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