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R 273 RESOLUTIODT No. =': , ~IQen- series A ftFSOLUTTON AL''THORIZING TF~ 1',:~CUTTON OF A CODTTRACT FOR AND ODT PEHALF OF THE CITY OF AFt OYO GR~SdDE. BE IT RESOLVED, -by the City Couneil of the City of Arroyo Grande, that the Ntayor and City Clerk of the City of Arroyo Grande be, and they are hereby authorized and instructed, to execute, for and on behalf of said City, that certain contract with Ben D. Conrad, a copy of which contract is attached hereto and made a part hereof. 2 hereby certify that the foregoing resolution was duly and regualrly adopted by the City Council, of. the :City, of Arroyo Grande at an ad,jonrned regular meeting thereof, duly held on the 23rd, day of January, 1929, by the following vote: AYES::_ai~oz• C.S,Noble, Counci.l:nen Cox, Poole and Conrad. NOES: councilmen, :one, ABSENT: Councilt~en, ~tor~;an• ,r City Clerk ~. - ~ - ~i eso • ~tJo . a ~ THIS AGREEI'~N`P made and entered into this 23rd day of January, 1929, by and between THE CITY OI' ARROYO GRANDE, a municipal corporation of the State of California, the party of the first part, and BEN D. COISftAD of the County of Alameda, State of California, the party of the second part, WIT1dE SS:E TH. THAT WfiEREAS, the said party of the second part has heretofore been appointed City Engineer of the City of Arroyo Grande, for the purpose of performing the engineering wort and supervising the construction of certain street improvements on Mason, ldelson, Allen and I.ePoint Streets in the City of Arroyo Grande, and the making of the necessary street assessment. NOPl THEN~F012E, said party of the second party does hereby agree to perform and furnish the following work, to-wit: The making of all surveys, running of all levels, cross-sections and profiles; the making of all maps, grade, maps, plats, plans, designs and working drawings, to- gether with all necessary office and field work for the setting of grades, the preparation of all necessary plans and specifications, estimates, the making of all surveys, the keeping of all records thereof, and the setting of all stakes; the necessary supervision, direction and inspectiongall work- manship and material; preparation of all assessments, maps and diagrams covering the construction of said street work, and all other incidental and necessary work for the completion of said street improvements until the completion and acceptance of said work by the City Council of the City of Arroyo Grande. In consideration of said services being rendered to the City of Arroyo Grande as aforesaid, by said party of the second part, or through said party of the second part, and under his supervision and responsibility, the said city of Arroyo Grande will pay, or cause to be paid to the said party of the second part in accordai:ce with the street improvement laws of the State of California, the sum of erg per cent (~a) of the contract cost of the construction of said street improvements hereinbefore mentioned. In the event that said party of the second part shall commence to perform any of the work herein mentioned and said party of the first - 1 - ~i eso• ~tlo• a~ part shall rescind the same or defer or postpone proceedings for a period of more than thirty (30) days, or shall abandon said nrnePnr3;n~,c +~e., and in such event said party of the first part agrees to pay to said party of the second part, the actual cost of such tivork actually performed by said party of the second part,. IT IS FURTHER AGRI~i:D that said street improvement proceeds~~u hereinbefore mentioned, shall be prosecuted diligently by botz parties hereto, to a final conclusion; provided, however, that said City of arroyo Grande may postpone, rescind, defer or abandon any proceeding taken by them at their pleasure, but in such event said party of the second part shall be paid for his services to the date of such postponement, deferring or abandonment, in the manner heretofore set forth, Said party of the second part shall at all times. hold himself subject to orders and directions of the City Council of the City of Arroyo Grande. IT IS FL'RTfIER .~GHELD that said parties of the second part will give his personal attention and services to the work herein mentioned. x.11 work herein agreed to be furnished by said party of the second part, shall be of first class 'workmanship :and quality. IN WITNESS 1lfLREOF, the said City of Arroyo Grande has caused this agreement to be executed Uy its T'liayor aad City Clerk, thereunto authorized, and its corporate seal to be hereunto fixed, and the said party of the second part has hereunto set his hand the day and year first above written. CITY OF ARROYO GRfylIDE , or _ ~, x , And, ~~"/ ~~:~ ~ Vii`-%~_i --'----- City Clerk 1