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HomeMy WebLinkAboutReso 1978-9114Form 348 Rev. 3-78 RESOLUTION NO. ~ ~,. ~. resol RE OLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V25TA AP ROVING MAP OF SHEPHERDVILLE SUBDIVISION AC EPTING ON BE~iALF 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~lE Th~ City Council of the City of Chula Vista does hereby as f llows: NO , THEREFORE, BE IT RESOLVED that the City Council of the City f Chul Vista hereby finds that that certain map survey entitled SHEPH RDVILL SUBDIVISION and mire particularly described as follows: Be ng a subdivision of the easterly 290 feet of Lo 30, Quarter Section 119 in the City of Chula Vi ta, County of San Diego, State of California, ac ording to Map thereof No. 505, filed in the of ice of the County Recorder of San Diego County, Ma ch 15, 1$88. Nod of Lots: 13 Area: 2.204 Acres is ma a in t e manner and form prescribed by law and conforms to the surro nding urveys; and that said map and subdivision of land shown there n is h reby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behal of .th public the public streets, to-wit: a portion of Quintard Stree anc~ T bias Drive and s id str ets are hereby declared to be public streets and dedicated to th publi use. BE IT FURTHER RESOLVED that said Council hereby accepts on behal of th City of Chula Vista the easements with the right of in- gress and eg ess for the construction of sewer, drainage, street tree plant ng and public utilities, all as granted and shown on said map withi said ubdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista e, and she is hereby authorized and directed to endorse upon aid ma the action of said Council; that said Council has appro ed sai subdivision map, and that said public streets are ac- cepte on be alf of the public as heretofore stated, and that those certa n ease eats with the right of ingress and egress for the con- struc ion an maintenance of sewer and drainage facilities, street tree lantin , and public utilities as granted thereon and shown on said ap wit in said subdivision are accepted on behalf of the City of Ch la Vis a as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereb direc ed to transmit said map to the Clerk of the Board of Super isors of the County of San Diego. dated of im and b herei BE IT FURTHER RESOLVED that that certain improvement agreement the 23 d day of Ma 19~, for the completion >roveme is n said su ivision, a copy of which is attached hereto ~ refer nce made a part hereof, the same as though fully set forth i be, a d the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, an he is hereby authorized and directed to execute said agree ent fo and on behalf of the City of Chula Vista. Prese ted by W. J. Robens, Publi Works 1~,~c/ ~~ Director of Approved as to form by ~~~ Geo, /rge D. Lindberg, City Attorney AD PTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of May ~ 197 8 r by th follo ing vote, to-wit: AYES: NAYES ABSEN Co 'r ATTES .~fii.C.I eput; STATE OF CAL COUNT OF SA CITY F CHUL I, City f Chul a ful , true same as not ilmen Hyde, Scott, Hobel, Cox cilmen None ilmen Egdahl ~J ~ ~'~ /' Mayor of t e City of C ul Vista ty C 'ORNIA) DIEGO) ss. VISTA) City Clerk of the ~ Vista, California, DO HEREBY CERTIFY that the above is and correct copy of Resolution No. , and that the been amended or repealed. DATED City Cler x Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT May mun here the map the the the appr have and/ subd Coun of S ente secu merit and publ divi and appr agre plat requ deli and been twin 19 7 inst prep as s of t impr mitt DOLT THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements of th tentative map resolution; to do and perform or cause to be done and p rformed, at its own expense, without cost to City, in a good and work nlike manner, under the direction and to the satisfaction and T A. :S AGREEMENT, made and entered into this 23rd -day of 19 78 , by and between THE CITY OF CHULA VISTA, a -poration, hereinafter called."City", and ROBERT S. and :LDRED, 4434 - 30th Street, Suite "E", San Diego, CA 92116 fter called "Subdivider"; W I T N E S S E T H WH REAS., Subdivider is about to present to the .City Council of ty of hula Vista for approval and recordation, a final .subdivision a pro used subdivision, to be known as SHEPHERDVILLE SUBDIVISION pursuant to the provisions of bdivision Map Act of the State of California, and in compliance with ovisio s of Title 18 of the Chula Vista Municipal Code relating to ling, pproval and recordation of subdivision maps, and WH REAS, the Code provides that before said-map is finally ed by he Council of the City of Chula Vista, Subdivider must ither 'nstalled and completed all. of the public improvements land evelopment work required by the Code to be installed in isions before final maps of subdivisions are approved by the 1 for urpose of recording in the Office of the County Recorder Diego County, or, as an alternative thereof, Subdivider shall into a agreement with City, secured by an approved improvement ty to 'nsure the performance of said work pursuant to the require- of Title 18 of the Chula~Vista Municipal Code,. agreeing to install mplete, free of liens at Subdivider's own expense, all of the impro ements and/or land development work required in said sub- on wit in a definite period of-time prescribed by said Council, WH REAS, Subdivider is willing, in consideration of the al and recordation of said map by the Council, to enter into this ent wh rein it is provided that Subdivider will install and com- at Su divider's own expense, all the public improvement work ed by ity in connection with the proposed subdivision and will r to C'ty improvement securities as approved by the City Attorney, WH REAS, a tentative map of said subdivision has heretofore approve , subject to certain requirements and conditions, as con- in Re olution No. 8758 approved on the 9th day of August, and 'I WH REAS; complete plans and specifications for the construction, Llation and completion of said public improvement work have been red, su mitted to and approved by the Director of Public Works, awn on rawings No. 78-95D through 78-98D , on file in the Office Dirac or of Public Works, and WH REAS, an estimate of the cost of constructing said public merits according to said plans and specifications has been sub- and a proved by the City, in the amount of SIXTY-SIX THOUSAND AND 0/100s ($66, 000.00) . -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 subd'vision; and will furnish the. necessary materials therefor, all in stri t conformity and in accordance with the plans and specifications, whic docum nts-have heretofore been filed in the Office of the Director of P b1ic.W rks and by this reference are incorporated herein and made a pa t here f. 2 It is expressly understood. and agreed that all monuments have been o will be installed within thirty (30) days after the com- plet on and acceptance of the required improvements, and that. Subdivider has nstall d or will install temporary. street namesigns:if permanent stre t name signs have not been installed. 3 It is expressly understood and agreed that Subdivider will caus all n cessary materials to be furnished. and all improvements re- quir d under the provisions of this contract to be done on or before the s cond nniversary-date of the.recordation of the map:.of said sub- divi iom. 4 It is expressly understood and agreed that Subdivider will perf rm sai improvement work as set forth hereinabove or that portion of s id imp ovement work serving. any buildings_or structures ready for occu ancy i said subdivision prior_to the issuance of-any certificate of c earanc for utility connections for said buildings or structures in s id sub ivision, and.such certificate. shall..-not be issued._until the Dire for of Public Works has certified in writing the completion of said publ c impr vements_or the portion•thereofserving said buildings or stru tares pproved.by the City; provided, however, that the improvement secu ity sh 11 not be required. to cover the provisions of this paragraph. 5 It is expressly. understood-and agreed.to by Subdivider that in th performance of said work, Subdivider. will conform to and abid by al of_the provisions. of the ordinances: of the City of Chula Vist ,.and. he laws: of the-State of California applicable. to said work. 6 Subdivider:furtheragrees.to furnish and deliver. to the City of Chu a Vista,,simultaneously with the execution of.this agreement, an a proved improvement security in the sum of THIRTY-THREE THOUSAND DOLL RS AND NO/100s ($33,000.00) whic secur ty shall guarantee the.faithful.performance of this contract by S bdvid r and.. is attached..hereto, marked Exhibit "A:' and. made a part here f. 7 Subdivider further agrees to furnish and de fiver to the City of China Vista, simultaneously-.with the execution of this agreement, an a proved. improvement. security in the sum of THIRTY-THREE THOUSAND DOLL RS AND NO/100s ($33,000.00) - to s cure t e payment of material and labor in connection with the instal- lati n of s id public improvements, which security is attached hereto, mark d Exhi it "B" and made a part hereof. 8 Subdivider further agrees to furnish and deliver to the City of Chu a Vista,.simultaneously with the execution of this agreement, an a proved improvement security in the sum of TWO THOUSAND NINE HUNDRED SEVE TY DOL ARS AND NO/100s ($2,970.00) to s cure t e installation of monuments, which security is attached hereto, mark d-Exhi it "C" and made a part hereof. 9 It is further agreed that if the public improvements are not omelet d within the time agreed herein, the sums provided by said impr vement securities may be used by City for the completion of the publ c-impr vements within said subdivision in accordance with the. spec ficati ns contained herein. Upon certification of completion by the irecto$.of Public Works and. acceptance of said work by City, and ,afte certification by the Director of Finance that all costs hereof are ally.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 securitye -2- 10. It is also expressly agreed and understood by the parties hereto that i no case will the~City of Chula Vista, or any department, board r affi er thereof, be liable for any portion of the costs and expens s of t e work aforesaid, nor shall any officer, his sureties or bondsm n, be fable for the payment of any sum or .sums for said work or -any ma erials furnished therefor, except to the limits established by the ap roved improvement security in accordance with the requirements of the State ubdivision Map Act and the provisions of Title 18 of the Ch la Vis a Municipal Code. 11. It is further understood and agreed by Subdivider that any en ineeri g costs (including plan checking, inspection, materials furnis ed and other incidental expenses) incurred by City in connection with t e apps val of the improvement plans and installation of public improv ments ereinabove provided for, and the cost of street signs and street trees s required by City and approved by the Director of Public Works hall b paid by Subdivider, and that Subdivider shall have de- posite with ity a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improv ments re fully completed and accepted by City, Subdivider will be res onsibl for the care, maintenance of, and any damage to, the street , alle s, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guaran ee all public improvements for a period of one year from date of final ccepta ce and correct any and all defects or deficiencies arising during said p riod as a result of~the acts or omissions of Subdivider, its ag nts or employees in the performance. of this agreement, and that upon a ceptan a of the work by City, Subdivider shall grant to City, by approp fate c nveyance, the improvements constructed pursuant to this agreem nt; pr vided; however, that said acceptance shall not constitute- a waiv r of d fects by City as set forth hereinabove. 13. It is understood and agreed that City, or any officer or employ e ther of, shall not be liable for any injury to person or property occasi ned by reason of the acts or omissions of Subdivider, its agents or emp oyees, in the performance of this agreement. Subdivider further agrees to pro ect and hold harmless City, its .officers and employees, from a y and 11 claims,. demands, causes of action, liability or loss of any sort, ecause of or arising out of acts or .omissions of Subdivider, its ag nts or employees, in the performance of this agreement; provided, howeve , that the approved improvement security shall not be required to cov r the rovisions of this paragraph. Said indemnification and agreem nt to old harmless shall extend to damages or taking of property r~ault ng fro the construction of said subdivision and the public improv ments s provided herein, to adjacent ,property owners as a con- sequen a of t e diversion of waters in the construction and maintenance of dra nage s stems and shall not constitute the assumption by City of any re ponsib lity for .such damage or taking, nor shall City, by said- approv 1, be n insurer or surety for the construction of the subdivision pursua t to s id approved improvement plans. 14. In the event that suit is brought upon this contract by City t enfor e the terms hereof, City shall be entitled to a reasonable sum as attorn y's fees. IN ITNESS WHEREOF, the parties hereto have caused this agree- ment t be ex cuted the day and year first hereinabove set forth. THE CI Y OF C ULA VISTA SUBDIVIDER: /~ Mayor the ity f Chu Vis a RO D ;, ~~ ATTEST ~ ,~~ ;~ I ~ ~~ _ De ty City Clerk Appro d as to ,far -,y a ~ o ary Acknbw edg ent here. ~~ - r j ,_