HomeMy WebLinkAboutReso 1971-6172Form• No . 3 5 2
Rev. 11-67
RESOLUTION NO. 6172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
NEAPOLITAN VILLAS SUBDIVISION
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, RUSS-MAR DEVELOPMENT INC., A California corporation
dated the 6th day of August 1971 for the completion
of improvements in that certain subdivision known as Neapolitan
Villas Subdivision,
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. Cole, Directo of Geor D. Lindberg, City At ey
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 24th day of August 19 71 by the
following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton H de
NAYES: Councilmen None
ABSErT"'
ATTE:
^---- -
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I~ ~ City Clerk of the City
Vista, California, DO HEREBY CERTIFY that the above is a full,
correct copy of Resolution No. and that the same has
amended or repealed. DATED
of Chula
true and
not been
City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and
.~1 ~ a ^-~ ~ `,1~. , 19 71 by a n d
municipal corporation, hereinafter
~ _
hereinafter called "Subdivider";
entered into this 6th day of
between THE CITY OF CHULA VISTA, a
called "City", and RUSS-MAR DEVELOPMENT INC.
"'' ~ ': . "%l~ a California corporation,
W I T N E S S E T H
WHEREAS, Subdivider is about to~present to the City Council
;af the City of Chula Vista for approval and recordation, a final sub-
division map of a proposed subdivision, to be known as NEAPOLITAN VILLAS,
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 maps of subdivisions are approved by the
~~ouncil for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereof, Subdivider shall
inter into an agreement with City, secured by an approved improvement
~~ecurity to insure the performance of said work pursuant to the require-
+(~ents 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
~~ublic 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 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
_~equired by City in connection with the proposed subdivision and will
Deliver to City improvement securities as approved by the City Attorney,
>.nd
WHEREAS, a tentative map of said subdivision has heretofore
::een approved, subject to certain requirements and conditions, as con-
tained in Resolution No. 5972, approved on the 9th day of March, 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. 71-106D through 71-109D, on file in the Office
:tf the Director of Public Works, and
WHEREAS, an estimate of the cost of constructing said public
;Yprovements according to said plans and specifications has been suk~-
~t.ted and approved by the City, in the amount of NINETY-FIVE THOUSAND,
REE HUNDRED EIGHTY DOLLARS AND Nn CENTS ($95,380.00), to whic}~ ten
,~rcent t10~) thereof has been added, which estimate is attached hereto,
,r.ked "Exhibit A" and made a part hereof, and
WHEREAS, the estimated cost as approved by the City for the
-~stailation of all monuments is attached hereto, marked "Exhibit B"
;d made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS;
1. Subdivider agrees to comply with all of the requirements
the tentative map resol~~tiur,; to do and perform or cause to be done
,,,d performed, at its o~hn expense, without cost to City, in a good and
,..'r:.n:inli}:e manner, under t.~:~.~ direction and to the satisfacti.oi: and
~i 7 )."tll7 1~. Cif- t-n
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tc r oi_ u.,~:~1 ~ c C to -k;; , al ~ of tl,c pu.}., I ; c _~ inpr~,_,t clnc~nt
~cnci~o:,. 1.anrc ~,~~ r: J.c>; a.,~ tt ~ ~~~01_1 x.~eclua s,~_~I i o be U.:,z~ie i_n an c} ;.~d~jolnirlci :i,,,id
sul:,ci~~_vi~si.on; ,.lnd tti•.1.1 ~:urn:i:}1 t_hc~ r~~ r: ~~~;~~r .ir rn~~ic~ri_~lls ,i-
y t 11c 1 ,_ .~~i-, a 1 ~ ~
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~t1 111 t.lic' Ofl 1 C~) n{~ the 1-)71~:'Ci_pr
. .~ c:ll~ ~Y f.hts rC:Ce.i"C'11CC~ ctl' C J_.nCOY'hChc~tCd lierc`.1I7 a11C1 madam
a p;-ir'f< hi~L'C';~~i.
2. It is c~xhzc~ssl}~ tlndc~~':,toed ~:ind ac?reed th~lt a1.1 monum~~iztr;
h~.vc~ boc.r: oc~ ~ai11 br_ in~tcLllc:~c wi Lil]n tllirt~y (30} days after t};e ccln~
plet:ior. r~nc? 4ccF~pt~r.cc of_ =she r.ec,lu; reel i_mpl:ovenltlts, and that Subdivider
htzs insta]_:Lcca or wi1:L install tempc;r~lr~~ ~:trcet nallle signs i.f pr-~rman~~nt
st.reczt nar,ce igns have no'- boon ins cal l cad.
3. It is expressly ttlldc~~-stood and aq.recd that Subdivider will
cause alJ_ necessary lnater.ials co be furi-1:tshed and all improvements re-
quired under the provisions of t}iis c:.o,~tract to be done on or b~~Lor.c~
the fix-st: anr~,.iversa.ry c.7ate of the reco>_~dat..ior. of the map of said sub--
divisi_oli.
4. It is er:pressly undor_stood and agreed that. Subdividel_ will
perform ti~.ai_d improvemelzi. work as set forth her_oinabove or t}.~lat portion
of said ililp~~o~Tement ~ ork serv ink any bu:i_ld.ings or s ~ructurc:s ready or_
occupancy i_rl said subivi_sio.i pri_or_ to the' issuance of any cert_ifi_cate
of cl.oaran~.c-- for utility canner'~io;-is f_or said buildings or structures
in said subdi.vis:ion, al,d such certificate shall not be isstted until t_}le
Di. x:cctor of Pl;,blic IVorks has cert:ifi_ed i_rz w?=i tir~~~ the cornpl.~tion o:E said
publ . c. irnpl:ovemerzts o.r the portion tli.ereof .;e.rv~nc said buildi_rzgs oz:'
str.ucturc~s at~l~~J_oved by the Cite; ~~rovided, however, that i.}7e impr_o`aemen-t
secui:ii~y shalJ_ not be rccluired to cover tYle provisions of this parac,raph.
5. It :i.s c~>pressly understood and agreed to by Subdi_vidor
that, :in the perform~arlc~ of said wo.r_};, Subdivider ~,~ill conform to and
abide by a:Ll of the provisions of the ordinances of the City of ChuJ.a
Vista, aI-~rJ. tl-ie laws of the State of California app]_icable to said taork .
6. Subdiv:iclcr 1_u-~ ther agrees to f_urni_sh and ciel_~ver_ to the
C.it}~ of Chula Vista., siriiultaneously with. t}7e executi.on of this agreerlF_lit,
an approv^d _impr-ovenlc~nt secu?°i.t?Y~ in the sum of r IFTY-FOUR TI?OUSt'~ND(
,:
°7~'VErv' TtUN}:)RED 'I'T}IR`~ Y-FOt?R ?~OLLI~RS AND r?O C~'NTS ($ 54 , 734.00) , ti,~}liC}1 secur_ ity
sriall guarantee the fai ~hful pe:rformance of this contract by Su~di-aider
and i_s attached he ret-o, maz:ked "Exh:i_bi_t- C" and made a part hereof .
7. Subdivider further. aga~ees to furnish and deliver to the
City of Cl;ula Vista., simultaneously whir t:he execution of t}zis agrecm~.nt,
an approved an~cr:r«vement security in the sum of ?~':Ti"i'Y-T~ti'O TTOUSAND, FOi?R
T-lUi~r)RED r IF'TY~°-TdIlvr~ DOhLARS A?~1D NO CEIS'I'S 052 , 459.00) , to secure the
x~aymc~nt of rn~~t:e'rial and labor in connec-l~ion with the installation of
sari public improvements, which security is attar..hed hereto, rnarkcd
"L.xh.ibit D" and m Ado a part hereof .
8 < Subdivid.~r further agrees to furnish and deliver to the
City of ChuJ_a Vista, s.i_mu.itarloously with the execut:i_on of this ac~r_c~emcnt.,
an ~lpp.rov~.a ir,provement security i_n the sum of ON}? THOUSAND, OTJL 1IUivcDR1~:D
DO?~ ~7~1:5 ~111D NO Ci~;l~?`rS ($1,1.00 .00) to secure the installation of mon.umcr.t.s ,
which security is attached hereto, marked "Lxhi_bit T;" and made a
part llercof .
9. It is fvr-t_her agreed. that= if the public improvements
arc' not completed t,~it.hin the t.i.me agreed herein, the sums provided
by said imp?~ovc~nlc~nt_ sccsurities ;nay be used l.~y C.i_t.y for_ the' con~plcti.on.
of the pub l.i.c i.Il,provelnc:r.~.ts ~~~ii-hin said ~>ubdivision i.n ac cordarir_e
wit11 the spcci_fic.rzciuz:.:~ containcsd hcrei.l. Upon cc.r_ti_fi_cati.ell of
corn}_~letion b~~ t}~le Director or. Publics Fti~oi_;cs and accc~ptanct~ of said
Wo)'k }.7'~r C.it.~', and a1 t, ('. :" C~?rt1.f1Cut1O71 by t11e D:LrC`CtJr o;G t~'1.11:1I7C1~
that all c.o~ r s lzerco arcs iul.'.}% pa_i_d, i.hc~ wllolt~ amount, or ~lny p<:r;.
t.hC?"eC)~ :?'?t t.~,-;a~rc_'ci 1:or p~_ly~iQ<'Ilt t'.}1CtY'C'Oi:, lnay be .2""C'iC:aS~'Cl t-n ~Ui"~d1.Vi.dc'r
oar it_:; ~sac:.~~s:~;or~; i_n illtcr_cs',~, 1?ursu.ant to t}lc~ i.c~rlr~s of file i.mpr.o~~~__rnt~nt:
securi t_~ .
-~ - //1' l~ ~ ~~
10. It i5 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 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 ail defects or deficiencies arising
during said period as 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. 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 WITiJESS WHEREOF, the parties hereto have caused this agree-
inent to be executed the day and year first hereinabove set forth.
SUBDIVIDER: RUSS-MAR DEVELOPMENT INC.
Mayor
ATTEST
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?;~ i-,~ :bus - 'r _s; rent _.
Approved as to f Attach Notary Acknowledgment here.
.~~~~'~
_ / _ /''
"City Attorr_ey
.THE CITY OF CHULA VISTA
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STATE OF CALIFORNIA ~ SS. RUSS-MAR DEVF~OPMENT INC.
COUNTY OF SAN DIEGO 1 ~
On Au~TZSt 16 i9 71, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Monte Russell
known to me to be the President~_ _
_- of the corporation that executed the within instrument, and
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 instrument pursuant to its By-
laws or a Resulotion of its Board of Directors.
WITNESS my hand and official seal.
Lee A. brewery
FP 817
Notary Public in and for said County and State
,.~~a~, ~~a~
`"`c:~~.,>~
~ OFFICIAL SEAL
~
,, ~; LEE A. DREWERY
~ ~" NOTARY PUBLIC -CALIFORNIA
~
~
~
~'
~~ PRINCIPAL OFFICE IN
`^«o~~~~ SAN DIEGO COUNTY
My Commission Expires Jan. 24, 1975
Ll`~7' O7~ i~;XIlIhT`I'S
Exhibit "T~" EC ti,t<,.t;e of Cost of Ccn.~~tructicn of Public.
Improvement:;
Exhibit "Y" Estimate of Comet of_ Monuments
Z:~h~i.bit "C" Improvemert. Security - Faithful Pe.r_.fo.rmance:
Form:
An~o~?izt:
Exh.~bit "D" Impr_oa<rrEr.t aerurity - T~Saterial grid Labor:
Form:
Ar.?o un t
E..hibit "E" Improvement Security - l~lonurnents :
Form:
Amou;zt
Sec~_x°ii_ies~approved as to form a.nd amount by
~' City Attorney ~-
Improven?ent Conipletinn Date
'~-l - _
~.
J_~r _.7. f )~. rani
Bond No : 73~J 2516
.~ ~ ~.~ t
._ . . _ ;,,:~~ .,, :.: ~- '~ ~ RUSSELL'S ASSOCIATES,a Limited
- ~,~.
-~ incipai , =.;i<_ ~ Partnership
____FIREMAN_S FUND ,INSURANCE COMPANY,___~, ~~~ ~ucet:,~, ~;-e :~~_1c;
~irlC'~ f;_rml~.° kiOll C untC` t~7°~ ~'1ty Cf Cliula y~lsta, `~':Citc: c~~ C~iz_-J_1C~Y'Ii:L~i, iT1
& NO/100 DOLLARS
the stra of FIFTY-FOUR_THOUSAND SEVEIQ HUNDRED_THIRTY-FOUR (~_.~4~Z~..4.s4.Q_.___)
1 ~.w1L11 IT~.Or`G'.1' Of tl,~e lUlii ~_k'G~ tc QC's, Ln~ tl"I F' pc`;.j,7I'~1E'lit ~ G/`_' ~"~i ' c„?Ci
of ;i,.2. ~.um, ~•.~.7.i
truly to }~ made; we bind ourselves, je~.ntly and s:~veru!._ly, 11z-:,,J_v by
these pr_escnts.
The colidition cf the foregoing obligation is suci! tha+~ ;~J'r_ereas said
Prinr_ipal(s) has-have entered into or is-are about to enter in±:o the
annexed contract. ~~•itii tre City of Chula Vista, t~t.rsuar.t to the aut}~ority
of an act of the legi_sl,.ture of the State of Cali~o~-r~ia, ap~:_r_ovc~d at,r:i.l
13, 1943, }:na~,~Jn as thy: "Subclivi si on Map Act" (Chanter. ?., Part 2, ~i_vision
4, }3L1S7_neSS aTi~ ?~r0''E'SSlOnS COCie) and anv aITlE:?1Ci?Tl^-. i7 ;:S t1iE~rC't0, f"r`~~'?C
grad_~ng and SUrfaC12?U G streets c.n~7. t1,iE: COnStrUCtOn Of Cltr}:)S , S1d~,'.rt1a1}':S
and gU.tte ~"S and S^~JE'Y'S , and C~tliel" 1It1~rCVeT:ient~' , all d4 SIiO~JIi On ±'f1C'
improvement pJ.a.ns for_ NEAPOLITAN__.VILLAS _ tv'~ict:
i.rlprovement plans a~~e on f1.e-in t.ze ~~fi~:e ar-the City r',T-iq_ ~_ne~r-~of the
City of C::ula Vi.;ta, and the pa meat therefor b' P -' ~ i ~ • ~~J~-,
Y ~ tip c_pal (s) any, _ erects
tizo Princi,:,~al (s) i.s-are requiY~ed by said City to give this bond iI1 con-
rectian with the ex~~cuti.on of said centr_act
r+~~'~, r!~~r''~tt~~RF', 1i Said Pr1nC_~pc'l, a5 CUn,.:raCtOr 12"1 tl'ic^_ C:J'1traC
hereto anr_^xcd, shaJ_1 fart}iful_1% perfol-rn ~acli alid al.l of tt~~ ^cnc:~=.t~_~>ns
ot= sai.d ccntrac'.- to b2 performed k: }~ iiJ_<<, and shall ful~r:.i: h : 11 tool:, ,
equi.lr_+nt, apparatus, faci.lit_.c~s, transport.+~i.on, labor, and I~.atc~ria7_s,
other ..hap material, wL any, agreed to be furni_s11ed by the Ci±~J, n~~c~~,-
sary to perform a.nd col~iplete and to perform and camp.lete in a good and.
workmanlike m~anne-r the ~JOrk of NEAPOLITAN VILLAS
i n strict conforz"~ity ~,•Jit?: the terms a,id conditions set for'~h in the con-
tract hereto annexed, and shall pay or cause to k:e paid, a]_1 persons who
perform lal_)`r fOr, Or fU.rP,lSli irlatE'_r1alS t0 SaZd COntrcuGtOr, Or t0 any
sub-contractor, in the execution Of Sa1d COIitrcCt, tk'iE?n th15 01711u; 7.t1C)I7
shall be null. and void - other.-c,'ise to remain in full force and effect;
and the Surety, for value receiver:, hereby stipulates ~_::d agx-~es that no
Ck'iangc^--, CX'tens1021 Of t.'~:~12, a1tE'.ratiOn Or addltlOn t0 t.l-:^ tfrIi':S O~ t~C
CGntraCt Or t0 the ~vCrk t0 be pE"f0;_"med tI1C']'"E'',indc_', pr tt1` S^E'G'11:i Cciti.Or!,C
accompanying the sar,,e, shall in any wise affect its obligations or. this
bona, and it does hereby waive notice of any such c'_:ange, exterls . or, of
tilr,e , alteration or addition to the terms of the contract or tc the ~'.ork;
or to the specifications.
'RUSSELL ASSOCIATES
f
T,,~~ s ~,. ~ ., _.,ev~lopm~~ lnc~
B.Y-.__ °_._. _ ___
MonteR,us ~1, Gen ral Partner
`CC~nt r ~----
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FIREMAN'S FUND INSURANCE COMPANY'
~/ '~/.
:~`~A. Allen Moss, Attorney in Fact
~~~~~~ S~- San l~i.~g~i---Ca1if_..
Surety
I~PPF~„VED P.S TO r `r~'-
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TO 449 C O
(Corporation) ~
STATE OF CALIFORNIA
SAN DIEGO ~ SS.
COUNTY OF
On August 17, 1971 before me, the undersigned, a Notary Public in and for said
State, personally appeared Monte Russell
m known to me to be the President, and
a
m known to me to be Secretary of the corporation that executed the within Instrument,
i known to me to be the persons who executed the within
~ Instrument on behalf of the corporation therein named, and
a
acknowledged to me that such corporation executed the within
a OFFICIAL.
~ instrument pursuant to its by-laws or a resolution of its board ~~ ~~ - ~e SEAS,
y vt" ~( t~7c'~"{fSi taT
of directors. ti• S' ~OWDS@~ICI
~f~ ... .1 pi ...nl r, ~-,
WITNESS my hand and official seal. ~~ "~ ,,~r `~~~' ~1'-~~~P,NIA q
~~ drr(~ IN ~i
r I'ti -, wi^ l~ r ~~ ~'1~1'if}'
I Signature ~~~ ~ y' ~ ~ ~.~~~ ~,~ ~ ~ ~ ~
276 Guava A e ,~~'~`n"
Marjorie S , Townsend Chula Vita, Calif 9201p
Name (Typed or Printed)
(This area for ofBCial notarial seal)
STATE OF_____California __
- -- - _
------------------------------
COUNTY OF-_S~~__Diego ____ ss.
,_
On this_~.Q~~L___---day of--_----_--_---_-----~t1g11S~---------------------, in the year 19__Z~,
before me, --- - ---- --- -- - -ATIg 1 e ~7 , Ma 11T 1 C 10- - ------- - --- ----- --- -
a xoTnxY rusT.TC in and for said County and State, personally appeared________________________
known to me to be the person whose name is subscribed to the within instrument as the
~~,w,«,.;.,,,,,,: ~,tiy,~ .,,.,.;..w;.;«;«»;«;«;«; w;«;».•~•
~ Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl-
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'
~w_ ~~_ OFF1CIAl SEAL = e
ge
to me t
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e name of t
e FIREMAN
S FUND INSURANCE COM-
AN~IE V. MAURICIO Y
~ PANY thereto as principal,..and his own name as Attorney-in-fact.
~: ~ rlOtARY PUBLIC • CALIFORNIA
~.fi~
;,
,~
F
Y ~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my
:•
T .
.
a~
'. FaNCiPAt OFFICE IN
. office, in said County and State, the day and year in this certificate first above written.
- SAN DIEGO COUNTY
7
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'
5
L My C~T,mission Expires May 27, 19 ~
[
----
~
lotary Public in and for said County and State
i
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My cotti/rnission expires -------------------------------------------- _ --
------------------
360207 - 5-66
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T,~,T r T, Bond No 730 2516
-,~_~
._ _ ,
~ o•' hT,'~~ ~ ~~; `;< `t' .'`',, ~'~<<'' ~~'~~:', "i~ii;~t 1/i~~~~ RUSSELL ASSOCIATES a Limited ,
th:~ c~~r. ~ r~ ~ ~ . _ ire tYie con._ ~- - t -_~.-__..__~----._....._._ _.____a____ Partnership
y ._rU~.=t a1F, ,.. ..~ iJ ahri.:::: ~_"C.{. .~~. .l~~al , ~ 1~ ~
FIREMAN'S FUND INSURANCE COMPANY
as Surety -~ ,, ,
alld fl_i7tly b0:1i:d Li.1C0 tf1=: ~i'i~V Ct'' Cr1TJ=~f~_ ~%~.~>'~.L't~, a r11L1n1C1~~~7.1. C:ir~.Or:~tj_Oi,,
7_orateu i.n San Di ego Count;,-, Ca1_i~.orni_a, in the sum of FIFTY-TWO THOUSAND
BUR HUNDRED. FIFTY-NINE & NO 100--DOLLARS($ 52459.00 _), lawfal money of
- ~- - ----- ----..-.__L.___.__.__________._~_. __.___
the Ulllted jtateS, ~C!r ~~'h1_Crl payme?1t, ~~'e~.l a.nd tru1V LO be mddt~, l:;e ~iriC'
oursei~-c~s, joi_rit_7.y a.nc'. severally, firmly by t'r_ese presents.
Signed, sea_i_ed and elated August 10, 1971
The cond~.tion cf the al~ov, ;- • 1-~
E obl.i.ga~.lon is gnat if said Princ~_~~a1_,
as contractor in the cer.tract hereto annexed, or his or i.ts suhcontrac~c~r.
fails to pay for ant- r..iatPrial, pro-~~isiolis, p_~-ovender, or teams, use d in,
upon, f_or ar dA-,out the per `ormance of the work contracted to be done by
said. contractor, na~n-~:i.y, ~__o iL~rnish all tools e ui
, q pment, apparatus,
facilities, tr_anspc,rtation, labor, and niate~-i a'., ot'~er than mate,-~.a.l, ~ f
any, agree:l to bo furnished by tie City, necessary to perform a.nd. coro.nie
and to perfcrrrt and cor.~plete in a good and workmanlike manner, the wo?•'r, o~
NEAPOLITAN VILLAS
In Str1Ct COrlfOr_iZlcri~,e .':i ti? I.:~~i^ teriTiS arzd COnd1t10nS Set forth 1I1 the C::?Tl•`
tract hereto annexed, or for a.riy ;•~cr_k cr labor done thereon of ally king!,
said Surety ~~. i_1_l nay the sa~:,e in ar_ amount not exceeding the sum rler_e.L~;-
above set forth and also, in case suit is brought upon this bond, a
reasonable attoY-ney fee t.o be fixed by the courts. This bond shall_ inur<
to the benefit cf ar.y ~.nd all persor_s, companies, and corporations
entitled to file claims under and by virtue of the provlsions of an act
of the J,eg~_J].ature of the State of Cali-_ornia entitled "An Act to Secur-~
the Payment of the Clair::s of persons Employed. by Contractors L:pon ''ubl. ~_c
Works, and the Claims cf Persons tiaho Furnisr?ed materials, Supplies,
Tea~'i1S, Imple?IleIitS Or i'IaCr'ilnE'_ry L'sE:.d Or ~OnSUmed b~,' S11Ch COntraCtOrS, in
the Performance of Such Works, anti. Prescribing the Duties of Certain
Pub1_ic Officers wi.trL Ros^ect Thereto," approved ~~ay 10, 19'.9, as a~i~ ~~r<<~~-
and the Bald S»rety for ValUE recelved hereby stlr_~ul.ates and agt-ee=, i~hc~'.:.
no change, extc.~nsion o~ time, alteration or c~.ddi tion to the terms ,_,r tr.e
contract or tc the ~~~c~rk to be perrormed there~anc?er_, or the sr~eci_r.icat.~_on
accompanying the same, shall in any ~~rise affect its obligations or: this
bond, and it does hereby y~ai_ve. notice of a.ry such changes , extension o`
time, alteration or a~-?~_ti.on to the terms of the cantrar±: or to the ~~~ork
or t_o -the speci_ficat.ions.
RL?SSEL,L ASSOCIATES
B~.=',sC ~~":~r ~,~velonn~Pr.~ Tr_o
~ Mo~-~te Russell General Partner
/7 ^C raft r
FIREMAN'S_FUND INSURANCE .COMPANY
'A. A11enMoss, Attorney in Fact
-:GkQ~f.,~~_.$.t_,.~ ~a__ 1~ Tli ~,.~s,~--Cc`1-~..l.f .
Surety
App ' , ~.S TO F~ ~.M : ~' I,
/T
C%:~~
i
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO } SS'
T
w
w
x
w
J
a
a
F-
N
On Aug tGY 7r 1971 before me, the undersigned, a Notary Public in and for said
State, personally appeared Monte Russell
known to me to he
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to he the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and of&cial seal.
Signature ~'
Marjorie S. Townsend
President, and
Name (Typed or Printed)
;:- iF1_ SEAL
~F
~' ". ~ ,
ra ~§„rig S. 7~wnsend
~~ ,, ';~ ;'_iC CALIFC~:fJ~,>
' '~.. ~~ ~~%E L"d
276 Guava Ave., Ghula Vista, caur. y~u~u
(This area for official notarial seal)
STATE OF-------------C~I3.~Q~1~~- ------------------------
ss.
COUNTY OF---~4I~-__D~.1:g4----- -------------------- ----
On this --~.Q~Yi------day of---- --- ------ -~t.1~;5~'---- -- - ----------------~ in the year 19_~.,
before me ~~'_-~' ~• %~~~~'~=t' ~-~~
a xoTnxY rusLtc in and for said County and State, personally appeared_--_________________-__
• _ , • _ • • •: ,:,,..• .• : ,• .• • • known to me to be the person whose name is subscribed to the within instrument as the
;,~IAt'SFAt'~'• ~•'; Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl-
., (\~, » !+^;,, F V. MAUR ICIO 's' edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM-
,t': ' ~ ~ •;,j ~„~; ~",;t < <ti~~. ~ viA =: PANY thereto as principal, and his own name as Attorney-in-fact.
~ ' ~ ,-~~~, ,y; v ~ N .i IN WITNESS WHEREOF;~I have hereunto set my hand and affixed my official seal, at my
", i „~ . r i' office, in said County ar~d State, the day and year in this certificate first above written.
. - .-
~,;y ~.Oh +_.i-;; L>:r. u/ 27, 1975
i ~
otary Public in and for said County and State
My co mission expires -- -- ---- -- ------- - -----------------
360207 - 5-66
,---,
" 1 ~-'?`' ' "`~ Bond No • 730 2517
^' .~. ~_!,~~ i i;'~ r _ '[~,-I~,~; `~;L~ ?^~~ , `l}~t<t i/~;'~: RUSSELL ASSOCIATE
S,_,,~a Limited
~:; ~ii` S~~i;.C11.CJ_U_Cr ui1C: ~
_ _:_lt'Gsi~c~.~ ~
, un~,
1 tr~eFIREMAN S Partnership
FUND- INSURANCE COMPANY
-, ~
~- - ~...
.~~~ ~~__ of .
California
as Sur
t
-_- -----______..._.__.___...__. e
y, =a'r~
~__..____.-~
i:cl :lied fir.rnl~~ bo~4.i:~? unto ~.h~~ City of Chu]_a~ V _st a mt..I r,
i , ~ , ~ icipal cora~o
tio.~
.._~.
,
ire iii" Coin?ty c Y: S~.i Diego, St :,.'=e of Cali fori~ia_, aI?d to chid. for ti.e k~enefit
of any and ~'.l pcrso.r.s ~,~ho may sllf~:e r da.n~age b~~ reason of the ;area.ch of
file conditions i;cr-eo_ , in tie penal suer of ELEVEN HUNDRED AND NO/100---DOLLAR;
($_ 1 ~ 100_._00 _ ~ ) ]. awft.]_ money ct the Ur:i.ted States oi: fiTM~eri. ca, to be rJaicl
to tr;e said City of Chula Vis'~a,
Y:IIEY.F:?1S , the s~_i.d Pri_no~i_pal is presently ngaged in ~ubcL'idi ng
certai?~ land.. to be known as NEAPOLITAN VILLAS
subdivision in i.he
City of Chula. Vi_stu, irl ~.ccnrd=~r.ce with the Cor~t~ract i:or Coln~~letion of
?mprover,onL-s authorized b1~ r_esolution
U7~~ERJiiS, the Saki I'rlnclp~~l des~.res not to sot durable rnnumei~t~
t^2"lOI' t0 t~:E'_ reCOI"C~ ~t.i_OZi of t17E' f1i?a]. i?~c:;T.7 Of ti7i' ;>>_l~iCl1~J_slOn ai7d CiESi?"`3
rd CJ~'o, ±'HERrFQI~F, t:.Ilc COndltlOn of the a}:,'OVe Obl.l.gatlOn 1S ti?at ii tile?
Principal s~~al_1 have set durable monuments of the survey by INTER-CITY
E1~IGINEERS INC ~ (name o
__ , ~• ~_, as per the final map of said subdivision, a ropy of
Engineer)
~~hi_ch is 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
ti~cugh her; set ford-~. in full, and according to the ordinances cf the
City of CiZU?.a Vista in fore` ar~d effect at the timo of giving of t; i.s bond-,
on or before the expiration of thirty (3Q) consectrti~J~e days foll.o::rina
cornl~letion and a.cceprar.ce of public improvements within sai.cl subdi_vi sion,
then the obli_ga.ti_or. sriall be void, etherG,~ise to r.elrain in full for;;e and
effect.
IN ~ti'~.`.Ci~1E:S5 t•dri~Ir'0', tine said Principal and Suret~,~ have herEtinto set
their hands, ths_ day of Au ust 10
~\ /'~
City r~i.to~-nr~~v
~':°~-L-34
anti
19 71
.E S . -_
"puss-P~1ar ~~AveTo~r~~ent), Tn~,
se 1, eneralPartner ~~~4
~_INSCI,Ij. NA rF ('nMPA~ ~ Sur~~,cr 1
~-- T~f~ttornny- ~ n-Fact
A. Allen Moss
--_~ /
S~` ~~rZ
,, j'' r'
,,.
~~~-_
- ~,`
~_
TO 449 C O
(Corporation) ~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ~ SS.
T O^ AUgl1St l7 ~ 1971 before me, the undersigned, a Notary Public in and for said
State, personally appeared Monte Russell
w known to me to he the President, and ,
tr
m known to me to be Secretary of the corporation that executed the within Instrument,
Z known to me to he the persons who executed the within
~ Instrument on behalf of the corporation therein named, and
°' acknowled ed to me that such cor oration executed the within
~ instrument pursuant to its by-laws or a resolution of its board _
of directors. '~ ~ U~FI(.~I~1L S[F,L
~ rti r ~ ~. Tn;vnsend
WITNESS m band and official seal. •
y y •_,._ ~ i~\ - ~_1 t i~~ CFLfCORNdA
Signature ~ ___ l 1i~'t ~~"~~~ IN
C^ C.., ~.~~ si;~ _~ ~l...J Ir~~t1, SC;;tiTY
+,y 19T1
Marjorie S . Townsend 276 Guava Ave., Chula Vista, Calif: 92.(19
Name (Typed or Printed)
(This area for official notarial seal)
STATE OF-~a.~ifnrnia-- --------- ------------------------ -
ss.
COUNTY OF---_~~Il__S't~.fl~fl -_-- ___-- -----------_-__--
On this-_____'LQ1;.};______day of__________l4t1gL1&~_ ___________________ in the year 19_~_~,
before me, ---------- --- jf; -~Llx_~,G.lp_
a xoTnxY rusrrc in and for said County and State, personally appeared_________________ __ -_
----------~~3 _~4.~_ --------
known to me to be the person whose name is subscribed to the within instrument as the
Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl-
edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM-
- .»:•~-•-•:.: •«:.»..-..•..-..•.~_.•.:»:•«•«;«;.= PANY thereto as principal, and his own name as Attorney-in-fact.
«~ ~'~=°~ +«•• prs rr ~~ :rr,t ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my
-~_--•-; : ;1',uir_ V. P_"F',U^ICIO •i office, in said County and State, the day and year in this certificate first above written.
~ v ` + ~u:NtA .
+ .. /
\i .,~ "~ ~.,,. .1, ~ ,~ f ,~
tp )
• I'.~jl (,0"1"+t:ir.:~ICt'i 1`.i:Yn,~., ;,".a,f 2], 1Q~5 •__• Notary Public in and for said County and State
My commtsston exptres _ - ---- - - -- -- ---- ------- ------ -- -----
360207 - 5-66
/`~~ '?
+ i