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Home My WebLink AboutReso 1976-8298Form No. 342 Rev. 2/76 RESOLUTION NO. 82.98 RESOLUTION OF THE CITY COUNCIL OI'~ xl'€iE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLARENCE E. MINNERLY, dba SOUTH BAY VILLAS FOR THE REMOVAL OF TEMPORARY IMPROVEMENTS AND CONSTRUC- TION OF PERMANENT IMPROVEMENTS IN SOUTH BAY VILLAS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 cor-oration, and CLARENCE E, MINNERLY, dba SOUTH BAY VILLAS, for ~he removal of temporary improvements and construction of permanent improvements in South Bay Villas dated the 17th day of September 19 76 a copy of which is attached hereto and incorporated herein, 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 ~, ~~%i~ George D. Lindberg, City Attorney Approved as to form by ,~ i y ,, ' ,: ,_ ,,~- ~ ! 6' George D. Lindberg, City At orney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of August , 1g 76 , by AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ., . Mayor of the City of Chul Vista ATTEST `' City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 AGREEMENT PROVIDING FOR THE REMOVAL OF TEMPORARY Ir~~PROVEMENTS IN ENTRADA PLACE AND CONSTRUCTION OF PERMANENT IMPROVEr~IENTS IN SOUTH BAY VILLAS SUBDIVISION THIS AGREEMENT, made and entered into this 17th day of September 1976, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and CLARENCE E. MINNERLY, dba SOUTH BAY VILLAS, an individual, 6151 Century Boulevard, Suite 1104, Los Angeles, California 90045, hereinafter referred to as "Subdivider"; W I T N E S S E T H WHEREAS, as a condition of approval of the tentative subdivision map of South Bay Villas, the Subdivider has been re- quired to enter into an agreement to provide for the removal of a temporary street known as Entrada Place, and WHEREAS, the developer of South Bay Villas is also required to guarantee the construction of his proportionate share of the permanent improvements in the future extension of Entrada Place to East "J" Street, and 44HEREAS, the original developer, Shattuck Construction Company, has heretofore posted a bond insuring such guarantee for the Faithful Performance in the amount of $9,000, based upon the following estimated costs for the removal of temporary improve- ments and construction of permanent improvements: 1. Remove monolithic curb & sidewalk, 329 L.F. @ $3.00/L.F. _ $ 987.00 2. Remove A.C. pavement & berm, 8,718 S.F. @ $0.20/S.F. = 1,743.60 3. Abandon and plug water line, 2 ea. @ $300/ea. = 600.00 Sub Total $3,330.60 Contingencies 669.40 Grand Total $4,000.00 Developer's proportionate share of cost for construction of permanent improvements in Entrada Place: 1. Concrete curb & gutter, 170 L.F. @ $3.75/L.F'. _ $ 637.50 2. 4" PCC sidewalk, 765 S.F. @ $1.00/S.F. = 765.00 3. A.C. pavement, 1733 S.F. @ $0.42/S.F. = 727.$6 4. Adjust sewer manhole, lump sum = 300.00 5. Reconstruct driveways, 3 ea. @ $300/ea = 900.00 6. Reset water meters, 3 ea. @ $200/e a. = 600.00 7. Regrade & landscape front yards, lump sum = 600.00 Sub Total $4,530.36 Contingencies 469.64 Grand Total 5,000.00 and ~~HEREAS, it is now desired by the purchaser of said South Bay Villas Subdivision to enter into such an agreement and provide new bonds by and between hereto as follows: 1. Subdivider hereby agrees to remove the temporary improvements to be constructed in Entrada Place as shown on that certain final subdivision map of the South Bay Villas Subdivision, and further, to guarantee the construction of permanent improve- ments in Entrada Place to East "J" Street as shown on that certain subdivision map of South Bay~Villas. - 1 - ` _ ~" ~2 ~O ?.. Subdivider further agrees to post a surety bond in the amount of $9,000 to guarantee the removal of said temporary improvements and the construction of said permanent improvements. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. SUBI~7VID~R,: SOUTH BAY ~ILLAS ~ ,i/, ,, By: Clarence E: Mnneriy .. i ..Y w. -+- c a. n Approved as to form by C ~ i mil ~.~.C~..F7~-d,'~J ~ , City Attorney (Attach Notary Here) STATE OF CALIF/OR~NIA ~//~ ~~ / l r COUNTY O-F~f~ /~ /`7~l lJ(.9 C ~~ / J} ss. i On ~~/- „~~~~~ ~ ~ ~ ~ w ,before me, the undersigned, a Notary Public in and for 5 _ v said State, personally appeared ~~`~~~ o - ~_ U - known To me to be the person whose name ~ 0 J ~ subscribed to the within instrument and acknowledged to me 5 that- 1'-I ~ executed the same. I ~ WITNESS my hand and offcial seal. v - ~ ~ ,~ S Signature _ ~~ ~~ ~ ~~ ~ ~~ i/ Name (Typed or Printed) (This area for official notarial seal) THE CITY OF CHULA VISTA BOND N0. 2891864 PREMIUM: _$79.00 BOND FOR rAITHFUL PERFORMAD7CE WHEREAS, The City Council of the City of Chula Vista, State of California, and_ ~er~e ~naf~.e~signated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project Entrada -Place of South B~,x Villas nr~r Cit~• of f_hr~1.a Vict~ ilr~wina Nn_ 7~-33~ , 1.S hereby 'referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for,the faithful performance of said. agreement. - NOW, THEREFORE, we, the principal and SAFE_CO-INSURANCE COMPANY OF AMERICA as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City" , in the penal sum of - - NINE THOUSAND AND NO/100 - - _ _ _ _ _ _ _ _ dollars ($ q~pnn_n0 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his om its heirs, executors, adminis- trators, successors or assigns, sha17_ in all things stand to and abide by, and well and truly keep and perform the covenants, ccr~ditions and previsions in the said agreement and uny altera-• tion thereof made as therein.. provided, on his or their part, to be kept and performed at the time and in the manner. therein specified, and in .all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise .it shall be and remain in full force and effect. As a part of the obligation .secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney`s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in- cluded in any jizdgrnent rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the ~ ~~,, ~~, 1 r° STATE OF CALIFORNIA, COUNTY OF San Diego SS. ON April 13 19 76 before me, the unders~ed,~a Ndotory hblic in and for said State, personally appeared Leroy ip ,known to me to be the Vice President Of the a uc ons ruc ion ompany the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and officials I. ,~ -~~ ,. Nina M. Barstow NAME (TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT-Corporation-WOlcotts Form 222-Rev. 3-64 sTATE of CALIFORNIA ACKNOWLEDGMENT BY SURETY County of $AN DjE~O ~ ss On this 13th day of APRIL. , ~ X76 ,before me personally appeared R.jCNA~~ 5 _;~iART Y ,known to me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl- °dged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, ~~ . ~a~`I~'i~~ fi` ' ' first above written. ~; Fr!~!AL SEAL ~/-? `~' ~r'" F~~!;d'!~p.i o; r!CE !N Notary Public in the State of ` ~ (Seal) SA'J u1eG0 ~OUPJTY County of ~' ~ my CGnI!RIG3~pt~n EY.,!p~.-ec F~b'U2ryy 7 19°0 PRINTED IN U.S.A. -2- agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations an this bondr and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement ar to the wor}: or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, executed by the principal and APRIL 13th, 19 7~ this instrument has been duly surety above reamed, on 1 _ ~,~ l - - T ` 2~ F ,~, V i C C- /-n:- ~ 5, SNATTUCK CQ+'~STRUCTIflN Cfl~IP,~t~Y Contractor APPROVED AS TO FORM: City' Attorney Phi-E- 3 4 SAFECfl INSURANCE COMPANY OF AMERICA Surety