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Home My WebLink About58-19A Resol~t~on a-uthorizing %.:~!~: execution of an a{}reement between the City of Ukiah, a Municipal ~ hereinafter called ~itv, first par+~v and Jo~ A Parducci and Margaret L. Parducci,~sband and wife, second parties, hereinafter called. Subd~ividers; WHEREAS, tre Citer ,'~as acceoted the firmi map of the suLdivision known as the Leslie Street Ad,- itl. on, and: wHEREAS, certain requ~.red improvements have not yet been completed, and ~HEREAS, an a~reement 'has been ,:repared which a~reement sets forth certain conditions under which t?~e required_t~m...,pro'~-,emen*'~ sha~l~ be comoleted, within a prescri[~ed period of t~me. '='~"~' ~ be it rcsel,~ed b-~ the Counc~.l NOW, q~,E~m~ O~ ~ .... of t~.e City o~ Ukiah that the City Mana~(.-er is auth- orize~ and instructed to execute the aforementioned aFreement in behalf of the Ci. ty. PASS~;D A~',~D At)OP?~iD t?~is .~]th day of February, 1958 by the foliow~ng vote: AtfES: ?~ayor Rones, Councilmen Runkel, Mazzo~i, Mercer a.ad ~agne r I~OES: l~one Ai~SE£~'T: i~ one D6nald Eo Rones Mayor AGREEMENT This Agreement, made and entered into in the City of Ukiah County of Mendocino, State of California, this.~.~_:--day of ~' 19~1 y and between the CITY OF UKIAH, a municipal /corporatio~ of the State of California, hereina£ter calZed CITY, first party and JOHN A. PARDUCCI and MARGARET L. PARDUCCI, husband and wife, second parties, hereinafter called SUBDIVIDERS. WI TNESSETH WHEREAS, SUBDIVIDERS are possessed of a tract of land i consisting of 2 58 acres, lying in the City of Ukiah, County of !i Mendocino known as the Leslie Street Addition, and WHEREAS, a tentative map of said subdivision was approved i by the City Planning Commission on the 20th day of May, 1957, ~ and WHEREAS, the final map of said subdivision has been approved by the City Planning Commission and the City Engineer, and WHEREAS, Section 6.1 of City of Ukiah Ordinance ~o 507, regulating the subdivision of land in the City requ~.res that if the improvement work required in the Ordinance is not completed satisfactorily before the final map is filed, the SUBDIVIDERS shall, concurrently with the approval of such map, enter into an agreement with the City Council relating to the improvements to be made in the subdivision - i~0W, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto mutually agree as follows: 1. IMPROVEMENTS. TIM~E LIMIT. SUBDIVIDERS agree to construct concrete curb, gutter and sidewalk along River Road in said submivision to fully comply with the requirements of the City of Ukiah Ordinance ~'o 507 regulating the subdivision of land, and pay for any materials, provender or other supplies used, in, upon, for or about the performance of sa~d work, or for any work or labor done thereon of any kind, or for any amounts due under the Unemplo~rment Insurance Act with respect to such work or labor. ~..~SUBDIVIDERS agree to cQ~plete said work on or before the ~'~J' day of ~ o I~' ~'~II' [~ 19~; provided, how- ever, that the City Manager is hereby authorized to extend the which time within/said improvements shall be completed for additional periods not to exceed six (6) months each ifhe is of the opinion that granting the extension will not be detrimental to the public welfare. No such extension shall be made except upon the basis of a written application made by SUBDIVIDERS statir~ fully the grounds of the application and the facts relied upon them for such an extension. In the event that SUBDIVIDERS shall fail to complete such work within said time, CITY may complete the same and recover the full cost and expense thereof from SUBDIVIDERS, 2. INSPECTIONS. COST. The City Engineer shall inspect all of the improvements made in said subdivision to see that they comply with CITY subdivision regulations, and SU~DI~q~DE~S shall reimburse CITY for the cost of such inspections, 3. PEq{FORMA~CE BOND. CASH DEPOSIT. In order to ir~su.re Its _f~].l and faithful performance of this Agreement, SUBDIVIDERS shall file with this Agreement a faithful performance bond or post a cash deposit with the City Clerk in the sum of Three Hundred and Fifty Dollars ($3~0.00) to cover the cost of said improvements, engineering, inspection fees and incidental ex- ~ penses. Such bond shall be executed by a surety company auth- ~ orized to transact a s~ret¥ business in the State of Cali. fornia and must be satisfactory Attorney as to form. -2- to and be approved bv the City 4. PROGRESS PAYMENTS FROM CASH DEPOSIT. Progress pay- ments may be made periodically to SUBDIVIDERS or their order from any cash deposi.~l~which SUEDIVIDER8 may ~ave posted with the City in lieu of providing a surety bond pursuant to Paragraph of this Agreement° Such progress paymenCs, when in order, shall be made in such an amount as, in the opinion of the City Engineer and City Manager, will compensate for not more than ninety per cent (90%) of the cost of improvements then satisfactorily completed. Said payments shall be authorized upon th~ filing w-Lth the City Clerk of a 'wr~'tten certification i b.v the City Engineer and the City Manager tlmt the work covered thereby has been satisfactorily completed and stating the amount of the payment authorized. 5. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the bene£it and be binding upon the successors and' assigns o£ · the respective part~.os beret°. IN WITlXI~SS ~rlEREOF, the City of Ukiah, a municipal corp- oration, first party, has caused this Agreement to be executed in duplicate by its City l~.nager and attested by its City Clerk under authority of Resolution ~o. ':, ~ ~' adopted by the Council of the City of Ukiah on the ', day of 19 "~ and the second parties have caused this Agreement to be executed in duplicate the day and year first above mentioned PR VE AS TO FORM,. Caroline M. Church, City Clerk CITY 0F,~UKIAH, a municipal cor ~ation, first catty, L~li d~ Cash, City~nag~-~ econC~ Party ' S e cffnd Pa~r t¥ ........ S. ........................... Co~,,ty of Me~ cio o ._2ff day of.-.-lVia~.f3tL .................................. f, the year one thousa,d mine hundred a,d ......... ~.~.~.~..-,...e...!gh,.~ ..... on this ........ ~t_ ........ ~ ......................................................................... a Notar~ Public in and for the .............................................. before me,. ..... -~r~y~.'f. Coun~t of ................. ..~--.e--.~.~-O..-.O-.~...~.O-' ....... i ................ State of California, residin# therein, d,ay co~,,,iss~omed a,a ~or,, ,~so,~,y ap,area .......... k~..-.-~-.---C---' .... .C..&.S..~ .......... Cowdery~s Form No. 3 2--Acknowledgment~General. (C. C. See. 1189) 87694 known to me to be the person__.fSvhose name..~._.lli~_.O__.subscribed to the within instrument and acknowled#ed to me that-~-~ he...~executeri the same. IN WITNESS WHEREOF I hgti!e her. e,mt2 set my hand and a~xed my o~cial seal " t o' IVlOI'ICI'OOiLI'IO the day and year in this in the .................... c oun,~ ~' .................................... ?-- ....................... certificate first above written. ~ - , /: [ ,: / , / ~ - · t'. .....~ X- --;. .... d ;:/._~--:-,.~--- ....¢.d4.~,--,--~----~'--, .............. Notary Public in and for the ................................. County of ........ - State of California. My Commission ]~xpires ........... 32995