Loading...
HomeMy WebLinkAboutReso 1978-9060Form 348 Rev. 3-78 RESOLUTION NO . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF ROBINHOOD POINT, UNIT NO. 4 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 APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHO- RIZING THE MAYOR TO EXECUTE SAPQE 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 ROBINHOOD POINT, UNIT NO. 4 and more particularly described as follows: Being a subdivision of a portion of the east half of the southwest quarter of Section 18, Township 18 south, Range 1 west, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, according to the official plat thereof. No. of Lots: 106 Lots - 94 residential lots; Area: 30.647 acres 10 common area lots; 1 non-buildable lot and 1 control lot 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 SEQUOIA STREET, WEST POINT DRIVE, POINT BARROW DRIVE and MORRO POINT DRIVE 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 hereby directed Supervisors of FURTHER RESOLVED that the City Clerk be, and she is to transmit said map to the Clerk of the Board of the County of San Diego. - 1 - BE IT FURTHER RESOLVED that that certain improvement agreement dated the 17th day of Februar , 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 W. J. Robens, Director of Public Works Approved as to fo b ~;~ / ~/ ~/ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of April ~ 197 8 ~ by the following vote, to-wit: AYES: Councilmen Cox, Iiyde, Scott, Egdahl, Kobel NAYES: Councilmen None ABSENT: Councilmen None _ Mayor of t e City of ula Vista ATTES'~- 2- - ~ r'~ City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, • City of Chula Vista, California, DO HEREBY CERTIF a full, true and correct copy of Resolution No. _ same has not been amended or repealed. DATED City Cler - 2 - City Clerk of the Y that the above is and that the ~v 60 Form No. CA-410 Rev. 8/76 SUBDIVISION. IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of February , 1978 , by and between THE CITY. OF CHULA VISTA, a municipal corporation,,hereinafter called."City", and ROBINHOOD HOMES, INC., 358 Trousdale Drive Chula Vista, California 92010 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 ROBINHOOD POINT, UNIT NO. 4 SUBDIVISION 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 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 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. 8146 , approved on the 4th day of May 197 6 , 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. 78-44D through 78-56D , 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 TWO HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($280,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD 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- 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 name signs .f permanent street name signs have not been instilled. 3. It is expressly understood and-agreed that Subdivider will cause-a11 necessary materials to be furnished and all improvements re- quired under the-provisions. of this contract to be done on or be-fore 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 structure 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 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.afirees-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-ONE HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($140,000.00.). which-security.shall.guarantee.the..faithful performance:of_thi contract by Subdivider and. is attached.. hereto, marked.Exhibit•"A:' and,.-made a part hereof. 7. Subdivider further agrees_to=:furnish and deaiver,to the City of Chula...Vista,.simultaneously_with the execution of this agreement, an approved: improvement. security in the sum of ONE HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($140,000.00) 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 .FIVE THOUSAND, SIX HUNDRED FORTY DOLLARS AND NO CENTS ($5,640.00) to secure the instal~.ation 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, maybe released to Subdivider-or its successors in interest, pursuant to the terms_of the: improvement security. -2- 10. It is also expressly agreed and understood by the parties iereto 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.£or the payment of any sum or .sums for said work or my materials furnished therefor, except to the limits established by .he approved improvement security in accordance with the requirements ~f the State Subdivision Map Act and the provisions of .Title 18 of .;he Chula Vista Municipal. Code. lI. It is further understood and agreed by Subdivider that my engineering costs (including-plan checking, inspection, materials urnished and other incidental expenses) incurred by City in connection pith the approval of the improvement plans and installation of public Lmprovements hereinabove provided for, and the cost of street signs and street trees as required by City and .approved by the Director of Public forks shall be paid by Subdivider, and that Subdivider shall have de- ~osited with City a sum of money sufficient to cover said cost. STATE OF CALIFORNIA l COUNTY OF San Diego }ss. on_ February 17 1978 )before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E . Casey known to me to be the President, and John D . Casey known to me to be 1heV1Ce-President~r,,, , of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed The within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL M. G. BRAU[IAW~Y NOTARY PUB! IC CALIFORNIA PRINC" :CE IN SAN DIEGO COUNTY My Commission Expires Sept. 18, 1981 - ~ime as all Lvider will to, the. proposed 'Lvider shall Erom date of Zcies arising subdivider, :, and that to City, by It to this constitute dnnunxummrmuumHUnrruunwwunruuuwwuwwmem°01H1N"1tl" 7 0 f f l ce r o r Signature ion or property M. G. Braudaway ~ its agents Lder further Name (Typed or Printed) (This area for official notarial seal) _ employees , -- ----~ ----- --- --------~ -----------. ______ ~_ -y or loss >f any sort, .because of or arising out of actsror omissionsVof Subdivider, .ts agents or employees, in the performance of this agreement; provided, towever, that the approved improvement security shall not be required. :o cover the provisions of this paragraph, Said indemnification and tgreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public .mprovements as provided herein, to adjacent property owners as a con- sequence of the diversion of waters in the construction and maintenance >f 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 :ity to enforce the terms hereof, City shall be entitled to a reasonable cum as attorney's fees . IN WITNESS WHEREOF, the parties hereto have caused this agree- ient to be executed .the day. and year first hereinabove set forth. .'HE CITY OF CHULA VISTA iayor of-~the City of Chu -TTE5 T City Gler ~~1 ~. -_. ,. -pproved as to form by Attach Notary Acknowledgment here. City Attorney ~ G,~ SUBDIVIDER: ROBINHOOD HOMES, INC. s to LIST OF EXHIBITS ~;: Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $140,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $140,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $5,640.00 Securities_ a proved, as to form and ,amount by ~~ ~ - Ci` City Attorney Improvement Completion Date• Two years from date of Council approval of the Subdivision Improvement Agreement.