HomeMy WebLinkAbout29-94 AgreementP W 9 5 at=
AGREEMENT NO.
FOR
PARCEL MAP WAIVER 29 -94
THIS AGREEMENT, entered into on by and
between the CITY OF BAKERSFIELD, a municipal corporation, herein referred to as
p p
"CITY" and STOCKDALE INVESTMENT GROUP, INC., herein referred to as
"SUBDIVIDER ".
RECITALS:
WHEREAS, SUBDIVIDER is subdividing and developing land in the City
of Bakersfield under the provisions of the Subdivision Map Act (Government Code
Section 66410- et seq., referred to as the Map Act), and, under the provisions of the
Subdivision Ordinance of the City of Bakersfield (Title 16 of the Municipal Code) referred
to as the "Ordinance "; and
WHEREAS, the Advisory Agency of the City of Bakersfield did approve the
request for waiver of a parcel map, Parcel Map Waiver No. 29 -94, subject to certain
approved exceptions and conditions; and
WHEREAS, in accordance with said approval, SUBDIVIDER is required to
construct certain drains ,e improve ent t correct a drainage problem on Truxtun
Avenue; and• -..
WHEREAS, CITY has agreed to participate in said improvements; and
WHEREAS, CITY, SUBDIVIDER, and the traveling public would benefit
from construction of said improvements; and
WHEREAS, SUBDIVIDER desires to enter into an agreement with CITY in
order to be reimbursed for constructing CITY'S portion of said improvements.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
SUBDIVIDER mutually agree as follows:
1. SUBDIVIDER shall construct, at its sole cost and expense, those
drainage facilities and improvements required for approval of said Parcel Map Waiver 29-
94 as shown in approved plans on file in the office of the City Engineer and incorporated
as though fully set forth herein.
2.. CITY agrees to reimburse SUBDIVIDER $3,000.00 for the cost of the
catch basin within 45 days of acceptance of improvements by CITY.
Parcel Map Waiver 29 -94 Improvement Agreement May 16, 1995 Page 1 of 3 Pages
3. The failure of any party to enforce against another a provision of this
agreement shall not constitute a waiver of that party's right to enforce such a provision
at a latter time, and shall not serve to vary the terms of this agreement.
4. Any lawsuit pertaining to any matter arising under, or growing out
of, this contract shall be instituted in Kern County, California.
5. This agreement shall not be assigned to any party, or any party
substituted, without prior written consent of all the other parties.
5. The rights and obligations of this agreement shall inure to the benefit
of, and be binding upon, the parties to the contract and their heirs, administrators
executors, personal representatives, successors and assigns.
7. This agreement sets forth the entire agreement between the parties,
and supersedes all other oral and written representations. This contract may be
modified only in writing approved by the City Council and signed by all the parties.
8. Each individual executing this agreement represents and warrants
that he or she is duly authorized to execute and deliver this agreement on behalf of the
corporation or organization named herein and that this agreement is binding upon said
corporation or organization in accordance with its terms.
9. All notices relative to this Agreement shall be given in writing and
shall be sent by certified or registered mail and be effective upon deposition in the
United States mail. The parties shall be addressed as follows, or at any other address
designated by notice:
CITY: City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
SUBDIVIDER: Stockdale Investment Group, Inc.
4042. Patton Way
Bakersfield, Ca. 93308
Parcel Map Waiver 29 -94 Improvement Agreement May 16, t 995 Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed, the day and year first -above written.
"CITY
CITY OF BAKERSFIELD
By
BOB NOCE
Mayor
APPROVED AS TO FORM:
JuO Skousen
City Attorney
APPROVED AS TO CONTENT:
Raul M.. Rojas
Public Works irector
COUNTERSIGNED:
/Fieo fklimko
a e Director
"SUBDIVIDER"
STOCKDALE INVESTMENT CROUP, INC.
By
JOHN SCHAUERMAN
Parcel Map Waiver 29 -94 Improvement Agreement May 16, 1995 Page 3 of 3 Pages