Loading...
HomeMy WebLinkAboutReso 1978-9388 Form 348 Rev. 3-78 RESOLUTION NO. 9388 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT NO. 75-02 ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDI- CATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VI5TA 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 SAP~iE 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. 75-02 and more particularly described as follows: .Being a subdivision of the westerly 175.00 feet of lots 17 and 24 in Quarter Section 119, Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of Cali- fornia, according to D4ap thereof No. 505 filed in the Office of the Recorder of San Diego County, Parch 13, 1888. No. of Lots: 24 Area: 2.496 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 said Council hereby accepts on behalf of the public the public streets, to-wit: Palomar Street at the property return with Second Avenue and said 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 and egress for the construction of sewer, drainage, street tree planting 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 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 ac- cepted on behalf of the public as heretofore stated, and that those certain 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 map 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 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 improvement agreement dated the 27th day of November , 1978 , for the completion of improvements in said su ivision, 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. Presented by Approved as to form by IJ~y/~/ l L~~s' W. J. Robens, Director of George D. Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of December , 197 8 , by the following vote, to-wit: AYES: NAYES: ABSENT: ~„~• ~~ Mayor of t e City of ula Vista ATTES .wlL~C~ .!'. Ci y lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 5s. CITY OF CHULA VISTA) City of a full, same has Councilmen Mayor Hyde:Councilmen Gillow, Scott, Cox, Egdahl Councilmen None Councilmen None I ~ , City Chula Vista, California, DO HEREBY CERTIFY that true and correct copy of Resolution No. , not been amended or repealed. DATED City Cler - 2 - Clerk of the the above is and that the q3 ~~ Form No. CA-41U Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and l.1UV~-u~~ ~~~~ . 19"7~ by municipal corporation,.hereinafter COMPANY,. INC., 106 Quintard Street, entered into this 2~- day of and. between THE CITY. OF CHULA VISTA, a called."City", and MUROAKA DEVELOPMENT Chula Vista, CA. 92011 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, to be known as PALOMAR PALACE ESTATES 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 WHEREAS, the Code provides that before said map is finally approved by-the Council of.the-City of Chula Vista, Subdivider 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 performance of said work pursuant to the require- ments of Title l8 of the Chula~Vista Municipal Code,.agreeing to install and complete, free of liens: at Subdivider's own expense, all of the public improvements and/or land development work-required in said sub- division within a definite period of-time prescribed. by said Council, 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 com- plete; at Subdivider's own expense, all the public.. improvement work required by City in connection with the proposed subdivision and will deliver 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- tained in Resolution No. 7839 , approved on the 29th day of July, 19 7 5 , and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared, submitted~to and ap~roved by the Director of Public Works, as shown on Drawings No. 78-2 1D , on file in the Office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been sub- mitted and approved by the Cityy, in the amount of THIRTY SEVEN THOUSAND DOLLARS AND NO CENTS ($37,000.-00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTGOD AND AGREED. AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements 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, under the direction and to the satisfaction and -1- !~ ~ c~ r. approval of the Director of Public.Works, all of the public improvement and/or land development work required to-be done in and adjoining said subdivision; and.. will furnish the necessary materials therefor,.all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed im the~Office of the Director of Public: Works and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that:all monuments have been or will be installed within thirty {30) days after the com- pletion and acceptance of-the required. improvements, and that.. Subdivider has installed or will install temporary stree name signs-if permanent street name signs have not beeninstalled.- 3. It is expressly understood.and°agreed that Subdivider will cause all necessary materials to be furnished: and all-improvements re- quired under the-provisions of: this contract to be done on or before the seeond anniversary date of the recordation of the map.of said sub- division. 4. It is expressly understood.and-agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings-or structure ready for occupancy in said. subdivision prior. to the:issuance of-any certificate of clearance:.for utilityconnections.for.said buildings.Qr structures in said .subdivision,..and.such.certificate..shall.not be issued ..until the Director of Public Works. has certified in writing the completion of said public. improvements_or.the_portion thereof serving said-..buildings or structures approved..by the-City; provided, however, that the improvement security shall not be required. to 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 abide .by all_of_the provisions of the ordinances of the City -of Chula Vista, 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.thi agreement, an approved improvement security in the sum of EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($18,500.00) which security shall guarantee the.faithful.performance,.of.,this contract by Subdivider. and. is attached hereto, marked. Exhibit "A" and:~made a part hereof. 7. Subdivider.further..agrees to-furnish and de iver._to the City of Chula Vista, simultaneously-:with the execution-of this agreement, an approved: improvement. security in the sum of -EIGHTEEN THOUSAND .FIVE HUNDRED DOLLARS. AND NO CENTS ($18,500..00) - to secure the payment of material and labor in connection-with the instal- lation of said public improvements, which security is attached hereto, marked 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 approved improvement security in the sum of ONE THOUSAND TLaO HUNDRED FIFTY DOLLARS AND NO CENTS ($1,250.00) to secure the installation. of monuments, which security is attached hereto, marked-Exhibit "C" and made a part hereof.. 9. It is further agreed-that if the`publc improvements are not completed within the time agreed herein, the sums provided by said improvement securities-may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification of completion by the Director.-of ::Public,-Works and.acceptance of`said:work by City, and after certification-by the Director. of Finance. that all costs hereof are 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 security.. -2- !Y .1 n.ri m a to a 0 0 a 0 U U~ t~ d a w n u rn STATE OF CALIFORNIA COUNTY OF- San Diego } SS. On November 27, 1978 ) before me, the undersigned, a Notar~y Public in and for said County and State, personally appeared 'lakenori Muraoka and Saburo ~n~-V~ce- Pros known to me to be the President, and Roy Saburo Muraoka ,known to me to be Treas . & Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of rr-he corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ~~ ,~!!{{ 7 i%'~ / Signature ~ ~'~-'~-C' ~ --J' ~'C~7 %~I-~-~~ Mary/ B. Adams Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP kS~V W.1'L OFFICIAL SEA~~~~ ^`~'~ ~~ MARY B. ADAMS ~i~+;9~'~Iv; ~+"~; NOTARY PUBLIC CALIFORNIA ~~ ~rss r,°a ~~~ Principal Office. San Diego Co. Calif. ' uMy^C.ommi-ssio-n Exp. Mar. 15,.1.979 ^ . i )~~ti • • ^ ` ~~ iii ~'~wL ` 1~+ -. ?~~ ~ ~ ;l 10. 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 security in accordance with the requirements of the State Subdivision Map Act and the provisions. of .Title 18 of the Chula Vista Municipal Code. ll. It is further understood and agreed by Subdividez that any engineering .costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in .connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posited with City a sum of money sufficient to cover said .cost.. 12. It is understood and agreed that until such time as all. improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements fora period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of'the acts or omissions of Subdivider, its agents or employees in the performance. of this agreement, and that . upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided; however, that. said acceptance shall not constitute a waiver of defects by City as set .forth hereinabove. 13. 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 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 employees, in the performance of this agreement; provided, however, that the approved improvement security 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 con- ..sequence 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 ' approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 14. -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 agree- ment to be executed .the day. and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ S DIVIDER: MUROAKA DEVELOPMENT C~., INC. Mayor. of he City of Ch~Jla Vista ATTEST ~ l?~L~.e, ,~~ ~~~- r,' ,°City Clerk /) . Approv/ed as to fo. / Attach Notary Acknowledgment here. ~~~~ ~~ ,4, , ~~ ~ p ~ i ty Attorney ' LIST OF EXHIBITS Exhibit "p," Improvement Security - Faithful Performance: :Form: S et-Aside Letter Amount : ' $ Z 9 , 2 5 0 {as guazantee of -the. public im- prov~nents & grading work). Exhibit "B" Improvement Security -Material and Labor: Form: Amount:; Exhibit "C" `Improvement Security -Monuments: Form:. Amount: - . Securities approved a's f rm nd amount by . 2~~ /' City / ,~->~ ~ , Attorney '~ Improvement Completion Date: Two Years from date of Council`apprgval of the Subdivis ion Improvement Agreement: ~, ,~ ~ ,~