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Home My WebLink AboutReso 1952-1338 .•.. ' . .. y' .. .j . . • t • kn • A n RESOLUTION NO. 1338 t , RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT, FOR THE CONSTRUCTION OF IMPROVE- MENTS IN PEPPER. TREE LANE TRACT AND ESCROW • AGREEMENT SECURING THE SAME • THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: SE@TION 1. That certain agreement between PEPPER TREE LANE HOUSING CO. , a corporation, and the CITY OF CHULA VISTA, a muni- cipal corporation) .dated June 24th, 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, and th'e' Mayor of the City of Chula Vista is hereby, authorized and ,direct- ed to execute the same 'for and -upon behalf of the said City. SECTION, 2. That Resolution No. 132$ is hereby repealed and withdrawn and 'superceded hereby. • • k S + • • 4 U 1 • ADOPTtD AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 30t-4 r of June ,19 52 , by the following vote, to-wit, AYES: COUNCILMEN Hobel= Logan Riesland,/ DeWolfe NAYS: COUNCILMEN None 1 3SSNT: COtmO/14.MEN Half ert7 _:.x r .41114-44# 4 *Pr 1,19 fox o e i y o In!. roi{y e, • lad+9 � - Y" LiePlitY STATE OP 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the sane has not been amended or repealed.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 ,• r Deputy • . . TRIS ACRLTASKT4 made and entered into thin 24th day of June, 1952, by and between i the CITY m CHULA VISTA, party of the first part, PRP?Wtt TRES LANS HODSIU C04, a corporation party .of the second part, and UNION TITIJ 1!isummCs AND TRUST COMPANY, party of the third part, WITNISSST X: 1. That the party of the second part, ea subdivider of certain lands in tho City of Chula Vista* filed in the office of • the Planning Commission of the caid City a "tentative0 map and a arise]." map of said lands, eahicb said maps are known as and . named PEPPIA TR J LANS TRACT„ 2. That said "Final" map has been approved by the Planning Commission of said City of Chula Vista and by the 'Cei neU of said City by minute order, adopted Jute Lath, 1952* subject to the execution of as improvement ocntract and posting security there. for as required by laws 3* That plena and specifications for the construction of' certain improvements, entitled Man end Profile for the ImProve.. event. of ?WPM T1 ! LAUD TRACT, being Document No. 52430L, 31L, 32L, 33L and 341, filed with the City ,neer. of The City of Chula Vista on the 24th day of Juno, 1952. a copy of which is on file in the office of the City Ensineer. 4. That an Agreement has been entered into by the party of • the second part and a certain contractor wherein and whereby the said m ntractar has agreed to construct certain improvements 04 said lands according to said Improvement Plana and specifications contained in said Document Do. «3OL, 31L, 32109 33L► and 34L filed in the office of the City. =gineer of said City of Chz • Vista, which inproveeenta are to be constructed in ce manner acceptable to paid City and that the cost of said work and improve... : ... /ej338 moue ;.all paid i ii e the work k o cons tti ua ioui p o r vee . That a copy of geld Agent is ettaehed hereto„ and marked Exhibit "AV 5. The party of the second part hereby agrees that in addie tican to the work required by Geld Decument No. 54 ,3tL,3 r 3311., and 3L filed d June 24# 1952, all monuments and satakee will be installed within thirty (301 dayn after completion of the ree4ired eee- imprevemeate and their acceptance by the City and will be of the character eed will occupy= the peaitions specified on said final map, Sp That they party of the eaaotzd part is depositing with UNION TITLE INSURANCE AND TRUST =PANT, as Trustee' party of the third part, the sum of ONE ReND eD„ TelIRTT0SZVEN TIMUSAND, FOUR R'`J DR2D =MT!f`a`-1! 0 82/100 ( 37,4 2) in cash for t#e PurP000 . of paying for the improvement, and setting cet monuments and etakeuj and WHEREAS', under an Act of the L i sl;ature of the State of Celle ferry relating to subdivieione and maps thereof, and Improvements constructed therein, it is provided that a deposit of money be made to &enure payment for the improvements and eettiag of s tan**. manta and 0takes required by any municipality; and e€ie£;SASI another provision of aaid Act provides that such depoeit may be made either with the municipality or with a reap spenoibte escrow agent or trust company; NOW, TaE ag `OR, the parties hereto hereby agree as follows, L. Thet the subdivider, party of the second part, hereby agrees with the City of Chula V1.ata to make or have made, the ime prove.aent.e above described acceptable to said City; end to have set all aon+ ntn and stakes requires for a fires map; that all of said imprtavements and ourveying shall be completed on or be*. fore one y ,q r from the date hereof, 2. That the ~said deposit of t3' „L7O.B2 with UNION flag INSURANCE AND TRUST CCK.PANT In lieu of bond ie agreed to by the City of Chula Vieta and the Council thereof, and the same is hereby approved. • 3 That partial withdrawals from said deposit shall be made " 'by said UNION TITLE IN .A IC AND TR13ST COMPANY to pay said eons : tractor as said work-prss i.21 aordance with theme contra. : ....: . up= certification the City aiginear 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 heoo d par* :: . That in the event of a detau .t by any of the eontratetors • and' ba*ee remaining In the hands of uNres TITLE rliSURANCE TRUST COMPANY of the said 613/1470.82 shall forthwith be delivve • by the said tUnion Title Insurance and Trast Company to the city'of Chula Vistas ich said rwrit shall be used to complete the improve., rents mquired by the City to be, made in said stsion and for the setting of the monuments and stakes end upon oompletion and payment thereof* bane of said 137,)f70.82 not 'seed for said pental thereupon bo delivered by the Tamer of said • cttp of Chula vises to the said Subdivider* party of the sew • ::.': ... parts or their suatteasor In interest* That in the event all warit required to be done is Completed tc the satiefaction of the Cif said City of Chula Vista end the monuments and states • ere eats then :upon ee ti tLon of mob. tats,,' by said city weer/ any balanoe of Said 413 7,47o, 11-Pt refired for the • abovemtentio3aed paayments, shall thereupm. be delivered by Union ;:. • Title Insure and Trust Company to the said subdividers p of Sectlad part, or 'weir successors in interest. • % It is mutually understood and agreed by the parties to this greet that no case will roe City of Chula vista* or • • any department* board or officer thereof, ti.able for any pry tit/a of the expense of the work aforesaid, nor 010,1 any off leer or his sureties or bondsmen, be liable for or hoiden for the par- -• stout of any .w or sus for the abpve-mention d work) nor f materials furnished hed t refor* 6 Pies hereto further agree that in the performance of the irk contemplated by this contract* they vill conform tO and abide �City all y of hey provisions of the Charter and Oz ce .. ... . of the City < 6*/.+'"k3 Vista:. WITNESS MEW, the parties hereto have hereunto set . • their names on the day and year in this agreeMent first aI • written. Cam! OF CH LA VISTA PAM' O+ THE 'rX'RST B',, PEPPER T 'r f 1135 MG CO, AP 4 '. . By Diu • B 456)'. Secretary MITT OF TIES MCO;it PAM* '`- �i�.u..✓ :c.. `/ / rice President .. •L'' By 4 , Msi al't Secrets ' ( PARTY CY THE 1ThD PART, • I H BEB APPR€3 the form and legality of the trithih. A r watt this 3e, day c#` 0' set 1952, • ,7 City A° `o.•e • By • Dewy City Att' e r Y