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HomeMy WebLinkAboutReso 1968-5011 S_O11 { G• -• ~- t`,;j ~T~`T~ v '._~ +.~~ L.Z1'~ _.h~ ~'.",_.~ Li ~ _. _ 1. L, r, ~ •r ~I~rn T _ '. T , .. ~~i ~ I - J ... _ ~ _ ~ ~ :J L.: . i L ~ ?~ ~,~ _.. ~ ;,, - ~i l.~'_J __ , ,-~-, ..... A"dD aU'~'~ORI~~`t' 'i'A _ 'O~ i ~ " L _~- U E r"C . _~ S__~:L Tree Ci-ty Counci 1 of the Citt~~ of Ch~zia Vi spa does here: y resolve as fcllo:~a NO6v, T~iEP"FORL, ~E IT nE:SCr.VLL~ that that certain agreement betE~~een the CITY Ur CHULA VISTr_, a municipal corpoYation, and Sub- divider, LES CHATEAU:, a limit.~c? pa.rtners_iip dated the 30th da.Y of Dece??~_~~r 168 for the comp~eti_on of improvements ~n that certain subc~.i~.rsion kr.efr~ as FLAIR U~1IT NO. g a copy of which i s atta.cried hereto and by ref_=erence made a part h r_e- of, the same as though fully set forth herein be, and the same is hex e:~y approved . BE IT FURTHER RESOLVED that the b?-.yor of the City of Chula Vista be, ar_d he is hereby authoriz=;d and directed to ~x~cute said agreement for and en behalf o?- the City of Chula Vista, Presented by _~ Lane F. Coin, D-rector of Public WOrKs Apprc ,red as to form b-~~ ~' ~) j 1 George D. - ndberg, City Attorn 1 ~~~ ADOPTED AhD APPROVED by the .CITY COi:~tiCIL of the CITY OF CHu1~A VISTA, CALIFOrL1IA,. ti?~_Q 30th , day of llecember , 1Q6d , by the following votQ, to-rri t. ~~ -+ AYES : Councilmen_ Sylvester ~iamilton _i~:cCorguoc~ale , i~?cAllisteri cott NAYES: Councilmen p; ABSENT: ,1 -~ Counc__m,..n ~ ATTEST ...~ ~ c>= -x. -~ __ _- ~. t~~ C.,'ee~r .x, ~/_:~. ~_ City Clerk STATE OF CALJFORNIA ) COUNTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) ~~~.-- cf the Crty of ~ ula Vi s*a I, ~ City Clerk of Vista, California, DU HEREBY CrRTIrY that the above is correct ccpy of Resolution No. , and teat the amended or repealed. DP.TED ~ ~- the City of Chu1: a full, true: and sa-~~e 'gas not ae,~-, ~-` ~ - _-- Ci,_~, Cle :~ r c, ra? T~~ o. 4 i 0 S`v'Bi11~~'1SIC~~~ 1^.~~R;J:`~r,~i^~j'j` ~_~:._`._`:~"v'1 riT r r ...~-~ .,T~,.._.~. y x _~_S r?(~i~L.F_.' r,:'~', IiiaC~c a_'1~ E'.1'l.~?r_c`.:Cj. li.~_, thl5 du of 19 b_y and Between the CI'T'Y CF CHULA VISTA, a municipal corroratior., hereinafter called "City," and LES CHATEAU, A Limited Partnership 347 Mission Village Drive San Diego, California 92123 hereinafter called "Subdivider," 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 ~lista for approval and recordation, a final sub- division map of a proposed subdivision to be known as FLAIR Ur1IT NO. 4 pursuant to the provisions of the Subdivision Niap Act of the State of California, and iD. 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 a.ppro~,red by the CcL:ncil of the City of Chula Vista, Subdivider must either have installed and co~~~pleted 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 t'r,e Council for purpose of recording in the Office of the County Recorder of San Diego County, or as an alternative thereof, that Subdivider shall enter into an agreement ,pith City, secured by an approved improvemer_t security tc insure the performan::e cf said work pursuant to the requirements of Chapter 28 of the Chula ~~%is~a City Code, agreeing at its own expense to install and co^-:p1_ete, free of liens, all of the public improverner.ts and%or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEP.EAS, 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 complete at its owr. expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City an improvement security as approved by the City Attorney, and fore beer. contained September WHEREAS, a tentative map of said subdivision has hereto- approved, subject to certain requirements and conditions in Resolution No. 4904 approved on the 10th day of 19b8 and ~ _. WHEREAS, complete plans and specifications for the construc- tion, installation and completion of said public improvement work have been prepared, submitted and approved by the City Engineer as shown on Drac~~ing No,68-120D thru 68-12oD , on f~_le it the office of the City Engineer of the Cii,y of Chula Vista, and WHEREAS, public improvements been s~zbmiLted , a.~d FORTY-NI*+E THOUSAND 0149,87'.00) an estimate of the cost or construct.~ng said .according to saiu x,lans and specifications has aporc.~ed by the City, in t.~e amount of O~;E HULIDRED EIGH~i' HUNDRED SE~~NTY-FCUR AND NG/100 DOLLARS, -1- l_ ~~~~ ~ -~ v ~. ~_ t0 \:%I1 ..Ci1 ~:°_T~ ;-'' _.~..._ !.tl ~, L'"1:.:r._:): ~ ~ ,...,~fl nC _._ _ ~r.'Y11C`1 P_S..w'i~1Lr'. j.S %±t~~dCt1Q.>~l ntr~~'i.~~ _:)._~~!:~3C~ "Y.a.7.,..'.:it~ :3" -~:1... a',~idi. C ~~al~C ~lc'_rE'Of, ~:T1Ci tivHERF':15, ih:~ estimat~.c~. ~.o~~._ .~s =,p,rov:>c_ by tiro City fey the l.nstu?_lat~arl O?" c.1 .i_ IT:UnU;?'"l~~ iS :~tt~Ci:~~ci ileL'e~o, mar'~eci 'rEs.hibit ~''~ and mau'=~ a part i;~reot= FOLLO~dS NOS^r , 'I'i3ERE ~'URE ,. I'I' l S '~iL'TUAi~L'Y U^~DEkSTUUD AND AGREED AS To comply with all of the re.~ruirement5 of_ the tentative map resolution; to do and perform o.r ca)_>,se to be done and performed at its o~~xn expense, without cost to City, in a good and workmanlike manner, and<~r the c~~rection and to the satisfaction and approval of the City Engineer, a11. of the pu.;~lic impro~•Jeme~lt and;'or land development work required to bc~ done ~n and adjoining said subdivision; and will furnish the necessa-r.y materials triereior, all ir. strict conformity and in accordance ~~~ith the plans and specifications, which documents ha~,~e heretofore begin filed ~r, the office of the City Engineer and by this reference aye incorporated herein. ar_d. made a pari hereof, It ~.s expressly !lnderstood and agreed that all monuments have been or c~~ ; 11 be instal ]_ed with n 30 days after the completior_ and acceptance of the re`~u,_red impro•,-~e^~onts, a.rd that Subdivider has installed or ;al]_1 insta_Ll teirpcrary street name signs if permanent street name signs hav` not been inst~~lled. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements required n.nd~r tree provisions of this contract to be done on or before the first anniversary date of the recordation of the map of said s~a.b- d1V'iSiOn or, whichever is the `~ar ~i i e~- . It _~.s expressly understood anal a~ reed ghat the subdivider will perform said improvement work as set forte hereinabove or that portion of said improvement work ser.v=na any buildings or structures ready for occ.Lipancy ~n sai.d subd~vi~ion prior to the issuance of any cer. of ~ cate of c ~earance for utility cer_nectlons to "the Sar. Diego Gas and Electric Company for said buildings cr structures rn said subdivision, and such certi-ca.te shall not be issued until the City Engineer has certified in err-icing the complet ;_an of said public improvements or the pi-otion thereo~ serving said buildings or structures approved by the City, provided, however, that the improv~mer.t sec~.~~rity shall not be required tc co~~er the provisions of this paragraph, and :Lt is also understood and herein expressly agreed to by Subdivider that .zr~ the performance of said work, Subdivider will con- form to and abide by ali of the provisions of the ordinances of the Cite of Chula ~,'ista, file :.oda cf the City of Chula vista, and the laws o= the Stave of California applicable to said work. Subdivides further agrees that simultaneously with the execution of th.-s agreement, it will furnish and deliver to City an approved improvement sec.lrity ~n the suet of ONE HUNDRED SIXTY-FOUR THOUS- AND EIGHT HUiv`DRED SIXTY-ONE AND N)/100 DOLLARS .......($164,861,n^ 1, which security s'_.all ;uarantee the faithful performance or this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part hereof. Subdivider further agrees gnat simultaneously with the execution of this agre`~lont, it will. furr!isrl and deliver to City an approved improvement security ~n the su_rn or. THR_LE THOL'SAi~1D AND NO/100 DOLLARS J, $3 , 0 0 0. 0 0 ) , to secure the installation of monuments, ,.~:izrch security is attached hereto, marke? "Exhibit D" and made a part hereof. Tt is further agreed_ that if the public improvements are not. comviet~d within: the ti;T~.~ agreed herein, the sums provided by said improvement sec~.~rity may be uses. hJy City for the completior_ of the aubi is impr'CV.'-'.:TiE?I7%5 within s=~_.d subdivision it accordance with spec;~.fications cor.ta.~.ned harem. ,l -7_- r Form ?~:o. ~? 0 Pane 3 U~/C~i~ CC:= t 1 i_ i_t.a'..~~n O?~ CC; ii:t~! r t.=1_Q'". ?;> 5~1C: C1ty E:7g11~.CC_'r ar1C1 aCC°pL.cir;CC G Sa1.C~. ..`~?";i r~J ~:Ytl aCICt C~itCr ..~:i=tlr~_CcttlOn Cif tr1E'_ ~'lI1~T1CF_' Officer tnat= d-l l C~O_,r.S t':`_cY''_O ~ LE? ti.l ~.J pa-id, tLlE~ ~;~1Glc'' amotlili`, Or any balanc~~ G1: say ~i su?n r.ot rE'~;~:' rr~d fGr_ p~1y-n~~-T:~ thereof , :~iay be releaSeci t0 Sill~d:iVldet, Or LtS ySUCCeSSOrS In interest pursuant to trio teS'mS Of the lIt7prUVF'?'?F~nt :~:_.'^ur 1t1~ . it is also e?:pressly agreed and understood by the parties to this agreement tiZat in r_o case will the City of Chula Vista or any department, board er officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor s)Iall any officer, or his sureties or bondsrlen be liable for the paym~r_t of any sure or sums for the above-mentioned work or any materials furnished therefor, except to the limits establishnu by the approved improvement security in accordance with tre requirements of the Subdivision ~~tap Act of the State of California. and the provisions of Chapter 28 of the Chula Vista City Ccde. It is fu.r.ther understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the improvement plans and the installation of the public improvements hereihabove provided for, and the cost of street signs and street trees as required by the City and approves. by the City Engineer shall be paid by the Sub- divider and that Subdivider sriall have deposited with the City a sum of money sufficient to cover said cost. 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, c~~ater and sewer lines within the proposed subdivision. It is further understood and agreed that the Subdivider shall guarantee all public improvements for a period of one year from said date of final acceptance and correct any and all defects cr deficiencies arising during said period as a result of the acts or omissions of the Subdivider, his agents cr employees in the perfor~<<ance of this agreement. That upon: acceptance of the work on behalf of the City, the Subdivider shall grant to the City by appropriate conveyance the improvements constructed pursuant to this agreement, provided, however, that such acceptance shall r.ot constitute a waiver of defects by Clty as set forth hereinabove. It is understood and agreed that Clty shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the ,acts or omissions of Subdivider, his 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, delr,ands, causes of action, liability or loss of ary sort, because of or arising out of the acts or omissions of Subdivider, his agents, or employees in the performance of this agreement, provided, however, that the approved ~mprovemer.t security shall not be required to cover tree provisions of this paragraph. Said demnifi~ation and agreement to hold harmless shall extend to damages or taxing of property resulting from the construction of said subdivision ar:d the public improvements as provided herein to adjacent property owners as a consequence of the d~t~ersion of waters in the construction and maintenance of drainage =ysten,s and the approval of City of the improvement plans as sublr:itted by the Subdivider sha=i not constitute the assumption by the City of any responsibility for such damage or taking nor shalJ_ City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved i.mpro~ement plan. -3- ~~ <~ ~ ~/ r~ Form vo , 41U • Page 4 Irt the L~%E?11+=" that: Si.i i_ ` 1S brOU~~'tlt L]pO~i tiilS CJ.1traCt by C1LV '.:-~ e:i~C?.CCc tt.«~ tc'.`"li?~ rti~]"`'G , C] t:y Shc 11 'uE entltl_ed t0 a redSOI?- abi^ ~urtt as -att_orn~~y' s fees . IN 6v7IT~1:~S5 YdhI;RLOr , City has caused this agreement: to be executed by having aft"fixed thereto t'rle sic;nature of the Mayor of said City, acting under and pursuant to Resolu~ion No. of the City Council of the City of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE ~i'Y OF' CHULA VISTA f/ /// ~ ,,.-~: ,f/ LL- ~ // your SUBDIVIDER, LES CHATEAUX, A Limited Partnership by: American Housing Guild-San Diego by: Stan vetopment Co. .~~ re Ten~_- __ 1arvey urgatc cr ary Improvement Completion Date: Dec. 30, 1969 Improvement Securities for Subdivision Improvements: Form: L-C - Guild Mortgage Co. Amount: $82,430.50 Monuments: Form: L-C - Guild Mortgage Co. Amount: $3000.00 Approved as to form by ., `(~ %~ ~ C' y Attorney l.- -~ GUILD MORTGAGE CO 3 2 4 7 M I S S I O N V I L L A G E D R I V E S A N D I E G O C A L I F O R N I A 9 2 1 2 3 2 7 7- 8 8 1 1 December 11, 1968 City of Chula Vista 276 Guava Avenue Chula Vista, California Gentlemen: We hereby establish our irrevocable Letter of Credit in your favor for the account of LES CHATEAUX, by: American Housing Guild-San Diego, by: Stan Development Co. for an amount not to exceed in aggregate $164,861.00 which amount shall be designated by the City of Chula Vista as an improve- ment security for the following purposes: A. Improvement security given for the faithful performance that certain agreement by and between the City of Chula Vista and LES CHATEAUX in the sum of $82,430.50 being fifty percent (50%) of the total estimated cost of the improvements plus ten percent (10%) contingency. Said amount is available for payment as stipulated herein. 1. For payments of invoices signed by contractor covering subdivision improvements in and adjacent to FLAIR UNIT N0. 4. Said invoices must be approved for payment by LES CHATEAUX and the payment of these invoices so approved will be made as follows: a. g0% of the amount of the work certified to have been completed by the City Engineer as described under Item l.a. (2) below will be paid provided the contractor's invoices approved as stated above are accom- panied by: (1) Contractor's lien releases, and (2) Certificate of Acceptance issued by the City Engineer certifying the completion and acceptance of the work covered by said invoice. This Certificate of Acceptance does not constitute approval or acceptance by the City Council of the City of Chula Vista of the work done. (Continued) ~ !~' ~~,f/ December 11, 1968 -2- Flair Unit No. 4 b, The remaining unpaid balance of the value of the work completed, as certified by the City Engineer, by the Certificates of Acceptance presented to us, together with invoices and contractor's lien releases as specified above, which balance is 10% of the amount of the work completed, as certified by the City Engineer, plus 10% contingency, will be paid to contractor when the GUILD MORTGAGE CO, receives, in addition to the documents requested above, a certified copy of the resolution of the Council of the City of Chula Vista by which the City of Chula Vista accepts the work covered by all of said invoices; provided, however, that the amount available under this credit has not been previously exhausted by payment in full to the City of Chula Vista as stipulated under Item 2 of this Letter of Credit has expired. 2. Payment in full to the City of Chula Vista of all the funds then remaining unpaid under this Letter of Credit upon receipt of a letter from the City of Chula Vista addressed to Guild Mortgage Company stating that the work has not been performed as agreed, and accompanied by the resolution of default adopted by the Council of the City of Chula Vista, to be used in an amount as required by the City of Chula Vista to satisfactorily complete the improvements as agreed. B. Improvement security securing the payment to the Contractor, his sub- contractor and to persons renting equipment or furnishing labor or materials in the sum of $82,430.50, being fifty percent (50%) of the estimated cost of the improvements. Said amount may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City of Chula Vista, provided further that if there are no actions filed, said amount may be released in full at the termination of said six month period. This special Letter of Credit expires (6 months from date of completion and acceptance of improvements, which would be July 15, 1968) unless previously exhausted by payments as provided herein. We hereby agree to make payments as specified above provided you deliver to us on or before Juty 15, 1968 the documents complying with the above stipulated terms and conditions. Very truly yours, GUILD MORTGAGE COMPANY by: arvey rgatc Vice President ,~ ;° ._ GUILD MORTGAGE CO. 3 2 4 7 M I S S I O N V I L L A G E D R I V E S A N D I E G O. C A L I F O R N I A 9 2 1 2 3 2 7 7- 8 8 1 7 December 11, 1868 City of Chula Vista 276 Guava Avenue Chula Vista, California Gentlemen: This corporation is legally constituted corporation, organized and existing under and by virtue of the laws of the State of California. In accordance with the requirements of pledge monies as provided by California Business and Professions Code Section 11612, this corpor- ation certifies that there are funds available in the amount of $3,000.00 which is to be used only for the purpose of setting survey monuments in and pertinent to FLAIR UNIT N0. 4, a subdivision located in the City of Chula Vista, County of San Diego, State of California. Guild Mortgage Co. hereby represents and certifies that it is a financial institution subject to regulations by the State or Federal Government within the purview and meaning of Business and Professions Code Section 11612. Guild Mortgage Co. hereby agrees and guarantees to disburse such funds on behalf of the aforementioned setting survey monuments and for no other purpose and should such eventuality occur, as the installation of survey monuments not being completed within twelve (12) months from this date, such funds remaining are to be paid to those completing the aforementioned work as determined by the City of Chula Vista or their designees. This instrument is furnished pursuant to an agreement between FLAIR UNIT N0. 4 and the City of Chula Vista, relative to the installation of survey monuments as shown on the Subdivision Map on file in your City Engineer's Office, as approved by the City Engineer and the Council of the City of Chula Vista. Very truly yours, GUILD MORTGAGE CO. B Y : ~w Harvey Furg tch, a President '- `~ ~, 1 I State of Ca 1 i forn i a ~ SS. i County of San Diego I On December 11, 1968 ' before me, the undersigned, a Notary Public in and County, California, for.....S,an..Die~go ..................... ` j personally oppeorea Harvey Furgatch _~ '' V-i Ce,.....President, and ' ~ known to me to be the ............. `n ' th~o tort oraelionothane ...... . . .................Secretary of .~ ~; P t executed the within instrument, a ,I and known to me to ue the persons who executed the ;~ I within instrument on oeiiaif of the corporation therein { Homed, and acKnowiedged to me that such corpora- '. lion executed the within instrument pursuant to ifs ' 3y•Laws or a Resoiurion of its Board of Directors. I WiTNtSS m and and offiual seol. ~ ~I 15;8 ,HK - - ~~ ... ~. - ~ .. _ ~ , ^-,I~aA ; ~ ~.cr.. _ ~ i ." y 5 j ~ it l ,~~_ ~ ~., 4~ ~~--~~ ~ - _ - ~. AMERICAN HC"'SING GUILD '~"~ 3247 Mission .age Drive $an Diego 23, California PLAN CHANGE ORDER ~ GRADING PLAN ~ FILE MAP ~ IMPROVEMENT PLAN ~ PLOT PLAN ~] HOUSE PLAN ~ OTHER SUBDIVISION: UNIT NO: SEC. NO: LOT NO: REQUESTED BY: ORDER TAKEN BY: DATE: / / CHANGES: Last two paragraphs read: B. Improvement .security securing the payment to the Contractor, his subcontractor and to persons renting equipment or furnishing labor or materials in the sum of $82,430.50, being fif~y percent (50%) of the estimated cost of the impro- vements. Said amount may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City of Chula Uista, provided further that if there are no actions filed, said amount may be released in full at the termina- tion of said six month period. This special Letter of Credit expires (6 months from date of completion and acceptance of improvements, which would be July 15, 19x:9 unless previously exhausted by payments as provided Herein. We hereby agree to make payments as specified above provided you deliver to us on or before July 15, 19(`9 ,she documents complying bNl th the above stipulated terms and conditions. WORKED BY: DATE: / / REVISION DATE NOTED: / / PRINTS: NO. TYPE: B. P. ~ B. L. [] DELIVER TO: .~~ir y V r. I ® , GUILD MORTGAGE Y CO. 3 2 4 7 PM If8/0N V I LLA06 DR I V 6 S A N D I E G O. C A L I F O R N I A X 2 9 2 8 277.681 1 r;. December 11, 1968 =~ r City of Chula Vista 276 Guava Avenue Chula Vista, California Gentlemen: We hereby establish our irrevocable Letter of Credit it yo::r favor for the account of LES CHATEAUX, by: American Housing Guild-San Diego, by: Stan Development Co. for an amount not to exceed in aggregate $164,861.00 which amount shall be designated by the City of Chula Vista as an improve- ment security for the following purposes: A. improvement security given for the faithful performance that certain agreement by and between the City of Chula Vista and LES CHATEAUX in the sum of $82,430.50 being fifty percent (50%) of the total estimated cost of the improvements plus ten percent (10%) contingency. Said amount is available for payment as stipulated herein. i. t~or payments of invoices signed by contractor covering subdivision improvements in and adjacent to FLAIR UNIT N0. 4. Said invoices must be approved 'for payment by LES CHATEAUX and the payment of these invoices so approved will be made as follows: a. 90% of the amount of the work certified to have been corrlpleted.,by the City Engineer as described under Item l.a. (2) below will be paid provided the contractorls :rvo:ces approved as stated above are accom- panied by: ~• (1) contractorls lien releases, and (2) certificate of Acceptance issued by the City Engineer certifying the completion and acceptance of the work covered by said invoice. This Certificate of Acceptance does not constitute approval or acceptance by the City Council of the City of Chula Vista of the work done. (Continued) ,C~- 5~.r o 0 December 11, 1968 -2- Flair Unit No. 4 b. The remaining unpaid balance of the value of the work completed, as certified by the City Engineer, by the Certificates of Acceptance presented to us, together with invoices and contractor°s lien releases as specified above, which balance is 10% of the amount of the work completed, as certified by the City Engineer, plus 10°~ contingency, will be paid to contractor when the GUILD MORTGAGE CO. receives, in addition to the documents requested above, a certified copy of the resolution of the Council of the City of Chula Vista by which the City of Chula Vista accepts the work covered by all of said invoices; provided, however, that the amount available under this credit has not been previously exhausted by payment in full to the City of Chula Vista as stipulated under Item 2 of this Letter of Credit has expired. 2. Payment in full to the City of Chula Vista of all the funds then remaining unpaid under this Letter of Credit upon receipt of a letter from the City of Chula Vista addressed to Guild Mortgage Company stating that the work has not been performed as agreed, and accompanied by the resolution of default adopted by the Councll of the City of Chula Vista, to be used in an amount as required by the City of Chula Vista to satisfactorily complete the improvements as agreed. . B. .Improvement security securing the pay contractor and to persons renting equipmen in the sum of $82,430.50, being fifty pl of the improvements. Said amount may, acceptance of the work, be reduced to al all claims on which an action has'been writing to the City of Chula Vista, prop. actions filed, said amount may be relea~„ ~, said six month period. i, This special Letter of Credit expires (6 mole acceptance of improvements, which would be ,-_: exhausted by payments as provided herein. l`++ as specified above provided you deliver to t~d documents complying with the above stipulate;- 'o Very truly yours, "< o GUILD MORTGAGE COMPANY '~`~ F ;ti ~by: arvey rgatc , Vice Presidene i o Y ~, r /1 _"\~ inept to the Contractor, his sub- t or furnishing labor or materials., Moto of Ca 1 i forni a SS. County of San Diego On December 11, 1968 before me, tho undcrsipned, o Notory Puulie in an• Por ........s~!~.. ~.I e94 ...................Covnly, Coiifornio pcrsonoiiy appcored ° Harvey Forgatch known to me to be the....... V.i.Gt„........Presidcnl, on• •known to me to be tile ............................Secretory o • ehe eorporolion Ihol executed the within instrument- onci.known ro me to be the persons who executed th. ' within instrument on uchoif of the torporotion Ihcreir Homed, and ocknowied~ed to me Ihot such torporo lion executed the within instrument pvrsuont to il. By•Laws or o Resolution of its ~oord of tJireeloro. WiiNcSS nd and officioi ,eol,/' ~i ~a~i._" ' ~ . y `'- ~ hvT.\^`~ FGS~iC C: UfC,iNIA i q Y ~~''( P•'.1?dC'?Al CFFi~c IN ~«+,. ~ SAN DICCO, CCUNiY NiY Commission Exp?re:. Sc;,t. C, 1772 AMERICAN HC"'SING GUILD 3247 Mission .cage Drive San Diego 23, California PLAN CHANGE ORDER ~] GRADING PLAN ~ FILE MAP ~ IMPROVEMENT PLAN [] PLOT PLAN ~ HOUSE PLAN ~ OTHER SUBDIVISION: UNIT NO: SEC. NO: LOT NO: REQUESTED BY: ORDER TAKEN BY: DATE: / / CHANGES: Last Paragraph reads: This instrument is furnished pursuant to an agreement between FLP,II~ UNIT N0. 4 and the City of Chula Vista, relative to the installation of survey monuments as shown on the Subdivision P~tap on file in your City Engineer's Office, as approved by the City Engineer and the Council of the City of Chula Vista ,' ~r_.- ,.. ~ r `. a°' ~ ~+-~ o**'r 4 .; "" -,. C '~ -~ ;~ r -t ,. ~~ ~~J~~_. 4i b ~_ L ,~ ~-~~, WORKED BY: DATE: / / REVISION DATE NOTED: / / PRINTS: NO. TYPE: B. P. ~ B. L. ~ DELIVER TO: ~'-sai~ ..~ GUILD MORTGAGE -' CO. ~~~ 3 Y 4 7 M 1 8 8 1 0 N V I L L A G[ D R I V E SAN D I E G O , CALIFORNIA 9 2 1 2 8 2 7 7- 8 9 1 1 December 11, 1968 City of Chula Vista 276 Guava Avenue Chula Vista, California Gentlemen: This corporation is legally constituted corporation, organized and existing under and by virtue of the laws of the State of California., in accordance with the requirements of pledge monies as provided by California Business and Professions Code Section 11612, this corpor- ation certifies that there are funds available in the amount of $3,000.00 which is to be used only for the purpose of setting survey monuments in and pertinent to FLAIR UNIT N0. 4, a subdivision located in the City of Chula Vista, County of San Diego, State of California. Guild Mortgage Co. hereby represents and certifies that it is a financial institution subject to regulations by the State or Federal Government within the purview and meaning of Business and Professions Code Section 11612. e tgn ~ Guild Mortgage Co. hereby agrees and guarantees to disburse such funds on behalf of the aforementioned setting survey monuments and for no other purpose and should such eventuality occur, as the installation of survey monuments not being completed within twelve (12) months from this date, such funds remaining are to be paid to those completing the aforementioned work as determined by the City of Chula Vista or their d s' ees ------ This instrument is furnished pursuant. to an UNIT N0. 4 and the City of Chula Vista, relf of survey monuments as shown on the Subdivi~ City Engineerls Office, as approved by the i of the City of Chula Vista. Very truly yoursv GUILD MORTGAGE COo BY: Harvey Furg tch, a President ~i ,~ n v d ii `•, J ~~. ~~~ Y I j Slate of California ~ S5. County of San Diego C1n December l l , 1968 before me, the undersigned, o Notary i'ublic in and for .....5,3.[q..DiegO...........•........-County, California, pcrsonolly~appeored Harvey Furgatch known to me to be the.........Vl.~~......President, and known to me to be the ............................Secretory of the corporation that executed the wi-hin instrument, and known to me to Uc the persons who executed the within instrument on uchoif of the corpora-ion therein Homed, and acKnowledged to me shot such eorpora• lion executed the within instrument pursuonl 10 ill By•Lows of o Resolution of its 8oord of Direerors. WiiNi:SS m and and oft~i}ci.~ol •eol. 1',< 1S,e fj•"`~,~ ~ __t '...rn^v FG^.';c cr•uro;Nt,~ 1 ~~,,::,,~~ sn~ ~~i.co. ccv~tr i NiY Commission Exp` . ; ,• ._ ;rte -, . ..........~...r....., ..-.. .... _._, . _. ~' -~ January 14: 1.959 .Les Clst teaux 3247 ~issior~ Village Drive 5s~1 Uiega~ Cam, .far,n3.a 9212 Gea~tleajeu: ~inelased fox your Fiat i$ eertified copy of Couxicil Resalutian sta. Sflll appravi~ ~greewex~t far the cc~pletian of i~provets in F~lsir Unit Aic~. 4, together with copy of agreement and letters of cr~tdit. A,~,gp enclasesi ire certified copy of C©waci?~ yes©lutiear IWa. 3fl12 approving final p c~' said aabdivieic~. Very #ruly yaure~~ ~etuyeth P. ~apbel2 City Clerk i'~