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HomeMy WebLinkAboutReso 1951-1272 RESOLUTION NO. 1272 •• RESOLUTION NO. /2.72."°' RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT FOR THE CONSTRUCTION OF IMPROVE- MENTS IN WESLEY PARK UNIT ONE THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOESaHEREBY RESOLVE • AS FOLLOWS: SECTION 1. That certain agreement between:J.. W. REID and the CITY OF CHULA VISTA, a munj4cipal corporation, dated November 13th, 1951,. 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 Criula 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 J. W. REID, as provided for in said agreement ' • t • t - r 6 f • a• • • • • • • • I4 . • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 13t11. day of N q ve/n be r , 19 51 , by the following vote, to-wit: AYES: COUATCILMEN DeWolf e, Logan, 'Iota , Riesland NAYS: COUNCILMEN' Nome • ABSENT: COUNCILMEN Kidder ;a of the City of Chula Vista ATTEST: /i� f - Cit lerk by Deputy STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, KENNETH P. CA'IPBML, 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED: , 195 . City Clerk by Deputy' • CONTRACT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a municipal corporation, and J. W. REID, hereinafter called Second Party, as follows: WI TN ES SETH: • WHEREAS 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: • The Westerly 120 feet and the "Southerly 120 feet of Lot 16, Quarter Section 124, in the City of Chula Vista, County of San • • Diego, State of California, according to Map thereof No. 505, EXCEPTING, the Norther- . . • ly 50 feet of the Westerly 120 feet thereof. WHEREAS the Second Party proposes to create a subdivision e of said above-described property; to be known as WESLEY PARK UNIT ONE, and to effect the same 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 WHEREAS the City of Chula Vista is entitled to require from the Second Party, and does require from Second Party, as a ton- . dition precedent to the acceptance of any and all streets and • improvements in said subdivision as is provided therefor in said plans and attendant specifications as have heretofore been approved as aforesaid, and WHEREAS 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- • • • • 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, except such as is specifically provided in the 5th . Paragraph hereof, in full conformity with the Ordinances of the City of Chula Vista, the laws of the State of California and the • directions of proper officials of the City of Chula Vista, Calif- ornia as may be applicable thereto. Said improvements are more • particularly described as follows: Improvements Estimated Cost 5000sq. ft. of .Oil Mix Paving 500.00 501 ft. 8" curb and gutter 826.65 2500 ft. (sq. ) sidewalk 750.00 • 8 Driveways 432.00 TOTAL $2508.65 • 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 • S and installation of improvements specified in Paragraph 1 hereof. 2. As a guarantee and .as security for owner' s full and faith. ful performance in complying with all the requirements for the completion of said subdivision as aforesaid, except for the improve- ments specified in Paragraph 5 hereof. 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 $2,508.00. • 3. As a guarantee and as security for the payment of all labor and material claims for the completion of all said improve- . ments specified in Paragraph 5 hereof, the second party shall• deliver to the said City of Chula Vista a bond in the sum of • $1,254.00, by its terms made to inure to the benefit of laborers and materiaimen for labor and material performed or furnished in • -2- the performance of said improvements. Owner may post cash i � amount of .$250$.65 in lieu of the bonds above mentioned. 4. Upon the execution by Second Party of this contrac and the posting of the bonds as herein provided, the City agrees ' to approve the Final Nap of said subdivision and accept the same • for recordation. 5. The owner hands the City of Chula Vista herewith the sum of $1612.65 in cash, and the City of Chula Vista agrees to cause to be performed and 'installed the following described improve- • . ments for said subdivision: • Improvements Estimated Cost • 3$1 ft. $" Curb and gutter 1 62$.65 • App. 1900 sq. ft. sidewalk 570.00 3 Driveways 162.00 • 3600 sq. ft. Oil mixed paving $ 252.00 TOTAL $1612.65 The City's agreement is conditioned upon its entering into a con- tract with a contractor, licensed by the State of California, to • do such work, to perform such work for said sum. In the event the City does not so contract, the City may, at its option, re- fund said sum of $1612.65 to the owner, whereupon owner agrees to install said improvements under the terms specified in this agreement within 90 days from the date such option is exercised by the City. DATED: November 13th, 1951. . mot/(/ fia4 , • V Owner . CITY OF CHULA VISTA,CALIFORNIA By J✓ Approved as to form and legality: City Attorney of the ity of Chula Vista, Califon ia. ATTESTED TO: • Ci Clerk o • the Ci of Chula Vista, California. • -3-