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HomeMy WebLinkAbout4090 - Tract 1723 Improvements15 16 17 18 19 •g 20 21 i 3 22 123 24 :; 25 26 27 ~' 28 29 '} 30 X31 ss G I RESOLUTION No. y4 90 WHEREAS, there has been this day presented to the City Council of the City of Newport Beach a certain Agreement dated the 5� day of May, 1953, between the City of Newport Beach and Georg Mopamara, wherein and whereby McNamara agrees to complete certain Improvements in Tract 1723, said Agreement being provided for undo the provisions of Section 9253.51 of the Municipal Code; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that said Agreement be en- tered Into; NOW, THEREFORE] BE IT RESOLVED, that the Agreement d i as day of May, 1953, between George McNamara and the City of Newport Beach providing for the improvements in Tract 1723, be tered into by the City, and the Kayor and City Clerk be, and they are hereby, authorized and directed to execute said contract in behalf of the City of Newport Beach. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of Newpoi Beach, at a regular meeting thereof, held on the as— flay of May, 19536 by the following vote, to wits ATTEST: Is I C,�. P\2 IE -sue city Glerk AYES, COUNCILMM 1,c� NOES, COUNCILMEN:�� ABSEWT COUNCILMEN: r� N N�(ZM A V mayor �Ii 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 •g 20 21 i 3 22 123 24 :; 25 26 27 ~' 28 29 '} 30 X31 ss G I RESOLUTION No. y4 90 WHEREAS, there has been this day presented to the City Council of the City of Newport Beach a certain Agreement dated the 5� day of May, 1953, between the City of Newport Beach and Georg Mopamara, wherein and whereby McNamara agrees to complete certain Improvements in Tract 1723, said Agreement being provided for undo the provisions of Section 9253.51 of the Municipal Code; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that said Agreement be en- tered Into; NOW, THEREFORE] BE IT RESOLVED, that the Agreement d i as day of May, 1953, between George McNamara and the City of Newport Beach providing for the improvements in Tract 1723, be tered into by the City, and the Kayor and City Clerk be, and they are hereby, authorized and directed to execute said contract in behalf of the City of Newport Beach. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of Newpoi Beach, at a regular meeting thereof, held on the as— flay of May, 19536 by the following vote, to wits ATTEST: Is I C,�. P\2 IE -sue city Glerk AYES, COUNCILMM 1,c� NOES, COUNCILMEN:�� ABSEWT COUNCILMEN: r� N N�(ZM A V mayor �Ii 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AGREEMENT THIS AGREEMENT* ande and entered into this ;z�' day of MaYs 1953g by and between George MoNamara, hereinafter referred to as *McNamara*, and the City of Newport Beach, a municipal oor- poration of the 6th class, organised and existing under and by virtue of the Laws of the State of California, hereinafter refer- red to as "City°, WITNES8ETHt THAT WIMEAS, McNamara is proposing to develop a sub- division within the City of Newport Beach, and WHEREAS, McNamara proposes to construct sewers and lay water lines in said subdivision; and W RYAS, the provisions of section 9253.51 of the Huni- oipal Code of the City of Newport Beach provide for an Agreement to contain certain provisions as hereinafter set out; NOW, THEREFORE, in consideration of their mutual pro- mises, as hereinafter set forth, the parties hersto do agree as follovea (1) The real property covered by this Agreement is d cribed as Tract 1723, in the City of Newport Beach, County of Orange, State of California. (2) XoNamara hereby agrees to complete the construct of sewers and the laying of ester lines in said subdivision vl a period of months from the date hereof. (3) Said improvements shall be completed to the sa faction of the City Engineer of the City of Newport Beach. (4) If McNamara shall fail to complete said improv within the period set out above, the City may complete the same and recover the full cost and expense thereof from McNamara, or the surety for McNamara as said surety is provided for in Section 04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 9253.52 of the Municipal Code of the City of Newport Beach, or both. (5) All of said improvement work shall be subject to the inspection by the City Engineer of the City of Newport Beach and all oosts to the City of such inspection work shall be borne by McNamara. (6) The time within which said improvements shall be completed, as set out in ParagrAph (2) hereof, shall be extended for a time equal to the time that NeXamare is precluded from e ing an said improvement by strikes, acts of 0od, fire, unusual. Belay in transportation, or by any cause or causes beyond Ncr& control. (7) It is further agreed that McNamara shall file wi the City a bond in the amount of not less than #6,000.00, the p pose of which bond shall be to assure full and faithful perfor- manoe by NeNamara of the work of construction of said IN WITNESS WHEREOF, George NoNamara ban hereunto as$ hand and seal and the City of Newport Beach has caused its ate name and seal to be affixed by its Mayor and City Clerk unto duly authorised by Resolution of the City Council of the Ci of Newport Beach, duly and regularly passed and adopted at a ing thereof, held on then' day of , 1953• CITY OF NEWORT BEACH BY. Savor Bye -C' e-S r✓ y�T gi$ • • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, MARGERY SS , City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4090 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 25th vote, to wit: day of May 1963 , by the following AYES, COUNCILMEN: Smites Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 2 3d day of September , 19 57, M M��� City Z` er an4 Ex=Ot is o Clerk of the City Council, City of Newport Beach, State of California. it Y