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HomeMy WebLinkAboutRES NO 144-88RESOLUTION NO. 144-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ACCEPTING BILL OF SALE REGARDING CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 87-3, ZONE NO. 1, AND AUTHORIZING PAYMENT THEREFOR (RESOLUTION OF INTENTION NO. 1036). BE IT RESOLVED, by the City Council of the City of Bakersfield, California, that: WHEREAS, pursuant to the proceedings for City of Bakers- field Assessment District No. 87-3, Zone No. 1, certain public improvements have been constructed by DON JUDKINS, INC., to be acquired by the City of Bakersfield; and WHEREAS, the City Engineer has inspected said improve- ments and has determined that the same have been constructed in accordance with approved plans; and WHEREAS, DON JUDKINS, INC., has transferred to the City satisfactory warranties with respect to said improvements, and has agreed to indemnify the City against all claims by subcontractors and suppliers for nonpayments; and WHEREAS, in order to complete and establish the date of transfer of title DON JUDKINS, INC. has submitted a Bill of Sale for improvements completed. NOW, THEREFORE, IT IS ORDERED that that certain Bill of Sale dated June 28, 1988, by DON JUDKINS, INC., attached hereto as Exhibit "A" and incorporated herein by reference, be accepted, and that payment to DON JUDKINS, INC., of $375,000.00, the fair cost of constructing the improvements, be made from bond sale pro- ceeds held by said Assessment District. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 6, 1988 , by the following vote: x~'/ES CQU;;C~LN1E~,~RERS: CHILDS OOM(,I~D, SMITH RAT~Y P£Tr~SO~N, McO[RMOI-~ 5~L~GI~ H~. S~__~'.~2'~!,',.~j~~ !~i~,S NONE ABgEN r CC ~ ~id M ~ ~Ji ~S: NONE ABSTAINH4q C(IU~C~LMEMBE RS NONE Deputy CITY CLEBK an~ Ex Offic~,,'~lerk of the Council of the City of Bakersf~el8 APPROVED July 6, 1988 MAY~~he Cit~of Bakersfield APPROVED as to form: CITY ATTORN~PZ~gh~e City of Bakersfield AJS/mro/meg Attachment Exhibit "A" R RES 5 BILLSALE1 6/27/88 BILL OF SALE DON JUDKINS, INC., herein called "DEVELOPER", for valuable consideration, receipt of which is hereby acknowledged, does hereby bargain and sell and convey to the CITY OF BAKERSFIELD, a municipal corporation, County of Kern, State of California, herein called "CITY", pursuant to those certain proceedings known as City of Bakersfield Assessment District No. 87-3, all of the rights, title, and interest of said DEVELOPER in and to those public improvements including sewer mainlines, laterals, manholes, cleanouts, trench patching and any appurtenant work. Said transfer, sale, and conveyance includes all public improw~ments located within that certain parcel of land surrounded by Palm Avenue on the North, Greenhaven Street on the West:, Jewetta Avenue on the East, and an East-West line between Greenhaven and Jewetta, approximately 250 feet of 01d Town Road on the South. TO HAVE AND TO HOLD all and singular said goods, chattels, and rights forever. DEVELOPER does hereby covenant that it is the lawful owner of said goods, chattels, rights; that said public improvements are free from all encumbrances; that DEVELOPFR has the right to sell same and it will warrant and defend same against the lawful claims and demands of all persons contesting said transfer. DATED: JUL 6 1988 APPROVED as to form: CITY OF BAKERSFIELD City Attorney CITY OF BAKERSFIELD Mayor "CITY" COUNTERS IGNED: CITY OF BAKERSFIELD Finance Director /Don//Judk ins t// "DEVELOPER" R61788 4 BILLSALE DS:mro AGREEMENT TO INDEMNIFY In consideration of the acceptance by the City of Bakersfield, hereinafter the "City," of improvements constructed by Don Judkins, Inc., hereinafter "Judkins," for Zone 1 of the City's Assessment District No. 87-3 and reimbursement to Judkins of the costs of the same in the amount of $375,000.00, Judkins hereby agrees to indemnify, defend and hold harmless the City, its Council, officers, employees and agents, from and against any claim or action for nonpayment by each and all contractors, sub- contractors and laborers, involved in constructing such improve- ments and by each and all suppliers of equipment or supplies or both used in constructing such improvements. Judkins further warrants that each and all such potential claimants have been paid in full for their participation in the project of constructing the improvements. DON JUDKINS, By INC., a California ation ~ki~s , President AJS/meg JUDKINS