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Resolution 08883CITY OF ALAMEDA RESOLUTION NO. 8883 AUTHORIZING EXECUTION OF AGREEMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN SUBDIVISION TRACT 3713 AND APPROVING BONDS AS TO SUFFICIENCY (HARBOR BAY ISLE ASSOCIATES, SUBDIVIDER - BEDFORD/L.I.R. NUMBER ONE, DEVELOPER) WHEREAS, Harbor Bay Isle Associates, a partnership comprised of Doric Development, Inc., a California corporation, and Bay Farm Island, Inc., a Nevada corporation, presented to the Council of the City of Alameda for approval a Final Map of subdivision Tract 3713 and on July 5, 1977, by its Resolution No. 8747 said Council approved said Final Map, authorized execution of an agreement for construction and completion of public improvements in said sub- division, approved faithful performance and labor and material bonds as sufficient in amount and accepted various easements, access rights and a parcel of land dedicated and granted to the public and to the City of Alameda; and WHEREAS, Harbor Bay Isle Associates subsequently sold a portion of the land included in the Final Map and Improvement Plans for Tract 3713 to Bedford/L.I.R. Number One a partnership whose general partners are Bedford Associates, Inc., a corporation, and Lafayette Investment Research, a limited partnership, for development; and WHEREAS, Bedford/L.I.R. Number One has accepted responsi- bility for and agrees to construct and bond certain public improvements valued at $148,424.00, provided for in the Final Map and Improvement Plans for Tract 3713; and WHEREAS, Harbor Bay Isle Associates will be responsible for and agrees to construct and bond certain public improvements valued at $241,576.00, provided for in the Final Map and Improve- ment Plans for Tract 3713; and WHEREAS, Bedford/L.I.R. Number One and Harbor Bay Isle Associates desire to enter into new agreements with the City specifying the nature and extent of the public improvements each is to construct in subdivision Tract 3713; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that an agreement with Bedford/L.I.R. Number One and an agreement with Harbor Bay Isle Associates for construction and completion of the improvements in said subdivision, and all the terms and conditions therein, be and hereby are approved, and the City Manager and the City Clerk are authorized and directed to execute and attest to, respectively, said agreements on behalf of the City of Alameda. BE IT FURTHER RESOLVED that the bonds of Bedford L.IcR. Number One in the total sum of $148,424,00, and the bonds of Harbor Bay Isle Associates in the total sum of $241,576.00, guaran- teeing full and faithful performance of the subdivider's and developer's said public improvements construction contracts, are hereby approved as sufficient in amount. BE IT FURTHER RESOLVED that the City of Alameda hereby agrees to terminate and cancel the original agreement with Harbor Bay Isle Associates, dated July 6, 1977 and effect a novation of all rights, duties and obligations under the original agreement. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 4th day of April, 1978, by the following vote, to wit: AYES: Councilmen Beckam, Diament, Sherratt, Tillman, and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of April, 1978. City Clerk of the City o