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HomeMy WebLinkAboutReso 1953-1436 . . • • 4 L ~ • RESOLUTION NO. 1436 RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT FOR THE CONSTRUCTION OF IMPROVE- MENTS IN CUSTOM BUILDERS NO. 1 AND ESCROW AGREEMENT SECURING THE SAME THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That certain agreement between DALE HORTON, and the CITY OF CHULA VISTA, a municipal corporation, dated May'' 26, 1953 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, and the Mayor of the City of Chula Vista is hereby, authorized and directed to execute the same for and upon behalf of the said City. R S • 4 ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHtJIA VISTA, CALIFORNIA, this 9th day of June 1953 by the following vote, -to wit: AYES: COUNCILMEN Riesland, Uewolfe, Hal ferty, Logan NAYS: COUNCILMEN None ABSENT: COUNCILMEN Hobel or of the ity if h y Vi -a ATTEST: "' l`""',,,,I)40Ygg! 1 City Clerk By Deputy STATE OP CALIFORNIA ) COUNTY OF SAN DIEGO ) SS CITY OF CRULA VIstl ) I, , 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the above and foregoing is a full, true and correct copy of"Resolution No. , and that the same has not been amended or repealed.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: City Clerk By Deputy A G R E E M E N T• • • • • THIS AGRFT;MMELJT, made and entered into this 26th day of May • 1953, by and between'the CITY Or CHULA VISTA, party of the first part, • DATN HORTON, Party of the second part, and SECURITY TITLE INSURANCE COMPANY, • • party of.the third part, WITNESSETH: • 1, That the party of the second part, as subdivider of certain lands in the City.of Chula Vista, filed in the office of the Planning Commission of the said City a "tentative" map and a "Final" map of said lands, which said maps are known as and named CUSTOM BUILDERS NO 1. 2. That said "Final" map has been approved'by the Planning Commission of said City of Chula Vista and by the Council of said City by minute order, • adopted April 14, 1953 , subject to the execution of an•improvement contract and posting security therefor as required by law. ' 3e` That plans and specifications for the construction of certain improvements, entitled "Plan and Profile for the Improvement of CUSTOM BUILDERS NO. 1, being Document No. 53-24L & 25L and Standard Sewer Specifications of the City of Chula Vista, filed with the City Engineer of the City of Chula Vista on the 14th day of April , 1953, a copy of which is on file in the office of the City Engineer. 4. That = Agreement has been entered into by the party of the second • part and a certain contractor wherein and whereby the said contractor has agreed to construct certain improvements on said lands according to said •Improvement Plans and Specifications contained in said Document No. 53-241. & 25L and Standard Sewer Specifications of the City of Chula Vista, filed in the office • ' of the City Engineer of said City of Chula Vista, which improvements are to be constructed in a manner acceptable to said City and that the cost of said • • work and improvements shall be paid as the work of construction progresses. That a copy of said Agreement is attached hereto, anr1 marked Exhibit "A". • 5. The party of the second part hereby agrees that in addition to the 25L work required by said Document No 53-24L &/ and Sewer Specifications filed April 14, 1953 , all monuments and stakes will be installed within cc�3_� � thirty (30) days after completion of the required improvements and their acceptance • by the City and will be of the character and will occupy the positions specified on said final map. 6. That the party of the second part is depositing with SECURITY TITLE INSURANCE CChuANY, as Trustee, party of the third part,"the sum of TWENTY- SEVEN THOUSAND, NINE HUNDRED,SEVENTY-NINE and 06/100($27,979.06) in cash for'the purpose of paying for the improvements and setting of monuments and stakes; and WHEREAS, under an Act of the Legislature of the State of California re- lating to subdivisions and maps thereof, and improvements constructed therein, • it is provided that a deposit of money be made to secure payment for the improve- • ments and setting of monuments and stakes required by any municipality; and . • WHEREAS, another provision of-said Act provided that such deposit may be • • made either with the municipality or with a responsible escrow agent or trust • company, • • NOW, THMEFORE, the parties hereto hereby agree as follows: • 1. That the subdivider, party of the second part, hereby agrees with'the• • City of Chula Vista to make or have made, the improvements above described • • acceptable to said City; and to have set all monuments and stakes required for • a final map; that all of said improvements and surveying shall be completed-on or before one year from the date hereof. 2. That the said deposit of $27,979.06 with SECURITY TITLE INSURANCE COMPANY in lieu of bond is agreed to by the City of Chula Vista and • • the Council thereof, and the same is hereby approved. • 3. That partial withdrawals from said deposit shall be made by SECURITY TITLE INSURANCE COMPANY to pay said contractor as said work progresses in accordance with their contract, upon certification by the City Engineer of the City of Chula Vista that the work, claimed to be done, has been done, and upon the approval of the party of the second part. 11.. That in the event of a default by any of the contractors any balance • remaining in the hands of SECURITY TITLE INSURANCE COMPANY of the said t27,979.06. shall forthwith be delivered by the said Security Title Insurance Company to the City of Chula Vista, which said funds shall be used to complete the improvements required by the City to be made in said subdivision .. -2- and for the setting of the monuments and stakes and upon completion'and payment thereof, any balance of said $27,979.06 not required for said payments shall thereupon be delivered by the Treasurer of said City of Chula Vista to the said subdivider, party of the second part, or their successor in interest. That in the event all work required to be done is completed to the satisfaction of the City Engineer of said City of Chula Vista, and the monuments and stakes are set, then upon certification of such facts, by said City Engineer, any balance of said $27,979.06 not required for the above—mentioned payments, • • shall thereupon be delivered by Security Title Insurance Company to the said subdivider, party of the second part, or their successors in interest. 5. It is mutually understood and agreed by the parties to this Agreement that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the expense of the work aforesaid, nor • shall any officer or his sureties or bondsmen, be liable for or holden for the payment of any sum or sums for the above—mentioned work, nor for any materials furnished therefor. • 6. The parties hereto further agree that in the performance of the work contemplated by this contract, they will conform to and abide by all of the provisions of the Charter,and Ordinances of the City of Chula Vista. IN WITNESS WHEREOF, the parties hereto have hereunto set their names on the day and year' in this agreement first above written. • • C . O1 CHUM. VISTA • • 1 / / PARTY OF TEE FIRST PART. • 'J e 0 , nar,F HORTON PARTY OF THE SECOND PART. • SECURITY TIP., T..' • • _�`I� ` =Pres lent Assistan Secretary PARTY OF THE THIRD PART. I HERESY APPROVE the form and legality of the within agreement, this 26th . day of May; 1953 Cit, A torney