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HomeMy WebLinkAboutReso 1982-11062 RESOLUTION NO. 11062 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 80-25, CASTLE PARK TOWNHOMES, 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 MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT 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 Chula Vista Tract 80-25, Castle Park Townhomes, and more particularly described as follows: Being a subdivision of the southerly half of Lot 12, Quarter Section 118 of Chula Vista, in the County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County March 13, 1888 _s 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: Portions of HILLTOP DRIVE and TOBIAS 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 street tree planting and maintenance, as granted and shown on said map within said subdivision, subject to the con- ditions 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 accepted on behalf of the public as heretofore stated, and that -1- t9. tlL .D those certain easements with the right of ingress and egress, for street tree planting and maintenance as granted thereon and shown on said ~p within said subdivision are accepted on behalf of the City of ~ula Vista as hereinabove stated. BE IT FURTHER P~ESOLVED 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 29th day of April, 1982, 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 -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th day of November 19 82 , by the following vote, to-wit: AYES: Councilmen Moore, McCandliss, Scott, Cox, Malcolm NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None Maybe City of Chula Vista S1M, E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11062 ,and fhot the same has not been amended or repealed. DATED (seal) City Clerk CC-660 Onsite improvements for carports, storage and trash enclosures in the amount of $83,000.00 per approved CASTLE PARK TOWNHOMES plans. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. 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 City, in a good and workmanlike manner, and under the direction and to the satisfaction and approval of the Director of Building and Housing and the City Eng_ineer of the City of Chula Vista, those building improvements, landscaping and irrigation work as required pursuant to Chapter 15.56 of the Chula Vista Municipal Code. 2. Subdivider shall provide to the City the following sureties in a form acceptable to the City Attorney and attached hereto: A. A security arrangement for carports, storage and trash enclosures in the amount of $83,000.00- B. Security arrangements in the amount of $5,000.00 for landscaping and $3,300.00 for landscape maintenance for the first year. 3. It is expressly understood and agreed that Subdivider shall have completed all of the required improvement work 120 days from recordation of the final map. Such work shall proceed in an expeditious manner and shall be completed 90 days from the issuance of the permits. However, the City Engineer and the Director of Building and Housing are authorized to approve an extension of said completion time for an additional period not to exceed 120 days with the understanding that no sales of units may be undertaken and no certificates of occupancy shall be issued until all of the improvements required herein shall have been completed. 4. It is expressly understood and agreed that Subdivider will notify all purchasers of units within the proposed condo- miniumof the commitments contained herein and that said improvements as required herein should be accomplished prior to occupany of any unit. 5. Failure to complete all work as required herein within 120 days from recordation of the final map gives City complete authority to utiliz! any and all of the amount of the sureties posted to accomplish said purposes. Upon certification of completion by the ,City Engineer and the Director of Building and Housing, and after certification by the Director of Finance that all costs thereof have been fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to S::bdivider or its succesors in interest pursuant to the terms of the improvemen~ surety. 6. It iS alS~ expressly a~reed End portion of the costs and expenses of the work aforesaid, nor shall any officers, 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 surety in accordance with the requirements of the State Subdivision Map Act and the provision of Title 18 of the =====!b!~ Chula. Vista Municipal Code and Chapter 15.56 of the Chula Vista Municipal Code. SUBDIVISION-COND(DMINIUM IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 80-25 CASTLE PARK TOWNHOMES ' f~ da THIS AGREEMENT, made and entered into this 2~ y of ~.~._ , 1982, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and T. L. SHELDON CORPORATION, 2254 Moore Street, Suite 202, 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 CHULA VISTA TRACT 80-25,- CASTLE PARK TOWNHOMES, 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 Chapter 15.56 of the Chula Vista Municipal Code, 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'1 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 fubdivider's own expense, all of the public improvements and/pr land development work required in said subdivision Qithin a definite period of time prescribed by said Council and further Subdivider shall have accomplished, or by agreement with appropriate securities deposited with the City, a guarantee of all those improvements in accordance with Chapter 15.56 of the Code, 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 comple"e, at Subdivider's own expense, all the public improve- ment '..~ork r%qu~-ed by City in connection with the proposed subdivision and those improvements required by Chapter 15.56 of the Chula Vista Municipal Code as set forth herein and, further, will deliver to City necessary sureties as approved by the City Attorney to guarantee the accomplishment of said improvements, and WHEREAS, a tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions, as contained in Resolution No. 10329, approved on the da]~ of December, 1980, and WHEREAS, no pla:~ for publ[c improvements are required, WHEREAS, the requirements as set forth in Chapter 15.56 of the Chula Vista Municipal Code and the estimated cost of said improvements are as follows: 7. 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 perfo~ance 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 ~ any sort, because of or arising out of acts or omissions of ~ubdivider, ~ts agents or employees, in the performance of th:s agre~ent; provided, however, that the approved improvement security shall not be required to cover the provisions of this par~raph.. Said indem- nification and agreement to hold harmless shall extend to damages or taking of property resultin9 from the cons~tion of said subdivision ands'the public improvements as provided .herein, to adjacent property o~ner~ 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 anylres~nsibility 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. 8. In the event that suit is brought u~n this contract by City to enforce the terms hereof, City shall be entitled ~ a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first her ' sbove set forth. '~ THE CI Y OF CHU~VI~ SUBDIVIDE: C6R~' STI ~ ~ Approved as to form by City Attorney