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HomeMy WebLinkAboutReso 1983-11142 Please Return To: Ln , OFF~C[,'-L ~::F"'ff ~: ' -.~ ' 'e ~ ~ 61~ O~k RESOLUTION NO. 11142 iO: ~ C~a ~is~ ~o~a 92012 VISTA APPROVING ~P O~ CHU~ VISTA T~C2 ~ib ...... -. ~ CHARTSR POINT UNIT 2~ ACCEPTING ON BEHAL~ O~ 2HE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID ~P, AND ACCEPTING ON BEHALF OF THE CITY OF CHU~ VISTA THE EAS~ENTS G~NTED ON SAID MAP WITHIN SAID NO ~E SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS ~QUIRED BY SAID SUBDIVISION ~D 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 Chula Vista Tract 80-20 Charter Point Unit 2 and more particularly described as follows: Being a subdivision of a portion of Parcel 3 as shown on Parcel Map filed in Book of Parcel Maps at page 4148 in the office of the County Recorder of San Diego County, October 14, 1975, portion of Parcel 1 as sho~ on parcel map filed in book of parcel maps at page 5481 in the office of the County Recorder Of San Diego County, January 17, 1977, and a portion of the Northwesterly Quarter of Quarter Section 11 of Rancho de la Nacion, according to Map thereof No. 166 filed in the office of the County Recorder of San Diego County, May 11, 1869; all being in the City of Chula Vista, County of San Diego, State of California. 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 street, to-wit: APACHE DRIVE, and said street is hereby declared to be a public street 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 ingress and egress for the construction of sewer, drainage, emergency access, street tree planting, sidewalk ramps, pedestrian access, alley aprons and public utilities, and emergency access, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- .-,,1406 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 street is accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, sidewalk ramps, pedestrian access, alley aprons and public utilities and emergency access 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. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 25th day of January , 1983, 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 /s/John P. Lippitt John P. Lippitt, City Ge'~rge D. Lindberg, City Attorney Engineer ,.,-. -1407 AOOPTF.D AND APPROVF'0 BY THF. C~TY COUNCIL OF THE C~TY OF CHULA VISTA, CALIFORNIA, this 2,~th day of ~lanu~ry 19 R-~ , by the following vote, to-wit: AYF.S: Councilmen Scott. Cox. Nalcolra. Noore. NcCandltss NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None /s/Gregory R. Cox Mayor of ~e City of Chulo Vista ATTEST/s/Jennie M. Fulasz City Clerk STA~ E OF CALIFORNIA ) SOUNTY OF SAN DIEGO ) s s. :ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, )O HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 11142 ,and that the same has not been amended or repealed. )ATED January 26, 1983 /C- ///g9 :C-660 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: TREETOPS UNLIMITED~ A JOINT VENTURE ?r_~of~ it~y. of~-h BY: PACIFIC SCENE, INC. BY Z TAIAL RPORATED Approved as to form by : City Attorney (Attach Notary Ac edgment) -5- 1408 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 25th day of ,]anuaPy , 19.83. , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and TREETOPS UNLIMITED~ 3900 HaPhey Street, San Diego, California 92110, hereinafter called "Subdivider"; WITNESSETH: 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 CHARTER POINT UNIT 2 pursuant to the provision 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 requirements 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 subdivision 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 complete, at Subdivider's own expense, all the public improve- ment 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 revised tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 10276, approved on the 30th day of September, 1980, and Form No. CA-410 Revised 12/82 R-]]]42 -1- :. .-1409 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings Nos. 81-424 through 81-427 inclusive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of ONE HUNDRED EIGHT THOUSAND DOLLARS ($108,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1o Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements 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 City Engineer and by this reference are incorporated herein and made a part hereof. 2o It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider 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 City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. II -2- 5. It is expreSSly understood and agreed to by Subdi- vider 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 City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIFTY FOUR THOUSAND DOLLARS ($54,000.00) 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 FIFTY FOUR THOUSAND DOLLARS ($54,000.00) to secure the payment of material and labor in connection with the installation 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 SIX THOUSAND DOLLARS ($6,000.00), per private engineer's estimate, 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 comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer 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 released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 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. 1411 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 City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited 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, alley, 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, as indemnitee, 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, or indemnitee, related to 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, or indemnitee, related to 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 consequence 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. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements.