HomeMy WebLinkAboutReso 1959-2245 •
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RESOLUTION NU. 2245
RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT FOR
THE CONSTRUCTION OF IMPROVEMENTS IN
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Th1:7 CITY COUNCIL OF Ttli CITY OF CHULt VISTA DOES HEREBY RESOLVE AS
FOLLO"S :
SECTIC,N I . Thar certain agr• emzr0 between the CITY OF ChULA
STA, a Municipal 'Corporation , ant...Jack H. Mestler, Inc.
and Lee E. & Marie E. Raitt
doed ,.r; copy of which is attached
hc :.eto, and incorporeted herein, Me some es though fully set forth
hcrein, be, end the same is hereby approved.
SECTION 2u That the Mayor of the City of Chula Vista be and
hc is hereby authorized and directed to execute the same for and
upon behalf of the said City upon the posting of the bonds by_awi
R. Mestler, Inc. & Lee E. & Marie E. IN4tprovided for in said
e,cr,:ementu
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHUTA VISTA, CALIFORNIA, this 26th Day of May, 1959
by the following vote, to wit:
AYES: COUNCILMEN Menzel.M,�cAllister.McMains.De
NAM: COUNCILMEN _mu_
ABSENT: COUNCIIVEN Smith
Mayor o y o On - Y t eta
ATTEST • - - fig .'.
y•
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHUTA VISTA )
Is 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 Resolution No
and that the same has not been amended or repealed.
DATED't
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aNTPAC7 FOR CC.r.iPLETION OF IMPRCVEI1ENTS IN
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CORTEZ MANOR UNIT NO. 2
• • • • IT IS HEREBY AGREED by and betreen the CITY OF CHULA VISTA, a
• municipal corporation, and jacALL_Nestles __LIno,
' - Raitt $ hereinafter called
Second Party, as follows:
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* • . TNESSETH:
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VHEREAS the Second Party is the owner of real property in the
City of Chula Vista, County of San Diego, State of California,
• described as foilows: A portion of Lots 1, 7, 8, 9, 10 and 16
• . in Quarter Section' 139 of Chula Vista, California, in the City of
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• • Chula Vista, County of San Diego, Stateof California, according
to Map No. 505, filed in the office of-the County Recorder of
said County, March 13, 1888.
v"HEREAS ?he Second Party proposes to create a subdivision of
property above r ' c be knOWn aS Cortez Manor
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Unit No. 21 and to effect the same as heretofore
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- - • filed w.ith the proper authorIties of the ca id City of Chula Vista
the necessary maps and improvements olans and other data in conform..
ity with the laws of the State of California and the Ordinances of
the City of Chula Vista apOicable Flereto, and
\'"HEREAS the said proper authorifies of said City have found
the proposed subdivision plan to be acceptable end in accord with
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the best Interests of said City, and
rl-EREAS the City of Chula Vista is entitled to require from
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the Second Party, and does require from Second Party, as a con-
dition precedent to the accept-ence of any and all streets and
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: • easements' and other improvements, assurances for the completion of
the pubiic improvements in said subd vision as is provided there-
fore in said plans and attendant specifications as have heretofore
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• f • been approved as aforesaid. and
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• . 040
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"1-IEREAS the Second Party is desirous of supplying such assurances,
NO `, THEREFORE, I T I S HEREBY AGREED BY and between the City of Chu l a
Vista, and the Second Party as follows: .
I . Said Second Party agrees. to undertake and complete, and to
pay for all labor and materials in connection therewith, within a
period of 3$5 days from the date hereof, all the necessary work
and installation of improvements in the hereinabove described sub-
division in full conformity with the ordinances of the City of Chula
Vista, the laws of the State of California and the directions of proper
• officials of the City of Chula Vista, California as may be applicable
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thereto.. Said improvements are more particularly described as folnows:
As shown on plans 58-69 L, 58-70 L and 58-71 L on file in the office
of City Engineer.
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The Second Party further agrees to indemnify, protect and hold
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harmless the said City of Chula Vista from any and all claims of
• liability for personal injury, property, damage, labor or materi•ai
claims which .may be made against said City by reason of said work and
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• installation of improvements as herein provided,
2. As a guarantee and as security for i•ts full and faithful per—
formance in complying with ail the requirements for the completion of
said subdivision as aforesaid, the said Second tarty shall deliver to
the City of Chula Vista, upon the execution of this agreement, a good
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and sufficient bond executed by an authorized surety company satis—
:factory to the said City of Chula Vista in the sum of a765,38 .
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3. As a guarantee and as security for the payment of all material
and labor claims for the completion of all said improvements, the
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Second Party shall deliver to the said City of Chula 'Vista a bond in
the sum of $ �5�765.18 , by its terms made to inure to the
benefit of laborers and materialmen, for labor and material performed
or furnished in the performance of this agreement.
4. ' Upon the execution by Second Party of this contract and the
posing of the bonds as herein provided, the City agrees to approve the
• • final map of said subdivision and accept the same for recordation.
Pertaining to Items 2 and 3, see attached letter. •
DATED: tray 12, I � •
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• CITY OF CI-iULA VISTA, CA! I FO NIA
BY:
Approveld as to form and legality:
. //i 14A4P.,
City Attorney l'or the City o
Chula Vista, California
ATTESTED TO:
_i.) I
•
er o the i ' y of
Chula Vista, California
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