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HomeMy WebLinkAboutReso 1976-8243_l. f ,,~ Form No. 352 Rev. 11-67 RESOLUTION N0. 8243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN BONITA RIDGE ESTATES, UNIT NO. 4 SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, Bonita Hills Properties and Par Construction, Inc dated the 16th day of June 1976 for the completion of improvements in that certain subdivision known as Bonita Ridge Estates Unit No. 4 Subdivision, a copy of which is attached hereto and by reference made a part here- of, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to r by William J."R bens, Director of George D. Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 6th day of July 19 76, by the following vote, to-wit: AYES: NAYES: AB ^ ^."^ _ AT Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Councilmen ST COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I. City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk SUBDIVISION :IMPROVEMENT AGREEMENT THIS AGREEMENT, made and ~7une , 19~~, by and municipal corporation, hereinafter a general partnership and PAR CONS' San Diego, CA 92120 hereinafter called "Subdivider"; entered into this 16th day of between THE CITY OF CHULA VISTA, a called "Ci.ty", and BONITA HILLS PROPERTIES, CRUCTION, INC., 6312 Riverdale Street, W I T N E S S E T H WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final sub- division map of a proposed subdivision, to be known as BONITA RIDGE ESTATES, UNIT #4 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista City Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council o.f the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the require- ments of Title 18 of the Chula Vista City Code, agreeing to install and complete, free of liens, at Subdivider's own expense, all of the public improvements and/er land development. work required in said sub- division within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and com- plete, at Subdi.vider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as con- tained in Resolution No.7165 , approved on the 5th day of February 1974, and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared, submitted to and approved by the Director of Public Works, as shown on Drawings No. 76-1O1D thru 76-122D an file in the Office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been sub- mitted and approved by the City, in the amount of THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100s ($350,000.00) WHEREAS, the estimated cost as approved by the City for the installation of all monuments is attached hereto, marked "Exhibit A" and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY UTQDERSTOOD AND AGREED AS FOLLOWS: 1, Subdivider agrees to comply with all of the requirements of the tentative ma.p resolution.; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and ID 1 -. approval of the Director of Public Works, all of the public improvement and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the Director of Public Works anal by this reference are incorporated herein and made a part hereof. 2. It'is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the com- pletion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements re- quired under the provisions of this contract to be done on or before thesecosl anniversary date of the recordation of the map of said sub- division. 4. It is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the Director of Public Works has certified in writing the completion of said public improvements or the portion thereof serving said buildings or structures approved by the. City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6, Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/100s ($175,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit B" and made a part hereof. 7. Subdivider further agrees t.o furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/100s ($175;.000.00) to secure the payment of material and labor in connection with the instal- lation of said public improvements, which security is attached hereto, marked "Exhibit C" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the stun of FOUR THOUSAND DOLLARS AND NO/100s ($4,000.00) to secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereofm 9, It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained herein, Upon certification of completion by the Director of Public Works and acceptance of said wark by City, and after certification by the Director of Finance that. all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released. to Subdivider or its successors in interest, pursuant 'to the terms of the improvement security. ® 2 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista City Code. 11. It is further understood and agreed by Subdivider that any engineering costs (i.ncluding plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the oust of street signs and street trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that. Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove, 13. It is understood and agreed that. City, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraphm Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a con- sequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 14. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth, THE CI Y OF CHULA VISTA SUBDIVIDER: BONITA HILLS PROPERTIES, a gene partnership Mayor o_ the City o Chula Vis $Y= ATTEST G[,~~g~~~~¢_ PAR ~TRU TIO IN De y City Clerk ///I~]/,, Approved as to f m ~ , City Attorney - 3 - STATE OF CALIFORNIA l n COUNTY OF San ~1 eqo T ss, On this~~.t})-day of J71n~ ___, 19~~-p,~. b'ef~ore me~e~, mxn~trnr•t~en a Notary Publlc in and far said Stare personally appeared-_ ~eJlfl.[ ~P[ (~ (eW[d~Br i° a' known to me ro be the- Presidenq and Evel yn M. Lewsader c as Par Construction, Inc. `m E known to me to be the- Secretary of_-- , ~ o u the corporation that executed the withln Instrument and known ro me to be the persons who executed the within F Instrument on behalf of said corporation, said corporation being ~ A ~ xnnnn nl nnllnnl nninnnm rnn m~MT ki own m me to 6e one of the partners of ^nlni I °~ Bonita Hills Properties ,;. OFFICIAL SEAL E _ - ~.~ ~~ JOANNE A. IVERSGT! aQ the partnership that executed the within instru menq and acknowl- ~g .~V ~~ t OTARY PUBLIC CAl F+ I si V LL edged fo me that such corporation executed the same as such _ ~G PRINCIPAL OFFICE lv -~ ~ •~'~'" '' SAN DIEGO COVa+"~ partner and that such partnership executed the same. by Cummisslon Ezprtee ©as. 3, 179 o WITNESS my and and official seal. nrn.w..~•..»ww•••••~~~xxwwm~w~x~un~~w.••...•xVmnnrnr:::a~:,::::a: r.:r:" E LL Signature _ J nne A. Iversen Name (Typed or Pri nfed) (This area for offmial norari al seal) LIST OF EXHIBITS Exhibit "A" Estimate of Cost of Monuments Exhibit "B" Improvement Security - Faithful Performance: Form: Bond Amount: $175,000.00 Exhibit "C" Improvement Security - Material and Labor: Form: Bond Amount; $175,000.00 Exhibit "D" Improvement Security - Monuments: Form: Bond Amount: $4,000.00 Securities approved and amount by Improvement Completion Date: Two years from date of Council approval of the Subdivision Improvement Agreement. November 26, 1979 File No. EY-047 To: Jane Diedrichs, Deputy City Clerk From: John P. Lippitt, City Engineer Subject: Release of Bond No. 003713 for Bonita Ridge Estates Unit No. 4 On November 13, 1979, the City 9842 accepting improvements in subdivision. The developer ha the subject Street Improvement Please release the bond to the transmittal. Council adopted Resolution No. Bonita Ridge Estates Unit No. 4 requested the City to release Bond. Engineering Department for JWH:nr STATE OF CALIFORNIA San Diego ~~ a COUNTY OF " on thi,__1Gttvay of June _, ,q 76 before me Jeanne A. Iversen Charles R. Lewsader i a Notary Pu61ic in and for said State personally appeared m ~ known to me to be the_ -President, and ~Yed-~ql M- WCdder `o -° Par Construction, Inc. v E known to me ro be the Secretary of- u the corporation that executed the within instrument and known to me to be the persons who executed the within n v = instrument on behalf of said corporation, said corporation being m m ,inumm~nnun innnullinununnn,mumunnnu,nnwini,nnnummmummm~nm o ~ known to me to be one of the partners of _ OFFICIAL SEAL °~ _ Bonita Hills Properties JEANNE A. IVERSEN nQ the partnership that executed the within instrument, and acknowl-? °~ NOTARY PUBLIC CAU FOR NIA € rj LL edged to me that such corporation executed the same as such ? ~ y~ PRINCIPAL OFFICE IN j partner and that such partnershi '_ SAN DIEGO COUNTY _ p execvred the same. a My Commission Expires Dec. 3, 1979 WITNESS my ha nd off cial seal. mm~nnnniiuunmin,ninn~~nwinninnu„nn,n,iinwi,uoi~~wun,uunwnnuuwini~u~ E LL Signature Jeanne A. Iversen - Name (Typed or Printed) (This area for official notarial zeal) State of California County of Los Angeles ss. On this ~ day of June 19 T6 before me personally came Harold R. Smith +o me known, who being by me duly sworn, did depose and say: +hat he is Attorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed +he foregoing ins+rument; that he know(s) 1F_ seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By-Laws of the said Corporation, and +haf he signed his name thereto by like authority. utl11101111111111Illlllllllnlmnnunnnnnnnnnnnnnmumm~lmmmtmmmnminnto~a / OFFICIAL SEAL = ' .< Cynthia A. Carmichael X ~-' N® 21 PV 9LIC C1L:FCRNIA 3 ~`' PRlA..lRAL OF, P.E IN ' ~ LO$ ANGEL°_5 COUa?Y = f'%~X' ~iLllffii33ir~fl F.xpiras June 3D, i978 '_ ~,r„«a~~ ..__ _. State of California County of Los Angeles ss. On this L r .y,~-L,~ezJ ~ ~c~.'~ , rr°"n (Notary Public) day of June 196, before me personally came th +a me known, who being by me duly sworn, did depose and say: that he is A++orney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing ins+rumen+; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corpora+e seal; that it was so affixed by authori+y gran+ed to him in accordance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. nmm~nnunnnn,ummm,,,,,,mimmm,,,ln,mn~mmnnnnnnnununnnnummnnez4 ® " OFFICIAL SEAL ? ~~~ G`~ ~ { Cynthia A. Carmichael `_ ~:'`~~ Nor>4v Pi;auc .A Ircr.N A = °'°'0 (Notary Public) E~';q ~- P41`JCIPAL C F' E IfJ ~ LOS ANGEL S CCUNTY Bond No. 003712 Premium-$60.00 SURVEY MONUMENT INSTALLATION BOND KNOW ALL MEN BY THESE PRESENTS, That I/We BONITA RIDGE ESTATES #4- as the subdivider and Principal, and the COVEN a Corporation of the State of CONNECTICUT as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of FOUR THOUSAND AND NO/100------------------ ($ 4,000.00 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known asBONITA RIDGE ESTATES #4 subdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution and WHEREAS, the said Principal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by GEORGE S. NOLTE (name of AND ASSOCIATES as per the final map of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completic and acceptance of public improvements within said subdivision, tl-:en the obligation shall be void, otherwise to remain in full force an.^: e=feet. IN WITNESS WHEREOF, the said Principal and Surety have hereunto ::et their hands, this 4 day of .NNE 11 19 76 ___ BprJ~'A RIDGE T #4 P r Const ction, Inc. By : ~.IO~ ( ,. pa~ i APPROVED AS TO FORM: COVENANT MUTUAL INSURANCE COMPANY --" Attorney-in-R'ac Cit Attorney .,J~'`~ Harold R. Smith Executed in Triplicate PW-E-34 ~uvcl~Aly I mu I UAL IIVJUKAIVGt COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Harold R. Smith its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(sl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, dttestation, or other instru• ment, all with or without the seal of the corporation, but if~under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special pov+er of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSU RAh~CE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: f L~'111~ ~, (~ Y7a Assistant Secretary STATE OF CONNECTICUT ) y ss: COVENANT MUTUAL INSURANCE COMPANY By~ ) Vice Fresid t COUNTY OF HARTFORD On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. :: ~ `r~.. ~:.. SlC... r ?:' ., f ,. ....__~(-Zi ert :-c i..-C_ / ~ ~ "1-f.~G'1t'CG~ ~4Z-) ?2;'NpTA q~;.;i ~ Notary Public W ; -•- ~ ~ ~ ~ My commission expires March 31, 1978 ~. '! : Py81.~G :'2: •'•, :'~ °+wf~trc°,.:'~ CERTIFICATION ........... I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this ~ day of June 19 76 ~~4 ~~> Assistant Secret, y