HomeMy WebLinkAboutReso 1972-6548
Form No. 352
Rev. 11-67
RESOLUTION NO. 6548
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
EL RANCHO DEL REY UNIT N0. 2
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, EL RANCHO DEL REY CORPORATION
dated the 28th day of July 19 72 for the completion
of improvements in that certain subdivision known~as
EL RANCHO DEL REY UNIT NO. 2
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 form by
Lane F. Co e, Directo o Pu is George in erg, icy A~ own
Works
ADOPTED AND APPROVED by the -CLTY COUNCIL of
VISTA, CALIFORNIA,. this 8th day of August
following vote, to-wit:
AYES : Councilmen Hob el, Hamilton, Egdahl, Scott
NAYES : Councilmen None
the CITY OF CHULA
_, 19 ~ 2 by the
ABSENT: Councilmen Hyde
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1.
'~ ~~ Mayor of the City of Chula Vista
ATTEST ,~ ,,. ~> ,'
j ~ ~- 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amended or repealed.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
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:~UI,1~a.V1:~1.Oid IT1!'I'i)VI,Pii~;P1'L' ~~t_;I<I,~:FI(;fJP ~~`'
TIlI5 AGRLliMIsNT, made and c~nter_~,d i_n~c~ tllis_!~ ~/~~ day of
1~~~ by and hctween '1'111:; CITY O1' CllUL~~ VIS'T'A, a
munic 1 corporation, hereinafter called "Ci.t~y", and EL RANCHO DEL
REY, CORPORATION, 9777 WILSHIRE BLVD., BEVERLY HILLS, CA. 90212
her~;inafter called "Subdivider";
W I T N E S S E T H
~J~iEREAS, 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 EL RANCHO
DEL REY UNIT NO. 2 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, approval 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 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 reaps 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 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
WIiEREAS, 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 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 and conditions, as con-
tained in Resolution No. 6243, approved on the 26th day of October
1971, 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. 72-91D through 72-98D on file in the Office
of the Director of Public Works, and
~~IFIEREAS, 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 ONE HUNDRED SEVENTY-
TWO THOUSAND, EIGHT HUNDRED FIFTY-TWO DOLLARS, ($172,852)
WHEREAS, the estimated cost as approved by t11e City for the
installation of all monuments is attached hereto, marked "Exhibit A"
and made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS
1. Subdivider agrees to comply with alt of the requirements
of. the tentative map resolution; to do and perform or cause to be done
and performed, at its own expense, without cost to Cit~Y~, in a good and
worl~.manlike manner, under the direction and to the satisfaction and
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ap"proval 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 ir. accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the Director
of Public Works and 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
the first 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 EIGHTY-SIX THOUSAND,
FOUR HUNDRED TWENTY-SIX DOLLARS ($86,426.00)
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 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 EIGHTY-SIX THOUSAND,
FOUR HUNDRED TWENTY-SIX DOLLARS ($86,426.00)
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 sum of SIX THOUSAND FOUR
HUNDRED DOLLARS ($6,400.00)
to 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 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 work 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.
~~
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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 (including 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 deposited
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 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 City, by said
approval, be an insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans.
14. It is further understood that the fees imposed on
the subdivision for temporary sewer connections to the sewer in Otay Lakes
Road are to be used for the future construction of a Rice Canyon Trunk
Sewer.
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15. 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 here
ment to be executed the day and year first hereinabove
THE CITY OF CHULA VISTA
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Mayor o t e ity of C1'
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ATTEST ~ ~., fi
Approved as to form by
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Dula Vista
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SUBDIVIDER: EL
ve caused this agree
forth.
DEL REY
L?% JZS
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George D.7~indberg, City Attorne~"
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Attach Notary Acknowledgment here.
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TO 447 C O
(Individual)
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STATE OF CALIFORNIA ~~ qS
SAN DIEGO
AUgU~ 197 - before me, the undersigned. a Notary Public in and for said
On - __ '
------
State, personally appeared ----
----------------
CITY OF CHULA VISTA~_CALIFORNIA---------"
known to me
whose name- 1S _ subscribed
to he the person _-
~~~ ~~~~. within instrument and acknowledged that- he_ ~
executed the same. i
WITNESS my haftd, and official seal.
Signature - --
PAMELA A. HANNA
Name (Typed or Printed)
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MY ~ -~vtir-M
(This area for official notarial seal)
~i'lvS ~d
LIST OF EXHIBITS
Exhibit "A" Estimate of Cost of Monuments
Exhibit "B" Improvement Security - Faithful Performance:
Form:
Amount:
Exhibit "C" Improvement Security - Material and Labor:
Form:
Amount:
Exhibit "D" Improvement Security - Monuments:
Form:
Amount:
Securities approved as to form and amount by
City Attorney
Improvement Completion Date:
~~s~~'
Bond No. H40317
SUI?VL;Y MONUP•il?NT 7NSTZIL~LATIOIv' BOI:D
xraOw Az,a, tvti;I~ I3Y TII~;sL PRa',SE:IITS, That ~/t,7e_ _E1 Rancho del Rey
as the subdividez- and Princip~~.l_ , and thc~ 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 the benefit
of any and all pF,rsons who may suffer d~in~age by reason of_ the breach of
the conditions hereof , in the penal. sum of Six thousand four hundred dollars
($6,400.00 ) 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 as E1 Rancho del Rey Unit 2 subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improve?~~ents 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,
PdOW, THEREFOP.E, the condition of the above obligation is that i_f the
Principal shall have set durable monuments of the survey by Wi 1 sey & Hom
~~name of
as per tyre final map of said subdivision, a copy of
angineer)
which is on~file witiz 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 accordir_g to the ordinances of tl~e
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
completion and acceptance of public improvements within said subdivision,
then the obligation shall be void, otherwise to remain in full force and
effect.
IN WITNESS WHEREOF, the said Principal and Su y hs.ve hereunto set
their hands, this
27th day of July 19 2
E1 Rancho del Rey ~-
FiPPROVED AS TO FOP~I`i:
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City :1t -ncy
Houston General Insurance Company (su re t~~)
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Schrader, Att-~7~n`'Y-in-3~ act
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STATE OF CALIFORNIA, ~ ay
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COUNTY OF Los Angeles __ L.y,~
ON July 27
before me, the undersigned, a Notary Public in and for said State, personally
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S 9 MARY BUQaGE
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Y,~LLo NOTARY PUBLIC-CALIFORNIA
,~ PRINCIPl1L CFI=ICE IN
c 11ipP~ LCS ANGELES COUNTY
MY Commission Expires lure 23, 1916 Y
I"' I N I n"
Albert Gersten known to me to=ps
President
of the E1 Rancho Del Rey
the Corporation that executed the within Instrument, known to me to be the
executed the within Instrument, on behalf of the Corporation, therein named, and
to me that such Corporation executed the same.
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• Mar Bu e'
NAME (TYPED OR PRINTED)
Notary Public in and for said State.
Acknowledgment -Attorney in Fact
M-7
STATE OF CALIFORNIA
COUNTY OF Los Angeles SS.
On July 27 19 72, before me, the undersigned
a Notary Public in and for the said County and State, personally appeared James Schrader
known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of HouStOn General__Insuranee Company
and acknowledged to me thathe subscribed the name of
Houston General Insurance Co~a~ _ _ __ ___ _ thereto as
principal and h is own name as Attorney-in-Fact.
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 , ~ /~f ~_ _ ~,_ if .c l± ___
Notary Public in and for said County and State
Notaryy seal
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N `' PRII-Ci' rl ~:FS~I~ f_ IN
\\~,% L0~ AN~~LCS COUNTY
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My ConJml~slon E>:plres May E3, 197 ..
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,- - Bond No. H40319
BJ1~~ i'~~ 1"T.niri'I~t:~1L'..T~ At~i~ Lf~~CJ~[
KNQG~7 ALL P~!v`~ BY TFIEST; ?F;L~ SI',iITS , Th~~t I/t~,e E1 . Rancho del Bev
_.____ ,
the contractor i.n t}~~ c-ontr~~-pct. ?iereto anne:~oci, as PYinci;.)al, anc7
Houston General Insurance Company ~__ _ , as ;>ure;~y, aYe ~:~E_~1d
and firmly bound unto `the CITY OF CiiLi':p, ~rI_ST~,, a municipal cGrz~c,ratian,
located in San llieaG CGUnty, CalifG:~r..a; in the sum of Eiaht six thoia~nd
four hundred twenty six and no 100-------- (fi
__._._____L__._ ~ 86 , 426.00 ? , 1 a~a f ~~ 1 rr:c n e v G f
the united States, for which payment, we.11 ~=:nc trtil~= t;> Ise made, t::'e }-rind
ourselves, jointly ar.f~ s~~~°erall_y, firmly by t:~ese pY~~s~ nt;~,.
Signed, sealed and dated July 27, 1972
The COnC:1t1GI1 O~ the a~OVE' O~?llgc~i=1_nri i. ,5 tnat 1~ ~.=1d P1"inClpal,
aS COnt`"aCtOr i t}7 P_ C!~ltrci;:t }1E'_rF? ~'n a::n<?XPC~ . QI" };~.C. C~1" It:; SU}~~;'i_:1t-'"•aCtC'r,
fazlS tO pay for any mater~'_al, pr^~,'1S1GT'1=', ::rUV°rider, or teams, :1~F'C~ .in,
upon, for Gr about t}":E' ~E'rfO.~f~'.an~^A o~ t}i~? F '.:~r}; COnt.?"c1C~tC: tO :~C' C~nn° }~V
Sald COntraCtGr, z'.amely, tO fu_riz' SYl al.l tOOIS ei~1~1 ~I:1f'?1t, aL'p?Ycit US ,
faC111t1eS, trariSpUrtatlOn, Labor, rl".d P1 d'-.e S'1~%~.. Ot}`?r?Y' t}7ai1 matC:_'._r?.1, 1f
any, agreed to be furnished b_y the City, nec~~s~:ary t:~~ >e.rforr~ and complete
and to perform and comr~lete in a rood arld wo.x :manlike rzanrer, t}~e work of
Public improvements except water as shown on approved plans Number 72-990
through 72-128D for E1 Rancho del Rey Unit 2
in Str1Ct COnfOrlllanCe Tn1t~t tht? tCrIIiS aced CG?1C11_t1OI`;S SE:'- forth lr~ t}2e Con-
tract hereto annexed, Gr. for any work Gr labor done t~:c~r~eon of any kind,
said Surety will pay ;she sane .in and a.n^unt no+_ exce~:c~i~~cY 1-he s1.1--~ herei.n-
above set forth and alsG, in case suit iS brc~l:;'rlt ur~on t}pis bony?, :a
reasonable attorney fee to be fixed by tree courts. Thi e; bond shall inure
tO t}2e beneflt Ui anv aT:d a~_1 ~f'rSOI~S, COm~3i11E?S, 2.ild ^Ur~:Or.~tl(~71s
en tit:l_ed to file claims urlcier and }:, _v ~~irtue. oi_ the ~r.o~-isions of ar. pct
of thc, Legslati:Y'C-'. OL ti~!~ ~~i.c tC= Cii (.:al1.fC)rn~_c Gi":tlt+?C~ '~?`ii7 p.Ct '-'.) ~~~C"111'C'
the Payment of the C`l~:i_ms c,t I'ersc,_ ~- ~~;::^la~j,'c .-: n~~ Ccr tr<;ct~~~s u~~o~l ~`,~blir
Works , and the C7-a.ims cf Persor:s cti'h;:~ ^;lrnisn : ~;ate_ i;~ls , Supn1; es ,
Tealus , zr',plements Gr Pachlnery i)Sc'~C1 O1" C.',O'ilsiu^~1C~~ ~,7y SUCr'i CO"?tr:iCtUrS , l.n
the Performance of Suc'tl 6dor};.s, and. ~'rescribi:~c t:lie '~ati_es of Certain
Pub11C nff1CP_r5 i~T1th ~E'S'.~'~c?Ct `I'~"iP_ret ) , " c.L)L)rO'J~:d ray 1(~) , lal9 , a.S c~.PiP_T'id_E?d
and the said Surety for. ~~a_Lue rec~~ ~ ~~c },~ -~~~," ~'t~ti?L11 at_e~s and are e~,s that
t ~- ~
r0 Chan~E , i X E=;ZS1OiZ O~ I:: l~,lt~ , a l tE~Y "tiO"? _'?" ~1G.;:1_ C1(~:~ t!~ t}1~'-. tE?:"I'iS C)~ `ice.
COT1t1aCt. Jr tO file 4101-r' 1~U ~C'_ ~ r;Z 1C'Y ~ `~ t}7°~."':'.~("°r, ._ tri:? S l~'C1__'.- i C~i'i.1C`1S
aCCU';?)~1n1'1nC~ ti1~' SaMU, Shcxl~ In arid' Gi'_SF' a~ {i.^'-. .lt;~ ~a_1_ ~-3~'.1Cin:I U'~. ~'i1'! s
bonc.~ and i t d - ' -
r /~~ _rE'1`'V i'1"1T,re ii:~t1CC of a2;V ~I1G}"'i (~i,~x~C;C'S, e}: "tE'T?~1C~n Of
t>.I<<e , alterat; cz/ or , adrv_t-ion to t~,e terms of the co:~ t. act or to '-he ~ti~ork
or to the spe iiica ices,
E1 Rancho del Rey\ ,'
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Houston General Insurance Company _Y
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Cont:racto~ ~~ ~ ~`
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Piv-L.-3~1
James Schrader, Attorney-in-Fact _
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STATE OF CALIFORNIA,
COUNTY OF Los Angeles
IIIYfl11W11WIIIIgI11III1nI1110111UIIIINNnllnll1111111~~,Illlrlnluinl~nl~illlnliiinn:iiiriiuin~~i~:~i.~~~i~~ii ~,
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i e' , y -
MARY BllGG~
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NOTARY PU C3LIC-CALIFORNIA
~lr~l"
i PRINCIPAL OFFICE IN
IIFJAN'~ LOS ANGELES' COUNTY
My Commission Expires June 23, 1916
~ ss.
~ Jul 27 , lg 7~-
ON -
before me, the undersigned, a Notary Public in and for said State, personally appeared
Albert Gersten ,known to me to be the
President
of the E1 Rancho Del Rey
the Corporation that executed the wlthln Instrument, known to me to be the person whe
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 official seal.
Ma y Bugg '
NAME (TYPED OR PRINTED)
Notary Public In and for said State.
Form 222-Rev. 3.64
Acknowledgment -Attorney in Fact
STATE OF CALIFORNIA ~ SS.
COUNTY OF Los Angeles
On July 27 1972 ,before me, the undersigned ,
a Notary Public in and for the said County and State, personally appeared James Schrader
_ ___ known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of HO 5 Ori General ~~~uY^ii%^ ^Oritnany
and acknowledged to me thathe subscribed the name of
Houston General Insurance. Como~ann~ -. - - thereto as
principal and h ~ a own name as Attorney-in-Fact.
IN-WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
certificate first above written.
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~~12 x G~ tLA ~~ JE ! !I rL C~
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M_7 Notary Public in and for said County and State
Notary Seal
isi•eee•a•aee•ara.a•••sa:eOFFtrtP L °,°ALn~ee•a••~,
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1 SA.'+DRA LE C3LANC
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~ NOT?,RY I JB~IC - CALIFORNIA d
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Aqy Commission Expires UIaY 8, 197
•.ununnw.uoum'
•n•uuuu••nu•nomuuosu•
~- Co`'~~
Bond No. H4031g
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS,. That I/We E1 Rancho Del Rey
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 Eighty six thousand four hundred twenty six & no/100--- ($ 86,426.00
),
lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, jointly and severally, firmly by
these presents.
The condition of the foregoing obligation is such that whereas said
Principal(s) has-have entered into o.r is-are about to enter into the
annexed contract with the City of Chula Vista, pursuant to the authority
of an act of the legislature of the State of California, approved P.pril
13, 1943, known as the "Subdivision .Map Act" {Chapter 2, Part 2, Divisior_
4, Business and Professions Code} and any amendments thereto, for the
grading and surfacing of streets and the construction of curbs, sidewalks
and gutters and sewers, and other improvements, all as shown on the
improvement plans for E1 Rancho del Rey Unit 2 which
improvement plans are on file in the office of the City Engineer of the
City of Chula Vista, and the payment thErefor by Principal(s) and; whereas
the Principal(s) is-are required by said City to give this bond in con-
nection with the execution of said contract;
NOW, THEREFORE, if said Principal, as Contractor in the contract
hereto annexed, shall faithfully perform each and all of the conditions
of said contract to be performed by him, and shall furnish all tools,
equipment, apparatus, facilities, transportation, labor, and materials,
other than material, if any, agreed to be furnished by the City, neces-
sary to perform and complete and to perform and complete in a good and
workmanlike manner the work of E1 Rancho del Rey Uni t 2
in strict conformity with the terms and conditions set forth in the con-
tract hereto annexed, and shall pay or cause to be paid, all persons who
perform labor for, or furnish materials to said contractor, or to any
sub-contractor, in the execution of said contract, then this obligation
shall be null and void - otherwise to remain in full force and effect;
and the Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the
contract or to the caork to be performed thereunder, or the specifications
accompanying the same, shall in any raise affect its obligations on this
bone!, and it doe s er y waive notice of any such change, extension of
time, alteration or ad ition to the terms of the contract or to the work
or to the specif'cati ns.
E1 Rancho del Re,
_~
Houston General Insurance Company
v
Contractor
APPROVED AS TO FOR2<?
C' y Attorney
PW-E-34
James Schrader, Attorney-in-Fact
Surety
Y~
o`~~5~~~
STATE OF CALIFORNIA,
ss.
COUNTY OF T O~ANC~EL .~ ~ JULY 27th , 19 72 ,
ON
before me, the undersigned, a Notary Public in and for said State, personally appeared
,,..,,,.~~~~.'tic-,,.,.,,,,..,,,,....,,..OFFICIAL SEA.L ...............
~' ~ MARY BUGGY
am m
': ~o N07ARY PUBLIC-CALIFORNIA
- PRINCIPAL OFFICE. tN
I ~"OPn~ LOS ANGELES COUNTY
Expires June 23, 1976
t ..................~h'.xCommission............................ _............................,.....
- ALBERT GERSTEN ,known to me to be the
PRESIDENT
of tf€ex E T . ~A1~I dun r~~ T u ~'y
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 official seal.
MA.R BUGG '
NAME (TYPED bR PRINTED)
Notary Public in and for said State.
OWLEOGMEN7---Coryontion-Wolcotts Form 222-I~ev. 3.64
Acknowledgment -Attorney in Fact
STATE OF CALIFORNIA
SS.
COUNTY OF Los Angeles
On July 27 1972 ,before me, the undersigned
a Notary Public in and for the said County and State, personally appeared James Schrader
known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of Houston General IriSUr~11Ce Company
__ and acknowledged to me thathe subscribed the name of
Firnoa on ~ neral TnG ~r_anc Comt~any _ thereto as
principal and h ~g own name as Attorney-in-Fact.
IN-WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
certificate first above written. _
IE9tIT:[15E8S!!3{1 :cac~r~_~!F.T~';,L ~.EAL
o. r.._ ~,
- ., ,
, e
~ .
~~`~, ;~ F'~'r.:Irr~l UFiCE Ifs
NtY Commission Expires fJlay_8a19'6.,,,,i
M-7 ~ Notary Public in and for said County and State
~s ~~