Resolution 09135CITY OF ALAMEDA RESOLUTION NO 9135
AUTHORIZING EXECUTION OF AGREEMENT WITH BAY HARBOR
VENTURE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
SUBDIVISION TRACT 4121 AND APPROVING BONDS AS TO
SUFFICIENCY: AND AUTHORIZING EXECUTION OF AGREEMENT
WITH HARBOR BAY ISLE ASSOCIATES TO TERMINATE AND
CANCEL ORIGINAL AGREEMENT FOR SUBDIVISION TRACT 4121
PUBLIC IMPROVEMENTS
WHEREAS, Harbor Bay Isle Associates, a partnership, pre-
sented to the Council of the City of Alameda for approval a Final
Map of subdivision Tract 4121 and on December 5, 1978; by its
Resolution No 9012, said Council approved said Final Map
authorized execution of an agreement for construction and com-
pletion of public improvements in said subdivision, approved
faithful performance and labor and material bonds as sufficient
in amount and accepted certain parcels of land and easements
dedicated to the public; and
WHEREAS, Harbor Bay Isle Associates subsequently sold the
land included in the Final Map for Tract 4121 to Bay Harbor
Venture, a California General Partnership comprised of Jules Duc
Construction Company, Inc., a California corporation, and
Franciscan Financial Corporation for development; and
WHEREAS; Bay Harbor Venture has accepted responsibility
for and agrees to construct and bond all public improvements pro -
vided for in the Final Map and Improvements Plans for Tract 4121;
and
WHEREAS, Harbor Bay Isle Associates desires to terminate
and cancel the Original Agreement and Bay Harbor Venture desires
to enter into an agreement with the City specifying the nature
and extent of the Public Improvements and the period within which
it will complete construction of the public improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that an agreement with Bay Harbor Venture for construc-
tion and completion of the improvements in said subdivision, and
all the terms and conditions therein, be and hereby is approved,
and the City Manager and the City Clerk are, authorized and
directed to execute and attest to respectively said agreement
on behalf of the City of Alameda.
BE IT. FURTHER RESOLVED that an agreement with Harbor Bay
Isle Associates terminating and cancelling the Original Agreement
and effecting a novation of all their respective rights, duties
and obligations under the Original Agreement be and hereby is
approved and the City Manager and the City Clerk are authorized'
and directed to execute and attest to respectively, said agree-
ment on behalf of the City of Alameda;
BE IT FURTHER RESOLVED that the bonds of Bay Harbor
Venture in the sum of $815,000;00, guaranteeing full and faithful
performance of the public improvements construction contract, are
hereby approved as sufficient in amount.
I, 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 7th day of
August, 1979, by the following vote, to wit:
AYES: Councilmen Diament, Stone, Tillman, and
President Corica, (4).
NOES: None.
ABSTAINING: Councilman Sherratt, (1).
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 8th day of August, 1979.