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HomeMy WebLinkAboutReso 1949-1012 5 • L • RESOLUTION NO. 1012 RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT FOR THE . _ CONSTRUCTION OF IMPROVEMENTS IN TECUMSEH PARK NO. 2. THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HERE- BY RESOLVE AS FOLLOWS: SECTION 1. That certain agreement between A.L. LYNDS, R.E. TYSON and H. H. JOHNSON, individually, and JOHNSON, 'TYSON and LYNDS, a partnership, second party, and the CITY OF CHULA VISTA, a municipal corporation, dated April 12th, 1949, 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 LORENZ C. KOESTER, 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 of said partnership, as provided for in said agreement. ' ADOPTED, SIGNED AND APPROVED this 12th day of April, 1949. Aorif A' .yor of tilt/ ity of Chu a Vista, C_lifornia. ATT01 . City Clerk ! Srhe City of Chula Vista, California. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) , I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said City and wqs approved by the City Council of said City and was approved by the Mayor of -1- said City at a regular meeting of said Council held on the 12th day of April, 1949, and that it was so adopted by the following votes: AYES: Councilmen Dyson,Kidder.Koester.Rie eland,Nashold. NOES: Councilmen None ABSENT: Councilmen None Air ity er o the ity o Chula Vista, California. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and afore- going is a full, true and correct copy of Resolution No. 1Q12 , and that the same has not been amended or repealed. DATED: April 12th, 1949. City Clerk .of the City of Chula Vista, California. • -2- • CONTRACT FOR COMPLETION OF IMPROVEMENTS • . IT IS HEREBY AGREED by and between the CITY' OF CHULA VISTA, a municipal corporation, a City of the sixth class and a political subdivision of the State of California, and • A.L. LYNDS, R.E. TYSON, H.H. JOHNSON, individually, and JOHNSON, TYSON and LYNDS, a partnership, hereinafter called "Second Party" as follows: WITNESSETH: WHEREAS the Second Party:_is the owner of the following described real property in the City of Chula Vista, County of San Diego, State of California: • All of Lot 8 of Quarter Section 122, according to Map of Chula Vista, No 505, filed in the office of the County • Recorder, County of San Diego, State of California. " .. WHEREAS the Second Party proposes to create a subdivision of said above-described property and to effect the same has ' heretofore filed with the proper authorities of the said City • of Chula Vista the necessary maps and other data in conformity with the laws of the State of California and 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 acquire from said Second Party, as a condition :precedent to the acceptance of any .and all streets and easements, assurances for the com- • • '. : pletion ofthe public improvements in said subdivision as is provided therefor in said plans and attendant specifications as have heretofore been approved as aforesaid, and -1- n` ! • WHEREAS the City requires that the said Second Party shall furnish to the City such assurances for the completion • • of said improvements as may be required, and • UHEREAS the Second Patty is desirous of supplying such assurances, NOW, THEREFORE, IT IS HEREBY AGREED by and between the City of Chula Vista and the. said Second Party as follows: • 1. Said Second Party agrees'.to undertake and to complete within a period of 365 days from. the date hereof all the necessary work and installation of improvements in the hereinabove described subdivision (to be known and designated as TECUMSEH PARK NO 2) 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, California as may be applicable thereto. Said improvements -are more particularly described in .those certain improvements plans of said subdivision which by this reference are incorporated into and made a part of this agreement, and are more generally • itemized as follows: IMPROVEMENTS ESTIMATED COST 2 Manholes @.$175.00 $350.00 1 Dead-end 35.00 35.00 1150 ft. of 6 inch V.C. Sewer 2.25 25$7.50 6414 sq.ft. S.W. .25 1603.50 Combination Curbs and • .gutter 1500 ft. 1.50 2310.00 20,950 sq.ft.Asph. Road Mix • .07 1466.50 Excavating 700 yds. .50 350.00 D.G., 2$5 yds. 1.50 427.50 Seal Coat 290 gal. .15 43.50 Total $9173.50 . The Second Party further agrees to indemnify, protect and hold harmless the said" City of Chula Vista from any and all • claims of liability of any kind or nature or property damage which may be made against said City by reason of said work and installation of improvements as herein provided. • -2- • 2. As a guarantee and as security for its full and faith- ful 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 NINE THOUSAND, TWO HUNDRED ($9,200.00) - DOLLARS. • 3. As a guarantee and as security for the payment of all labor and.material claims for the completion of all said improve- ments, the second party shall deliver to the said City of Chula Vista a bond in the sum of FOUR THOUSAND, SIX HUNDRED ($4,600.00) • DOLLARS 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. • 4. 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 for recordation. DATED: attrir '144. ,1949 • 2. JOHNSON, TYSON and LYNDS, a partnership Approved as to form and by • • Legality: '%► '.`. o nson attAzf 13 • 4111111.1 A City Attorney of thh City _ of Chula Vista, California. .E 11 H ATT,S.' D TO e' CITY OF Uf VISTA, ALIFORNIA %fIda, /�� o. by / ;r L .01 y ,,City of / Tyour Chula Vista, Cal fornia. • -3-