Resolution 365
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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
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