all defects or deficiencies arising he acts or omissions of Subdivider, ormance of this agreement, and that Subdivider shall grant to City, by :ments constructed pursuant to this said acceptance shall not constitute forth hereinabove. d agreed that City, or any officer or ble for any injury to person or property r omissions of Subdivider, its agents f this agreement. Subdivider further s City, its officers and employees, causes of action, liability or loss out of acts or omissions of Subdivider,. :rformance of this agreement; provided, ment security shall not be required ,ragraph. Said indemnification and :xtend to damages or taking of property said subdivision and the public ;o adjacent property owners as a con- -s in the construction and maintenance constitute the assumption by City of or taking, nor shall City, by .said for the construction of the subdivision. vent plans. 14. In the event that I~uit is brought upon this contract by City t enforce the terms hereof , City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hhereinabovecset forths agree- ment t be executed the day and ear first THE CI Y OF CHULA VISTA SUBDIVIDER: JLEN, c. Mayor f the City of Ch{iJla Vista ATTEST -'~1L lr.~t- ,~~/~,~ ~,,~',~~ .~~~- City Clerk ,- ~ ~. Approv d as to fo b Attach Notary Acknowledgment here. .~'~' - ~~ y Attorney Exhib L t ..A.. Exhibkit "B" ~~t "C" LIST'OF EXHIBITS I Improvement Security - Faithful Performance: I ~ Form: Certificate of Deposit* Amount: $121,000.00 Improvement Security - Material and Labor: . Form: I, Amount Improvement Security - Monuments: i, Form: Cash Bond Deposit . I 'i Amount: $800 Securi~ies approved as to form and amount by .~;~ ~.. City Attorney Impro ement Completion Date: T o Years from Date of Council Approval o the Subdivision Improvement Agreement *A ce tificate of deposit in the amount of $121,000.00 with ti9ells Farg Bank, dated September 20, 1978, is attached as guarantee of the nstallation of the public improvements. Z \ I ', 69 ~ 68•. ~_ I 8 8 8 Np sc~ •~ 0 _ .~ Off. i / Z ~~I~ ~~ _ ~o ~~v ^i~ ~~~ ~~ ~./ ~ ~~ , o ~~ r a v ~-1 ~ ZZI I ,~, ,~ ~~ I Zzj ~.~ ~~ / > ~G ~.~' ~~ /~ ~~ t~~~ /~ 4~F c~F s~. o,Q ~ ' PRAWN BY -- L. M. G.---- GATE ~ - -/l _15 _78- - M ~~ ~ o ~S ZZI \I .~ ~ 0 v `;::., !N ~ E~?S ` A ` E 8O5 51~,EEf . ~--._~ ~„ . T 1 T l E_ 1"EG EGRA PH CANYON TERRACE s v e o i vis~oN z~ I I. i 4~ ~.° S/TE V/C/NlT Y MAP STATE OF CALIFORNIA, COUNTY OF. My ~a~ 'fl 11E+~A - -- --... OFFICIAL SEAL MARK ALBERT SAIN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY m Expires October 16, 1981 ss.' befor me, the undersigned, a Notary Public in and for the said State, personally appeared R• ~~'~ ,known to me to be the President, andC~~Ex'r~- t'A • L¢T ,known to me to be he Secretary of ~.IL.~.i, Y-~-~L. the C rporation that executed the within Instrument, known to me to be the persons who execu ed the within Instrument, on behalf of the Corporation herein named, and acknowledged tom that such Corporation executed the within Instrument pursuant to its by-laws or a resolu ion of its board of directors. WITN SS my hand and official seal. ~I ~- (i~. Notary Public in and for said State.