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HomeMy WebLinkAboutReso 1977-8681RESOLUTION N0. 8681 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN RANCHO ROBINHOOD III SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, between the CITY OF CHULA divider, ROBINHOOD HOMES, dated the 9th day of of improvements in that c~ hood III, BE IT RESOLVED that that certain agreement VISTA, a municipal corporation, and Sub- INC. June 1977 for the completion :rtain subdivision known as Rancho Robin- a copy of which is attached hereto and by reference made a part here- of, 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 ~9~ W. J. Robens, Director of Public Works Approved as to form by ~ ,-~ r ",_ ; ~ . " ,. George="'D. Lindberg, City Attorney ADOPTED AND APPROVED by the -CLTY COUNCIL of VISTA, CALIFORNIA,. this 21st , day of June following vote, to-wit: the CITY OF CHULA _, 19 7 7, by the AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of Ch a Vista ATTEST City Clerk 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this gth day of J n , 1977 , 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, a corporation 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 RANCHO ROBINHOOD, Unit No. 3 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 thepublic 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. 8366 approved on the 26th day of October 19 76 , 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. 77-220D through 77-234D , 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 FIVE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($520,000), and 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- 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 subdivisi©n; and will furnish the necessary materials therefor, all in strict conformity and-in accordance with the plans and specifications, which d©cuments have heretofore been filed in the-Office of the Director of Public:Wc~rks~and-by this reference.=are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that-ail monuments have-been or will be: installed within thirty (3U) days after the c©m- pletion and acceptancerof the required improvements, and that. Subdivider has installed or will install temporary. street name signs:i.f permanent street name signs. have not been. installed .. 3. It is expressly understood and-'agreedshat Subdivider will causeall necessary materials to be fu-rushed:and. ail improvements re- quired under<-the provisions of this contract to be done on or before the first anniversary date of the.recordation`of thee.°map::o£ 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~er::the.portion thereof serving. said buildings or structures:: approved:.by.the City; provided..however, tha :_the..:mprovement security shall not be. required. to cover-.the provisions of this paragraph. 5. It is expressly.understood..and•. agreed-.to:by..Subdvider that, in the performance: of said work, Subdivider will conform to and abide_by all of :the .provisions of:the..ordinances;.ofthe-.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.ths_ agreement, an approved improvement-.security in the sum of TWO HUNDRED SIXTY THOUSAND DOLLARS_AND NO CENTS ($260,000.00) which security shall guarantee the.faithful.performance_o£ thi contract by Subdivider-and:is:attached.hereta, marked: Exhibit "A" and:-made a part hereof. 7. Subdivider.furtheragrees_to:_fur.nish.and deliver...to the City of:Chula...Vista,-simultane.ous.ly_with.the execution of:tills-agreement, an approved; improvement.security-in the sum of-TWO HUNDRED SIXTY. THOUSAND DOLLARS AND NO CENTS ($260,000.00) -- to secure the payment of material and labor.. in connection with the instal- latian 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 t® the City of Chula:. Vista,.simultaneously_with the execution ©f this agreement, an approved-improvement security in the sum of FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) 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:PUbiic=Works.and. acceptance. of :-said-_work:..by City,-.and after certification.;by the~Director of Finance._that all costs hereof are fully.pa~d-,-the whole-amount,.©r any part-.thereof-.not required for payment thereof-,-maybe-released-to.Subdivider.:nr.`its_successors in interest, pursuant to the terms=ofthe:improvement security.. -2- 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. 11. It is further understood 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 1 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 6VHEREOF, 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:. ROBINHOOD HOMES, INC. ~VC~. ~ - ' Mayor o the City~Jof Chul Vista ty ~i Approved as to,~or~by 'Attach Notary Acknowledgment here. r~ ~ % 1' ~/ ~~,~~. ~ ~ j~ j ~- ~~~f/.~--~/ _~l - G City Attorney 'C/ _ o _