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Home My WebLink AboutReso 1967-4380Form No. 342 RESOLUTION NO. 4380 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRANK E. FERREIRA, AN INDIVIDUAL, FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS IN BONITA GLEN R9~B c7`R11/~^ 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 FRANK E. FERREIRA, an individual, for the installation of certain public improvements in BONITA GLEN ~~ dated the 18th day of April , 1967 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 I°I' 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 en behalf of said City. Presented by Lane F. Cole, Director of Public Works Approved as to form by i ~¢'~ ~ ~~ George D, ndberg, City Attorne -1- ADOPTED Ar?D APPROVED by the CITY COUD?CIL of the CITY f1F CI'_LTLA Vi~Tt~ CALIFORNIA, this 18th day of to-wit: April 19 67 by the follo~,~in~ vote, AYES: Councilmen McAllister, Sparling, Sylvester, Anderson, McCorquodale T?AYES: Councilmen None ABSEi~T: Councilmen None 1 i l Mayor of t e City of Ch la V~_sta ATTEST ~~~~-c..--t-:.i-t l.~ UC--u..-~/' ,•~i-~ ~~ Y STATF. OF CALIFORNIA ) COUNTY OF SAP1 DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Cali~ocnia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct cop T;- o` or r2Dealed. DATED and that the same has not been anended City Clerk _ CC-652 1N A PORTION OF 13UNITA GLEN ROAD THIS AGREEMENT, made and entered into this 18th day of April, 1967, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and FRANK E. FERREIRA, an individual, hereinafter called "Developer"1 W I T N E S S E T H WHEREAS, the City of Chula Vista has heretofore received a grant deed from FRANK E. FERREIR23 for that certain street known and designated as BONITA GLEN i~4A~, and has accepted said property and dedicated it to the ublic use for street p purposes, and WHEREAS, FRANK E. FERREIRA desires to improve said dedicated right-of-way, and City has required the improvement of said right-of- way as a condition of a conditional use permit granted for the develop- ment of a service station adjacent to Bonita Glen Read-, and "ari V i WHEREAS, Developer desires to install the public improve- ments in said right-of-way at the present time, consisting of curb, gutter, sidewalk and underground utilities, including storm drain, sewer, water, gas and electricity {or arrange for the installation of electrical utilities in a manner that will insure undergrounding, to be approved by the City Engineer) in accordance with Improvement Plans Nos: 67-13L and 67-14L, on file in the office of the City Engineer, and WHEREAS, Developer desires to defer the installation of the sidewalks on the West side of Bonita Glen Road until the property adjacent thereto is developed, and City agrees to said deferral. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto, as follows: 1. Developer, Frank E. Ferreira, does hereby agree to in- stall the required public improvements in Bonita Glen ~~~, consisting of curb, gutter, sidewalk and underground utilities, including storm drain, sewer, water, gas and electricity (or arrange for the install- ation of electrical utilities in a manner that will insure underground- : ing, to be approved by the City Engineer) in accordance with Improvement Plans Nos. 67-13L and 67-14L, on file in the office of the City Engineer, -_ 2. Developer agrees to pay the complete cost of said work, and has deposited, concurrent with the execution of this agreement, a funding arrangement in the amount of $20,000.00, deposited with Western of San Diego Fund Control, Inc., which amount represents the estimated cost of said improvements. Said funding arrangement authorizes progress payments to be made over the course of construction, with the approval of the City Engineer. 3. Developer agrees to complete said improvements on or before the 180th day following the execution date of this agreement. Should said improvements not be completed by said date, the funds available with Western of San Diego may be used by the City to com- a plete or cause to be completed, said improvements. 4. City agrees to t~e deferral of the sidewalk improvement on the West side of Bonita Glen-Readf until such time as the property adja- cent thereto is developed. Developer understands and agrees that the City of Chula Vista requires the installation of said sidewalk upon the development of the property, and further stipulates that the in- stallation of said sidewalk will take place at the time of such develop- ment. IN WITNESS WHEREOF, the parties hereto have set their hands the day and the year first hereinabove set forth. CIT F CHUL VISTA DEVELOPER ~~ ~ 1 yor ~'~'~'ank E. Ferreira ` Approved as to m by f! WESTERN OP SAN DIEGQ FUN® CONTROL, INC. ~. 0. Box H a subsidiary of Western Lumber Company National City 92050 474-3341 FUND CONTROL AGREEMENT TO: WESTERN OF SAN DIEGO FUND COi~1TROL, INC., hereinafter referred to as "Control" In consideration of your services in handling the funds placed with you for (Construction) (Improvement) of a building and improvements (under contract between) (being built by) Frank E. Ferreira, 3715 Putter Orive, Bonita Calif. Owner (as Owner-builder) and ~~~ Improvements tm and i n Bonito G1 en Road, Bonita, Ca 1 i f . * property legally described as follows: -Lot Block Add ,hereinafter referred to as the "job", Control shall receive as compensation for its services hereunder the sum of $ 50,00 to be deducted from the funds as soon as they are placed in the hands of Control. The sum of $20,000_00 will be deposited in accordance with the following schedule: Funds t® be drawn from Security First National Blink-Savings Account 255657, as _ required by Frank E. Ferreira The undersigned hereby assign to Control and authorize and instruct Seeur i t~ F irsfi Nat ions 1 Bank- _ P1 edge Agreement Attached to disburse to Control any and all proceeds from any construction or improvement loan relating to the job. Frank E. Ferry i ra and You are instructed to disburse said funds only upon the written order of Dewey Hughes** , Contractor agrees that he shall not assign any of his rights to funds held under this agreement without the written consent of the Owner and Control. ** City Engineer, City of Chu 1 a Vista , Any extras or change orders negotiated for by the Owner and the Contractor shall be set forth in writing and shall set forth a stipulated sum for each such extra or change. Any payment for extras or change orders shall be made into the Fund Control prior to the performance of the extra work that may be called fcr. Any deletions that re- duce the contract price to Owner shall be refunded to the Owner on Contractor's written order on Control. It is understood that these instructions cannot be revoked or modified without your consent. Should any controversy arise between the undersigned, er any person, you shall not be required to take anyraction, but may withhold all moneys, v~ithout interest, or other things deposited with you until such controversy shall be determined by agreement of the parties or by proper legal process. The undersigned jointly and severally agree to pay Control's reasonable attorneys' fees and court costs incurred in connection with the controversy. It is further understood and agreed that in accepting this position as Control you are not to be responsible for nor guarantee that the job shall proceed, that the costs shall be paid, that the job be performed in accordance with plans and specifications, nor have any duty to determine that any labor and materials used in the job are in accordance with the plans and specifications. You will, however, exercise reasonable care in disbursing of funds to see that they are expended only for cost of labor, materials, services, permits, fees, or other items of expense incurred in performing the job and not otherwise. The Contractor shall have no right, title, or interest in any of the funds held under this agreement until Contractor certifies to Control that all cost of labor, materials, services, permits, fees, and other items of expenses incurred in per- forming the job have been paid and furnishes to Control an agreement indemnifying Control from any claims arising out of this agreement, including Control's reasonable attorneys' fees and costs. However, Contractor shall be entitled to be reimbursed for cost of labor, materials, services, permits, fees, and other items of expenses incurred in performing the job which he certifies he has paid. This agreement is not made for nor intended to be for the benefit of anyone not a party to this agreement, includ- ing those furnishing labor or materials and any Lender, but is made for and intended only for the benefit of the undersigned. Dated this 18 day of APr 1 1 19 67 at Nat i ona 1 G i ty California. *Improvements Curb, Gutter, Sideurlk - Undergreund Utilities, including OWNER Srmtm Dram, ~etyer_ Gas, ~Nater and Accepted: I ee r I c ~ ~y _ OWNER WESTERN OF SAN DIEGO FUND CONTROL, INC. Rag Gan r, Fund Control Manager ~ ~-,~~_ ~~\ ---~:~,~.~~,~ CONTRACTOR Frank E. Ferreira