Loading...
HomeMy WebLinkAboutReso 1953-1397 1 , RESOLUTION NO. 1397 RESOLUTION OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR COMPLETION OF STREET IMPROVEMENT . THE CITY ,COUNCIL OF THE CITY OF CHULA ,VISTA, DOES HEREBY RESOLVE AS 'FOLLOWS: That certain agreement between the CITY OF CHULA VISTA, FRANCIS A. SMITH, and SARAH E. SMITH, husband and wife, and SAFEWAY STORES INCORPORATED, a copy of which is attached hereto and by this reference incorporated herein, is hereby approved, and the Mayor and City Clerk of the City of Chula Vista are hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista.., As security for the completion of the street im- provements referred to in said agreement, the City of Chula Vista acknowledges receipt of the sum of $1299.75 from Safeway Stores Incorporated and the sum of $927. 25 from Francis A. Smith and Sarah E. Smith. The City of Chula Vista waives further security for the performance of said agreement. The City of Chula Vista grants to Francis A. Smith and Sarah E. Smith an extension of time to January 15, 1955 in which to .construct the sidewalk and .curbing, on tie, East side of the proposed street mentioned in said agree- ment. • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of January ,I9 53 by the following vote, to-wit: AYES: COUNCILMEN DeWolfe Halfert Riesland, Logan NAYS: COUNCILMEN None ABSENT: COUNCILMEN Hobel .4111/F .Ai � A '0 4., Ci y of C Vista ATTEST: �.�, er• by . Deputy STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) , 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the sane has not been amended or repealed. DATED: City'Clerk by Deputy CONTRACT FOR COMPLETION OF STREET IMPROVEMENTS IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a municipal corporation, First Party, and FRANCIS A. SMITH and SARAH E. SMITH, husband and wife, Second Party, and SAFEWAY STORES INCORPORATED, Third Party, as follows: Whereas the Second Party is the owner of real pro- perty in the City of Chula Vista, County of San Diego, State of California, described as follows: The Northerly 210 feet of the Easterly 60 feet of the Westerly 315 feet of Lot 6, Quarter Section 138 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505 filed in the Office of the County Recorder of said San Diego County on March 13, 1888. Whereas Second Party offers to dedicate the above real property to City for public street and highway purposes, and Whereas Third Party is the owner of adjacent improved real property, and is interested in the acceptance of the above mentioned offer to dedicate and in the improvement of said real property as an improved public street and highway, and Whereas the proper authorities of City have found that the acceptance of the proposed dedication will be in the best interest of said City if the same is fully improved by sidewalks, curb and gutter, and street pavement according to the specifications of the City currently required in subdivisions, and Whereas City is entitled to require from the Second Party and the Third Party, and does require from said parties, as a condition precedent to the acceptance of said dedication, / 777 C(')S3 0©1 assurances for the completion of said improvements of said proposed street within a period of 365 days from the date hereof, and Whereas Second Party is willing to pay one-half of the cost of said improvements, and Third Party is willing to pay one-half of the cost of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED by and between the City and Second Party and Third Party as \follows: 1. That Second Party and Third Party agree to undertake and complete, and to pay for all labor and material in connection therewith, within a period of 365 days from the date hereof, all the necessary work of installing said im- provements in said proposed street in full conformity with the ordinances and specifications and directions of proper offi- cials of the City of Chula Vista. Said improvements are more particularly described as follows: Improvements Estimated Cost Excavating for Street '$200.00 140 cubic yards granite base 175.00 95 tons asphatic concrete : 807.50 420 lin. ft. curb & gutter 672.00 2,100 sq. feet sidewalk 735.00 Total $2589.50 The Second Party and the Third Party do hereby agree as between themselves each to pay one-half of the total cost of said improvements. 2. That Second Party and Third Party further agree 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 suffered during and arising out of the in- stallation and construction of said improvements. - 2. 3. That as a guarantee and as security for the full and faithful performance by Second Party and Third Party of this agreement, Second Party shall deliver to the City of Chula Vista a good and sufficient bond satisfactory to the City of Chula Vista or cash deposit in the sum of $1,299.75, being one-half of the estimated cost of said improvements, and agrees to pay one-half of any additional cost of said improvements, and Third Party shall deliver to the City of Chula Vista a good and sufficient bond satisfactory to the City of Chula Vista or cash deposit in the sum of $1,299.75, being one-half of the estimated cost of said improvements, and agrees to pay one- half of any additional cost of said improvements. 4. That upon the execution by Second Party and Third Party of this contract and the posting of the bonds or cash deposit as herein provided, the City agrees to accept the said offered dedication. -}� DATED: January q 1953. CITY OF CHULA VISTA, CALIFORNIA By ' : rd _ • ~ Mayor ATTESTED TO: i 1 C t/.E �3 G / -c-L� ��" _,_ -LAT 074. City`s erk of he 'ity of Secon• Par y Chula Vista, California ._ SAFEWAY STORES ORATED By �'% .L/ / This.. Party Approved as to form and Legality: i y attorney o he City of Chula Vista, alifornia 3.