Resolution 09136CITY OF ALAMEDA RESOLUTION NO. 916
AUTHORIZING EXECUTION OF AGREEMENT WITH BAY HARBOR
VENTURE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
HARBOR BAY PARKWAY AND APPROVING BONDS AS TO
SUFFICIENCY; AND AUTHORIZING EXECUTION OF AMENDMENT
TO AGREEMENT WITH HARBOR BAY ISLE ASSOCIATES TO
TERMINATE ITS RESPONSIBILITY FOR SAID 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 3842 and on June 19; 1979, by its Resolu-
tion No 9099, said Council approved said Final Map, authorized
execution of an agreement for construction and completion of
public improvements in said subdivision, approved faithful per -
formance and labor and material bonds as sufficient in amount and
accepted certain public easements and access rights dedicated and
granted to the public and to the City of Alameda; and
WHEREAS, Harbor Bay Isle Associates subsequently sold
certain lands adjacent to Tract 3842 to Bay Harbor Venture, a
California General Partnership comprised of Jules Duc Construc-
tion Company, Inc., a California corporation, and Franciscan
Financial Corporation, for development; and
WHEREAS,, Bay Harbor Venture has accepted responsa.bility
for and agrees to construct and bond Harbor Bay Parkway, as set
north in the Final Map and 'Improvements Plans for Tract 3842; and
WHEREAS,_ Harbor ,Bay _Isle 'Associates desires to amend the
original Subdivision Agreement and Bay Harbor Venture desires to
enter into an agreementwith 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 Harbor Bay Parkway, 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 the City Manager and the City
Clerk are authorized and directed to execute and attest to,
respectively, an amendment to that certain Subdivision Agreement
dated June 20, 1979,` between the City and Harbor Bay Isle Associ-
ates which terminates its responsibility for the construction of
Harbor Bay Parkway;
BE IT FURTHER RESOLVED that the bonds of Bay Harbor Ven
in the sum of $201,000 guaranteeing the improvements in Harbor
Bay Parkway are hereby approved as sufficient in amount.
ure
r, the undersigned, hereby 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,'
Acting/City Alameda