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HomeMy WebLinkAboutReso 1978-9271Form 348 Rev. 3-78 RESOLUTION NO. 9271 RE OLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AP ROVING MAP OF SHEPHERDVILLE NO, 2 SUBDIVISION AC EPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDI- CA ED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CH LA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SU DIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHO- RI ING THE MAYOR TO EXECUTE SAP~1E res Ci SH The City Council of the City of Chula Vista does hereby as follows: NO , THEREFORE, BE IT RESOLVED that the City Council of the Chul Vista hereby finds that that certain map survey entitled WILL N0. 2 SUBDIVISON and Andre particularly described as follows : Being a subdivision of a portion of Lot 29, in Quarter Se tion 119, in the City of Chula Vista, County of San Di go, State of California, according to Map of Chula Vi to per Map thereof No. 505 filed in the office of the Re order of San Diego County. No .I of Lots : 13 is sur the beh and and to beh ' gre ~. pla wit Chu upo app cep cer str tre sai of her Sup Acreage: 2.35 acres in t e manner and form prescribed by law and conforms to the ing surveys; and that said map and subdivision of land shown is h reby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on of th public the public streets, to-wit: QUINTARD STREET IAS D IVE d streets are hereby declared to be public streets and dedicated publi use. BE IT FURTHER RESOLVED that said Council hereby accepts on of th City of Chula Vista the easements with the right of in- nd eg ess for the construction of sewer, drainage, street tree g and public utilities, all as granted and shown on said map said ubdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of ista e, and she is hereby authorized and directed to endorse id ma the action of said Council; that said Council has d sai subdivision map, and that said public streets are ac- on be alf of the public as heretofore stated, and that those ease ents with the right of ingress and egress for the con- on an maintenance of sewer and drainage facilities, street antin , and public utilities as granted thereon and shown on p wit in said subdivision are accepted on behalf of the City a Vis a as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is direc ed to transmit said map to the Clerk of the Board of sors of the County of San Diego. yzZ/ ~ -1- BE IT FURTHER RESOLVED that that certain improvement agreement date he 6th day of Pr , 19~g , for the completion of i p oveme ~s in said s~ iZ~vision, a copy of_ which is attached hereto and y reference made a part hereof, the same as though fully set forth here'n be, an the same is hereby approved. Vis acrr Pr BE T 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. need by W. J obens, Director of Publ c Works Approved as to form by .~,~~ ,~" ~~ George D. Lindberg, City Attorn y ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHUL ISTA, ALIFORNIA, this 12th day of S ,,ptemh .r ~ 197~_~ by t e follow'ng vote, to-wit: AYESk Councilmen Hyde, Gillow, Scott, Cox NAYE~: ~ Cou#~cilmen ABS] ATT: C~..~,.~.-•Q ~ C ~,_ ,-~2 ~ Mayor of t e City of C ul Vista Cle 5TA' COU. CIT Cit a f s am None Councilmen E Bahl F CALI ORNIA) OF SAN DIEGO) ss. CHU VISTA) I, E Chula true as not Vista, Ca.Litornia, liu nr:.tc~tsx ~.~.R~ nd correct copy of Resolution No. een amended or repealed. DATED City Cler ~ V - ~ - City Clerk of the ~FY that the above is and that the 1~7~ Form No. CA-41U Rev. 8/76 SU$DIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of 19~ 7Rr by and between THE CITY OF CHULA VISTA, a murii pa corporation, hereinafter called.."City", and ROBERT S. and MARG ET A. ELDRED, 4434 30th Street, Suite E, San Diego, California 92116 ter called "Subdivider"; W I T N E S S E T H WH REAS, Subdivider is about to present to the City Council of the ' ty of hula Vista for approval and. recordation, a final ..subdivision map a pro osed subdivision, to be known as SHEPHERDVILLE NO. 2 pursuant to the provisions of the- bdivis' on Map Act of the State of California, and in compliance with the ~ ovisio s of Title 18 of the Chula Vista Municipal Code relating to the f ling, pproval and rec©rdation of subdivision maps, and WHEREAS, the Code provides that before said map is finally appr ed~by he Council of the City of Chula Vista, Subdivider must have ither installed and completed all-of the public improvements and/ land •evelopment work required by the Code to be.=installed in subdi isions •efore final maps of subdivisions are approved by the Coun '1 for.-urpose of recording in the Office of the County Recorder of S Diego County, or, as an alternative thereof, Subdivider shall ante into a agreement with City, secured-by an approved '.improvement secu 'ty to 'nsure the performance of said work pursuant to the require- ments o£ Tit a 18 of the Chula Vista Municipal Code, agreeing to install and ,mplete, free of liens at Subdivider's own expense, all of the publi -impro ements and/or land development work-required in said sub- divis'on wit in a definite period of time prescribed by said Council, and WH REAS, Subdivider is willing, in consideration of the appr< al and recordation of said map by the Council, to enter into this afire ant wh rein it is provided that Subdivider will install and com- plet at Su divider's own expense, all the public.. improvement work requi ed by ity in connection with. the proposed subdivis-ion and will deli r~to C'ty improvement securities as approved by the City Attorney, and WH REASy a tentative map-of said subdivision has heretofore been pprove-, subject to certain requirements and conditions, as con- tain in Re olution No. 8421 approved on the 23rd day of November, 1976 and WH REAS-complete plans and specifications for the: construction, ins a lation and completion of said public improvement work have been pre a ed, su muted to and approved by the Director-of Public Works, as s wn on rawings No. 78-179D through 78-182D , on file in the Office of h Dirac or of Public Works, and. WH REAS, an estimate of the cost of constructing said public impro ements according to said plans and specifications has been sub- mit e~ and a proved by the City, in .the amount ©f THIRTY THREE THO S ND DOL ARS AND NO CENTS ($33,000.00). THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED.-AS FOLLOWS: 1.! Subdivider agrees to comply with all of the requirements of h tentative map resolution; to do and perform or cause to be done and p rforme at its own expense, without cost to City, in a good. and wor m nlike fanner, under the direction and to the satisfaction and -1- ~y.~ ~ app o al of i and o land-c sub i ision; str'c confo~ whi h documer of u lic: Wee a p r hereof ,he Director of Public,Works, all of `the public improvement evelopment work required to be 'done in and adjoining said and will furnish the necessary materials therefor ,: all in mitt' and in accordance with the plans and specifications, is have heretofore been filed in the Office of the Director ks-and~by this reference::are-incorporated herein and made 2. It is expressly understood and agreed that al monuments hav een or will be installed within thirty (30) days after the aom- ple i n and- cceptance:of the required improvements, and that Subdivider has i stalle or will install temporary street name signs if permanent str a name igns have°not been installed. 3. It is expressly understood.and:-agreed that Subdivider-will cau a all ne essary materials to be furnished a~d~ail improvements re- qui a .under the provisions of this contract to be done. an or before thu s cond'a niversary date of the. recordation of the=map, .of said sub- div's on. 4. It is expressly understood and.:agreed that Subdivider will per o m said improvement work as set forth hereinabove or that portion of a d impr cement work serving any buildings-or structure ready for oca p ncy in said subdivision prior_to..the-issuance-of-any certificate of 1 arance.for.utility connections_for_said buildings or structures in a d subd vision, and. such.certificate-shall not be. issued .until the Dir c or of ublic Works. has certified in writing the completion of said pub i impro ements_or the_portion•thereof serving. said buildings or str c ures:a proved:.by the:.City; provided,. however, that the improvement sec r ty sha 1 not be required. to cover the provisions of this paragraph. 5. It is expressly understood and agreed•to by Subdivider tha , in the perfprmance of said work, Subdivider will conform to and abi e:by all of.the.provisions of: the ordinances of the-City of Chula Vis a and t e laws: of the. State of California applicable to said work.. 6. Subdivider furtheragrees_to furnish and d.eliver_to the Cit f Chul Vista, .,simultaneously..with the execution-of:this. agreement, an p roved mprovement-.security in the sum of SIXTEEN .THOUSAND, FIVE HUN D DOLL RS AND NO CENTS ($16,500.00) whi h securi y shall:guarantee the faithful performance.of_this contract by u divide and is attached-heretoi marked Exhibit "A"-and,. made a part her o . 7. Subdivider further agreesto-.furnish.-and de iver..to the Cit f.Chu1 .Vista,.simultaneously with the execution of. this agreement, an p roved mprovement. security in the sum of =SIXTEEN THOUSAND, FIVE HUN D DOLL RS AND NO CENTS ($16,500.00) -- to a ure th payment of material and labor in connection with the instal- lat o of sa'd public improvements, which-security is attached hereto, mar a Exhib't "B" and made a part hereof. 8. Subdivider further agrees. to furnish and deliver to the Cit ~f Chul Vista,. simultaneously.,with theexecution-of this agreement, an p roved 'mprovement:security in the sum of THREE THOUSAND, SEVEN HUND ED TWE TY DOLLARS AND NO CENTS ($3,720.00) to a ure th installation of monuments, which security is attached hereto, mar a Exhib't'"C" and made a part hereof. 9. It is further agreed that if the~pubiic improvements. are not c mplete within the time agreed herein, the sums provided by said imp o ement ecurities may be used by City for the completion of the pub i impro ements within said subdivision in accordance with the spe i icatio s contained herein. Upon certification of completion by the D'rector~.of:Public Works and acceptance of said work by City, and aft r certification-by the Director of Finance.. that-:all costs hereof are f lly.pa~d, the whole amount, or any part thereof-not-required for pay e t therleof, may-be released. to Subdivider or its successors in int r st, pursuant to the terms of the-improvement security. n ., ~-- . ~ i ~ - 10. It is also expressly agreed and understood by the parties heret at in no case will the~City of Chula Vista, or any department, board o offic r thereof, be liable for any portion of the costs and expen a of th work aforesaid, nor shall any officer, his sureties or bonds a be fable for the payment of any sum or .sums for said work or any t rials urnished therefor, except. to the limits established by the a p owed i provement security in accordance with the requirements of th tate S bdivison Map Act and the provisions of .Title 18 of - the C u a Vist Municipal Code. lI. It is further understood and agreed by Subdivider that any e g neerin costs (including-plan checking, inspection, materials furni h d and they incidental expenses) incurred by City in .connection with h appro al of the improvement plans and installation of public impro a ents h reinabove provided for, and the cost of street signs and stree .Tees a required by City and approved by the Director of Public _ - Works s all be paid by Subdivider, and that Subdivider shall have de- posit d with C'ty a sum of money sufficient to cover said cost. 12. It is understood and. agreed that until such time as all. impro a ents a e fully completed and accepted by City, Subdivider will be re p risible for the care, maintenance of, and any damage to, the. stree s alley easements, water and sewer lines within the proposed subdi i ion. t is further understood and agreed that Subdivider shall. guara t e all ublic improvements for a period of one year from date of final a ceptan a and correct any and all defects or deficiencies arising durin aid pe iod as a result of~the acts or omissions of Subdivider, its a e is or mployees in the performance. of this agreement, and that . upon c eptanc of the work by City, Subdivider shall grant to City, by appro r ate co veyance, the improvements constructed pursuant to this agree a t; pro ided; however,- that. said acceptance shall. not constitute- a wai a of de ects by City as set .forth hereinabove. 13. It is understood and agreed that City, or any officer or emplo a there f, shall not be liable for any injury to person or property occas o ed by eason of the acts or omissions of Subdivider, its agents or em 1 yees, n the performance of this agreement. Subdivider further agree p Prot ct and hold harmless City, its .officers and employees, 'from n and a 1 claims,. demands, causes of action, liability or loss of an ort, b cause of or arising out of acts or omissions of Subdivider, _. its a e is or mployees, in the performance of this agreement; provided, howev r that he approved improvement. security shall not be required to co a the p ovisions of this paragraph. Said indemnification and agree e t to h ld harmless shall extend to damages or taking of property resul i g from the construction of said subdivision and the public impro a ents a provided herein, to adjacent property owners as a con- seque c of th diversion of waters in the construction and maintenance of dr i age sy terns and shall not constitute the. assumption by City of any r s onsibi ity for such damage or taking, nor shall City, by said _ '. appro a , be a insurer or surety for the construction of the subdivision pursu n to sa d approved improvement plans. - 14. In the event .that suit is brought upon this contract by City o enforc the terms hereof, City shall be entitled to a reasonable. sum a ttorne 's fees. IN merit o be e THE C T Mayor O - ATTES TNESS WHEREOF, the parties hereto have caused this: agree- sited the day. and year first hereinabove set forth. OF CH LA VISTA SUBDIVIDER: ROBERT S. and MARGARET A. ELDRED• 1 '~ r rr the C ty of Ch a Vista city clerx G/ as to~~or byAttach Notary Acknowledgment here. }}~ 1i ~~~~/',r /~//`'Gi r Q~ ..'••. *, .., OFFICIAL-SEAL --~ y ~-. -, ,, DONALD M. RUSSELL. • % ~'~ NOTARY PUBLIC. CAUFORNlA Cl ty ~ AttOrriey a ,~. >n PRINCIPAL OFFICE IN 3 _~ ' a ~~~~~ ~ SAN Dlc'GO COUNTY ~~