Loading...
Resolution 365 ,..--- RESOLUTION NO. 365 RESOLUTION DETER>>IRING THAT lGRE",YENT MADE WITH HENRY A. SMITH BY THE CIty OF GILROY, RELATIVR TO PARK MEADOWS UNIT 11, HA.S BEEN COMPLIED WITH BY SAID HENRY ft.. SMITH, AND TERMINATING HIS LIABII,ITY. WHEREAS, HENRY A. SMITH did heretotore enter Into an agreement with the City of Gilroy on the 8th day ot June, 1954, by whlch he, as the owner and ~ubdlvlder of a tract ot land designated as PARK MEA.DOWS, UNIT 11, agreed to furnish and Install sewer and water mains, to grade, gravel and oil streets and alleys, construct side- walks, curbs and gutters, furnish and install fire hydrants and tire boxes and electrol1.rs, all to the satlsfaction or the Comm~n Council ot the City ot Gilroy, In the sald subdiv1s1on, and to furn1sh a bond in the sum or $1,,000 to be cond1 tioned upon the fai thtul performance ot the said acre_ent, 1n order to secure the approval ot the said Common Council to the plat or map of the said sub- divislon, and WHEREAS, the sald HENRY 1. SMITH has tully pertormed allot the conditions, covenants and agreements contained in the atoresaid agreement, with the exception ot the 1nstallation of fire alarm boxes, which cannot be installed at thls time because of the lack of space on the board at the t1rehouse, and WHEREAS, the sa1d HENRY A. SMITH has paid to the City or GilroY' the sum ot .435.00 ,whlch it i9 estimated is the amount which it will cost to turnish and install the tire alarm boxe. ca 11ed tor 17 the said agreement, and T 'llHEREAS, the Common Council of the City ot Gilroy does now find that there 1s nothing further to be done br the said HENRY A. SMITH under the terms of the said agreement, and his liability thereunder should be ter- minated and ended and the bond heretotore given on his behalf by the PHOENIX INSURANCE COMPANY should be terminated and the liability of" the bond.man thereunder declared ended, NOW, THEREP'ORE, be it re 801 ved by the !llayor and the Common Council ot the City of" Gilroy that the said HENRY 1. SMITH has tully complied with allot the provisions ot the aforesaid agreement and that be bas no liability thereunder and that the sa1d PHOENIX IRStrnAffCK COMPANY be d1scharged of all obligations arising out ot the execution ot the atoresaid bond. PASSED and ADOPTED th1s 21st day ot November, 19;;, by the following votes AYFi3: CounCilmen Pate,Kennedy,Rush,Petersen,Sanchez NOES I Councilmen None ABSENT I Councilmen Gallo APPROVED: Mayor ATTEST I (j( .lA. (U~ Ci ty lerk -2-