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HomeMy WebLinkAboutReso 1965-3687 • Form No. 342 RESOLUTION NO. 3687 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ABE S . RUBIN, FOR THE COMPLETION OF PUBLIC IMPROVEMENTS AT QUINTARD STREET AND SECOND AVENUE 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 Abe S . Rubin, Owner and Builder, for the completion of Public Improvements at Quintard Street and Second Avenue, dated the 20th day of April , 19 65 , 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 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 Lane Cole, City Engineer Approved as to form by 411P/f ' -1-(21 .:„.>_.4.., George D. indberg, City Attoirr�¢y -1- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this?otlyday of April 19 65 , by the following vote, to-wit: AYES: COUNCILMEN McAllister, Anderson, McCorquodale, Sparling, McMains NAYES: COUNCILMEN None ABSENT: COUNCILMEN None 4t_ Mayor of the City of Chula Vista ATTEST '-4 C.:;- a.47 ` `"( City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk CC 652 AGREEMENT FOR COMPLETION OF IMPROVEMENTS AT SECOND AVENUE, OUINTARD STREET AND OFFSITE WORK IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and ABE S. RUBIN, Owner and Builder, hereinafter called "Builder," as follows: W I T N E S S E T H : WHEREAS, Builder is the owner and developer of that certain real property in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: Lots 21, 28 and 29 and portions of Lot 22, 27 and 30 of Quarter Section 142, Rancho de la Nacion, according to Map thereof No. 505, filed in the Office of the County Recorder, County of San Diego, State of California, dated March 13, 1888. and WHEREAS, Builder proposes to construct a building, structure or development, the cost of which construction is in excess of FIVE THOUSAND DOLLARS ($5,000.00) , and WHEREAS, necessary street improvements are not in existance upon the dedicated street or streets adjacent to the lot or parcel upon which such building, structure or development is to be constructed or erected, and WHEREAS, pursuant to the provisions of Section 27.23 et seq. of the Chula Vista City Code, it is necessary that said street improvements be installed as a prerequisite to final inspection of said building, structure or development, and WHEREAS, the proper authorities of said City have found no exceptional circumstances which would permit the deferment or waiver of said improvements, and WHEREAS, City has required that improvement plans and specifications and such other necessary data and an improvement security in the amount set forth herein be filed by Builder in connection with the application and issuance of a building permit for said building, structure or development, and Builder has submitted said necessary plans, specifications and improvement security as approved by City. -1- NOW, THEREFORE, IT IS HEREBY AGREED by and between City and Builder, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, as follows: 1. Builder agrees to undertake and complete and to pay for all labor and materials in connection therewith, within a period of 180 days from the date hereof, all the necessary work and installation of improvements adjacent to the parcel upon which the building, structure or development is being constructed or erected in full conformity with the ordinances of the City of Chula Vista, the laws of the State of California, the instructions of the City Engineer of the City of Chula Vista, as may be applicable thereto, and the plans and specifications for such improvements on file in the office of the City Engineer of the City of Chula Vista, file numbers 65-7L through 65-10L inclusive. The approved cost estimate of said improvements is: $40,150.00 10o contingencies 4,015.00 Total Bond Amount $44,165.00 2. Builder further agrees to indemnify, protect and hold harmless the said City of Chula Vista from any and all claims of liability for personal injury, property damage, labor or material claims which may be made against said City by reason of said work and installation of improvements as herein provided. 3. As a guarantee and as security for the full and faithful performance in complying with all the requirements for the completion of said improvements, Builder shall deliver to City concurrent with the execution of this agreement a good and sufficient improvement security as approved by the City Attorney of the City of Chula Vista in the sum of $44,165.00 4. As a guarantee and as security for the payment of all labor and material, Builder shall deliver to the City of Chula Vista an improvement security in the sum of $22,082.50 by its terms made to inure to the benefit of laborers and materialmen, for labor and material performed or furnished in the installation of said improve- ments. 5. Upon the execution by Builder of this Agreement and the posting of improvement securities as herein provided, City agrees to issue the necessary building permits for the construction of the building, structure or development by builder. DATED: _ /dpi�� �Ct'� 'Abe S. • Sin, Owner and Builder Improvement Securities: CITY OF CHULA VISTA Glens Falls Insurance Company, �' Bond No 94-72-46 ( V`G�,� G;'77y 44,<-�-a-`% Approved as to form by • George D�� Lindberg. ty Attor City of ..hula Vista, California ATTESTED TO: Ken�th Campbell, C t Cl,c--,..-,::- r- r7e.t-t p ,,�y Clerk City of Chula Vista, California • -3-