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HomeMy WebLinkAboutReso 1953-1426 • • • r. • RESOLUTION NO, 1426 • c y h RESOLUTION NO. 1k1.26 RESOLUTION OF THE CITY COUNCIL' APPROVING AGREEMENT FOR THE CONSTRUCTION OF IMPROVE- MENTS IN PEPPER TREE LANE TRACT UNIT NO. 3 AND ESCROW AGREEMENT SECURING THE SAME { THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RE- SOLVE AS FOLLOWS: Section 1. That certain agreement between OCEAN HEIGHTS' DEVELOPMENT CO. , a corporation, .and the CITY OF CHULA VISTA, a municipal corporation, dated April 1, 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 be- half of the said City. • • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of April 1953 , by the following vote, to-wit: AYES: COUNCILMEN H.b- H' $. P- ' . - -,an NAYSr COUNCILMEN None • ABSENT: COUNCILMEN None Air AAP or o the City •f C 4l-Aista ATTEST: A_ _ -- __�/�[�.__ City Clerk By Deputy 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and foregoing is a full, true and correct copy of Resolu- tion No. 1426 '� and that the same has not been amended or repealed; DATED: April 14, 1953 City Clerk By Deputy A G R E E M E N T THIS AGREEMENT, made and entered into this 1st day of April , 1953, by and between the CITY OF CHULA VISTA, party • of the first part, OCEAN HEIGHTS DEVELOPMENT CO. , a corporation, • party of the second part, and UNION TITLE INSURANCE AND TRUST COMPANY, party of the third part, W I T N E S S E T H 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 PEPPER TREE LANE TRACT UNIT NO. 3. 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 March 24,1953 , subject to the execution of an improvement contract and posting security there- for as required by law. 3. That plans and specifications for the construction of certain improvements, entitled "Plan and Profile for the Improve- ment of PEPPER TREE LANE TRACT UNIT NO 3, being Document No. 53- of the City of Chula Vista, 14L, and Standard Sewer Specifications/, filed with the City Engineer of The City of Chula Vista on the day of March 1953 , a copy of which is on file in the office of the City Engineer. 4. That an 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. 53-14L 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 improve-_ 3 ments shall be paid as the work of construction progresses. That a copy of said Agreement is attached hereto, and marked Exhibit "A". 5, The party, of the second part hereby agrees that in addi- tion to the work required by said Document No. 53-14L and Sewer Specifications filed March 31, 1953, all monuments and stakes will be installed within 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 UNION TITLE INSURANCE AND TRUST COMPANY, as Trustee, party of the third part, the sum of TWENTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY-ONE and 19/100 ($24,781.19) DOLLARS, 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 relating to subdivisions and maps thereof, and improve- ments constructed therein, it is provided that a deposit of money be made to secure payment for the improvements and setting of monuments and stakes required by any municipality; and WHEREAS, another provisions of said Act provided that such deposit may be made either with the municipality or with a re- sponsible escrow agent or trust company, NOW, THEREFORE, 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 im- provements 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 be- fore one year from the date hereof, 2. That the said deposit of $24,781.19 with UNION TITLE INSURANCE AND TRUST COMPANY in lieu of bond is agreed to by the City of Chula Vista and the Council thereof, and the same is hereby approved, -2- 3. That partial withdrawals from said deposit shall be • made by UNION TITLE INSURANCE AND TRUST CON2ANY to pay said con- tractor 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. 4. That in the event of a default by any of the contractors: any balance remaining in the hands of UNION TITLE INSURANCE AND TRUST COMPANY of the said $2+,781.19 shall forthwith be delivered by the said Union Title Insurance and Trust 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 and for the setting •of the monuments and stakes and upon comple- tion and payment thereof, any balance of said $2+,781.19 not re- quired 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 $24,781.19 not required for the above-mentioned payments, shall thereupon be delivered by Union Title Insurance and Trust Company to the said subdivider, party of the second part, or their successors in in- . terest. 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 por- tion of the expense of the work aforesaid, nor shall any officer or his sureties or bondsmen, be liable for or holden for the pay-- ment of any sum or sums for the above-mentioned work, nor for any materials furnished therefor, -3- 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. CITY OF CHULA VISTA AIP • PARTY OF THE FIRST PART. OCEAN HEIG S Tax)'- i NT CO. By , / Pres-dent By ��► �.w . Secretary PARTY OF. THE SECOND PART. • UNION ITLE CE AND TRUST COMPANY By f � Vice President t By `, ssistan 'Secretary PARTY OF THE THIRD PART. I HEREBY APPROVE the form and legality of the within Agree- ment, this // day of. /APR, t- /f6-3 . Ci Attorney By Deputy City Attorney -4-