HomeMy WebLinkAboutReso 1987-13002 RESOLUTION NO. 15002 q 519
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BONITA LONG CANYON PARTNERSHIP TO NOT PROTEST
THE FORMATION OF AN UNDERGROUND DISTRICT AT THE SITE OF
A PROPOSED CHURCH ON OTAY LAKES ROAD
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and BONITA LONG
CANYON PARTNERSHIP to not protest the formation of an underground
district at the site of a proposed church on Otay Lakes Road
dated the 5th day of March , 1987 , a copy of which is
attached hereto and incorporated herein, 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
J~hn P. Lip~it~, ~irector of ',~TJhdmas J(~arron, City
P6blic Works/City Engineer Attorney ../
0374a
51i
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 21st day of Ap~-il
19 S7 , by the following vote, to-wit:
AYES: Councilmembers HcCandlJ. ss~ Nade~ M~lcolm
NAYES: Councilmembers NoDe
ABSTAIN: Councilmembers Cox
ABSENT: Council members
' - -Ml~or/~of the City ~F Chulo Vista
ATTEST //~
~ City Clerk
FATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13002 ,and that the same has not been amended or repealed
DATE D ~
City Clerk
CITY OF
CHULA VISTA
CC- 660
~ ~D . ~ Revis~c~ 4/20/87
vJ 507 ....
VEF(A i_.[ 'i L L
AGREEMENT BETWEEN TEIE CITY OF CHULA VISTA AND
BONITA LONG CANYON FARTNERSHIP TO NOT PROTEST
TIIE FORMATION OF AN [FND[RGROUND DISTRICT
THIS AGREEMENT, made and entered into this 5th day of March,
1987, by and between THE CITY OF CHULA VISTA~ a municipal corporation~
hereinafter referred to as "City"~ and Bonita Long Canyon Partnership~
a California General Partnership, hereinafter referred to as "?roperty
WI TNE S SE TH
WHEREAS, the City of Chula Vista has heretofore approved the re-
quest of BONITA LONG CANYON PARTNERSHIP Owners of the property at
OTAY LAKES RD. RELIGIOUS SITE for a deferral of undergrounding~
requirements, in accordance with Chapter 15.32 of the Chula Vista
· Municipal Code, and
WHEREAS, one of the conditions of the approval of said deferral
was that the Owners waive all rights to protest the formation of an
undergrounding district or any other similar proceeding to place the
existing overhead utilities underground.
NOW~ THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. BONITA LONG CANYON PARTNERSHIP, owners of the property at
Otay Lakes Road do hereby agree to waive all rights of protest
against the formation of an undergrounding district or any other
similar proceeding to place the existing overhead utlities under-
ground. Bonita Long Canyon Partnershihp will be financially
responsible for the cost of conversion of all 12KV overhead lines
as evidenced by $60,000.00 Surety Bond, No. 32901.
2. This agreement shall be binding upon the heirs, assignees or
successors in interest of Owners.
(Corporatxon as a pax'trier of a parmcrship)
STATE OF CALIFORNIA S~n ~O ~ ~*
cOUNTY OF be~o~e me, the undersigned, ~ Not~ Publ~c in and for
person~Hy ~res*
nersonMlv known to me pi
to b~ tM person who ~x~culed lh~ wl~
_.. the partnership that executed~'.' ',~,~'(C~ A B~5!~F,~ D
th; within inst~ment, a~d acknowledged to me that such
such pa~nership executed the same. ~.,
WITNESS my h~d and offici~ seal.
(Corporation asa Partner of a Partnership)
STATE OF CALIFORNIA } SS.
COUNTY OF SAN O I EGO ..
On March 25, 1987 _ before me, thc undersigned, a Notary Public in and for
said State, personally appeared ~' ~0 ~
personally known tO me or proved to me on the basis of sg~sfactory evidence tO be the pe~on ~execu~e,I
the ~vithin ins~umenr as the ~-~ President, and
I known t0 me o'~prov~me o9 thin,asia of safisfaeto~ evidence
personaI~ . . -he ~ rr~ ~cre~of
to be the person who executed the within ms=ument ~ t
HOME CAPITAL CORPORATION
the corporation that executed thc witMn instrument o.
beh~f~f BONITA LONG CANYON PARTNERSHI ,~_
the partnership that executed ." - ,~ ,..
the within instrument, and aclcnowledged to me that such ' '
corporation executed the same as such partner and ~at ?:.. ' c ..;5~ ;i .
such pa~nershlp executed the same.
W~NESS my hand and officiM seal. ~ .
AGREEMENT BETWEEN 'r~ CITY OF CHULA VISTA AND
BONITA LONC CANYON PARTNERSHIP TO NOT PROTEST
· rlt~ FORMATION OF AN UNDERGROUND DISTRICT
PACE TWO
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA PROPERTY OWNERS:
BONITA LONG CANYON
~, PARTNERSHIP ~ A
~' ~/t~' --. CALIFORNIA GENERAL
~ "J · · PARTNERSHIP
Mayor of the City of'Chula Vista
PR0-TEMPORE ~ / ' , '.
?
~ City clerk-" ~ HO~4E CAPITAL CORPORATION
BY :~
Approved as to form by BY:
~/~CC .,~At ~'~ (Attach Acknowledgement)
orney No tary
Bond No. Bd 32901
Premium. $420.00
BOND FOR FAITHFUL PERFORMANCE V 51 ~
WHEREAS, The City Council of the City of Chula Vista,
State of California, and BONITA LONG CANYON PARTNERSHIP dba Home Capital C
McMillin Development, Inc.~ a partnership (hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
· improvements, which said agreement, dated MARCH
19 87 , and identified as project OTAY LAKES ROAD RELIGIOUS SITE
AGREEMENf T0 NOT PROTEST FORMATION OF UNDERGROUND DISTRICT , is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
~ NOW, THEREFORE, we, the principal and
ALLIED MUTUAL INSURANCE COMPANY , as surety, are
~ held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of SIXTY THOUSAND AND N0/IO0 DOLLARS
~ ......................................... dollars ($ 60t000.00 )
~ lawful money of the United States, for the payment of which sum
~ well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
-2-
513
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
· agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, on 25th
March , 19 87
BONITA LONG CANYON PARTNERSHIP
A CALl FORNIA GENERAL PARTNERSHIP ..ALLIED ~TUAL INS~g COMPANY
13Y: Mc~ILLIN DEVEtOPMFN_T~
BY: ~HOME ~AP{TAL C0~°0RATION '' K6iU~f E'~Cleme~t~s, ktt~Kney-in-fact
~/~.~__ P.O. Box 1820
BY: -. . La Mesa~ CA 92044
Surety
APPROVED AS TO FORM: Copy ~/ ~ of 3 executed copies.
PW-E-34
(Corporation as a paltncr of a Partnership)
STATE OF CALIFO ~,NIA SS.
SAN g EGO
COUNTY OF
MARCH 25, 1987 before me, the undersigned, a Notary Public in and for
O.n __ all- a--e-rdd L_\~>\'~ . ' factor" evidence to be ~e person who executed'
personally known to me or proveu tu ,,~- President, and
....... ent as the ~' ~ge. ' ' --- ~n ~e b~m of sausfactory ewdence
the w~tmn miu ,~rqon~lv known ~o me or prove~o -*~
beh~f of ~ the partnership fat executed
inst~ment, arid acknowledged to me that such { ~ .
~he within ' NO~A~ PUBLIC - CALIF0~NIA
corporation executed the same as ~uch Parmer and ~at ~ ~' N~ SAN DIEGO COUH~
WITNESS my hand and offici~ seal. ~ ' ~-~
TO 1954 CA (9--84)
Co,poration as a partner ora Partnershi¢ TtCOR
STATE OF CALIFORNIA } U.
COUNTYOF SAN DIEGO ..
~ l~/t¢,t,~ ;~ iL{ /~ } before me,~he undersigned, a NotaW Public in and for
7a~d State, ~ersana:lY apoearedt j.J ~ ' =ory evidence to be me p?,~who executed
b
personally known to me or proves to n
the within ins=ument as the ~ ~ ~k~)/ .
person~ly known t6 me or proved to me on th= basis of sa~stacto~ evidence
~y of
HO~E CAPITAl- CORPORATION
~e corporation that executed the with n ins=ument on
behMfof BONITA LONg EANYON PARTNERS8IP ....
. the partnership that executed
the within inst~ment, and acknowledged to me that such
· -. STATE STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT ~ 5 ~ ~
OF CALIFORNIA )
'~ ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) INDIVIDUALS
On this day of in the year __, before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLI~,
STATE OF CALIFORNIA )
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) PARTNERSHIP
On this day of in the year __, before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
NOTARY PUBUn
(SEAL)
STATE OF CALIFORNIA
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) CORPORATION
On this day of in the year __, before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, ~ secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA )
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of Ran Diego ) CORPORATION
On this 25th _ day of ['1arch in the year 1987 -, before me Linda J. Tarr
a notary public, personally appeared _Eeith E. Clements
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
)ove written. ,
Witness my ~al seal on the da and ear
(~D/~_~Y PUOLIC - CALIFORNIA
PUBLIC,
My Commission Expires April 4, 1988
Bd 294 (1-87)
· A.LLIfZD'Mu. ua Insurance Company Power of Attorney
701 Fzfth Avenue
. 'Oes. Molnes. Iowa 50304-0974 Insu'ranc
i 51,
/' KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws
of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Company", does hereby make,
constitute and appoint
-- Keith E. Clements, San Diego, California ....
each in his individuat capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute
in its behalf any and all bends and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing
the payment of principal and interest of notes· mortgage bonds and mortgages) in penalties not exceeding the sum of
UNLIMITED IN AMOUNT ..................................................................
($ UNLIMITED )
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX -- EXECUTION OF CONTRACTS
"Secbon 2. Bonds, undertakings, and other obligatory instruments of s m ar nature, o her than policies and endorsements, issued by the
Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice Pres dent, or by Afforney(s)-in-
Fact appointed by the President, or by a Vice President."
"Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Afforney(s)-
In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other
than policies and endorsements with tull power to bind the Corporation by their signature and execution of any such instrument. The appoint~
ment of such Attomey(s)-In-Fect shall be accomplished by Powers of A~orney signed by the Presrdent, or the Vice President.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company. .
ARTICLE Ix -- EXECUTION OF CONTRACTS
"Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly
executeo and binding on the Corporation; and to certify that any Pond, undertaking, or obligatory instrument of similar nature, other than policies
and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation,
according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President."
"Section 5. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory
instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President,
or Attorney(s)-In-Fact appointed by the President, or a Vice President. or any Power of Attorney executed on behalf of the Corporation appoint-
ing Ahorney(s)-In-Fact to act for the Corporation. or of any certificate to be executed by the Secretary, or an Assistant Secretary, as
hereinabove in Section 2, 3, and 4 of this Article provided, that ~he corporate seal be affixed to any such instrument but the person authorized
to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and
binding as the original seal."
'Section 6. A facsimile signature of the President. or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of
simdar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section
4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original s~gnatures of any of such
officers.'
'Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy
or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided."
beIN hereuntoWITNESSaffixedWHEREOF'this theiscCompanYday ofhas c~,d these presents to be signed by its President19 86and its corporate seal to
STATE OF IOWA ,,~.~.~%,~:%.;~ y:/~\/ ,~t./L~. ( ,/'.3 -{_/V~..~ President
COUNTY OF POLK ss ~'~ I t
o rnOn~nibis ?s~ .day of ['¢~3,y . / ! ,19 86, before me personally came John E Evans
.... .e.,._~oWn, _w~no,~?ng oy m.e,d.u, ly s~vorn, did depose 9nd ~ay. that he m~P!e?den o ALLIED Mutual Insurance Company the corpora on
u=~u,~u~u in anu which execu[eo lne acove instrument; that r~e KNOWS the ~a of said corporation that the seal affixed to said instrument
is such corpora ion sea' that t was so affixed pursuan to auteori y gven by the 8oaro of Directors of said corporation and that ne has
s,gned his name thereto pursuant to .... like authority, and acknowledged, the same to be the act and deed o~id~.corporation.
S. A. Denning ~ ·
· ! Notary Public in and for the State of Iow.~
---~ ~-; 3 - ~:~ J CERTIFICATE
I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State
of Iowa, do hereby certify that the foregoing Power of Attorney ~s still in force, and further certify that Section 2, 3, 4, 5, 6
% IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 25th day