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HomeMy WebLinkAboutReso 1972-6577Form No. 352 Rev. 11-67 RESOLUTION N0. 6577 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN RANCHO RIOS SUBDIVISION, UNIT NO. 5 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,RANCHO RIOS DEVELOPERS, a limited partnership dated the 24th day of _ Auciust 19 72, for the completion of improvements in that certain subdivision known as RANCHO RIOS, UNIT NO. 5, 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 t by Lane F. Cole, Director of Public George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the-CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 5th , day of September 1972 by the following vote, to-wit: ' AYES : Councilmen SCOTT, HOBEL, HAMILTON, HYDE NAYES: Councilmen NONE ABSENT: Councilmen EGDAHL i .~-- ~ _ i Mayor of the ATTEST ~ ~~ ~<<~ ~,) ~. _~ City Clerk ~: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) i ity ~of Chula ~_ ~~: , I~ , City Clerk of Vista, California, D0 HEREBY CERTIFY that the above is correct copy of Resolution No. _ _ , and that the amended or repealed. DATED ~_ ~~~~~~~~~ the City of Chula a full, true and same has not been City Clerk SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and August , 19~, by and municipal corporation, hereinafter DEVELOPERS, 3910 Chapman Street, S a limited partnership, hereinafter called "Subdivider"; entered into this 24 day of between THE CITY OF CHULA VISTA, a called "City", and RANCHO RIOS uite B, San Diego, California 92110, 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 RANCHO RIOS UNIT NO. 5 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, apex°oval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vi"sta, 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. wixh City, secured by an approved improvement security to insure the performance of said work pursuant to the require- ments of Chapter 28 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,%or 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 recordatLor~ of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and com- plete, at Subdivider'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 anal conditions, as con- tained in Resolution No. 6249, approved on ~:.he 26th day of October 1.971, 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. 72-129D through 72-134D~ on 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 h.as been sub- mitted and approved by the City, in the amount of FORTY SEVEN THOUSAND, THREE HUNDRED FORTY DOLLARS AND NO CENTS ($47,340.00), and 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, ~"T T.S MUTUALLY (JNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements of the tentative map ~e~~;;lution; to do aril ~:~er~~rm or ca~.,se to be done and performed, at its c~wr~ expense, without uu~:: .~~, ~;'ity, in a good and workmanlike manner, render the d~.recton and ~~, the satisfaction and .---~, i~~~~ -~ ` `/ approval of the D~_rect~°.:~r of Public Works, all of the public improvement and;/ar land development ~~ork required to be done in and adjoining said subdivision; and wsAll furnish the necessary materials therefor, all in strict conformity and ire accordance with the plans and specifications, which documents have heretofore been filed in the Office of the Director of Public Works ar..d by tY~.is reference are irdcorporated 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 gave not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished aY~d ali improvements re- quired under the provisions of this contract to be done on or before the first anniversary date of the recordation of the map of said sub- division. 4. It is expressly understocd 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 ire writing the completion of said public improvements or the portion thereof ser~ra.ng 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 TWENTY THREE THOUSAND, SIX HUNDRED TWENTY DOLLARS AND NO CENTS ($23,620.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "E.xhibit R" and made a part hereof . 7. 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 TWENTY THREE THOUSAND, SIX HUNDRED TWENTY DOLLARS AND NO CENTS ($23,620.00), to secure the payment of material and labor in connection with the instal- lation of said public improvements, which securi*_-y 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 sum of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ( $ 2 , 5 0 0 .0 0) , t.o secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereof.. 9, It is further agreed that if the public improvements are not completed w~_thin tY°,e time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improveme~~its w ~-:hir said subdivi ion ~.n accordance with the specifications ccr:tained ~.ereinm Upon certification of completion by the Director of Public Works and acceptance of said work by City, and after certification by the :Director o.f Finance. that- all casts hereof are fully paid, the while amount, or arl~~ cart. `.'_;;-t-,c-~~: nay. required for payment thereof, may be r ~_~1,~a:~e;? to SiabdvdF•z ~_r ~i~s successors in interest, purs~.~ant to the terms of the ry_mpro<<?men'~ 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 Chapter 28 of the Chula Vista City Code, 11. It is further understood and agreed by Subdivider that any engineering costs fi.ncludng 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 cost 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 cr 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 paragraph. 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 Gity, 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, Gity shall be entitled to a reasonable sum as attorney°s fees. IN WITNESS 6~7HEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA s ..,~2z~'.~ F. :-- ~~ ~~ ~~~ ~`~ PIayor of--the City of Chula. V.s (~ ~ ATTEST,~,o~~., ~.i , ~//7 l ~.. ~~ ~ , ty Clerk i SUBDIVIDER: RANCHO RIOS DEVELOPERS, a limited partnership `~ - By: Th dmark Company n al Fartner ~~. By : -. By ; e mar rest en ~'-"° Appproved as to lT Attach Notary Acknow~iedgment here. ~, ~,~ City Attorney ~~~ ~~ 3 _ __.__ w ,. __ LIST OF EXHIBITS Exhibit "A" Estimate of Cost of Monuments Exhibit "B" Improvement Security - Faithful Performance: Form: Amo un ~ : Exhibit "C" Improvement Security - Material and Labor: Form: Amount Exhibit "D" Improvement Security - Monuments: Form: Amount.: Securities approve~as to form and amount by - ~ Lam/ City Attorney Improvement Completion Date: One year from date of Council Resolution approving Subdivision Improvement Agreement. STATF. OF CALIFORNIA COUNTY OF_~_an Dle~;o SS. Qn 25 August 72 ,before me, the undersigned, ~, a '" ° a Notary Public in and for said County and State, personally ~ N ~ appeared 'l'ed P Odmark ,known to me to a be the President, and ,known N ~ to me to be the_ Secretary of N 5 The QdT11r1r1~_CQlll}1 the corporation that a executed the within instrument and nown tome to be the persons ci who executed the within instrument on behalf of said corporation, g said corporation being known to me to be one of the partners of ~ _ Rancho Rios Developers, the limited ~ partnership that executed the within instrument, and acknowledged to me that s ch corporation executed t same as such partner and that s' h a `'tnership execut he sa v; C'S ~ N n - y KATHRYN C. NEAL Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP {'" gyp` 0 =~-~` ~'....- -. '. ,~ ~ `"" ~~ K"TI~R'YN ( i~EAL "d¢>4. a~ UC'lAR".~U6~..~~ iFCC<rd~A aa~~~ yaw D' '~(' U!VTY ~~,F°uN~ wlyCor:,~iiseionExr:ires:~ane11,1974 3773 Ward Rd.,~ Ste 6, San n",• `:?.i+. ~1?". G' f ~5~~ iEt3~~~~ ENGIMEERtNG COfOAPANY I ANDCIVGLDENGIINEAERS 5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110 T E L E P H O N E A R E A C O D E 7 1 4 2 9 1 0 7 0 7 ~~ I. . f August 8, 1972 Office of the City Engineer City of Chula Vista City Administration Building Chula Vista, California Attention: Subdivision Control Engineer RE: RANCHO RIOS UNIT #5 Dear Sir: In compliance with the amendment to Sections 11566 and 11592 of the State Business and Professional Code re- quiring the Subdivider to furnish to the City a bond guarantying payment of cost of setting final monuments; and your requirements for the surveyor or engineer signing the subdivision map to furnish an estimate of cost for setting said monuments, I hereby estimate the cost for setting the final monuments on subject subdivision to be $2,500.00. Sincerely, William B. Rick R.C.E. 9416 , Engineer of Work WBR:lb !c_-: . l . S7o9.o0 Bond # 40211 BOND FOR FA? lIIFUL PEPFOPS4ANCE KNOF1 11I,L P•".EN BY THESE PRESEN'1'S, That ~r%t~Te RANCHO RIOS DEVELOPERS, A Limited Partn -sh i p~ Principal, and Houston General Insurance Company as Surety, are held and firmly bound unto the City of Chula Vista, State of California, in the sum of FORTY SEVEN THOUSAND TWO HUNDRED FORTY ~ NO/100-------- (~ 47,240.00----- } lawful money of the United States, for the payment of which sum, ~~~ell and. truly to be made, we bind curselv~s, -iointly and severally, firmly by these presents. The condition of the foregoing obligation is s:.~ch that whereas said Principal(s) has-have entered into or is-are about to enter into the annexed contract caith thf~ City of Chula Vista, pursuant to the authority of an act of the legislature of the State of Cal.--lfc~^rlia, approved P.r:ri1. 13, 1943, known as the "Subdivision I~Sap t;ct" (Chapter 2, Part 2, Division 4, Business and Professions Code) and aiZy amendments therete, for the grading and surfac:~ing of streets and. the construction of curbs, si~?ewalks and gutters and s veers , and other i.mp:roverlents , all as shown cn the improvement plans for Playmor Chula Vista Unit # 5 ~~~hich improve,,~ent plans are on file in the office of the City Engineer of the City of Cl:ula Vista, and the paymen!~ th~_ efor by Principal (s) and; whereas the Principal (s} is-are required by said City to crive this bond in con- nection with the execution of said contract; NOL~~, THEREFORE, if said Principal, as Contractor in the contract hereto annexed, shall faithfully ~~erform each and all of the conditions of said contract to be performed by 11in1, and shall -furnish all tools, equipment, apparatus, facilities, transportatiotZ, labor, and materials, other than material, if any, agreed to be ft-.rnished. b_y the City, neces- sary to perform and complete and to oerform and complete in a good and workmanlike manner the work of Playmor hula yid Unit_ # 5 in strict conformity oJith the forms and cenditions ;met forth in the con- tract hereto annexed, and shall pay o.r cause to he paid, all persons who perform labor for, or_ furnish materials to said contractor., or to any sub-contractor, in the exec'.~tion of said contract, then this obligation sha]_1 kae null and void - otherwise to remain in Lu11_ force anal effect; and the Surety, fox value received, hereby sti.~.>ulates and agrees that no • change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompan>inq the same, s:null in a.ny wise affe:_t its obligations cn this ' bone'., and it does hereby waive notice of any :such change, extension of time, alteration or addition to the terms of `he contract or to the ~~:ork or to the spec ifi_cations. Signed, Sealed and dated 24th of August ,1972• echo Rio~Q~.~~lQ,pers, a limited partnership HOUSTON GENERAL INSURANCE COMPANY By: Th~~ Odmark Company- general Partner ____ __ __ ,-, /! . ''~~~ Contractor Ted P. Odmark, President APPP,OVLD AS `. _. / y r y.,~l~f~.~ : `~~ '-' ~,~.~'jiCi~Z./~~",~_ ~' ~ 2 :rte j. Ci.. ty At.torn~~y I' ~~. -~ F ° 3 4 B Y : ---~~ a O~~vc2z._n~~ 'c..~c, D. LAWRENCE LANGLEY ATTORN -I FACT Surety ~~5~ 7 Acknowledgment -Attorney in Fact STATE OF CALIFORNIA COUNTY OF San C i eo ~ SS. M-7 On 24th Of /~UgUSt 197 ,before me, the undersigned a Notary Public in and for the said County and State, personally appeared J. Laerence Langley ___ - .._ -- - known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of _HOUSTON GEP:E°~/1L I rlSt;RArJCL BDfiRR COMPANY -and acknowledged to me that_he subscribed the name of tiOUSTOrd GENERAL I ~asUJiE1.NCE: C0~1PA~JY thereto as principal and h i $ own name as Attorney-in-Fact. IN-~NITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Notary Seal certificate first above written. ~~~ ;~t»:~S»•'~". OFftUAI SEAL ~ CAROL .fOHNSON Y; NOTARY PUBLIC - CAl1FORN1, • PRINCIPA4 OFFICE IN i• ~,~ / S¢T1 QiEGO COUNTY Notary Public in and for said County and State ~~ ~,N~;;~ ~Rpires June 24, 1975 .!_LLV l t)F X11 D10gQ ___ _ ~ SS. 24 AUg'l1St 72 _, before me, the undersi€ned, +; ~~~ ~ Pubb: rr, ano for card County and State, personally "• ~gCJ. ~, ~~l~a.~~ _. __._ known to me to Nn w,lent anu _ -- _ ._---- -__-, known ,~, ~~ ~ t:, Secretary of ___ ____ 1 'l' tJci111u Ck CO1Tl~a.11~7 ___ ,the corporation that ~••~~:•:: u~, ~ut.,n ura~umrnt and known to me to ire the persons whu ~•a, :t„r tirr wrthui instrument nn behalf of said corporation, sau. cr. :, ,:nut: t,rrn~ kn:,wu to me to be one of the partners of _Ra.r..-nc, Rios. ~etie~Qpers__,__a Limited urts:,•r,n~ u~at Pse, uteri the within instrument, and acknowledged r• -~:: the .r,• r. corporation executed tb same such partner and .I,ur , r "ra tnershrp execut he a e. .~ KATHRY~ C. MEAL NamN lTyped or Printed) Notary f'ubli, in and for said County and State FOR NOTARY SEAL OR STAMP of ,,~ ~`)FF T' r ~ T Sr.:~~L ~~..~ R~ K,ATNR'YN C. MEAL " to ^) J;!TARY PUBJ~-LA~IFORNIA %~ a4% SAN l)~EG~ (:OUNTY C'aCri+O_`N~P MI Commiss:cn E~;;,ices June 11,1974 3773 Warms R~ Ste. 6 Sar ~ict~o. Calif. 92116 __ _ __ ~^3g•00 Bond # 40212• SUP.VE1' MONLIMI;NT INSTALLATION ?30ND KNOW ALL M.?.N BY TIiI~SL. PI'~FSENTS, That I/We RANCHO RIOS DEVELOPERS, A Limited Partner- ship as the subdivider and Principal , and the HOUSTON GENERAL INSURANCE COMPANY a Corporation of the State of TEXAS 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 t}le benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of TWO THOUSAND FIVE HUNDRED ~ NO/100----- ($ 2,500.00 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. WHE}ZEAS, the said Principal is presently engaged in subdividing certain lands to be known as PLAYMOR CHULA VISTA UNIT #~_subdivision in the City of Chula Visl:a, in accordance with the Contract for Completion of Improvements authorized by resolution and WHEREAS, the said Principal desires not to set durable monuments pi-.ior to the recordation of the final map of the subdivision and desires to get same at a later date, r10~~7, THEREFOP.E, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by (name of as per the final map of said subdivision, a copy of Engineer) which i_s 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 Cllula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days followincr co~npletion and acceptance of public improvements within said subdivision, t en the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHiREUF, the said Principal and Surety have h~r.eunto set their hands, this 24 day of August -; 19 72 ~ BA,~Th Rb S DEV OPE~tS A~imite~dPPartnership y• e ar o~-npan~y, enera arf ~~ncipal ) r- ' ---s~-~-----~, __ PPROVE 11S ~'~I'01~~[• Ted P O mark President Z H 0 G 1' T C/ Attorney-in-F t • .City Attorney ~ D. Lawrence Langley Pt,r--I,- 3 ~~ ~~ ~" ~ ~ '~5fATF, OF CALIFORNIA COUNTY OF_- Sari l~leg0 ~ SS. a r On 24 Au st 72 ,, ~ -- ----~- -----, before me, the undersigned, a Notary Public in and for said County and State, personally appeared _~ed_~ C~rimark -_ -_, known to me to he the -President, and_____ _, known to me to be the__ - Secretary of ThP (lrlm~~-~ ,the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Rancho R_i_os Developers, the limited ~ partnership hat ex cuted the within instrume 't, and acknowledged to me that uc orporation execu the s me as s ch partner and at such p rtr ership executed e'sa ' , ~ ~~. a -- - 0 _K_ ATHRY_C. NEAL Name (Typed or Printed) Notary Public in and for said County and State Acknowledgment -Attorney in Fact FOR NOTARY SEAL OR STAMP ~rrT(` <~'x °° ti r ^_ _IAI SEAL a KATHRYN C. HEAL W°m '" ~o NOTARI'PUBLIC-CALIFORNIA ' °a~~F~-a P SAN DIEGO COUNTY My Commission ExpiresJune 11,1974 3773 Ward Rd. , Ste. 6, San Diego, Calif. 9?' On 24th of August , 1972 ,before me, the undersigned a Notary Public in and for the said County and State, personally appeared D. Lawrence Langley ------- -- known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of HOUSTON- 6H8R GENERAL 1 NSURANCE COMPANY and acknowledged to me that_he subscribed the name of HOUSTON GENERAL INSURANCE COMPANY - - thereto as principal and h I S own name as Attorney-in-Fact. STATE OF CALIFORNIA COUNTY OF SS. San Diego IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~1 M-7 I Notary Public in and for said County and State Notarv Seal oFF;~IAI SEAL CAROL JOHNSON Ngir.:Y PUBLIC • CALIFORNIA ~~"~ ~ FrtihlCIFAL OFFICE IN ~~~•~ ~~ SAN DIEGO COUNTY ~It~ ~~rrissian Expires June 24,.1975 - - - - - -- --.y. . BOND FOR MATEP.IAL AND LABOR KNOW ALL MEN BY THESE PRESENTS, That I/6VeRANCHO RIOS DEVELOPERS. A Limited Partnersh the contractor in the contract hereto annexed, as Principal, and HAi~~TON GFSIERAL I N$~JRANCE COMPANY as Surety , are held and firmly bound unto the CITY OF CIIULA VISTA, a municipal corporation, located in San Diego County, California, in the sum of TWENTY-THREE THOUSAND SIX HUNDRED TWENTY ~ NO/100----------------- ($23,620.00--------) , lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated August 24, 1972 The condition of the above obligation is that if said Principa]_, as contrractor_ in the contract hereto annexed, or his or its subccnt;-actor, fails to pay for any material., provisions, provender, or teams, used in, upon, for or about the performance of the work contracted to be done by said contractor, namely, to furnish all tools, equipment, apparatus, facilities, transportation, labor, and material, other than material, if any, agreed to be furnished by the City, necessary to perform and complete and to perform and complete in a goad and workmanlike manner, the work of: Playmor Chula Vista Unit #5 i.n stricr conformance with the terms and conditions set fortr. in the con- tract hereto annexed, or for any work or labor done thereon of any kind, said Surety will iaay the same in an amount not exceedinc7 the su*ri herein- above set forth and al-so, in case suit is brought upon this bond, a reasonable attorney f_ee to be fixed by the courts. This bond shall inure to the benefit of any and all persons, compar,.i.es, and corporations entitled to file claims under and }-:~y virtue of the provisions of an act of the Legislature or thz State of California entitled "An Act to Secure the Payment of the Claims of Persons Employed by Contractors upon Public Works, and the C.lai.ms of Persons who Furnished Materials, Supplies, Tean-~s, Implements or a4achinery Used or Consumed by such Contractors, in ' tho Performance of Such Wor}cs , and Pr_escribinc~ t}~e Duties of Certain Public Officers ~•~ith Respect Thereto , " approved Play 1.0 , 1919 , as amc,nded; and the'~said Surety for value received hereby stipulates and agrees that r~o change, extension o~ time, alteration or addition to the terms of the contr~~c,t or to the ~~*ork to be performed thereu:~der, or the specifications ar.cc,-rz~panying the same, s}-iall in any wise affect its obligations on this ~onc'.-, and it does hereby waive notice of any such changes , e~:tE:riSlon of rime, alteration or addition to the terms of the contract or to the work ~ .or to the specifications. ;CHO RIOS DEVELOPERS, A Limited Partnership HOUSTON GENERAL INSURANCE COMPANY sy: The Odmark Company ,..--funeral Partner .. ~" c. - ~ ,~._-_.__ Contractor Ted P. Od rk,,,,~r \sid$irt -~ Ib~'Y'f20VED ATQ:" FORieI-:~ ~, ~- ~ _ ti ~ ,, ": D. LAWRENCE LANGLEY ATTU EY- -FACT Surety ____ PW-E-34 ~~s ~~ ~r lrF IAi.lf^'i1K\11 •, , ~ ,,,.~ San Die o ss. 24 AU~11St 72 _._ before me, the undersigned. ~ . ,.uu~ ~,. .~n11 for said County and State, personally "rc Ted i • Udrilark-._-_ _., known to me to 'n~sufent and____ __ ,known ~~~ _Secretary of ll.•~,.~.i h ~;0111p111~ _ ___, the corpm-ation that ~~ ~I~.,I „-ilunuvit and known to me to be the persons ~~ . VIII, , lu.trurnent on behalf of said corporation, ~~ ~ ~ ~,~,, ,+ ~I,uHn to me to be one of the partners of nut., . ~, ~ioa Jevelop_ers, the limited ~ I. Ir„~'1'. ~~ ~ ~ l~~S .he within instrument, and acknowledged c. ma an ,I, r i ,u. anon executed a sa a as su partner dui tba~ ,, i. , ,e :hll, executed th same. . -~ - ~~~, ~. I I ~ ~V. l - e ~ -_ _ KATHRYN C. NEA.L '\ann~ ~ (Typed or Printed) \otarv Nuhlic in and for said County and State M-7 Acknowledgment -Attorney in Fact FOR NOTARY SEAL OR STAMP H of t OT y- L _ ~ ~ .. - ~ ~~,pe„ ~ ,~,AL ><c,7~ ~ 'dEAL tID ~" ^` w ~rA Ei,i :_'tiLIFOPtNIA ~,t~ ~.I C'OUNTY i °4u oaN~ ~ i ~`~ I ~t piteSltlne11,1974 ~~ 3773 Wart Rd , Stt; ~ llie~o C Ial f. 92116 On 24th of August i9 72, before me, the undersigned a Notary Public in and for the said County and State, personally appeared D. Lawrence Langley -- - _- -.- _- _ known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of HOUSTON GENERAL _I NSURANCE COMPANY _ ____- ___ _-_ __- _- and acknowledged to me thathe subscribed the name of HOUSTON GENERAL INSURANCE COMPANY thereto as principal and h~~own name as Attorney-in-Fact. STATE OF CALIFORNIA COUNTY OF San Diego ss. IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writ:' :: ~ Notary Public in and for said County and State IVVIAIY JC41 O'rFIC1AL SEAL CAROL JOHNSON NOTAFT PUBLIC • CAL1fORN1A ~' P2INCIPAL OFFICE IN `:AN DIEGO COUNTY My Commission Expires June 24, 1915 O C.c~ty A~tx.c,•~,,ey: Pf.ea~e h~nepan.e .the. nece~~a~y Ine~sv~u~:-_ov~~ nn la2dtinaac~~~. Staff Commentary on Agenda Item No. CIIU'LA VISi:F~ CITY COUidCIL MEETING UP' September 5, 1972 Item Title: Resolution - Approving Subdivision Agreement for Rancho F.ios Subdivision, Unit #5 Initiated by: llirectoa- of Public tiNorks/City Engineer Attached is a copy of Resolution ~ ) Ordinance I ".~.re.^r~o~y ~ ) Plat Background: Ranc3io Rios Developers have completed all the requirements imposed by the Planning Commission and City Council for the recordation of a final map of Rancho Rios Subdivision, Unit No. 5, except the construction of Main Street relief trunk sewer and the improvement of Main Street. They have paid all required fees, posted. all necessary bonds, and. have completed their portion of the subdivision improvement agreement. It is recommended that the Council authorize the Mayor to execute the agreement on behalf of the City upon the completion of the conditions imposed for the approval of the final map of Rancho Rios Subdivision, Unit No. 1. Financial Statement: Not applicable. Commission-Board Recommendation Not applicable. See EXHIBITS ~ ] No. Department Head Recommendation: Recommends approval of agreement upon completion of the conditions imposed with the approval of the final map of City Manager Rancho Rios, Unit No, 5. Recommendation: A- ~ 1 5 iSend uni cuyay ~.u: Adm~.n~.o.t2afiti~n; C.cxy Ck.e2k; Cti.ty A.~-~a2~2~f~; Dt.~.,t. ~ ~..- ._ ~? ~ ~_,