HomeMy WebLinkAbout4560 - Westcliff Company Agreement1
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RESOLUTION M. y`a7. o
tYFiiwdtEAS, there has been presented to the City Council of the City of
Newport Beach an agreement, wherein and whereby Weateliff Company, a partnership#
hereinafter referred to as "Developer", guarantees to the City of Newport Peach
that it will construct water lines, sewers, cement work mid street eurveya, and
any other improvements shown on the improvement plane heretofore approved by
the City Engineer, said improvements to be located in Tract No. 3032, and
WHMEAS, said agreement provides that Wastoliff CompaW shall file
with the City of Newport Beach a bond in the amount of not lees than A358000.00
to assure Rill and faithful performance) and
WHMMkS, the said Westoliff Company has submitted to the City of
Newport Beach said bond in the amount of $35,000.001
NOl9, THMWORIBI BP. IT RESOLVED that the said agreement between
and the City of Newport Beach be, and the same is hereby approved, and the Mayor
and City Clerk are hereby authorised and directed to emeoute the same for and on
behalf of the City of Newport Beach, and the City Clerk shall transmit an ezeout
copy thereof to the said Developer.
The above and foregoing resolution was duly and regularly passed &M
adopted by the City Council of the City of Newport Beach, at a regular meeting
thereof, held on the day of . 1956, by the following
vote, to -wits
ATTEST e
MARGERY SCHROUDER
city e
AYES, COUNCILM k�6la: I1 �, Y-Y� L_
Rat U���,
lie
NOES, COUNCILMENs
ABSENT, COUNCI MWI
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THIS AORIMW, , made and entered into this �- i day of
tibi v� _ s 1956, by and between Westoliff Company, a partnership, hade
after referred to as 'Developer", and the City of Newport Peach, a mvdaipal
corporation, organized and wdeting under and by virtue of the laws of the Statt
of California, hereinafter referred to as " City ",
V7ITN3SS9THs
t9HMEAS, Developer is proposing to develop a subdivision within the
City of Newport Beach, to be known as Tract No. 30321 and
NHEREAS,.Developer proposes to construct the following described
Iimproveyments in said subdivision, to.witt water lines, sewers, cement work and
street surveys, and any other improvements shown on the improvement plans here-
tofore approved by the City Engineer of said subdivision) and
NHEMS, the provisions of Section 9253.51 of the Municipal Code of
1the City of Newport Beach provide for an agreement to contain certain provisions
Ias hereinafter set outs
NOW, TKMUWORB, in consideration of their mutual promises, as herein.
after set forth, the parties hereto do agree as follower
1. The real property covered by this agreement is described as
Tract No, 3032, in the City of Newport Beach, County of Orange, State of
2. Developer agrees to complete all improvement work shown on the
final map of said tract, including water lines, sewers, cement work and street
surveys, and any other improvements shown on the improvement plans of said
subdivision, within a period of 12 months from the date hereof.
3. Said improvements shell be completed to the satisfaction of the
City Engineer of the City of Newport Beach.
4. If Developer shall fail to complete said improvements within the
period set out above, the city may complete the same and recover the full cost
and espense thereof from Developer, or the surety for Developer as said surety is
provided for in Section 9253.52 of the Municipal Code of the City of Newport
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II or both.
1.53
$. All of aaid improvement work shall be subject to the inspection by
11 the City Flrgineer of the City of Newport Beach and all costs to the city of such
11 inspection work shall be borne by Developer.
b. The time within which said improvement shall be completed, as set
out in paragraph 2 hereof, shall be extended for a time equal to the time that
Developer is precluded from carrying on said improvements by strikes, acts of
Cod, fire, Unusual delay in transportation, or by any cause or causes beyond
Developer's control.
7. It is further apreed that Developer shall file with the city a
bond in the amount of not less than $35 #0M.00p the purpose of which bond shall
be to assure full and faithful perfansance by Developer of the work of
of said improvements.
In PMTNFrss Mff -1MWF, Westclitf Company has caused its name to be signed,
and the City of ReMort Peach has caused its corporate name wA seal to be
affixed by its Mayor and City Clerk thereunto duly authorized by resolution
of the City Council of the City of Hawport Beach,. duly and regularly passed
and adopted at a meeting thereof held the 2 :2- day of (Qct;�,, 19560
Wastoliff Comparq
By: Harrington Development By: Hester Development Co.
Co. By /s/ C. W. Hester, Pres.
/s/ F. C. Harrington, Pres.
/s/ L. M. Struch, Secy.
/s/ D. B. Pettersen, Secy.
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STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
1 Margery- Schrouder----------------------- ------------------------ City Clerk of the City di Newport
----- -- -- -
Beach, California, do hereby certify that the foregoing Resolution
YY 9 9 ...................l - -
560
No. - ....... .... 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
22d October 56
regular meeting place thereof, on the ................. . .. . .. .day. of .............................................................. 19.........
by the following vote:
AYES: COUNCILMEN ------ Hart, Wilder, MacKay, Stoddard, Higbie)
.. - - ------------ --------- ------- ------- --------
Ridderhof, Hill
NOES: COUNCILMEN.....N�ne
ABSENT: COUNCILMEN- None ....... ................ .... - - --
8th November 56
Datedthis ------- -- - - - - - - -- -..day of ...................... .. .. °- .......................1 19........
NB 130.50D -9/51
Ci }y Cend &= officio Clerk of }he City Council,
City of Newport Beach, State of California
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