HomeMy WebLinkAboutAgenda Statement 1976/08/24 Item 08• 8
CITY OF CHULA VISTA ITEM N0.
' COUNCIL AGENDA STATEMENT FOR MEETING OF: 8/2x/76
ITEM TITLE: Resolution#8298: Approving Agreement for Removal of Temporary
Improvements in Entrada Place and Construction of Permanent
Improvements in South Bay Villas Subdivision
SUBMITTED BY~ City Attorney
ITEM EXPLANATION
A condition of the tentative map of South Bay Villas Subdivision
was a requirement for guarantees for the removal of certain temporary
improvements on Entrada Place, and the construction at some future
date, of permanent improvements.
In order to guarantee such removal and replacement of permanent
improvements, a bond in the amount of $9,000 has been deposited
by the Shattuck Construction Company. The new developer, South
Bay Villas, now wishes to execute an agreement guaranteeing con-
struction of permanent improvements, and will post a bond in the
sum of $9,000, replacing the bond heretofore deposited by Shattuck
Construction Company.
Said agreement is ready for Council approval.
EXHIBITS ATTACHED
Agreement X Resolution X Ordinance Plat Other
Environmental Document; Attached Submitted on
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/ COMMISSION RECOMMENDATION
COUNCIL ACTION
APi'ROV~D
by the
Gil; Council
~~-y
Calitor~ia
- - V ...
~- ~..
Form A-113 (Rev. 5 - 75)
• 1 ` I ~ r~ ~
. -
U N I T E D C A L I F O R N I A B A N K
REAL ESTnTE LOAN DEFARlMFNI 600 SC~U1fl SPRING STREET LOS ANGCI_F S, CALIFORNIA
Hi 41lN:nf`~'Pl~., HP~ >',7~n A~: I.IfG Cnl i~ v n,i..
September 28, 197b
The City of Chula Vista
Civic Center
276 Fourth Avenue
Chula Vista, Cali.forni.a 92010
Gentlemen:
Upon recording, we will establish an irrevocable Conunitment of Funds
in your favor for the account of Clarence E, Mannerly, d.b.a. South
Bay Villas for an amount not to exceed in :_iggr.egate 9,000.00
which amount shall be designated by the City of Chula Vista as an
improvement security for the following purposes:
A,• Improvement security given for the faithful performance
of that certain agreement by and between the City of
Chula Vista and Clarence E. Mannerly, d.b.a. South Bay
Villas, in the sum of $ 9,000.00 this amount being
the total estimated cost of the special agreement.
Said amount is available for payment as stipulated herein,
1. For payments of invoices signed by contractor covering
subdivision improvements in and adjacent to South Bay
Villas, Said invoices must be approved for payment by
Clarence E. r[innerly, d.b.a, South Bay Villas, and the
payment of these invoices so approved will be made as
follows:
a, 90% of the amount of the work certified to have
been completed by the City Engineer as described
under Item 1.-a-. (2) below will be paid provided
the contractor's invoices approved as stated above
are accompanied by:
(1) Contractor's lien releases, and
(2) Certificate of Acceptance issued by the City
Engineer certifying the completion and acceptance
of the work covered by said invoice. This
Certificate of Acceptance does not constitute
approval or acceptance by the City Council of
the City of Chula Vista of the wortc done,
b• The remaining unpaid balance of the value of the
Er:.Rf ..' s». +tt-:i^.'~ .;ail
FUti';7.11f, ,, ~.LL;_Y L?i'~'I`~iC .
77i~i0 t,!iL~~li:F+.~.. T ~'~ iiE_C r
FOiJfl,';It. . t'~LLE , G,LIf-UN~~;fA _i27u i
Novc~mbe r 2 , 19 7G
l~"t LEPHQNC. (71 "~~`'61-711 7
City of ChuI.a ~~:i.sta
Civic Center/ Cj ty Clerk
4th :,ncl "F" Streets ,
Chula Vista, C:3. 92010 ''' `~S
,; ,~
,~ Y ~ r
P.e: Subdivision Improven.ert bonds ~k2591~359 & ~i2591864
South Bay Villas
Shattuck Construction Company
Gentlemen;
Concerning the above mentioned bonds, we have been notified by
Mr. J.R. Shattuckt, President of Shattuck Construction Company,
that South Bay Villas sub-division h.:s been sold. 'L`he new sub-
divider will be placing their own bonds.
Since these bonds are no lonner needed, would you return the
original bonds that were fi1.~d witt-i ycru to our co~~pany. Upon
receipt of the bands, we will cancel accordingly.
Thank you for your help in this matter!
Very truly yours,
SAFECO INSURANCE COriPA'IY OF AMERICA
. ~ .
Lavonnia Masers
Surety Dept.
R~f~CG?~ ii.f~l
.,, ~ ~
c'~ n {--,
~ -,Z ~ 4..,
)
_-~ ~ .
~
~~ r
~
-
-
.
:
_
-- ~
::; .
.
-
-~, ~ ;
~
-~ ~
~ :.
~i
^K• '.
UNITED CALIFORNIA.E3ANK - page Two
The City'of Chula Vista
Chula Vista, California 92010
September 28, 1976
b. (con't.) work. completed, as certified by the City
Engineer, by the Certificates of Acceptance
presented to us, together with invoices and
contractor's lien releases as specified above and
as certified by the City Engineer, will he paid
to contractor when United California Bank receives,
in addition to the documents requested above, a
certified copy of the resolution of the Council
of the City of Chula Vista by which the City of
Chula Vista accepts the work covered by all of
said invoices; provided, however, that the amount
available under this commitment has not been
previously exhausted by payment in full to the
City of Chula Vista as stipulated under Item 2
of this Commitment of Funds.
2, In the event Clarence E, Minnerly, d,b.a, South Bay
Villas, fails to complete and pay for said improvements
and upon receipt of a letter from the City of Chula Vista
addressed to United California Bank stating that the work
has not been performed as agreed, and accompanied by the
resolution of default adopted by the Council of the City
of Chula Vista, all funds remaining in said impound
account shall be immediately available to the City of
Chula Vista to complete and pay for the costs of said
improvements, The City of Chula Vista shall not in any
way be obligated to repay said funds so used,
This Commitment of Funds expires April 1, 1978, unless previously exhausted by
payment in full of the amount available under Item A of this credit, as provided
under Item 1 or Item 2 above in the aggregate sum of $9,000.00.
We hereby agree to make payment as specified above, provided you deliver to us,
on or before February 1, 1978, the documents complying with the above-stipulated
terms and conditions.
Very truly yours,
by:
UNITED CALIFORNIA BANK
by ; ~s f~ ..~!-~-~.Lc~..t.w
l4ssisfant Vice-President
Approved as to form by
George Dye Lindberg, City Att
d.b.a. South Bay Villas
October 8, 1976
South Say Villas
6151 Century Blvd., Suite 1104
Los Angeles, CA 90045
You will find enclosed a certified copy of Resolution 8298
approved by the City Council on August 24, 1976. The
resolution approves the agreement between the City and
Clarence E. Minnerly, dba South Bay Villas, for the removal
of temporary improvements and construction of permanent
improvements in South Bay Villas.
Jennie M. Fulasz, CMC
City Glerk
Reso. 8298 enclosed