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HomeMy WebLinkAboutReso 1973-7113 /(/ I Form No. 342 Rev. 9-71 RESOLUTION NO. 7113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LARWIN-SAN DIEGO, INC., FOR THE COMPLETION OF PERMANENT IMPROVEMENTS IN EAST "H" STREET WEST OF OTAY LAKES ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and LARWIN-SAN DIEGO, INC., for the completion of permanent improvements in East "H" Street west of Otay Lakes Road, dated the 28th day of November , 19 73, a copy of which is attached hereto and incorporated herein, the-5ame as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by (~_1-{?.-Ll Lane F. Cole, Director of PUblic Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 11th day the following vote, to-wit: ~-' ,/ i "->",___ '--C/ l/' /"'-----1>' " / /) ~A -'e>7/ /l__ <.-I_~';'--;? ",t;::-C/ """-"C_,'_ , ( George . Lindberg, City Attor the CITY COUNCIL of the CITY OF CHULA of December 19~, by AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ATTEST:2."/'7U;'/ ~~ ~L~f ,:/ Ci ty C erk v/ '-1!~~ M yor of the STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA , City Clerk of the City of that the above is a full, true , and that the same has not I, Chula Vista, California, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED Ci ty Clerk TO 447 C ( Individual) STATE OF CALlFOR:>IL\ COUNTY OF \.r:;Af'.' l),t' (/(, ,) } SS. On ^}0 '( .{la,.....: ._y,,:,. /47..3 _ hefore me, the undersigned, a Notary Public in and for said State, personally appeared ~~~~~'::::;'_Cr{riJ! r,-I to he tllf' person __ whose name_~____ subscribed to the within instrument and acknowledged that---.tf~__ executed the same. WITNESS my hand Signature ~_ i and official seal. X<,,(,.J...c LL -" L(l~i-,).I\i.\I\':'_ f\ l'<kt'\K~--I~ Name (Typed or Printed) , known to me aUft~DM~D~U.~-P~'~~~~~~~.--! J' -;.:i'5' '. OFFICI/I.l SEAL , . P'---", . Ii 6:(~"""~"t~ LORRA!NE A KRAKER I 1'-',: -.:; " . I ~ t'I"". ::,,, Ne,la,)' pubnt - Ca..fornlO ! ~ <c-" ",/ SAN DieGO CO_UNTY : My C0mmis~ion Exp,reos J"11(' 1~:2~!_..: t__~~-~~-~~-~~~~,. .,- (This area for ofl'icial notarial seal) @ AGREEMENT PROVIDING FOR THE INSTALLATION OF PERMANENT PUBLIC IHPROVENENTS IN ACCORDANCE WITH DRAHING 72-126-D ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS THIS AGREEHENT, made and entered into this 'Z.eT~ day of ~~""'''El2. , 1973, by and between the CITY OF CHULA VISTA, a munl.cipal corporation, hereinafter referred to as "City", and LARl"lIN- SAN DIEGO INC., a corporation, 6150 Mission Gorge Road, San Diego, California 92120, hereinafter referred to as "Subdivider"; WIT N E SSE T H . WHEREAS, the original owners and developers of the El Rancho del Rey project in the City of Chula vista have heretofore posted bonds insuring the full development of public improvements along East "H" Street, in accordance with the improvement drawing 72-126D, on file in the office of the Director of Public Works, along with related land- scape drawings; and WHEREAS, it is now desired that said bonds be released, although said improvements have not yet been completed and accepted by the City Council, in accordance with the original subdivision improve- ment agreement, as approved by Resolution No. 6543, dated August 8, 1972; and WHEREAS, Larwin-San Diego Inc., Subdivider, the new owner of said portion of El Rancho del Rey has heretofore installed a tempor- ary left turn pocket on East "H" Street to facilitate public access into the model site, in accordance with approved temporary improvement drawing 72-l26D-A, on file in the office of the Director of Public Works, and WHEREAS, Larwin-San Diego Inc. now desires to enter into a separate agreement securing the installation of the permanent improve- ments heretofore bonded by the original owner and developer of El Rancho del Rey, in accordance with Drawing 72-126D, between Stations 202+47 and 204+80 and within the limits of the median, upon the sale of the models or at such time as he may be directed by the City Engineer thereafter. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Subdivider hereby agrees to install permanent improve- ments on East "H" Street in the City of Chula Vista, in accordance with Drawing 72-126D, upon sale of the models or when directed by the City Engineer. 2. Concurrent with the execution of this agreement, which shall be approved at such time as the improvements in El Rancho del Rey Subdivision have been accepted by the City Council, Subdivider shall post a surety bond for faithful performance of said improvements in the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00). IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~'~~ ~ ~d" -i ty Clerk Appr L--Y);;- j. ..... -' / . /V~ '?/ --, City At~rney as to form by :::::;~/:>":<.<.:>/.~ /i...-' c/- ?t:1Jj3