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HomeMy WebLinkAboutReso 1975-7690P~eas~ Return To: ~ ~.. ful::sz, City Clerk cn;i~u ~•- 1';87 Ci,~3:z '~%is`a, C:=ui:~rnia 920i'3 1146 RESOLUZ'I.ON NO. 7690 __ _ ,~- Form No. 3~2 Rev, 3/7~ RESOLUTION OF TILE CITY COUNCIL OF TIIE CITY Ur CIIULA VISTA, APPROVING AGFEEMENT BETWEEN TI.E CITY OF CIIULA VISTA AND HART & SONS FOR THE DEFERRAL OF THE INSTALLATION OF PUBLIC Ib1PROVEMENTS FOR PROPERTY LOCATED AT 33 THIRD AVENUE AND ACCEPTANCE OF FAITHFUL PERFORMANCE BOND AND AUTIIORIZING TIIE MAYOR 'TO EYECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve. as folloc~as: NOW, THEREFORE, BE II' RESOLVED that that certain agreement between THE CITY OF CIIULA VISTA, a municipal corporation, and HART AND SONS, for the deferral of the installation of public improve- ments for property located at 33 Third Avenue, and acceptance of faithful performance bind dated the 26th day of March 197_, 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 Approved as to form by ,~, _.. ' ~ yJ m George``D. Lindberg, City Attorney George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CF'ULA VISTA, CALIFORNIA, this lst day of April ,.1975 , by the following vote, to-wit: AYES: Councilmen llyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ATTES'T' /s/ Jennie M. Fulasz itv Clerx /s/ Thomas D. Hamilton, Jr. Ptiayor of the ~:ity of Chula Vista STATE OF` CALIFORNIA) COUN^tY OF SAN DIEGO) ss. C1TY ~F CIIULA VIS?'tl) " , , L' JENNIE P,4. FULASZ _ ;City Clerk of the City of Chula Vista., C'alif~~rnia, DO I,ERl'I3Y CER1'1FY that the above i.s a full, true anc~ cc~rrecrt co~:~y of Resolution Iv'o. 7690 alLd that thc~ same has nod Ueon amen~?.ed car rc~noaled. DA'T'F',D l~pri ~, 1975 Cit. Clerk ~ "71~n • TO 4~7 CA ,..gat ~~L}8 ~ TITLE INSURANCE (Individual) r~.~~ ~ AND TRUST STATE OF CALIFORNIA ATIWNCOMPANY SS. - COLINTX OF San Tai Pg~ JJ On March 26, 1975 __ ___ hclore mc, the undcrsi~ned, a Notary PuLlic in and (nr said State, personally appeared ' Pat Hart a w x ~ ,known to me ! a 1 < to Lc the person _ _ whose narne_ 1 S subscrilxd a to the within instrurncnt and ncknowlcd{;ed that he _ ."..~. "a~m~®~ .~.... ...."i executed the some. ~ OFFICIAL SEAL WITNESS my head and official seal. ~ .;~.,'~~ i.ORtZ.41NE A. KRAKER. ~ ' ~ -':, i o =~~ S, N:aary Public -California ~ 'y Signaturi~~"~```~r`~ ~ ' ~~~ ~ ~%~~ SAN DIEGO COUNTY ~ ~ 1976 ~ -~ Commission Ex fires June 12, Lorraine A. Kraker iL~"Z"""""'""~"""""""~"~~~! ~-. \ ~ " ;r Name (Typed or Yrintcd) ~N /r' ~, }" ~ ~1.~~~ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO PROPERTY OWNED BY HART AND SONS, LOCATED AT 33 THIRD AVENUE IN THE CITY OF CHULA VISTA AND ACCEPTANCE OF FAITHFUL PERFORMANCE BOND THIS AGREEMENT, made and entered into this 26th day of March , 1975, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and HART AND SONS, 33 Third Avenue, Chula Vista, California 92010, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, as a condition of approval of Tentative Map 5-74, the Property Owners are required to improve the street right of way adjacent to said Parcels 1 and 2, to be created by said tentative parcel map, and WHEREAS, it is desired by Property Owners to defer the installation of said improvements for a period of six (6) months. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree to install the improvements in 33 Third Avenue (Tax Parcel Numbers and 566-010-42) in the City of Chula Vista: 6" Curb and Gutter, 296.93 L.F. @ $4.00 = Sidewalk, 1484.65 S.F., @ $1.00 = Driveway, 447 S.F., @ $1.20 = A.C. removal, 341.93 S.F., @ $0.12 = A.C. Berm removal, 341.93 L.F. @ $1.00 = 5' A.C. Overlay, 1709.65 S.F. @ $0.15 = Construction staking, 10~ of job following 566-010-37 Sub Total Contingencies TOTAL $1,187.72 1,484.65 536.40 41.03 341.93 256.45 500.00 $4,348.18 651.82 5,000.00 2. Property Owners have deposited with the City of Chula Vista a faithful performance bond in the amount of FIVE THOUSAND DOLLARS AND NO/CENTS ($5,000.00) to secure said improvements, the condition of said bond being that if Property Owners have not in- stalled said improvements six (6) months from the date of execution of this agreement, that City is authorized to cause said improvements to be installed and to utilize necessary funds from the security as deposited. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA .~ ~:` '~ Mayor of-~ the City of Chula Vi to ATTESTS " rl /< <,~ ~ ~ ,x,11 ~ ~<i~ ! lt'~ ~' City Clerk ~~ i:- PROPERTY OWNERS: ~--y ~/ Approved as , tom, f.©.rm b~ r' 'a City Attorney (Attach Notary Acknowledgment) =il:/PAGE N0. (`~'-~~~Sa7~ BOOK 197 ECORDED REQUEST OF /I ;~-:~~__ CIT( CLERK ~F~ 7 IO 36 aM ~"r5 OFFICI: L ~:EC!:!~DS SAN DIEGO COON Y. CALIF. >,~a~ j ~.~~ RAREFY r. i.00M RECOFuE~~ State of California County of San Diego ~ ss: On MARCH 11, 1975 ,before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared JOHN L. HF:NNUM known to me to be Attorney-in-Fact of the corporation described in and that execuedi`the w thFl~aN D foNegoq~inErum ntP, and known to me to be the the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed theosame.uted IN WITNESS WHEREOF, I have hereunto set my Jzand and_affixed my official seal, thg da and i - / Y year stated in this certificate above. ~ aa,e. ~E~L r" My Commission Expires =~' ' ' ~~ ~ ~~~(' i F ... t L p<r;CE I~ 360212-6-66 ~ ~~'--~ ..1iJ C:..,_;~~ CO;,°N#Y r,':y Commission Ex;~ire, Oct. 9, '~ Notary Public .f~~, / ~, BOND N0, i30 57 '~8 , •SURE'TY BOND OF FAITHFUL PERFORnIA~fCE - KNOW ALL 1~1EN BY TI}ESE • PRiSENTS That we HART & SONS partnership a ~~~~~ of CHULA VISTA, CALIFORNIA , as Principal , and FIREMANS FUND INS~I?2ANCE COMPANY Of CALIFORNIA incorporated under the laws of the State of CALIFORNIA a corporation, _, and. duly authorized under the laws of the State of California to act as Surety, are held and firmly bound unto CITY CF CHULA VISTA in the sum of FIVE THOUSAND AND'NO/100---------------------------------------------------------------- ($5 , 000.00) -`-~ lawful money of the United States of America, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, tr.eir heirs, administrators, successors and assigns, jointly- and severally, firmly by these presents. The .condition of the foregoing obligation is such that whereas the above bounden Principal has agreed to provide certain improvements for the property known as TENTATIVE PARCEL MAP N0. 5-74 TENTATIVE MAP in accordance with CONDITIONS OF APPROVAL OF T'HE dated AUGUST 23, 1974 required by the said CITY OF CHUI.A VISTA and is to give a bond to guarantee the performance and the completion of said improvements; NOW, THEREFORI?, if the said Principal shall well and truly perform all the work specified in said agreement, then this obligation shall be null. and void, other- wise to remain in full force and effect. The Surety does hereby cc>nsent to any and all alterations, modifications and re~risions to the Agreement secured by this Pond, including but not limited to any extensions of time for performance whic}i may be agreed upon by and ~;et~veen THE CITY OF CHULA VISTA SIGNED A:ND SEALED r~T SAN -IEGO, CALIFORNIA and the Principal. this 11th day of MARCH APPROVED AS TO FORI~i -_ ,: T ,. "Gec'rgc~Ll in berg, City ~~ttori~.e~' .J 19 7s HART & SONS Name Cow- ompany By ~ /~~~2:c~' r'"~ FIREMAN'S FUND INSURANCE COMPANY Narnc of Bonding Company BY ~~ti ~` L JOHN L. HANNUM, AT'PORTvEY-IN-FACT AND WHEN RECOHDID MAIL i0 ?~+e r9Bt drBes GENERAL POWER OF ATTORNEY FIREMAN'S FUND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City and County of San Francisco, in said State, has made, constituted and appointed, and does by these presents make, constitute and appoint -----JOAN L. I-iANNUM ----- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VII[, Section 30 and 31 of By-laws of FIREMAN'S FUND INSURAI:CE COMPANY adopted on the 19th day of November, 1965, and now in full force and effect. Article VIII, .lypuinhnent and .lufhurilry ui Rraidrnt .lsxiataul $,'errfarira, and .Ilturn,-n-in-Earl and .ItlrnG to atrept Legal Yrucrss and :M1fake .4 yyearancea. Section 30. .1 ppninlnuul. The Chairman of the Board of Directors the President. any Vr~e-President or any otf:er person authorized by the Board of Directors, the Chairman of the Board of Directors. the President or anv Vtce-President. may 1:om time to time. appoint Res;dent Assistant Secretaries and Attorneysan-Fact to represent and act for and on hehalf of it~e Corporation and :-.gems to accept legal pro~es; and mare appo-aranccs for and on be!~.alt of the Corporauon. Section 31 .I ullu,nh,. Tile /'wihority of such Resident Assistant Se-~retar. s Atto:nevsan-Fact and Agenis si~,ail be as prescribed :n the instrument Evidencing their appointment. and any sec:~. apoointmant and al; auth~-ority ~aranted ;.~.er_by may b<, revoked at any- ttmF by' the Board of Dtr~ctors or by any peaon empa'Hered to rnaKe s,:.'r, apcointment. This power of attorney is signed and sealed under and by the authority of the following Resolutior. adopted by the Board oI Directors of FIREMAN"S FUND INSURANCE COMPAPIY at a meeting duly called and held on the 15th day of July. 1966, and that said Resolutior, has not beer. amended or repealed: "RESOLVED. that the signature of any Vice-President, Assistant Secretary and Resident Assistant Secretary of this Corporation, end the seal of this Corporation may be affixed or printed or. any power o1 attorney ,r. ar.y revocation of nny power of attorney, or or. any certificate relating thereto. by facsimile and any power of attorney, any revocation of any power o', attorney cr certificate bearing such facsimile signature or facsimile seal shall be valid ar.d binding upon, the Corporation " IN WITNESS WHEREOF, FIREMAN'S FUND IIISURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 2~_day of Np~zemlael< 19-,~_ ~M/.N's ~ P.e, ~~, :~. y,~~,4)eO qY ~q~~ ~ NcE"~o STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ~ ss. FI AN'S FUNDD IP1Sj~R`:A'`' E COMPANY By .__ _ ~ ~... LAMES H. WELLS, Vtce-President On this2~th__day of_ 1TOVP.tnb2T' __ _ _ ___ 19.3__, before me personally came James H. Wells, to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation. described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporatton ar.d that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ^u~uuuuouuwouuwmnnuoueeeunnnwoe~ H. GRADY NEWBERRY = !~/~ e NOTARY PUBLIC - CALIFOR~JIA = ;/ . cm a courlrr of sari r~taaasco ................................................- ...- ..... ' _..._........._.........._.-......._...._...._...._...._.... ~ H ADY NEWBER .Notary Public Mtr Commisrion Expires Sept. 28, 1976 C ~uooauonunnnawoee°~~~e°Neuuoonumo CERTIFICATE STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force. Signed and sealed at the City and County of San Francisco. Dated the 11th day of MARCH Is15_, ,PAN'S t 40~'.• ~O4~ttiIO 1 ~~ 0 .. ,' OOtli. 'lam, Jj- 2~~. 2E~.t`cv~~ _t ~ 2 G~4NCF'co`~'e~ WINIFRED H. BROWNE, Assistant Secretor 360545 (HO)-FF-1-73 Form No. 342 ~, , . , _ Rev< 3j74 ,, RESOLUTION NO , 7690 RESOLUTION OF' THE CITE' COUNCIL OF THE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN `THE CITY OF CHULA VISTA AND HART & SONS FOR THE DEFERRAL OF THE INSTALLATION OF PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT 33 THIRD AVENUE AND ACCEPTANCE OF FAITHFUL PERFORMANCE BOND AND AUTHORIZING THE MAYOR TO EXECUTE SAID Ai~REEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE I°T RESOLVED that that certain agreement between THE CITY OF HULA VTSTA, a municipal corporation, and HART AND SONS, for the deferral of the installation of public improve- ments for property located at 33 Third Avenue, and acceptance of faithful performance bond dated the 26th day of March 19~~, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedT 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 _ Geor D. Lindberg, City At ney Approved as to form by George 4D . Lindberg, City Atto~rf~ey ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 1st day of Aril ~ 19 75 r by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen ATT None STA _ COUNTY OF SAN DIEGO) CITY OF CfiULA 'VISTA) ss. I~ , City Clerk of the City of Chula Vista, California, DO IiEREBY CERTIFY that the above is a full, true and correct cony of Resolution No. and that the same has not been amended or repealed. DATED ity Clerk