HomeMy WebLinkAboutReso 1980-10437
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Form No. 342
RESOLUTION NO. 10437
RESOLU'l'ION "OF THE- CITY COUNCIL-OF.-"'l'HE"-CTTY OF CHULA
VISTA, APPROVING AGREEMENT"BETWEEN THE CITY OF CHULA
VISTA AND HELTON CONSTRUCTION FOR THE CONSTRUCTION OF
OVERHEAD TRELLIS STRUCTURE AND RESTAURANT REMODELING
IN MEMORIAL PARK
AND AUTHORIZING THE MAYOR TO 'EXECUTE SAID AGREEMENT
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The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement
bet~en THE CITY OF CHULA VISTA, a municipal corporation, and"
HELTON CONSTRUCTION, for the construction of overhead trellis struc-
ture and restaurant remodeling in Memorial Park
dated the 14th day of April , 19 81
which is attached hereto and incorporated herein,
fully set forth herein be, and the same is hereby
, a copy of
the same as though
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
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John P. Lippitt, City Engineer
George D. Llndberg, Clty Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, "CALIFORNIA, this 14th day. oj'" April 19~, by
AYES: Councilmen
Gi11ow, Hyde, Cox, McCand1iss, Scott
NAYES: Councllmen
None
ABSENT: Councilmen
None
GJ~ -rt. "" ""
ATTEST /t0t--?Vcb Jl OC&.~ _
- City Clerk
STArE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
, City Clerk of the City
that the above is a full,
, and that the same has
City Clerk
ADDENDlM TO CONTRACT BE'IWEEN THE CITY OF CHUrA VISTA
AND HELTON CONSTRUCTION FOR THE CONSTRUCTION
OF OVERHEAD TRELLIS STRUCTURE AND RESTAURANT
RE~lODELING IN MEMORIAL PARK
This ADDENDU>1 TO CONTRACT, made and entered into this 14th
day of April, 1 98!!:', by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and HELTON
CONSTRUCTION, 1650 Malta Avenue, Chula Vista, California 92011,
hereinafter called "Contractor";
WIT N E SSE T H :
WHEREAS, Contractor has indicated a cash flaw difficulty
at the commencement of the project, which makes it impossible for
him to purchase the required bond for performance and materials,
and
WHEREAS, City is ready and willing to advance such costs
to Contractor concurrent with the execution of the ,contract.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. City agrees to advance the cost of a performance and
materials bond to Contractor.
2. Contractor agrees to use said sum for the purchase of
said bond and to have that amount deducted from the total cost of
the contract.
3. Contractor shall forthwi th provide to the City such
bond before commencing construction.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHUrA VISTA
CONTRACTOR: Helton Construction
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-C~ A2X ,
Mayor of the City of Ch a
Vi~
ATTES ~ ?7;oc~~
City Clerk
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'(Tessie D.
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Helton
Approved as to form by
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City Attorney
(Attach Notary Acknawledgment)
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STATE OF CALIFORNIA
COUNTY OF...s:;,.~ /J/",/' <.>
On ~,,- . / /'3 /7',5'/ before me, the
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State, personally appeared t;./.:!' f,. L/. /r. ~
TO 1944 CA (8 74}
(Individual)
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to be the persorL-whose name
to the within instrument and acknowledged that
executed the same.
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WITN ESS my hand and official seal.
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, known to me
suhscribed
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Signature'xQ~, ""..,,/A ./7~'
IiilTITLE INSURANCE
AND TRUST
A TICOR COMPANY
undersigned, a Notary Public in and for said
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"....~"V\l\.D"^I.,
Q' . OFFICIAL'SEAL ,;
.,- DUANE M. HUGHES S,
~"'m. ~.: NOTARY PUBUC. CALlFORNIA:~
$ . ~ PRINCIPAL OFFICE IN ~~
'$. ,'""" SAN DIEGO COUNTY -:
-= M~ Commis~lon Expires March 23, 1982 ~
~a"'D~""""e~."""':I'.."."""""'''''''^''rc'''''''''''''''''''''''Y,
276 - 4th Ave. P. O. Box 1087, Chula Vista, CA. 92012
(This area for offICial notarial seal)
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Jessie D. Helton
1650 f'lalta Ave.
Chula Vista, Ca. 92011
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Harch 24, 1981
File /I- J0007
Semodel of restau~ant
& construction of
trellis.
liAR 25 ;\:.1 8 38
Hr. John Lippett
City ~ngineer Dept.
City of Chula Vista
P.O. Box 1037
Chula Vista, Ca. 92012
y(:;.)":-(
I am unable to perform on the contract awarded to me, referenced
above. I reouest that the Bid Bond not be activated but re-
turned to me,.-
';::'1'.:.,0.,"'-
I have discussed the problem with Mr. Hanson and Mr. Hughes
and believe they support the bond reauest.
Since bidding on the contract I have been unable to collect on
a substantial amount of money owed me on a previous job.
After being awarded this contract with your denartment I find
the cost for the Performance Bonds and insurance-are substantially
higher than was originally quoted to me.
The above events have left me financially unstable as far as
cash flow and unable to perform on the contract.
If the city activates the bid bond it would only cause further
financial problems for me waking me liable to the bonding company
for the bond amount. The above coupled with the apparent loss on
the above mentioned job ','!Quld put me out of business. For these
reasons I ask for your consideration and I apologize for the
inconvience to your department.
Sincerely,
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