HomeMy WebLinkAboutReso 1970-5608Fotfi No. .742
Rev _1-69
RESOLUTION NO. 5608
RESOLUTION ;.iF' THE CITY COUNCIL OF THE CITY C~ ~~HULA
VISTA, APPRO~TING AGREEMENT BETWEEN THE CITY ~?~ ``H~iI..~_
VISTA AND AMERICAN HOUSING GUILD
AND A[]THORI Z 1NG THE MAYOR TO EXEC~ITE. SA.1 D AGREFMF?~''?'
The City Council of the City of Chula Vista duPa l~;e~eby
r~~s:a-ate as follow; ;
NOW, THEREFORE, BE IT RESOLVED that that. certain :gre:Lm=r:.+
LF=twee. T:HE CITY OF CHULA VISTA, a municipal c~:rp~r_atror., and American
Housing Guild, Subdivider, for participation in the public improvements
of Oleander Avenue adjacent to Zenith Subdivision and Greg Rogers Park
concurrent with the installation of public improvements in Zenith
Subdivision,
~. ted the 21st day of April ~+.970 ~ wopy of wrz~-r,
~.s at.tached hereto and incorporated herein., the same as though f~u~ly
~;e,x. forth herein be, and the same is hereby app-roved
BE IT FURTHER RESOLVED by the City Council of the City of
Chula Vista that the sum of $7,400.00 is hereby authorized to be ex-
pended from the 2106 Contingency Fund of Gas Tax monies for the purpose
set forth hereinabove.
BE IT FURTHER RESOLVED that the Mayor cf trye Cs ~y -~;:1 : ~`~s.~ ;,. ,
~'~ ~<ta ~F, and he is he.r°eby authorized and di ~cected to execut:~- ~~a. ,~
a~:ceement for and on behalf of the City of Chula Visr a A
Y ~ 'yen+.e.d by
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,,~=-~~ a'~ ,~ ~ ~ cz- ~ -
Lane F. Cole, Director of Public
Works
ADOPTED AND APPROVED by the CITY COUNCIL: of
o'iSTA, CALIF"ORNIA, this 21st day of April
"~ ~:~.~ ~ L~,w~_ng vote , to-wl t
Approved as ± M foh m b~,
~,~.+! ',
George D. 7 ndberg, City Attorne
9 7 0 ~s A,, +. r,
~''>°'-~~. ~ Courac3. men Scott, Hobel, Hamilton, Hyde
NA.YES; Councilmen None
riF-~~A=ANT: Councilmen None
~ ~ ~.~
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Mayor of r_he C.ty f CY: .; . _ ~.rr st
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City Clerk
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~~'~'~'E` O~ CAL~IF"ORNIA
f,~:'r:JN~CY OF SAN DIEGO ss „
~°'I"Y Off' CHULA ~~tISTA °~
~. City Clerk ,~1 t.rie Cir_y ~;~ i .;
`~ ~s~~- a, California, DO HEREBY CERTIFY that the above ~s a ,~;~ ~ a , ~ ~ 1z ~:
_ ._~„-t ,^,opy of Reso,~ution No. and that fihe same "~s
amF~^ded or repealed, DATED ._
Ci r_y C 1er}c
AGREEMENT FOR PARTICIPATION IN THE PUBLIC IMPROVE-
MENTS OF OLEANDER AVENUE ADJACENT TO ZENITH SUBDIVISION
AND GREG ROGERS PARK CONCURRENT WITH THE INSTALLATION
OF PUBLIC IMPROVEMENTS IN ZENITH SUBDIVISION
THIS AGREEMENT, made and entered into this 21st day of
April 1970, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City"; and AMERICAN
HOUSING GUILD, hereinafter called "Subdivider";
W I T N E S S E T H
WHEREAS, Subdivider is presently developing that certain
subdivision known as Zenith Subdivision, which development includes
the public improvement of certain streets located with said sub-
division, and
WHEREAS, City now desires to install a portion of Oleander
Avenue lying off-site of said subdivision and the Department of
Public Works has determined that the following advantages would
result if the City participates in the construction of said public
improvement in conjunction with the installation of public improve-
ments in Zenith Subdivision:
1. The City would benefit by gaining the full
ultimate improvement of Oleander Avenue at a reduced cost.
2. People using the facilities of Greg Rogers Park
will benefit from the construction of the improvements.
3. Construction of Oleander Avenue to ultimate
improvements will aid its future connection with East Palomar
Street and Oleander Avenue to the south.
and
WHEREAS, the engineer of work of said Zenith Subdivision
has submitted a cost estimate for said participation in the im-
provement of Oleander Avenue in the amount of $7,400 which includes
pavement, curb, gutter, sidewalk and street lights, the cost of
which will be the same as the unit prices for the subdivision
work being performed, plus twelve percent (12%) for overhead and
profit to Subdivider for said work.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by
and between the parties hereto as follows:
1. Subdivider agrees to install such improvements as
shown on Drawing No. 70-20D on file in the office of the Director
of Public Works for that portion of Oleander Avenue lying off-site
of said Zenith Subdivision which improvements shall include 10,566
square feet of pavement, including excavation amounting to 2,000
cubic yards, 585 lineal feet of monolithic curb and gutter, 2,623
square feet of 4" sidewalk, 20 lineal feet of barricade, 5 lineal
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feet of pavement cutoff wall and 1 street light. Said work shall
also include the removal of 15 lineal feet of existing curb and
gutter and 60 square feet of existing sidewalk. The completion
and acceptance of. said improvements shall be in accordance with
that certain Subdivision Improvement Agreement by and between
the City of Chula Vista and Subdivider, approved by Resolution
No, 5608 adopted on the 21st day of April, 1970.
2. City agrees to pay its proportionate share of the
cost of said improvements, in an estimated amount of $7,400.00,
based upon the unit cost of work being performed in conjunction
with the development of Zenith Subdivision plus twelve percent
(12°s) overhead and profit for Subdivider. Said proportionate
share of the cost of said improvements will be paid to Subdivider,
American Housing Guild, upon completion and. acceptance of the
improvements by the City of Chula Vista.
3. City further agrees to make partial payments of the
full costs of the participation agreement upon submission and
verification of requests for payment, accompanied by paid vouchers,
provided, however, that ten percent (100) of the proposed partici-
pation costs shall be held for a period of one month (1 mo.) sub-
sequent to the completion and acceptance of said improvements in
accordance with the Subdivision Improvement Agreement, as hereinabove
set forth.
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 I AN HOUSING GUILD- SAN DIEGO
`~ ~ta Development Co.
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Attach Notary Acknowledgment Here
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Approved as to form by <o
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George D. Li~idberq, City Attorney,: ~, w
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State of CAL I FORN lA ~ SS.
~OUOty Of -SAN D I EGO )
On .Ap~.~.~...20, 1970
........................... before me, the unaei
signed, a Notary Public in and for said County and State, personally a{
R M $teYenSOn ................................ known to me t
geared .....l.._.....! ...... .. .. ............... .
be the ................ President, and..............~'.'............................. ............
known to me to be the .............................................. Secretary of th
corporation that ezecuted the within instrument and known to me to b
the persons who .ezecuted the within instrument on behalf of said torpor
lion, said corporation being known fo me to be a general partner r
AMERICAN HOUSING GUILD-SHN DIEGO
a partnership, the partnership that ezecuted the within instrument, ar
acknowledged to me that such corporation ezecuted the same as sut
partner and that such partnership ezecuted the same.
WITNESS my hand and official seal. /1~_
(Seal) ~
--- Theresa .!. .1e Lc.~ia
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