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HomeMy WebLinkAboutReso 1968-4886Form No~ 34~ Rev 8-67 RESOLUTION NO ~ 4886 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF° CHULA VISTA APPROVINu AGREEMENT' BETWEEN THE CITY OF CHULA VISTA AND JACK R. MESTLER, INC. FOR PARTICIPATION IN IMPROVEMENT OF MELROSE AVENUE, E. NAPLES STREET, AND CERTAIN STORM DRAINS .AND AUI'HORTZTNG THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve a.s follows: That that certain agreement between the City of Chula Vista, a ma.nicipal corporation, and Jack R. Mestler, Inc., for participation in public improvement of Melrose Avenue, East Naples Street, and certain storm drain projects in Mestler Manor Subdivision Unit No. 3 dated the 27th day of August , 19 68 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE TT 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 Presente by ,---, --. ~ ~. Lan F. C le, Director of Public Works Approved as to George I~ % Lin orm by rg, C ty Atto y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA„ CAI~TFORNIA, this 27th day of August , 19 68 , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester, Hamilton, McCorquodale NAYES: Coun~.ilmen None ABSEN'T' ATTEST STATE OF° CAL?ir^ORNIA COUNTY CF SAN DIEGO ~ ss~ CITY OF CHULA VISTA ~ T, , City Clerk of Vista, CaliforniaF DO HEREBY CERTIFY that the above is correct copy of Resolution No. and that the amended or repealed DATED the City of Chula a full, true and same has not been. Czty Clerk _, AGREEMENT FOR PARTICIPATION IN PUBLIC IMPROVEMENT OF MELROSE AVENUE, EAST NAPLES STREET, AND CERTAIN STOP.M DRAIN PROJECTS IN MESTLER MANOR SUBDIVISION THIS AGREEMENT, made and er_tered into this 27th day of August 1968, by and between the CITY OF CHULA VISTA, a mur_icipal corporation, hereinafter called "City"; and JACK R. MESTLER, INC, 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 as Mestler Manor Unit No. 3, which development in- eludes the improvement of certain streets and storm drair_ projects, and [~vHEREAS, City desires to have certain other improvements constructed in conjunction with the development of said subdivision, 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 (120) overhead and profit for said work, and WHEREAS, the City Council of the City of Chula Vista, at their regular meeting of July 2, 1968, in connection with the approval of the final map of that certain subdivision known as Mestler Manor Unit No. 3, did approve the participation in the improvement of Melrose Avenue, East Naples Street, and certain storm drain projects in the Mestler Manor Subdivision Unit No. 3. NOP7, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. Subdivider agrees to install improvements as shown on Drawing No. 68-77D on file in the office of the Director of Public Works for that portion of Melrose Avenue southerly of the subdivision boundary, and as shown on Drawing No. 68-78D on file in the office of the Director of Public Works for the portion of Naples Street between Monterey and Melrose Avenues on the north side, together with storm drain facilities from Monterey Avenue connecting to the subdivision storm drain system. 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. 4814, adopted the 2nd day of July, 1968. 2. City agrees to pay its proportionate share of the cost of said improvements, in an estimated amount of $10,840.00, based upon the work being performed in conjunction with the development of_ Mestler Manor Unit No. 3, plus twelve percent (120) overhead and profit for Subdivider. Said proportionate share of the cost of said improvements will be paid to Subdivider, Jack R. Mestler, Inc., upon completion and acceptance of the improvements by the City of Chula Vista. -1- ' (J v 3. City further agrees to make partial payments of the full costs of. the participation agreement upon submission and verification of recruests for payment, accompanied by paid vouchers, provided, however, that ten percent (10~} of the proposed participation costs shall be held for a period of one month (1 mo.) subsenuent to the completion and. acceptance of said improvements in accordance with the subdivision improvement agreement, as hereinabove set forth. IN ~~7ITNESS 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, a municipal JACK R. MESTLER, INC., Subdivider, co~r~ration a California corporation .' MaVOr C Attach Notary Acknowledgement Here Approved as t orm by '%~, George D. ind erg, 'ty Attorne - 2 -