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HomeMy WebLinkAboutAgenda Statement 1972/01/04 Item 09CITY OF CHULA VISTA STAFF COMMENTARY ON AGENDA ITEM N0, 9 CITY COUNCIL MEETING OF: January 4, 1972 ITEM TITLE: Resolution - Approving agreement for extension of time on deferral of public improvements on Center Street Marjorie M. Miles INITIATOR: Director of Public Works /City Engineer ACTION Approval of agreement for time extension and authorizing the REQUESTED: Mayor to sign COPY Of Resolution QX Or Agreement Q Plat attached BACKGROUND: On January 16, 1968, Robert A. Miles was granted a deferral of the requirement to install public improvements under Phase 12 of the 1911 Block Act. The improvements were to consist of curb, sidewalk and paving on the north side of Center Street, east of Fourth Avenue. On July 15, 1969, Marjorie M. Miles was granted deferral of public improvements an additional- on subject property to June 30 1970. She was later permitted to extend this time through the payment of the bond limitation premium. The expiration of the bond is January 2, 1972. date On December 7, 1971, Mrs. Miles was notified by Division that the bond the Engineerin was to expire on January must either install the 2 and that she ._ mprovements or request from the City Council. an extension On December 14, 1971, the City Clerk received a Mrs. Miles letter from requesting a continued deferral until. her property. the sale of See EXHIBITS 53: No. 1 FINANCIAL Pacific Employers Insurance Co. bond No. M128277 in the STATEMENT: of $1900 is posted to guarantee the installation amount of the required public improvements. COMMISSION -BOARD RECOMMENDATION : Not applicable. DEPAI:T1,1R1;7-T Approval of the deferral agreement to December_ 31, 1972 is RE COMMEI ;'T:1 '1C?N: racommended subject to appropriate pond or lien requir.emerlts, wi.?h the following exceptions, Public improvements shal.1 be ir15talled: 1. When public i.mproveme�n.ts are coristzuctcd on the south side of Center Street, across fx-om subject prr,per_t.y. 2. t�v'h0 -_1-1 improven,:�nts i;7 excess of $5,000 are made on sub-ioct CZ ,QAIVA property. 7JV: Concur Form No. CA 100 REQUEST FOR COUNCIL ACTION DATE: December 23, 1971 /7 FROM: Lane F. Cole, Director of Public Works TO: City Attorney SUBJECT: Extension of Time, Deferral of Public Improvements on Center Street, East of Fourth Avenue Your office is requested to prepare the necessary [X] Resolution; [ ] Ordinance; [X] Agreement; to be presented to the City Council for action on January 4 , 19 72, on the subject matter. Supporting information: (Use other side if necessary) On June 6, 1967, the City Council approved a 1911 Block Act, Phase 12, and authorized the City Engineer to mail the "Notice to Construct." Included in Phase 12 was property owned by Robert A. Miles, located on the northeast corner of Fourth Avenue and Center Street. Mr. Miles was required to construct the public improvements along the Center St. frontage. These improvements consisted of 230 lineal feet of Type "G" curb with monolithic sidewalk and 2875 square feet of A.C. paving over aggregate base. On January 16, 1968, by Resolution 4669, Mr. Miles was granted a deferral of public improvements to June 1, 1968. On July 15, 1969, by Resolution 5292, Mr. Miles's widow, Marjorie M. Miles, was given an additional extension of the deferral of public improvements to June 30, 1970. A bond in the amount of $1900 was posted to guarantee -the installation of the street work. Mrs. Miles was permitted to extend the construction time via submission of evi- dence of premium payment for the bond. The bond, numbered M128277, was written by Robert F. Driver Co. with Pacific Employers Insurance Co. as surety. The bond is current to January 2, 1972. The Department of Public Works has written a letter dated December 7, 1971, to Mrs. Miles stating that no further time could be allowed without Council approval. The letter advised her to proceed with the installation of the required improvements or to make a written request to the City Council for an additional time extension. On December 14, 1971 the City received a letter from Mrs. Miles requesting such ex- tension until the sale of her property. It is the recommendation of the Division of Engineering that Mrs. Miles be granted an additional extension of time with the following condition Approval of the deferral agreement to December 31, 1972 is recommended subject to appropriate bond or lien requirements, with the following exceptions. Public improvements shall be installed: Attachments: Originating Dept. No. E -181 (OVER) i 1. When public improvements are constructed on the south side of Center Street, across from subject property. 2. 11hen improvements in excess of $5,000 are made on subject property. Please prepare an agreement for Mrs. Miles's signature incorporating the conditions as outlined. Please prepare a resolution for City Council action on January 4, 1972 approving said agreement and authorizing the Mayor to sign on behalf of the City. A A MILES hula Vista Californi 920 00 -41 Sheffield Court Chula Vista Civic Center Chula. Vista, Gentleman: City Council Calif. 92010 I received a letter from Mr. Lane Cole, Director of Public Works, stating I must put in the public improvements immediately on my Fourth Avenue Property. This came as quite a shock to me as I did not realize my extension had expired or that the extension was granted only to time of construction. I see no way possible that I will ever consttuct a building on the Fourth Avenue property. I will eventually, financially, be forced to sell this property. I am useing reserve money to hold on to this property and should I be forced to put in the public improvements would be a hardship on me. I can guess it would cost many thousands of dollars to do this. With the exhisting mortgage and my limited income I certainly couldn't go in debt to do this. I considered loaning the property to provide temporary office space for a tenant of Mr. Yorks, pending completion of his building on another site. I told Mr. Yonk I would not consider this loan of the property unless it was agreeable with the City of Chula Vista regarding the improvements. It would be benefical to me as well as?A\_thR City of Chula Vista to have the property Mr. York is intere ed in developed. My property has been maintained neatly and the Center Street side receives very little foot traffic. I would hope you will consider an extension or deferral of improvements until the sale of my site. If you are not in favor of a temporary office on my pr I will accept your decision. �Yours truly, Marjorie M. Miles RECF11 9 D OE C141971 ► �� CITY CLERK Chula Vista, Ca, / M �� 14; creaser, INSURANCEprice 406 THIRD AVENUE • BOX 1355 • CHULA VISTA, CA 92012 • TELEPHONE (714) 420 -1070 January 10, 1972 City of Chula Vista 276 Fourth Avenue Chula Vista, California Gentlemen: Re: Marjorie M. Miles This letter will serve as evidence of authorization to bond Mrs. Miles in the amount of $1,900.00 for public improvements to her lot at Fourth & Center Streets in Chula Vista. We will have the bond in your hands within a few days. CSS /ew Sincerely yours, aser,-Pl�ice Insurance Agency vouw� imvmrr /wueNr Shi N o Ch la �ClE��2 4 INSURANCE COMPANY OF NORTH AMERICA Bond No. MNR 69 61 42 PHILADELPHIA Premium $30.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Marjorie M. Miles (hereinafter called "Principal "), as Principal, and the Insurance Company of North America, a Corporation organized and existing under the laws of the State of Pennsylvania, and authorized to transact business in the State of California, (hereinafter called "Surety"), as Surety, are held and firmly bound unto the City of Chula Vista, (hereinafter called "Obligee"), in the penal sum of One Thousand Nine Hundred and no /100----- - - - - -- Dollars ($1,900.00), good and lawful money of the United States of America for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents; Sealed with our seals and dated this 11th day of January, 1972. WHEREAS, the above bounden Principal has made a request for deferral of installation of certain public improvements on property located within the City of Chula Vista, and WHEREAS, certain ordinances of said City require that security be posted to guarantee future performance of the deferred public impro- vements. NOW, THEREFORE, the condition of the above obligation is such, That if the above bounden Principal shall perform the installation of pub- lic improvements on 230 Lineal feet of property at Northeast Corner of Fourth Ave. and Center St. on Center Street, in the City of Chula Vista, California, so as to conform to Chula Vista City ordin- ances, standard drawings and specifications and improvement plans of the City of Chula Vista, then this obligation shall be void; otherwise to be and remain in full force and effect for the term of the bond. PROVIDED, however, that the obligation of this bond shall be only for the term of one year from the date above. IT IS FURTHER PROVIDED, that, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. Mlrjor ,M. "i es r >2a�ol INSURANCE COMPANY OF NORTH A/M�E,RpI/C%A BY �.� . JTGL�(.F' Ernest S. Hall, Attorney in fact POWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA I'll 11,kDEITIIIk. P1. knob) all men by tbta prOmW That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By- LaNvs, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney -in -Fact. (2) "Unless signed by an Attorney -in -Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by xvriting the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact may be appointed by the President or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys -in -Fact small have authority to act as aforesaid, whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By- Laws -of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint ERNEST S. HALL, of the City of San Diego, State of California its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. " All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company affixed thereto by the said Ernest S. Hall, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com- monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said.. __._D. H.o_..GARLOCK Vice - President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this..__... 15th _...day of __._.._Augus.t ... ....... ......... .._ .. 19. 69.. (SEAL) INSUK CE COMPANY OF NORTH AMERICA by........................ Vice- President STATE OF PENNSYLVANIA ss. COUNTY OF PHILADELPHIA On this ........ day of. August..... _....._.. ...... _... ........_., A. D. 19...._1x.9., before the subscriber, a Notary ........... Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came .. D. H,.__.GARLOCK Vice- President of the INSURANCE _ COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, '.he day and year first above written. SB -1B Notar Public. ires February 28, 1972 n d, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. W f, II have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of ,?.. _. __........l.l.t . h._ ._ ..........day of_ .... ............. J. an .u.a.ry..................____.. _19.7..2.. .. ... ....... ........ ��.V_.. ... ... Assistant Secretary PRINTED IN U 5 A P POWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA PI111. %1)E1,NII k. P:1. 3tnobi all men by tbes;e prezenti: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles :3.6 and 5.1 of the By- La-vvs, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney -in -Fact. (2) "Unless signed by an Attorney -in -Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys - in -Fact may be appointed by the President or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys -in -Fact sliall have authority to act as aforesaid, whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By-Laws-of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint ERNEST S. HALL, of the City of San Diego, State of California its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company affixed thereto by the said Ernest S. Hall, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding .. . ' , --- ----- -- -- :f +L..,., hoii h"on (1111v PXPe-uted STATE OF CALIFORNIA COUNTY OF On this _ 11th San Diego — day of January SS. in the year 1972 before me Artyee C. McGuire a Notary Public in and for the STATE OF CALIFORNIA personally appeared Ernest S. Ball known to me to be the person whose name is subscribed to the within instru- ment as the Attorney -in -Fact of the INSURANCE COMPANY OF NORTH y AMERICA, and acknowledged to me that he subscribed the name of the & INSURANCE COMPANY OF NORTH AMERICA thereto as surety and his E own name as Attornev -in -Fact. d SB -125c Printed in U.S.A. >f Not y Publiolii and for the State of California 1 id a� IN TESTIMONY WHEREOF, I have hereunto set my r1al1u a „u -.. '.he day and year first above written. SB -1 B PRINTED IN rn Cow- February 28, 1972 a, ....... ........................._................... ............................... Nota 9 Public. lssistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that CTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of 11th.. .... .............. day of ..._ ..... ..... ..... ...January ......... 19.72... ............................ Assistant Secretary U 5 A �3i January 11, 1972 Mrs. Marjorie M. Miles 600 -41 Sheffield Court Chula Vista, California 92010 The letter from Mr. Charles S. Shippey, Creaser and Price Insurance, was received certifyincr authorization to bond you in the amount of $1900. for public improvements for the property under your ownership at Fourth and Center Streets. Your check for $1900. is thereby being returned to you. Jennie M. Fulasz City Clerk Enclosure - Check for $1900. cc: Public Works Department . LAG