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Home My WebLink AboutReso 1971-6110F,~rm No. ?42 Pe.~ - ? 1-~9 RESOLUTION N0. 6110 RESOLUTION OF~ THE CITY COUNCIL OF THE CITY OF ~.FI~JLA V~ STA, APPR0~7ING AGREEMENT BETWEEN THE CITY Oz= C~iJL=~ VISTA AND ALLIED CONTRACTORS, INC. GUARANTEEING THE CONSTRUCTION OF FUTURE IMPROVEMENTS IN OTAY LAKES ROAD ADJACENT TO SOUTHWESTERN COLLEGE ESTATES UNIT NO. 7 AND AIJTHORI ~ TNG THE MAYOR TO EXECIJfiE~ BALD AGRE.EMEN'n The C~..ty Connell of the City of Chula V-~.sta d°_~e: f~e.~~by NOW, 'T'HEREFORE, BE IT RESOT~VED tY~,at ?:hat eexx.a~;~ ~gre.m:~r:~: t~t~~~e.~ THE CITY OF CHULA VISTA, a municipal ^rporat.ior~, and ALLIED CONTRACTORS, INC., a California corporation, 5109 Waring Road, San Diego, California, guaranteeing the construction of future improve- ments in Otay Lakes Road adjacent to Southwestern College Estates Unit No. 7, ~ ~ ta=d the 18th day of June ~ :~ 9 71 ~; ~ i~PY ^ f t~ ~ , ,.r. s a+~ taehed hereto axzd Incorporated herein , the. same ~s °~haovgr, ~ ~. ~ ;.~ cat forth. here~.n be, and the same is hereby a~prcVed~ BE IT FCIRTHER RESOLVED that the Mayo c ;-~f t r.e ~. ~ r y ~ * r ~ :~ ~, V.st~. die, and he ~s hereby authorized and directed to exceu*.~ ~~..~ agreement for and ~.n behalf of the Clt.y of China Vtvxa,. •~.~,se~~-~t~d by Approved as ~~ ~~:~-,~ by ~~ f y~'~`l'~ Lane F. C e, Director o uT~lic Geor- g~ Lindf~erg, City~~A£~~ ~ ey " Works ADOPTED AND APPRO~TED by the CITY COUNCIL of r_he CTT`i~ C"~F ';~HeJI ~~'ISTA, CALIFORNIA, this 13th day of Jt~ ~, '-~.Zl_~ ~'~~ ~ r:~- -~o 7 owe ng Vote , to-wI t A'~E~ : Councz Imen Scott, Hobel, Hamilton NAYE~ ; Councilmen None Al~~ ~ aT'I'I ~`-F";~~F O~ CALIFORNIA C?I;sNTY OF SAN DIEGO ;s , C !T T"Y Off' CHI~?LA VISTA -' r City C?erk :f tt°xe C~ ry ~ ~. ~Lis't~, Ca~.~f~ox°nla, DO HEREBY CERTIFY that. the. above tis v ~~,: ;_, s~__ :-x~~~ capy of Reso.~ut~on No. _ and that th.e ~ a~~?e ~ .x~ :., ~yrrended ox: repea~ed. DATED T Ctry Cl~rlc AGREEMENT GUARAT'iTEEITIG THE CONSTRUCTION OF FUTURE IMPROVEMENTS IN OTAY LAKES ROAD ADJACETIT TO SOUTH- WESTERN COLLEGE ESTATES UT1IT NO. 7 tf.~ THIS AGREEMENT, made and entered into this ~``:- day of 1 .~c-c.v~ , 1971, by and between the CITY OF CHULA VISTA, a mun~,ipal corporation, hereinafter called °°City°`, and ALLIED CON- TRACTb~.S, INC., a California corporation, 5109 Waring Road, San Diego, California 92120, hereinafter called ''Subdivider"; W I T TJ E S S E T H WHEREAS, the precise ultimate alignment of Otay Lakes Road in the area of the easterly 230' of Southwestern College Estates Unit TJo. 7 Subdivision has not been established, and WHEREAS, the major portion of Otay Lakes Road lies within the County of San Diego and is thus under its jurisdiction{ and GVFFEREAS, the County presently has contracted the design of Otay Lakes Road-from Telegraph Canyon Road easterly to tilueste Road and the County's March 2, 1971 six-year highway program indicated construc- tion in the 1974-75 fiscal year, and WHEREAS, the location of the ultimate drainage facilities depends on the ultimate alignment of Otay Lakes Road and development easterly of Southwestern College Estates Unit No. 7, and WHEREAS, Subdivider is posting a surety bond of faithful performance in the amount of THIRTY ONE THOUSAND, ONE HUTdDRED NINETY TWO AND 20/100 DOLLARS ($31,192.20) guaranteeing the construction of future public improvements in Otay Lakes Road as listed and itemized in Exhibit "'A", attached hereto and incorporated herein by reference as if set forth in full, and as shown on City of Chula Vista Drawing Teo. 71-40D, on file in the office of the City Engineer, and WHEREAS, Subdivider shall construct these improvements in conjunction with the County of San Diego's proposed widening of Otay Lakes Road in fiscal year 1974-75. NOW, THEREFORE, IT IS b4UTUALLY AGREED by and between the parties hereto as follows: 1. Subdivider agrees to complete, or cause to be completed, ~>6~~( public improvements consisting of pavement, curb, gutter, sidewalk,... sewer, street lights and drainage facilities 1 <; ; ~ x, c~~<- ~~ ~ = ~ ~~ ` `= ; r '~ ~7 2. Subdivider shall pay all costs connected with constructing said improvements, including engineerings costs. 3. Said improvements shall be constructed in conjunction with the County of San Diego's proposed widening of Otay Lakes Road, as listed in the County's March 2, 1971 six-year highway program. 4. Subdivider shall post a surety bond of faithful performance in the amount of THIRTY ONE THOUSAND, OPdE FiUT1DRED NINETY T~7O AND 20/100 DOLLARS ($31,192.20) guaranteeing the construction of said improvements. - 1 - (nl l0 5. Approval of the final map of Southwestern College Estates Unit T1o. 7 is subject to the execution of this agreement by Allied Contractors, Inc. IN WITNESS WHEREOF the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CIIULA VISTA ./ J. .~ -- ~ ~ { ~ ~ ..- . ~ -' /~ . ltd"? :' `-<_-~.~'~~7,_ P~Iaybr v/ y f ATTEST, , , ,~?/!~L•~E'., ~ - City Clerk Approved as to form by ~~~- .e ~,, _/~ ~~. ~C. Samuel Blick, Assistant City Attorney TO 449 C (Corporation ) O STATE OF CALIFORNIA COUNTY OF LOS Angeles } ss. On June 18 ~ 1971 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared T~oui S h _ Ke It Ori known to me to be the President, and David Kelton known to me to be Treasurer ii,,~~yXof the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within OFFICIAL SEArL instrument pursuant to its by-laws or a resolution of its board ~'°='~ oI directors. ~~ ~ Constance R. Irving WITNESS my h d and official seal ~ ~~~ ,~a ~~~ NCTARY PUBLIC - CALIFORNIA ~~ rig _ ~:~ .r• PRINCIPAL OFFICE IN ~~',~~ ~~, _ , A ~ ~"='"~ LOS ANGELES COUNTY Signature {/yt,G~ . My Commission Expires Nov. 2Y, 1912 Name (Typed or Printed) (This area for ofRcial notarial seal) (v ~ ( O - 2 - ALLIED CONTRACTORS, INC. _. ~. _1 _, .. - - .,. ~. _ ,, _. _. __ .. L~ Civil Engineering • Land Surveying 2611 Adams Ave. • San Diego, California 92116 W.0.# 1079 March 26, 1971 QUANTITY ESTIMATE f.or Future Improvements in Otay Lakes Road Sout}iwestern College Estates Unit No. 7 Quantity Units Item James W. Craig R.C.E. 9136 Raymond J. Bulthuis R.C.E. 13745 William R. Nothomb L.S. 2813 297-3974 Unit Price Amount 4,015 S.F. Pavement (3" A.C. on 12 "Base) 0.60 2,409.00 217 L.F. Curb 2.00 434.00 980 S. T, . Sidewalk 0.55 539.00 31.5 L.F. 15" V.C. Sewer 18.00 5,670.00 1 Ea. Concrete Set,7--- Manhole 500.00 500.00 1 Ea. Street Light 500.00 500.00 1. Ea. Curb Iniet 600.00 600.00 55 L.F. Concrete Box Culvert or Pipe 170.00 9,350.00 1 Ea. Headwall 1- 000.00 1.,000.0,) 180 L.F. Concrete Linea Channel 30.00 5,400.00 1 Ea. Cut Off Wall 500.00 500.00 Sub-total- 10% Contingencies 26,902.00 2.690.20 Sub -Total $29,592.20 Future Engineering for Culvert L;'tch. 1,600.00 TOTAL ru LAHiBIT "A" (o(i0 531,192.20 (41 . SURETY BOND OF FAITHFUL PERFORFIAPJCE KN04J ALL MEN BY THESE PRESENTS: Bond No. B-642719 Executed in Triplicate l h d t we ALLIED CONTRACTORS , INC., a California corporation a S P r i n i c p a l, and UNITED PACIFIC INSURANCE COMPANY , pf TACOMA,WASHINGTON incorporated under the 1 aws of the State of WASHINGTON , and duly authorized under the laws of the State of California to act as Surety, are held and firmly bound unto CITY OF CHULA VISTA i n t h e s u m o f THIRTY ONE THOUSAND ONE HUNDRED NINETY TWO AND 20/ 100ths ($ ~7~,192.20) DOLLARS ----------------- 1 awful money of the United States of America, for the payment whereof, well and truly to be made, said Prinicpal and Surety bind themselves, their 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 SOUTHLIESTERN COLLEGE ESTATES g r o p e r'ty k n o w a s UNIT N0. 7 a t 1925 Otay Lakes Road i n accordance with an agreement dated June l.$, 1971 and i s required by the sal d CITY OF CHULA VISTA tO gi Ye a bond to guarantee the performance and the completion of said improvements; NOt4, THEREFORE, if the said Principal shall well and truly perform ail the work spe;.ified in said agreement, then this obligation shall be null and void, other- tivise to remain in full force and effect. The Surety does hereby consent to any and all alterations, modifications and revisions to the Agreement secured by this Bond, including but not limited to any extensions of time for performance which may be agreed upon by and between CITY OF CHULA VISTA and the Principal. SIGNED AND SEALED AT Beverly Hills, California t h i s 22nd d a y o f June l g 71 , APPROVED AS TO FORM: ALLIED CONTRACTURE, INC.-_ • ~~ B ~ `yam.. i.[ ~'~ y~..J .~ r ~w.._ i p ~ ~ ~... /~.~ ~..~. ~!' ~~ tom, 4 (~.~ ~S.1riK'_._-~__.~-j~'`i"'.^(.'a.C.(.(~~O ~ ~~ ~ ; ~ y ~"~ ._ C i t y A t t o r n e y C/ f U~T~ PACIFIC INSURANCE COMPANY ame o~.end i Comp gy ROBERT F. OYD Attorney-i n-Fa t ~ PW-E-29 Cello ~-_ _~ TO 449 C /\ (Corporation) ~ STATE OF CALIFORNIA COUNTY OF LOS Angeles } ss. T On June 22 ~ 171. ~ before me, the undersigned, a Notary Public in and for said State, personally appeared LOUj. S L . Kelton w known to me to be the President,~tl?rXXXXXX7;Y„ XXXXXXXXXXYY~ ~ _ w ]~~YyY~t?f~ij~eyX_Y._XXX~XX~XX,.~of the corporation that executed the within Instrument, t known to me to be the person who executed the within ~ Instrument on behalf of the corporation therein named, and a acknowledged to me that such corporation executed the within OFFICIAL SEAL m instrument pursuant to its by-laws or a resolution of its board ,~ ~>F of directors. ~: _~_ WITNESS m kland and official seal. ~ ~ ' ~ ConstanCB R. 6rinrl~ y. ~- NOTAR'! PUSLiC CALr ,,,,~, ~~ `" ~ \ -~ PRINCIPAL UPFIC~ !h: ~ ~ ~` ~ ~~w LOj ANG~LE3 CO!:C77i Signature Wy Commission Expires Ncv. ZC, I~72 Name (Typed or Printed) (This area for otRcial notarial seal) State of California s s: County of IAS ANGELES On June 22nd 1q 71 before me, the undersigned, a Notary Public in and for said County, personally appeared ROBERT F, BOYD known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 1S own name as Attorney-in-Fact. ,rr,. OFFICIAL SEAL - ~ P.:::T; "7 r'U£LIC - CA(.1FORNIA A`, „_ v ,;,,Ii::~D:'.L OFFICE IiV ~ ~r~5 r:I~ao~L'c5 OGJNTY ^) ~ rvi G:;i~,:;,is>;~n Expires May 4, 1972 ~' " "; ~ M y Co m m i g'S't2S1'S"'~c~i ~'~'""""""" 1 q Notary Public in and for said aunty B-2004 California - Jurat (Attorney-in-Fact Ac4riowledgment) Rev. 1-65 ~' ~ O