HomeMy WebLinkAboutReso 1952-1331 RESOLUTION 1331 •
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RESOLUTION NO: 11
RESOLUTION OF THE CITY COUNCIL. OF THE° CITY
OF CHULA VISTA APPROVING AGREEMENT CONCERN-
ING INSTALLATION OF IMPROVEMENTS IN SOUTH
BAY SUBDIVISION UNIT NO. 1
THE CITY COUNCIL OF ,THE CITY OF CHULA VISTA., DOES HEREBY
RESOLVE AS FOLLOWS:
That certain agreement, dated June 13th, 1952[,
between the CITY OF CHULA VISTA , SOUTH BAY DEVELOPMENT.
COMPANY, and UNION TITLE INSURANCE AND TRUST COMPANY, a
copy of which is attached hereto and by this reference
incorporated herein, be and the same is hereby approved;
and that the Mayor and the City Clerk are hereby authorized
and directed to execute the same for and on behalf of the
City of Chula Vista. ,
t . nx ac , ,
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ADOPTED AND APPROVED by the CXTY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this loth.day of Jul:A . __. ,19 52 ,
by the following vote, to-wit:
AYES: COUNCILMEN, HobelA LQgai .)Halferty1 Riesland
NAYS: e COUNCILMEN N-
ABSENT: COUNCILMEN DIN940. ._
T vior O e Lty of C,1% a le
ATTEST; /* 472
by '
Deputy
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO } ss.
CITY OF CHULA VISTA )
I, , Kenneth P. Campbell , City Clerk of the
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City of Chula Vista, California, DO HEREBY CERTIFY that the above
and foregoing is a full, true and correct copyJof Resolution
No. 1331 , and that the sane has not been amended or
repealed.
DATED: , June 10, 1952
Ci y Clerk
by
beputy
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A G R E E M E N T•
This AGREEMENT, made and entered into this 13th day of
June, 1952, by and between the CITY OF CHULA VISTA, a muni-
cipal corporation, party of the first part, and SOUTH BAY
DEVELOPMENT COMPANY, a co-partnership, party of the second part,
and UNION TITLE INSURANCE AND TRUST COMPANY, a corporation, 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 SOUTH BAY SUBDIVISION UNIT 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 15, 1952, subject to the
execution of an improvement contract and posting security there-
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for as required by law.
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• 3. That plans and specifications for the construction of
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certain improvements, entitled 'TPlan and Profile for the Improve-
.. • ment of South Bay Subdivision Unit No. 1'T, being Document N . 52-
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24L and 52--25L, filed with City Engineer of the City of Chula
• Vista on the 15th day of April, 1952, 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 in said lands
- • . • according -to said Improvement Plans and specifications contained
in said Document No 52-24L and 52-25L 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 for
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as the work of construction progresses. That a copy of said
CGS ?,. -c � 3- /�37"
Agreement is attached hereto, ,and marked Exhibit "A".
5. The party of the second part hereby agrees that in
52-25L
addition to the work required by said Document No. 52-2/.L anjl/f fled
April 15th, 1952 , all monuments and stakes will be installed with-
in 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
the UNION TITLE INSURANCE AND TRUST COMPANY, a corporation, as
Trustee, party of the third part, the sum of TWENTY-SEVEN THOUSAND
SIX HUNDRED SIXTY AND 23/100 DOLLARS ($27,660.23) 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 provision of said Act p rovides 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
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 be-
:. .. fore one year from the date hereof.
2. That the said deposit of $27,660.23 with the 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.
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3. That partial withdrawals from said deposit shall be
made by said Union Title Insurance and Trust Company to pay said
contractor as said work progresses in accordance with their con-
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tract, 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 the Union Title Insurance
- and Trust Company of the said $27,660.23 shall forthwith be de-
livered by the said Union Title Insurance and Trust Company to
the City of Chula Vista, which said funds shall be used to com-
plete the improvements required by the City to be made in said sub-
division and for the setting of the monuments and stakes and upon
completion and payment thereof, any balance of said $27,660.23
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 The 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 $27,660.23
not required for the above-mentioned payments, shall, thereupon be
delivered by the Union Title Insurance and Trust 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 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
payment of any sum or sums for the above-mentioned work, nor for
any materials furnished therefor.
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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,..
THE CITY OF CHULA VISTA
By �;ei
PARTY OF THE FIRST PART
SOUTH BAYS;VELOPMEN/, COMP,
p
By `�`�
'artner
, x,rBy
Partner
PARTY OF THE SECOND PART'
UNION,T ITL r 'NCE AND TRUST COMPANY
( / ice President
By �a�. 3 • /....`/i/
Assistan 'ecretary
PARTY OF THE THIRD PART
I HEREBY APPROVE the form and legality of the within Agree-
ment, this 3/ day of cuj 'I 1952.
rl
ALBE T C. OYER, Ci Attorney
By
Deputy City Attorney
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