Loading...
HomeMy WebLinkAboutReso 1979-9755v a Form 348 Rev. 3-78 RESOLUTION NO. 9755 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT NO. 79-14,TOWN CENTRE, 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 iAPPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHO- RIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby reso ve 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 CHUL VISTA TRACT NO. 79-14 (TOWN CENTRE - TOWNSITE TRACT NO. 1) and ore particularly described as follows: Being a portion of Lot 24 of Quarter Section 137 of Chula Vista according to Map thereof No. 505, Block 5 and Lot 8 of Block 6 of San Diego Land and Town Company Subdivision according to Map thereof No. 820 filed in the office of the County Recorder of San Diego County, together with portions of Center Street, Madrona Street and Landis Avenue to be vacated is m de in the manner and form prescribed by law and conforms to the surr unding surveys; and that said map and subdivision of land shown ther on is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on beha f of the public the public streets, to-wit: none and aid streets are hereby declared to be public streets and dedicated to t e public use. BE IT FURTHER RESOLVED that said Council hereby accepts on beha f of the City of Chula Vista the easements with the right of in- gres and egress for the construction of sewer, drainage, street tree plan ing and public utilities, all as granted and shown on said map with n said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chu1 Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has appr ved said subdivision map, and that said public streets are ac- cept d on behalf of the public as heretofore stated, and that those cert in easements with the right of ingress and egress for the con- stru tion and maintenance of sewer and drainage facilities, street tree planting, and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of C ula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is here y directed to transmit said map to the Clerk of the Board of Supe visors of the County of San Diego. ,. BE IT FURTHER dated the 17th day o of im rovements in said and b reference made a herei be, and the same RESOLVED that that certain improvement agreement E Ma , 19~, for the completion su ivision, a copy of which is attached hereto part hereof, the same as though fully set forth 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 agree ent for and on behalf of the City of Chula Vista. Prese$~ted by Lippit Approved as to form by _. rgineer George Lindberg, City Atto ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY 097 9 ' CHUL VISTA, CALIFORNIA, this 4th d8y of September r by th following vote, to-wit: AYES: Councilmen H de McCandliss Scott Gillow Cox NAYES~: Councilmen None AB5E T: Councilmen None /~/ ~~ ,a Mayor of t e City of C ula Vista ATTE ~ ~~ City Clerk STAT OF CALIFORNIA) COUN Y OF SAN DIEGO) ss. CITY OF CHULA VISTA) I , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a fu 1, true and correct copy of Resolution No. 9755 , and that the same has not been amended or repealed. DATED City Cler _~_ i ~~ i r~ Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT -mil munic CENT] Four here: THIS AGREEMENT, made and entered into this 17th day of 19 79 , by and between THE CITY OF CHULA VISTA, a ipal corporation, hereinafter called."City", and E CITY ASSOCIATION LTD, and ZOGOB DEVELOPMENT COMPANY, INC., 315 h Avenue, Chula Vista, CA. 92010 nafter called "Subdivider"; W I T N E S S E T H WHEREAS, Subdivider is about to present to the City Council of the ity of Chula Vista for approval and recordation, a final .subdivision map f a proposed subdivision, to be known as Town Centre Townsite Tract #1 ( .V, Tract No. 79-14) pursuant to the provisions of the ubdivision Map Act of the State of California, and in compliance with the revisions of Title 18 of the Chula Vista Municipal Code relating to the fling, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said-map is finally appr ved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/ r-land development work required by the Code to be installed in subd visions before final maps of subdivisions are approved by the Coun it for purpose of recording in the Office of the County Recorder of S n Diego County, or, as an alternative thereof, Subdivider shall ente into an agreement with City, secured by an approved improvement secu ity to insure the performance of said work pursuant to the require- ment of Title 18 of the Chula Vista Municipal-Code, agreeing to install and omplete, free of liens at Subdivider's own expense, all of the publ c improvements and/or land development work required in said sub- divi ion within a definite period of time prescribed by said Council, and 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 regu red by City in connection with the proposed subdivision and will deli er to City improvement securities as approved by the City Attorney, and WHEREASy a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as con- tain d in Resolution No. 9463 , approved on the 23rd day of January 19 7 9 , 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. 79-38D through 79-39D , 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 SIXTY-SIX THOUSAND DOLL RS AND NO CENTS ($66,000.00) 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 ~~~ y -1- appr val of the Director of Public,Works, all of the public improvement and/~r land development work required to-be done in-.and adjoining said subdivision; and will furnish the necessary materials therefor, all in stri t conformity and in accordance with the plans and specifications, whic documents have heretofore been filed in the Office of the. Director of P blic Works-and by this reference are incorporated hexein and made a pa t hereof. 2. It is expressly understood and agreed. that-all monuments have-been or will be installed within thirty (30) days after the com- plet'on and acceptance of the required.improvements, and that Subdivider has 'nstalled or: will install temporary.street name signs if permanent stre t name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will caus all necessary materials.to be furnished. and all improvements re- quir d under the provisions of this contract to be done on or before the econd anniversary date of the recordation of the-map.:of said sub- divi ion. 4. It is expressly understood and agreed that Subdivider will perf rm said improvement work as set forth hereinabove or that portion of s id improvement work serving any buildings-or structures ready for occu ancy in said .-subdivision prior_to the.. issuance of any certificate of c earance for utility connections.for.said buildings or structures in s id subdivision,. and. such. certificate-shall.not be, issued_.until the Dire for of Public Works has certified in writing the completion of said publ'c improvements:_or.the.portion thereof serving said-.buildings or stru tures.approved:by.the City; provided, however, that the improvement secu ity shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed. to by Subdivider thaw, 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,.simultaneouslp with the execution of_ths. agreement, an a proved improvement security in the sum of THIRTY-THREE THOUSAND DOLL RS .AND NO CENTS ($33,000.00) whic security shall guarantee the.faithful performance.of this contract by S bdivider and. is attached. hereto, marked Exhibit :'A" and made a part here f. 7. Subdivider further agrees to-furnish and deliver._to the City of Chula Vista, simultaneously-with the execution of this agreement, an a proved: improvement. security in the sum of THIRTY-THREE THOUSAND DOLL RS AND NO CENTS ($33,000.00) -- to s cure the payment of material and labor in connection with the instal- lati n of said public improvements,: which security is attached hereto, mark d Exhibit "B" and made a part hereof.., 8. Subdivider further agrees to furnish and deliver to the City of Chula.Vista, simultaneously..with the execution of this agreement, an a proved improvement security in the sum of ONE THOUSAND-FIFTY DOLL RS AND 1~D0 CENTS ( $1, 0 5 0 .0 0 ) to s cure the installation of monuments, which. security is attached hereto, mark d Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not ompleted within the time agreed herein, the sums provided by said impr vement securities may be used 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 and 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. 9 ~ -~- 10. It is also expressly agreed and understood by the parties heret 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 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 m 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 hed 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 cceptance 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 drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said appro 1, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. I 14. In the event that suit is brought upon this contract by City enforce the terms hereof, City shall be entitled to a reasonable ~'i sum as attorney's fees . ', IN WITNESS 6VHEREOF, the parties hereto have caused this agree- ment t be executed the day and year first hereinabove set forth. THE CI Y OF CHULA VISTA SUBDIVIDER: CENTRE CITY ASSOC. LTD and ZOGOB ,DEVELOPMENT CO., INC. Mayor/ f e ty of Chu a Vista Richard G. ogo a dent r em ore. ATTEST ~, ~~ ~ Dep ~ City Clerk ', Approv ~ as to_~fo m by Attach Notary Acknowledgment here. i ~ -~ f ~ /~ ~ City Attorney. f 1. - 3 - Exhib; LIST OF EXHIBITS Lt "A" Improvement Security - Faithful Performance:.- Form:. Bond Amount: $33,000.00 Lt "B" Improvement Security -Material and Labor: . Form: Bond Amount: $33,000.00 Lt "C" Improvement Security -Monuments: Form: Bond Amount: $1,050.00 Securities approved as to form and amount by _ ment Completion Date:. Two Years from Date of Council P,pproval of the Subdivision Improvement Agreement TO 449 CA (5 73) (Corporal on) ~TITIE INSURANCE AND TRUST STATE 0 CALIFORNIA ATICOR COMPANY COUNTY OF San Diego ~ ss. On M Y 17 , 1979 before me, the undersigned,'`a Notary Public in and for said State, per onally appeared Richard C Z11S}Ob , w~ known to a to be the President, a~fiH , zil4IQIXXdC ~D(X~lf ~~clfa`fdf~C of the corporation that executed the within Instrument, m known to me to be the persons who executed the within ~ Instrumen on behalf of the corporation therein named, and acknowled ed to me that such corporation executed the within ~~~~ ~- N instrument pursuant to its by-laws or a resolution of its board ''`i s: OFFICIAL SEAL d+ <:.e of director . JAf~1E A. DIEDP,ICH$ WITNESS $ hand and official seal. 'k ..~ NOTARY PUDLIC -CALIFORNIA ~)~i `fie ~ o.- ~ ~ SAN DIEGO COUNTY My comm. expires 1l;M 22, 19$0 Signature , Ja . e A. Di edri chs 276 Fourth Ave., Chula Vista, CA 92010 Name (Typed or Printed) (This area for official notarial seal) ,~