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HomeMy WebLinkAboutReso 1977-8735Form No. 352 Rev. 11-67 RESOLUTION N0. 8735 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN BONITA RIDGE ESTATES, UNIT NO. 3 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 that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, CLARA VISTA CORPORATION dated the 13th day of July , 1977 for the completion of improvements in that certain subdivision known as BONITA RIDGE ESTATES, UNIT NO. 3 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 W. J. Robens, Director of Public Works Approved as to form by George,: Lindberg, City Attorney ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 26th , day of July , 1977 , by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ~~ ~~ M or of the City of C la 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 13th day of 19 77 , by and between THECITY OF CHULA VISTA, municipa corporation, hereinafter called."City", and CLARA VISTA CORPORATION, a California corporation, 2222 Martin Street, Suite 251,. Irvine, CA 92664, herenaftercalled "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 proposedsubdivision, to be known as BONITA RIDGE ESTATES, UNIT N0. 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisionsof 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 haveeither installedand completed a1L 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 byan 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 con- . plete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliverto City improvement securitiesas approvedby the~City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as con- tainedin Resolution No. 7165 approved on the 5th day of February 19 74 , and WHEREAS, complete plans andspecif ications for the construction, installation and completion of said public improvement work have been prepared, submittedto and approved bytheDirector-of Public Works, as shown on Drawings No, 77-255D thru 77-261D , on file in the Office of the Director of Public Works, and WHEREAS, an estimate of thecost of constructing said public improvements according to said plans and specifications has been sub- mittedand approved by the City, in the amount of TWO HUNDRED TWENTY THOUSAND DOLLARS AND NO/100s ($220,000.) 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 tothe 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. St is expressly understood and agreed thatall 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 sign s.: if permanent street namesigns havenot been installed. 3. Lt 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- first anniversary date of the. recordation of themapof 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 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 agrees. to furnish and deliver to the Cityof.Chula.Vista,.simultaneously with the execution ofthis agreement, an approved improvement security in the sum of ONE HUNDRED TEN THOUSAND DOLLARS AND NO/1005 ($110,000.) 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 'ONE HUNDRED TEN THOUSAND DOLLARS AND NO/100s ($110,000.) -- 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 approvedimprovementsecur ity in the sum of EIGHT THOUSAND DOLLARS AND NO/100s ($8,000.) to secure the installation of monuments, which security is attached hereto, markedExhibit-"C" and made a part hereof. 9. It is further agreed that if thepublic 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 specificationscontained herein. Upon certification of completion by the Director.of.publicWorks and acceptance of said work. by City, and after certification by theDirector of Finance. that-all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof; may be released. to Subdivider or its successors in interest, pursuant to the terms. of. theimprovement 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 approvedimprovement 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 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 assumptionby 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 FTtIE RE OF, 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: ~~Q ~-~ CLARA VISTA CQRPORATION Mayor o the City of~Ch2ul Vista F.TTEST C.~ ~- Qt~~~ City C1 rk y Yamada, Secretary/ Treasurer Approved as to form by Attach otary Acknowled ment here. ~~ ~ ~ /~ ~, ~, City Attorney ~ ' T mas S. Masuda, Vice President LZST OF EXHIBITS t Exhibit "p" Improvement Security - Faithful Performance: Form:- Letter of Credit Amount: $10,000. Exhibit "B" Improvement Security - Material and Labor: . - Form: Letter o£ Credit Amount: 5110,000. Exhibit "C" Improvement Security - Monuments: Form: Cash Bond Amount: $8, 000. Securities approved as ~o form and amount by jam/ _ ~ _ ''~~ City Attorney Improvement Completion Date: Two years from date of Council approval of Subdivision Improvement Agreement.