HomeMy WebLinkAboutReso 1969-5157RESOLUTION NO. 5157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND PACIFIC BAY LAND COMPANY FOR PARTICIPATION
IN CERTAIN PUBLIC IMPROVEMENTS LOCATED ON THE NORTH
SIDE OF EAST "J" STREET BETWEEN FLOYD AVENUE AND
THE WESTERLY BOUNDARY OF SAN SIMEON UNIT N0. 1
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 PACIFIC
BAY LAND COMPANY for participation in certain public improvements
located on the North side of East "J" Street between Floyd Avenue and
the Westerly boundary of San Simeon Unit No. 1, in connection with
the construction of public improvements in San Simeon Unit No. 1,
dated the 6th day of May 1969, 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 said City.
Presented by
~,
ri~a a F. Cole, Director of Public
Works
Approved as to~erm by
orge D Lindberg, Cilty Attor
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 6th day of Ma.y , 1969 by the
following vote, to-wit:
AYES: Councilmen McAllister, Scott, Sylvester, McCorquodale
NAYES : Councilmen None
ABSENT : Councilmen Hamilton
/ G~
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0 of the City of hula Vista
ATTEST ~ ~~,,r-c_,~,~.c ~
City Clerk
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amended or repealed.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
AGREEMENT FOR PARTICIPATION IN CERTAIN PUBLIC
IMPROVEMENTS LOCATED ON THE NORTH SIDE OF EAST
"J" STREET BETWEEN FLOYD AVENUE AND THE WESTERLY
BOUNDARY OF SAN SIMEON UNIT NO. 1, IN CONNECTION
WITH THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
SAN SIMEON UNIT NO. 1
THIS AGREEMENT, made and entered into this 6th day of
May , 1969, by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
LAND COMPANY, a California partnership, composed of PACIFIC BAY
DEVELOPMENT CORPORATION, a California corporation and BYRON LASKY
COMPANY, a California corporation, hereinafter called "Subdivider";
W I T N E S S E T H
WHEREAS, Subdivider is presently developing that certain
subdivision known San Simeon Unit No. 1, which development includes
certain public improvements, including pavement, curb, gutter and
sidewalk, of a portion of East "J" Street within said subdivision,
and
WHEREAS, City desires to have certain other improvements
constructed in conjunction with the development of said subdivision;
namely, a portion of pavement, curb, gutter and sidewalk on the North
side of East "J" Street adjacent to San Simeon Subdivision Unit No. 1,
and the Engineering Division has determined that a substantial savings
can be realized if the work is performed at this time in participation
with Subdivider, and
WHEREAS, Subdivider is agreeable to performing said work
for City, the cost of which will be the same as the unit prices for
the subdivision work being performed, plus twelve percent (12%) as
profit for said work.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and
between the parties hereto as follows:
1. Subdivider agrees to install certain public improvements
on the North side of East "J" Street, between Floyd Avenue and the
Westerly boundary of San Simeon Unit N6. 1, including the removal and
reconstruction of curb and gutter, and construction of additional
pavement in said area, as shown on Drawings No. 69-52D and 69-53D
on file in the office of the Director of Public Works. The completion
and acceptance of said improvements shall be in accordance with the
Subdivision Improvement Agreement between the City of Chula Vista
and Subdivider, approved by Resolution No. 5157 adopted on the
6th day of Mav ~ 19 6 9 .
2. City agrees to pay a proportionate share of the cost of
said improvements, in an estimated amount of $4,500.00, based upon
the work being performed in conjunction with the development of San
Simeon Subdivision Unit No. 1, plus twelve percent (12%) overhead
and profit for Subdivider. Said proportionate share of the cost of
the improvements will be paid to Subdivider, .PACIFIC BAY LAND COMPANY,
a California partnership, upon completion and acceptance of the
improvements by the City of Chula Vista; provided, however, that
final payment of the ten percent (10%) that is withheld pursuant to
Paragraph 3 of this agreement shall not be paid to Subdivider until
a period of six (6) months has elapsed following the acceptance of
the improvements. Said ten percent (10%) shall be retained as security
for labor and material.
3. City further agrees to mare partial payments of the full
costs of the participation agreement upon submission: and verifir_ation
of requests for payment, accompanied by paid vouc~~.e~~s; provided, how-
.. ever, that ten percent (10 0) of the proposed part:icipatior.:costs shall
be held for a period. of sig. (6) months subsequent to the completion
and a~;ceptanoe of said improvements in accordance with the subdivision
improvement agreement, as 'r~erei.nabove set forth.
IN WITi`TESS 'vVhEEEUr , the parties hereto have caused this
agreement to be executed the day and year .first hereinabove set forth.
THE CIsY OF CHULP. VISTA, a PACIFIC BAY' LANs CnMPANY, a California
muni~' al corporation P rt. rsh'p
,,.~~"~ ~y: ~yron'tasky Company, a corporation
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M or of the City of/ Hula-Vista
ATTEST `~~ ~ ~, ~ ~ ,~-~
Clerk
Attach Notary Acknowledgment here.
yr~,n.!Ft Lasky, rrevrden
B ,
i iam rim, e"-e~ary r
By: Pacific Bay Development Corporation,
a corporation
By:
BY ;~~~~%ti e2
Approved as to form by
George D. indberg,~City Attorney
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