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HomeMy WebLinkAboutReso 1978-9040RESOLUTION NO. 9040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF RESUBDIVISION OF LOT 340, EL RANCHO DEL REY, UNIT #5, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID P2AP WITHIN SAID SUBDIVISION, AND APPROVING AGREEP'IENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME 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 RESUBDIVISION OF LOT 340, EL RANCHO DEL REY, UNIT #5 and more particularly described as follows: Being a subdivision of Lot 340 of E1 Rancho del Rey, Unit No. 5 in the City of Chula Vista, County of San Diego, State of California, according to P!Iap thereof No. 8723, filed in the office of the recorder of San Diego County, November 23, 1977. Area: 18.349 Acres No. of Lots: 43 Residential Lots 3 _Open Space 46 Lots 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: a portion of SESAME STREET and SAGE VIEW and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots "A", "B", and "C" are hereby dedicated for open space park and other public uses. 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. - 1 - BE IT FURTHER RESOLVED that that certain improvement agreement dated the 8th day of March 1978 for the completion of improvements in said subdivision, 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 '~ e~' .~ C ~- ~-' ~ ~~ W. J. Robens, Director of George D. Lindberg, City Atto ney Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of March ~ 1978 , by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen E~dahl . ,/ _ ~ Mayor of the City of hula Vista ATTEST ,~~= ' ' ZC. City Cler STATE OF CALIFORNIA) COUNTY 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 full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk - 2 - Form No. CA-41U Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of March , 1978 , by and between THE-CITY OF CHULA VISTA, a municipa corporation, herei an fter called "City", and THE GERSTEN COMPANIES, 9701 Wilshire Blvd., Suite 1010, Beverly Hills, California, 90212 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 Resubdivision of Lot 340, El Rancho del Rey, Unit #5 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 ari agreement with City, secured by an approved improvement security to insure the performance of said. work pursuant to-the require- ments of Title 18 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 Subdividerwill 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. 8759 , appr©ved on the-9th day of August, 19 7 7 , and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared, submitted ,to and approved by the Director of-Public Works, as shown on Drawings No. 78-91D through 78-94D , 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 City, in the amount of ONE HUNDRED SIXTY THREE THOUSAND DOLLARS AND NO CENTS ($163,000.00). NOW; THEREFORE, IT IS MUTUALLY UNDERST©OD 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 perfozmed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and -1- l0. 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. 1I. It is f urtherunderstood and agreed by Subdivider 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 for a 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 ~ SUBDIVIDER: THE GERSTEN COMPANIES _, ,~. ,.:. ~~ Mayor of the City of C a Vista ATTEST 72~fl~,:/ ~ ._ ~.~~ Executive Vice President C~.ty Clerk Approved as to form by 'Attach Notary Acknowledgment here. t ~ ~~~ , z-- ~ ~ ~~ --., City Attorney 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 in 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. street namesigns if permanent street name signs have not been instilled. 3. It is expressly understood and agreed-that Subdivider will cause all necessary materials to be furnished, and ail improvements re- quired under the provisions of.this contract to be done.on or before the second 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 structures- ready for occupancy in said subdivision prior_to the. issuance of-any certificate of clearance for utility.connections for. said buildings or 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. con-form 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 this agreement, an approved improvement security in the sum of EIGHTY ONE THOUSAND,FIVE HUNDRED DOLLARS AND NO CENTS ($81,500.00) 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 deliver .to the City of Chula..Vista, simultaneously with the execution of_this agreement, an approved improvement security in the sum of EIGHTY ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($81,500.00) _ 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 securit in the sum of THREE THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($3,200.00 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 public 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 rel.eased-to Subdivider-or its .successors in interest, pursuant to the terms of the-improvement security.. -2- LIST OF EXHIBITS Exhibit "A" -Improvement Security -Faithful Performance: Form: Letter of Credit Amount:' $81,500 Exhibit "B" Improvement Security -Material and Labor: Form: Letter of Credit Amount: $81,500 Exhibit "C" Improvement Security -Monuments: Form: Bond Amount: $3,200 Securities approved ~s ~o form and amount by City Attorney Improvement Completion Date: Two Years from Date of Council Approval of the. Subdivision Improvement Agreement.