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HomeMy WebLinkAboutReso 1968-4669• ~ • < Form Nof 342 Rev, 8-6~7 RESOLUTION N0, 4669 RESOLUTION OF THE CITY COUNCIL OF THE CITE OF" CHULA VISTA APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND ROBERT A. MILES AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS OP1 CERTAIN PROPERTY IN SAID CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Robert A. Miles, authorizing the deferral of the installation of certain public improvements on his property located at the northeast corner of Fourth Avenue and Center Street, dated the 15th day of December is attached hereto and incorporated herein 1967 a copy of which set forth herein be, and the same is hereby ahe same as though fully y pproved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and dz agreement for and on behalf of said City. rected to execute said Presented by Lane F. Cole, Director of Public Works Approved as to form by .~'C~~~~ George D Lindberg, City Attor ADOPTED AND APPROVED by the CITY COUNCIL of the CLTY OF CHULA VISTAa CALIFORNIA, this 16th day of following vote, to-wit: Januar 19 68 by the AYES: Councilmen! Anderson S lvester McAllister S arlin McCor NAPES: Councilmen None ABSEN'T': Councilmen! None .~ -~ / t' ~. C~-'~, Mayor of the ~ 12~`~ `" `~ rte, ty of Chula ~~ %-L.~- ity Clerk STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ss~ CITY OF CHULA VIS'T'A a ata r ~~ s Vista, California, DO HEREBY CERTIFY that1theCaboveoistaefully truehand correct copy of Resolution No. amended or repealed DATED ~ and that the same has not been. City Clerk AGREEMENT HiITH ROBERT A. MILES FOR THE INSTALLATION OF STREET IMPROVEMENTS THIS AGREEMENT, made and entered into this 15th day of December , 19E7 by and between. THE CITY OF CHULA VISTA, a municipal corporation, hereinafter caJ_led "City", and ROBERT A. MILES, an individual, hereinafter called "Owner"; W I T N E S S E T H WHEREAS, the City of Chula Vista has heretofore notified •Robert A. Miles of his duty to construct 230 lineal feet of Type '"G" cur:, and merolithic sidewalk and 2875 Square feet of A.C. paving over aggregate base, pursuant to Section 5876 of the Streets and Highways Code of the State of California, and WHEREAS, a public hearing, pursuant to the provisions of Section 5878.1 of the Streets and Highways Code was held on July 11, 1967, and WHEREAS, Robert A. Miles has requested a deferral in the installation of said improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In consideration of deleting the property belonging to Robert A. Miles, located. at the northeast corner of Fourth Avenue and Center Street, known as San Diego County Tax Assessment Parcel #568-270-G2 from said 1911 Act Improvement Proceedings, said Robert A. Miles agrees to forthwith post a faithful performance bond, or cash, in the amount of $1,900.00 as security for the installation of certain aforementioned improvements upon the property hereinabove described, m~~ore particularly and certainly desCribed :in improvement plans on file in the Engineering Department of the City of Chula Vista. 2. according to Chula Vista and ,C19ygof 3. The condition of said bond shall be that if the curb, sidewalk and paving hereinabove set forth shall be installed in accordance with the requirements of the City of Chula Vista on or before the 1st day of June 19 68 such bond shall become null and void. 4. Should cash be deposited rather than a surety bond, then said Robert A. Miles does hereby authorize the City of Chula Vista to install said improvements and to pay the cost of same out of the said $1,900.00 cash deposit, if said improvements have not been installed by the 1st day of Juno ~ lg 68 . IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~-'~~ _~ C.I .2,~ ~Y •~,~~~:.c-L.~ ~~ Mayor i~i' ~ , Attach Notary acknowledgment here. Said improvements will be installed completely all applicable regulations and standards of_ the on or before the 1st day of June OL~7NE R /~ ~ L^~.[-tom Ro ert A. Miles Approved as rm by .'~ George D indberg, City Atto y ~~~> A MEMBER OF PACIFIC EMPLOYERS GROUP ~ OF INSURANCE COMPANIES NOME OFFICE - LOS AN6ELE8 PreP."iiU~:.• V29o~0 BOND OF FAITHFUL PER.FORMADICE YL~IOW ALL ME:`1 BY THESE PPu~ENTS 5 That We, PGBEPT 4. T'~:ILES the contractor in the contract hereto annexed, as Principal, and PACIFIC ET~PLOYERS INSURANCE COMPANY, as Surety are held and firmly bound unto CITY Gr CHUL.4 VISTA, State o~ California as Obligee, in the sum of CP~F THGUSAT~D TiI~;~E HUTDRED Ai;D T~O~1GG-------------- DO? LARS (~ l , 9GG' . ~, lawful money of the TJnited States , for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this 2reTday of Jar_uary 196 b. THE COPTDITION OF THE ABOVE OBLIGATION I5 That if said Principal as contractor in the contract hereto annexed shall. faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than material, if any, agreed to be furnished by the Obligee, necessary to perform and com- plete, and to perform and complete in a good and w~ kmanlike manner, the work of _ mprovement per Deferral Agreement dated Decer:7ber 15, 1967, for constructior_ on property located at ~~ortheast Corner of Fourth Avenue and Center Street, pursuant to ~ect:ion 5$;6 of the S~reets and HighT~rays Code of the State of California, more particularly described in Improvement Plans on file in the Er.gineerin~ Dept, of City of Chula Vista or. or before the 1st day of June, 196, in strict conformity witr. the terms and conditions set forth in the contract hereto annexed, and shall pay or cause to be paid all per- sons t•*ho perform labor for, or furnish materials to, said contractor, or ~to any subccntrrictor, in the execution of said contract, than this obligation shall be null and void - -other*aise to remain in full force and effect; arrd the said Sure-t~r, for T~aue rece-~-red, he~`abJ stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be per- formed thereunder or the specifications adcompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension bf time, alteration er addition to the terms of the contract or to the work or to the specifications. ~~, , - _ ~ e Rob,~rt ~. Iles PACIFIC EP~lP ERS INSURAPdCE COMPANY BY z -~" .v. Allen T'~ioss, A rney-in-Fact ,1s~~