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HomeMy WebLinkAboutReso 1976-8371Form No. 352 Rev. 11-67 RESOLUTION NO. 8371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN ZENITH 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, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, PARK VIEW COMPANY dated the 20th day of October 19 76, for the completion of improvements in that certain subdivision known as ZENITH III, 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 ~-[_r` J. W. J. Robens, Director of Public Works Approved as to or by Georg D. Lindberg, City Att ey ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 26th , day of October , 1976 by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel NAYES: Councilmen None ABSENT: Councilmen None .~~. ~.~ Mayor of the City of Chula Vista i ATTEST: !y~- ~ ~ ,fin City C1 rk v' 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 October , 1976 , by municipal corporation, hereinafter a partnership, 358 Trousdale Drive, hereinaftercalled "Subdivider"; entered into this 20th day of and between THECITY: OF CHULA VISTA, called "City", and PARK VIEW COMPANY, Chula Vista, California 92010 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 zENITH III 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 publicimprovements 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 proposedsubdivision and will ~' deliverto City improvement securities asapproved~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. 7539 , approved on the 26th day of November, 19 74 , and WHEREAS, complete plans andspecifications 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 shownonDrawings No. 76-218D thru 76-223D , 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- mittedand approved by the City, in the amount of FIFTY FOUR THOUSAND DOLLARS AND NO CENTS ($54,000.00). NOWT 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 workmanlikemanner, under the direction and to the satisfaction and -1- approval of the Director of Public Works, all of the public improvement andJorland-developmenbwork required tobedone 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 if permanent street name signs have not been installed. 3. It is expressly understood and. agreed that Subdivider will cause. all necessary materials to be furnished and all improvements re- quired under the provisions of this contract to be done on or before the second anniversary date of the recordation of the map of said sub- division. 4. It is expressly understood andagreed 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,.andsuch 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_bg the City; provided, however, that. the improvement security shallnotbe 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.byallof.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 securityp in the sum of TWENTY SEVEN THOUSAND DOLLARS AND NO CENTS ($27,OOO.OD) 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 deliver _to the Cityppppof Chula_Vista, simultaneously with the execution of this agreement, DOLLARS~ANDNO CENTSe ($27e OOOioy)in the sum of TWENTY SEVEN THOUSAND to secure the payment of materi00al 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, simultaneouslywith the execution of this agreement, an apppproved-improvementr security in the sum of ONE THOUSAND DOLLARS AND ND CENTS ($1,000.00) to secure the installation of monuments, which. security is attached hereto, markedExhibit"C" andmade 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.improvementswithin saidsubdivision in accordance with the specifications contained herein.. Upon certification of completion by the Director-of-PublicWorks 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. Subdividerorits successors in interest, pursuant to the terms of the-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 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 WHEREOF, the parties hereto have caused this agree- ment to be executed .the day and year first hereinabove set forth. THE CITY OF CHULA VISTA - J-.SUBDIVIDER: PARKVIEW COMPANY ATTEST ~_ 2'yL ZQi '/[~~YiLGC~~~ ~~ur~-r.-f'/-S~ ~-=F-~"-~ City Clerk -~~~~ ~" Approved as to fyrL Attach Notary Acknowledgment here. ~- City Attorney LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: ;527,000.00 Exhibit "B" Improvement Security - Material and Labor: . - ~ Form: Bond - Amount: 527,000.00. Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $1,000.00 Securities approved a to orn and amount by ~~Vty Attorney Improvement Completion Date: Two Years from Date of Council Approval of- the Subdivision Improvement Agree-ment