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HomeMy WebLinkAboutReso 1970-5506°'orm No. X42 rev ~].-69 RESOLUTION NO. 5506 RESOLUTION OF THE CITY COUNCIL OF THE C=1TY OF C.H[~LA VISTA, APPROijING AGREEMENT BETWEEN THE CITY OF C;N3L VISTA AND NACION ASSOCIATES FOR PARTICIPATION IN PUBLIC IMPROVEMENTS IN THE EAST PALOMAR STREET EXTENSION AND A~JTHORI 7IN THE MAYOR TO EXECl~'I°E SAID AGREEMENT The City Council of the City of Chul1 Vista d,~e~ racre~y x ~soi_~,e as fol ow: NOW, TTIEREFOR.E, BE IT RESOLVED that that ~.err_~ln rgre~m~t "_ ~~twee~ THE CITY OF CHLTLA VISTA, a m~,~nicipal ti~~xpora-~ior~, and Nacion Associates, a subdivider, for participation in public improvements in the East Palomar Street extension in connection with the develop- ment of Chula Vista Gardens Units 6, 7, and 8 dated the 15t1~i day of l~anuar}i X970 _ =~:~py ~of 7~,f,; ~-~. ~.s at*~ached hereto ar~d incorporated herein , the same ;s Lh~:;~1~rz ~~ ~ 1X, ~~*~ forth herein be, end the same is hereby ~pprcved_ BE IT F~?RTHEP RESOLVED that the Mayer of t~.e C.I~Y ~~~ ~.+-,:a ~• ~~ Vs~:~- be, and he is hereby auth.or~zed and directed to execute r~.~ :~c~.Qement for and n behalf of the City of Chl,~~a V~rt3. ~r~~e~~}Yd by ;., - ~// Lane F. Cole, Directo Public Works ADOPTED AND APPROVED by the C:~TY COVNC? L of [1'ie Ca :~ T4 C<-F' ,- H :J1 ~~'ISTA, CALIFORNIA, this 13th day cf January ~ 70 py +. r:~- foi~,~°w~.ng vote, to-wit: __~ - _ A~FS ~ Counc~ linen Scott, Sylvester, Hamilton, Hyde, McAllister N,?~XES : Councx ~lme~z None ABS~'NSP: Councilmen None ~~e~~. Mayan e~f fihe ~.~ty :;f '_ ~ ~r;_~r=~~_. v ~.t.y Clerk ~ ~~':['.AT r r,+F CAL•.IFORNIA C~'l~NT`r' OF SAN DIEGO + ss z Cn ;-_?"i' OFD CHULA vIST,A _ ~~ , City Clerk ~ut t~~~e Cary .-1 ~w ~ r-~ q C;~lzfJcrnia, DO HEREBY CERTIFY than. the ~b~~vve ~ s ~ ` .: ~ .-, ~.. -, ..~ . =;~;- w copy o* Re~c { ut~o~ D?^ and that *_t-~e =~ ~m~e ` ~ ?~r~{-~nd.ed ox repea~~;d. DATED ~ y _ Cary Cl~:k App roved ~> *: _ r",,~, ~ by AG.rc:_E_T~i.E:TtT ~,CR PF_RTICIPATIvT_v IN PUBLIC IP~IPkOVEP~~FNTS IN THE EAS^1 PALONaAP. S T EtEET E~TETS_ ON IN CONNEC^1 ION hTT_T T`HE );EVELOLMET~T CF' CHULA VISTA GAP.DEPdS UNITS 6 , 7 AND 8 THIS AGREET~LNT, made and entered into this 15 _day of _January , 1970, by and between THE CITI' OF CHULA VISTA, a municipal corporation, hereinafter called "City", and NACION ASSOCIATES, a general partnership, hereinafter called "Subdivider"; W I T N E S S E T H 4u'HEREAS, Subdivider, NACION ASSOCIATES, has heretofore sub- mitted a. tentative map for that certain subdivision known as Chula'Vista Gardens Units 6, 7 and 8, and said map was approved by the City Council of the City of Chula Vista by Resolution No. 4819 on the ?_nd day of July, 1958, and WHEREAS, in connection with the development of said subdivision, Subdivider is.required to construct the improvements on the northerly side of Palomar Street adjacent to said subdivision, and the City Council has heretofore approved the extension of East Palomar Street as a joint City-County project, and WHEREAS, a substantial savings would be realized if the fill and drainage facilities on the southerly side of Palomar Street were constructed by Subdivider in conjunction with the grading being done at this. time, which additional fill and drainage facilities consists of the placement of approx;_mately 6,000 C.Y. of fill and the installation of 33' of 48" RCP, and WHEREAS, Subdivider is agreeable to performing said work for the City, the cost of which would be the same as the. unit prices for the subdivision work being performed, in the following approximate quantities and estimated pY-ices: Required fill - 5,700 C.Y. at $0.35 .............$1,995.00 Additional 48" RCP - 33 L.F. at $29.00.......... 957.00 Headwall - 1 each at $475.00 ................... 475.00 . 3,427.00 and WHEREAS, funds for said fill and drainage facilities on the southerly side of Palomar Street are available under Gas Tax Project No. 127. NOYd, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by ar_d between the parties hereto as follows: 1. Subdivider, NACION ASSOCIATES, agrees to install fill and drainage facilities on the southerly side of Palomar Street, adjacent to the proposed subdivision known as Chula-Vista Gardens Units 5, 7 and 8, in accordance with plans and specifications on file in the office of the Director of Public Works. 2. City agrees to pay the full cost of said improvements, in an estimated amount of $3,427.00, based upon the work being performed at the same unit prices for the subdivision improvement work being per- formed,in conjunction with the development of Chula Vista Gardens Units 6, 7 and 8, said amount to be paid to Subdivider, NACION ASSOCIATES, upon the completion and acceptance of the improvements by the City of Chula Vista. -1- ~ ~-~~, f„ IN WITNESS tivHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabcVe set forth. THE CITY OF CHULA VISTA SUEDIVIDER; NACION ASSOCI[aTES by: Stan Development Co. Mayor of the City of hula Vista Albert I. Gottschalk, Treasurer ATTEST ~-~~,(." ,-Cwt,-c-~ i''fF-cz~/=1-~~` ' -~ Clerk ~ Attach Notary Acknowledgment here. Approved as to form by George D. ndberg, City Attorney TO 446 C (Corporation as a Partner of a Parutership) r~j STATE OF CALIFORNIA l COUNTY OF S_a _____n p; P7p r SS. ~` On - JanUarY 15 1 70 ,before me, the undersigned, a Notary Public in and for said State, personally appeared ----------------------- known to me to be the w --'---President, and -8_lhPrt I f ntte rc tie 1 k ,known to me to be the Tr A~ ~rer = X9€P4Xta[~y of Stan Devel pment CO ,the corporation that executed the within instrument and known to me to be the persons who _ __ / __.- ~ executed the within instrument on behalf of said corporation. ~ lzszz- _ ='sP said corporation being known to me to be one of the partners of f / "~ NACION ASSOCIATES ,the partnership ~ ~/_i - that executed the within instrument, and acknowledged to me ~ that such corporation executed the same as such partner and that such partnership executed the same G \;, - , WITNESS m' hand nd offic' se ( ~ ~ P y_ C _. _. Signature ~~ - \ ~ Q - -_ . Margaret M~ Vallee Name lTyped or Printed) ~- ~~~~ (This area for oficial notarial seal) _,_ l~~-,~ ~C~fn