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HomeMy WebLinkAboutReso 1947-809 RESOLUTION NO. 809 n. a• , RESOLUTION N0.J'0? RESOLUTION.APPROVING AGREEMENT TO PERFORM WORK AND INSTALL IMPROVEMENTS IN BAY VISTA SUBDIVISION The City Council of the City of Chula Vista does hereby RESOLVE as follows: That certain agreement to perform work and install improvements in Bay Vista Subdivision, a copy of which is attached to this Resolution, marked "Exhibit A", and made a part hereof the same as if fully set out herein, be and the same is hereby approved and accepted. Lorenz C. Koester, Mayor of the City of Chula Vista, be and he is hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this 7i day of July, 1947. , Alekx4-- , May r of t�� - City of Chula Vista, California. ATTEST: ity Clerk of ts'-"-' ity 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 was approved by the Mayor of said City at a regular meeting of said Council held on the Ss' day of July, 1947, and that it was so adopted by the following votes: AYES: Councilmen Koester, Nashold, Dyson,Kidder,Riesland. ! • 4 NOES: Councilmen None ABSENT: Councilmen None City Clerk of the ' of ula 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above and foregoing is a full, true and correct copy of Resolution No. Bog , and that the same has not been amended or repealed. Dated: July S, , 1947. City Clerk of the City of Chula Vista, California I.• • • • 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 WARREN F. THOMAS and ESTHER C. THOMAS, husband and wife, hereinafter called 'bwners", as follows: W I T N E S S E T H : • WHEREAS, Warren F. Thomas and Esther C. Thomas are the owners of the following described real property in the City of Chula Vista, County of San Diego, State of California, • to-wit: • The Southwest Quarter of the Northeast Quarter of Quarter Section 164 of Rancho de la Nacion. • • WHEREAS, the Owners propose to create a subdivision of said above-described property and to effect the same have • 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 applicable thereto, and WHEREAS, the said proper authorities of said City have found the proposed subdivision plan to be to the best interests of said City, and • WHEREAS; , the City of Chula Vista is entitled to • acquire from said Owners such 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 WHEREAS, the City requires that the said Owners � _/a9 • shall furnish to the City such assurances for the completion of said improvements as may be required, and WHEREAS, the said Owners are desirous of acquiring such assurances, NOW, THEREFORE, IT IS HEREBY AGREED by and between the City of Chula Vista and the said Owners as follows: 1. Said Owners agree to undertake and complete within a period of one (1) year from the date hereof all the necessary work and installation of improvements in the hereinabove described subdivision (to be known and designated as Bay Vista Subdivision) 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. The Owners agree to indemnify, protect and hold harmless the said City of Chula Vista from any and all claims of liability or property damage which may be made against said City by reason of said work and installation of improvements as herein pro- vided. 2. As a guarantee and as security for the full and faithful performance to comply with all of the requirements for the completion of said subdivision as aforesaid, the Owners shall deliver to the City of Chula Vista, upon execution of this agreement, a good and sufficient surety bond executed by an authorized surety company satisfactory to the said City • of Chula Vista in the sum of Nine Thousand Dollars ($9,000.00) or a deed of trust in which said indenture the said Owners shall be trustors, the Union Title Insurance & Trust Company of San Diego the trustee, and the City of Chula Vista the • beneficiary, conveying to said trustee the following described • real property of the Owners located in 'the City of Chula Vista, County of San Diego, more particularly described as follows: Lots 13 to 20, inclusive, and Lots 29 to 36, inclusive, of Bay Vista Sub- division in the City of Chula Vista, County of San Diego, State of California. Said deed of trust shall be in such form as may be approved by the City Attorney of said City; the title of said property given as. security; as aforesaid, shall be insured or guaranteed by the said Union Title Insurance & Trust Company in such form as may be approved by the said . • City Attorney of said City. The Owners hereby warrant that said property so given as security is free and clear of all liens and encumbrances, save and except for current City of Chula Vista and County of San Diego taxes for the coming fiscal year which became a lien at twelve o'clock noon on March 4, 1947. Upon completion of the subdivision improvements as aforesaid, the City of Chula Vista shall return to the • Owners the said deed of trust, making such conveyances as may be necessary. The City of Chula Vista may record said deed of trust if it elects to do so. The City of Chula Vista shall be • put to' no expense herein; all costs 'shall be borne by the said • Owners. Dated at Chula Vista, California, this T day of , 1947. • • • Owners CITY OF CHULA VISTA, CALIFORNIA Appr. by: By By 1 , City Clerk, Chula ista, California