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HomeMy WebLinkAboutReso 1979-9703~~ Form 348 Rev. 3-78 RESOLUTION NO. 9703 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF MELROSE VILLAS CONDOMINIUMS ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDI- CATED 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 THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHO- RIZING THE MAYOR TO EXECUTE SAP4E resol The City Council of the City of Chula Vista does hereby as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City o Chula Vista hereby finds that that certain map survey entitled MELROS VILLAS CONDOMINIUMS and mop particularly described as follows: .Being a subdivision of a portion of the northwest quarter of the northeast quarter of Section 24, Township 18 south, Range 2 west, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of Cali- fornia Area: 12.193 acres No. of Lots: 2 is ma surro there in the manner and form prescribed by law and conforms to the ding surveys; and that said map and subdivision of land shown 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 VALLEY ROAD and sa d 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 in- gress nd egress for the construction of sewer, drainage, street tree planti g and public utilities, 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 ista be, and she is hereby authorized and directed to endorse upon s id map the action of said Council; that said Council has approv d said subdivision map, and that said public streets are ac- cepted on behalf of the public as heretofore stated, and that those certai easements with the right of ingress and egress for the con- struction and maintenance of sewer and drainage facilities, street tree planting, and public utilities as granted thereon and shown on said m within said subdivision are 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 irected to transmit said map to the Clerk of the Board of Supervi ors of the County of San Diego. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 27th day of July , 19 79 , for the completion of im rovements in said su ivision, a copy of which is attached hereto and b reference made a part hereof, the same as though fully set forth herei be, and the same is hereby approved. Vista agree BE IT FURTHER RESOLVED that the Mayor of the City of Chula ~e, and he is hereby authorized and directed to execute said :nt for and on behalf of the City of Chula Vista. Presen ed by Jo Lippitt, Ci CHULA ~ by the AYES: NAYES: ABSENT ATTES~'1 Approved as to form by .. . ~!~~_ ~ ngineer George D. ndberg, City Attorne ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF IISTA, CALIFORNIA, this 7th day of August , 197 g , following vote, to-wit: Councilmen Scott, Gillow, Cox, McCandliss Councilmen None Councilmen Mayor Hyde Mayo o t e City of Ci~ista pro Tempore Citv C erc STATE F CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY O CHULA VISTA) I, , City Clerk of the City o Chula Vista, California, DO HEREBY CERTIFY that the above is a full true and correct copy of Resolution No. 9703 , and that the same h s not been amended or repealed. DATED City Cler ~d- _,. Form No. CA-41U Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT AR her THIS AGREEMENT, made and entered into this ~2 7 day of T~ ,~. , 19, by and between THE CIT O-F CHULA VISTA, a :ipal co poration, herei after called."City", and AMERICAN BUILDING 438 Camino del Rio South, Suite B-118, San Diego, CA. 92108 ter called "Subdivider", W I T N E S S E T H the map MEL the the the have and/ subd of S ente secu ment and publ divi and WHEREAS, Subdivider is about to present to the City Council of ity of Chula Vista for approval and recordation, a final .subdivision f a proposed subdivision, to be known as SE VILLAS CONDOMINIUMS pursuant to the. provisions of ubdivision Map Act of the State of California, and in compliance with rovisioris of Title 18 of the Chula Vista Municipal Code relating to fling, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally ved by the Council of the City of Chula Vista, Subdivider must either installed and completed all. of the public improvements r land development work required by the Code to be installed in visions before final maps of subdivisions are approved by the it for purpose of recording in the Office of the County Recorder n Diego County, or, as an alternative thereof, Subdivider shall into an agreement with City, secured by an approved improvement ity to insure the performance of said work pursuant to the require- of Title 18 of the Chu1a~-Vista Municipal-Code, agreeing to install omplete, free of liens at Subdivider's own expense, all of the c improvements and/or land development work required in said sub- ion within a definite period cif time prescribed by said Council, WHEREAS, Subdivider is willing, in consideration of the appr val and recordation of said map by the Council, to enter into this agre ment wherein it is provided that Subdivider will install and com- plet at Subdivider's own expense, all the public improvement work requ red by City in connection with the proposed subdivision and will deli er to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has. heretofore been approved., subject to certain requirements and conditions, as con- tain d in Resolution No. 9302 , approved on the 3rd day of October, 1978 and WHEREAS, complete plans 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. 79-60D through 79-72D , on file in the Office of t e Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public impr vements according to said plans and specifications has been sub- mitt d and approved by the City, in the amount of TWO HUNDRED SEVENTY ONE HOUSAND DOLLARS AND NO CENTS ($271,000.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements of t e tentative map resolution; to do and perform or cause to be done and erformed, at its own expense, without cost to City, in a good and work anlike manner, under the direction and to the satisfaction and -1- ~1~3 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 su 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.Werks and`by-this reference area-.incorporated herein and made a p rt hereof . 2. It is expressly understood and agreed that.all monuments hav been or will be: installed within thirty (3U) days after the c©m- ple ion and acceptance~of the required, improvements, and that Subdivider has installed or will install temporary stree name signs, .if permanent str et name-signs have--not been installed.. 3. It is expressly understood and.-agreed that Subdivider-will cau a all necessary materials to be furnished.and.~a11 improvements re- qui ed under the provisions of.this-contract to be done on or before the second anniversary date of the.reeordation of the.-map;:of said sub- div'sion. 4. It is expressly understood and agreed that Subdivider will per orm said improvement work as set forth hereinabove or that portion of aide improvement work serving any buildings_or structures ready for occ pancy in said subdivision_prior_to-the: issuance.. of-any certificate of learance.for.utility connections.for._said buildings or structures in aid .subdivision, and.such certificate shall=not be issued ..until the Dir ctor of Public Works has certified.in-writing the completion of said pub is improvements:or:the_portion thereof serving said=buildings or str ctures-: approved:.by.the City; provided, however, that_the improvement sec city shall not be required. to cover-the provisions of this paragraph. 5. It is expressly-understood and agreed-to by Subdivider tha., in the performance of said work, Subdivider will conform to and abi e.by ail of .the. provisions of. the. ordinances:: of ..the-City of Chula Vis a, and the laws of the-State. of ..California applicable to said work. 6. Subdivider-further agrees~to furnish and deliver. to the Cit of_Chula Vista, ..simultaneously.with the execution of thi .agreement, an pproved improvement security in the sum of ONE HUNDRED THIRTY FIVE THO SAND, FIVE HUNDRED DOLLARS AND NO CENTS ($135,500.00) whi h security shall.guaranteethe.faithful. performance.. of this contract by ubdivider.and.is attached_hereto, marked Exhibit "A° and made a part her of. 7. Subdivider further agrees to-furnish and deliver.. o the Cit of Chula ._Vista, simultaneously-with the execution of this agreement, an pproved;improvement.security in. the sum Of ONE HUNDRED THIRTY FIVE THO SAND, FIVE. HUNDRED DOLLARS AND NO CENTS ($135,500.00) -- to ecure the payment of material and labor. in connection with the instal- lat'on of said public improvements, which security is attached hereto, mar ed Exhibit "B" and made a part hereof.. 8. Subd~.vider further agrees to furnish and deliver to the Cit of Chula. Vista,. simultaneously.with the execution of this agreement, an pproved improvement security in the sum of ONE THOUSAND, NINE HUN RED. TWENTY DOLLARS AND NO CENTS ($1,920.00) to ecure the installation of .monuments, which security is attached hereto, mar ed 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 imp ovement securities may be used by City fore..-the completion of the pub is improvements within said subdivision in accordance with the spe ifications contained herein. Upon certification of completion by the Director.-of :Public Works and acceptance of saidwork by City,, and aft r certificationby the-Director. of Finance.:that~all costs hereof are fully paid, the whole amount, or any part thereof-not required for pay ent thereof., may be released to Subdivider:or its successors in int rest, pursuant to the terms of the improvement security. ~2~3 -_- 10. It is also expressly agreed and understood by the parties beret that in no case will the~City of Chula Vista, ar any department, .board or officer thereof, be liable for any portion of the costs and expen es of the work aforesaid, nor shall any officer, his sureties or bonds en, be liable for the payment of any sum or .sums for said work or any terials furnished therefor, except to the limits established by the a proved improvement security in accordance with the requirements of th State Subdivision Map Act and the provisions of .Title 18 of the C ula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any a gineering costs (including plan checking, inspection, materials furni bed and other incidental expenses) incurred by City in connection with he approval of the improvement plans and installation of public- impro ements hereinabove provided for, and the cost of street signs and stree trees as required by City and .approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posit d with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all impro ements are fully completed and accepted by City, Subdivider will be re ponsible for the care, maintenance of, and any damage to, the. stree s, alleys, easements, water and sewer lines within the proposed subdi ision. It is further understood and agreed that Subdivider shall guara tee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising durin said period as a result of~the acts or omissions of Subdivider, its a ents or employees in the performance. of this agreement, and that upon eceptance of the work by City, Subdivider shall grant to City, by appro riate conveyance, the improvements constructed pursuant to this agree ent; provided ,• however, that said acceptance shall not constitute a wai er of defects by City as set forth hereinabove. 13. It is understood and agreed that City, or any officer or emplo ee thereof, shall not be liable for any injury to person or property occas oned by reason of the acts or omissions of Subdivider, its agents or em loyees, in the performance of this agreement. Subdivider further agree to protect and hold harmless City, its officers and employees, from ny and all claims, demands, causes of action, liability or loss of an sort, because of or arising out of acts or omissions of Subdivider, its a ents or employees, in the performance of this agreement; provided, howev r, that the approved improvement security shall not be required to co er the provisions of this paragraph. Said indemnification and agree ent to hold harmless shall extend to damages or taking of property resul ing from the construction of said subdivision and the public impro ements as provided herein, to adjacent property owners as a con- seque ce of the diversion of waters in the construction and maintenance of dr inage systems and shall not constitute the assumption by City of any r sponsibility for such damage or taking, nor shall City, by said appro al, be an insurer or surety for the construction of the subdivision pursu nt to said approved improvement plans.. ' 14. In the event that suit is brought upon this contract by City o enforce the terms hereof, City shall be entitled to a reasonable sum a attorney's fees . IN WITNESS 6VHEREOF, the parties hereto have caused this agree- ment o be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA (~. ., '~ cc.,l~a• rlayor P1 ATTES A the City of Ch npore .~ City Clerk as to fo b a Vista SUBDIVIDER: AMERICAN BUILDING ARTS ~~ BY: ennet A. Lip ins i resi ent Secretary/Treasurer Attach Notary Acknowledgment here. i3