Loading...
HomeMy WebLinkAboutReso 1952-1295 2? o 4 , RESOLUTION NO. 1295 •RESOLUTION OF THE CITY COUNCIL ,APPROVING AGREEMENT FOR THE CONSTRUCTION OF IMPROVE- MENTS IN BAY VISTA NO.3 • • THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: ' SECTION 1. That certain agreement between WARREN F. THOMAS and ESTHER C. THOMAS, ,husband and wife, and the CITY OF CHULA VISTA, a municipal corporation, dated January 28th, 1952, 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. SECTION 2. That the Mayor of the City of, Chula Vista, be and he is hereby; authorized and directed to execute the same for and upon behalf of the said City upon the posting of the bonds by WARREN F. THOMAS' and ESTHER C. THOMAS, as provided for in said agreement. SECTION Tha& this resolution supersedes and replaces Resolution No. 1275 of the City :of Chula, Vista, the contract referred to in said Resolution No. 1275 not having been executed by the parties. • • • C, ADOPTED AND APPROVED by' the CITY COUNCIL of the CITY OF CH[1LA VISTA, CALIFORNIA, this 28th day of _ January , 19 • by the following vote, to-wit: AYES: COUNCIL Hobel, .lestagd, Logan NAYS: COUNCILMEN N9ne AB "+NT: COUNCILMEN DeWolfe, Kidder h'= •r of the City of Chula Vista ATTEST: _eAt.I`J 4I / City lerk by Deputy STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHUTA VISTA) • I, KENNETH P. CA,PBT,, 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 No. , and that the same has not been amended or repealed. DATE): 195 City Clerk by , Deputy CONTRACT FOR COF2LETION OF SUBDIVISION • • • IMPROVEMENTS • • • IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a • municipal corporation, and WARREN F. THOMAS and ESTHER C. THOMAS, husband and wife, hereinafter called Second Party, as follows: • . WIITNESSETH: • • ►dHEREAS the Second Party is the owner of real property in the City of Chula Vista, County of San Diego, State of California, described as follows: Being a subdivision of that portion of the West • . Half of the Southeast Quarter of Quarter Section 163, of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according • to Map thereof No. 166 by George Morrill, filed in • the office of the County Recorder, described as follows: • Beginning at the Southeasterly corner of said West Half of said Southeast Quarter of said Quarter . Section 163; thence along the South line of said • Quarter Section South 71 degrees 241 West 507.64 feet • to the Southeast corner of the Westerly 153.00 feet of said Southeast Quarter thence along the Easterly line of said Westerly 153.00 feet. North 18 degrees 35' 40" West 1039.24 feet; thence North 71 degrees 25' 40" East 95.94 feet; thence North 18 degrees 38' West 283.84 feet to the Northerly line of said Southeast • Quarter; thence along said Northerly line North 71 degrees 25' 40" East 54.00 feet; thence South 18 • . degrees 381 East 280.85 feet to the Southerly line of • the Northerly 280.85 feet of said Southeast Quarter; thence along said Southerly line of said Northerly 280.85 feet, North 71 degrees 25' 40" East 206.00 feet; thence North 18 degrees 381 West 280.85 feet to said Northerly line of said Southeast Quarter; thence along said Northerly line North 71 degrees 25' 40" East 151.00 feet to the Northeasterly corner of said West half of • said Southeast Quarter; thence along the Easterly line of said West Half of said Southeast Quarter, South-18 degrees 381 East 1322.83 feet to the point of beginning. WHEREAS the Second Party proposes to create a subdivision of said above described property, to be known as BAY VISTA No. 3, and to effect the sane has heretofore filed with the proper authorities of the said City of Chula Vista the necessary maps and improvement plans and other data in conformity with the laws of the State of California and the ordinances of the City of Chula Vista applicable thereto, and WHEREAS the said proper authorities of'said City have found the proposed subdivision plan to be acceptable and in accord with the best interests of said City, and•• • -1- —%4 • WHEREAS the City of Chula Vista is entitled to require from the Second Party, and does require from Second Party, as a condition precedent to the • acceptance of any and all streets and easements, assurances for the completion • of the public improvements in said subdivision as is provided therefor in said plans and attendant specifications as have heretofore been approved as aforesaid, and inREAS the Second Party is desirous of supplying such assurances, NOW, THEREFORE, IT IS HEREBY AGREED BY and between the City of Chula Vista • and said Second Party as follows: 1. Said Second Party agrees to undertake and complete, and to pay for • all labor and materials in connection therewith, within a period of 365 days from the date hereof, all the necessary work and installation of improvements in the hereinabove described subdivision in full conformity with the Ordinances of the City of Chula Vista, the laws of the State of California and the direections of proper officials of the City of Chula Vista, California as may be applicable • *thereto. Said improvements are more particularly described as follows: • Improvements Estimated Cost Excavation, 10,000 c, y. @ 0.40 $ 4,000.00 5" D.G. and road mix oil, 13,929.5 s.y. @ .75 10 447.13 Curb and gutter, 5,261 1.f. @ 1.50 .7,891.50 Walks, 21,162.9 s.f. @ 0.30 6,348.87 Valley gutter, 289.2 s.f. @ 0.35 101.22 Sewer main, 2,404 1.f 3.00 7,212.00 Manholes, 9 @ 150.00 1,35 9.00 Storm drain, 36" Conc. pipe, 553.6 1.f @ 8.00 4,428.80 Catch basins, 4 @ 100.00 400.00 Manhole, 1 @ 75.00 75.00 TOTAL $42,254.52 The Second Party 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. 2. As a guarantee and as security for its full and faithful performance • in complying with all the requirements for the completion of said subdivision as aforesaid, the Second Party shall deliver to the said City of Chula Vista, upon the execution of this agreement, a good and sufficient bond executed by an authorized surety company satisfactory to the said City of Chula Vista in the sum of $42,254.52. -2- 3. As a guarantee and as security for the payment of all labor and material claims for the completion of all said improvements, the second party shall deliver to the said City of Chula Vista a bond in the sum of $21,127.26 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. Z,.. Upon the execution by Second party of this contract and the posting of the bonds as herein provided, the City agrees to approve the Final Map of • said subdivision and accept the same fdr recordation. DATED: January 28, 1952 Owners CITY OF CHULA VISTA, CALIFORNIA Approved as to form and Legality: City Attorney of the City oT Chula Vista, California ATTESTED TO: City Clerk of the City.of Chula Vista, California . • • • • • • . -3-