HomeMy WebLinkAboutReso 1984-11556
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nnie M. Fulasz, City Clerk
P. o. Box 1087
hilla Vista, California 92012
RESOLUTION NO.
11556
84-106874
I _VG:;,,_
~U;IT:',
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 82-6,
HILLTOP TERRACE, AND ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COM-
PLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
i;
--,qO FEE
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby finds that that certain map survey entitled
Chula Vista Tract 82-6, HILLTOP TERRACE, and more particularly des-
cribed as follows:
Being a subdivision of a portion of Lot 332 of Robinhood
Unit No.7 according to Map thereof No. 4964, filed in
the office of the County Recorder of San Diego County,
and a portion of Quarter Section 95 of Rancho de la
Nacion according to Map thereof No. 166 filed in the
office of the County Recorder of San Diego County, all
being in the City of Chula Vista, County of San Diego,
State of California.
Gross Area: 8.155 Acres
Total No. of Lots: 6
Total No. of units: 90
is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown
thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the City of Chula Vista the easements with the right of in-
gress and egress for the construction of sewer, drainage, street tree
planting, sidewalk ramp and pedestrian access, all as granted and
shown on said map within said subdivision, subject to the conditions
set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain easements with
the right of ingress and egress for the construction and maintenance
of sewer and drainage facilities, street tree planting, and sidewalk
ramp and pedestrian access as granted thereon and shown on said map
within said subdivision are accepted on behalf of the City of Chula
Vista as hereinabove stated.
-1-
----_.._~-_.__.._.-
1901
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to. the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain improvement agree-
ment, dated the 13th day of March , 1984, for the completion
of improvements in said subdivision, a copy of which is attached
hereto and by reference made a part hereof, 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
vii
City Engl.neer
R- "556
-2-
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1902
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
JlA VISTA, CALIFORNIA, this 13th day of March
84 , by the following vote, to_it:
=-S' Councilmen Moore. McCand1fss. Malcolm. Cox
- .
(ES: Councilmen None
STAIN: CoIxIcilmen None
SENT: Councilmen Scott
/5/ Gregory R. Cox
Mayor of the City of Chula Vista
TEST /5/ Jennie M. Fu1asz
City Clerk
nE OF CALIFORNIA )
JNTY OF SAN DIEGO ) s s .
Y OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11556
,and that the same has not been amended or repealed.
fED March 14, 1984
( seal)
~~~
L ,.-
t/" City lerk
-660
1903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREmENT, made and entered into this 13th day of
.March , 19 84 , by and between THE CITY OF CHUIA
VISTA, a municipal corporation, hereinafter called "City", and
AMERLAND DEVELOPMENT, INC., 4017 42nd Street, San Diego,
California 92123
hereinafter called "Subdivider";
WIT N E SSE T H :
-----------
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
HILLTOP TERRACE
pursuant to the provision of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal 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 Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agreement
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title
18 of the Chula Vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider's own expense, all of the
pUblic improvements and/or land development work required in said
subdivision 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 complete, at Subdivider's own expense, all the public improve-
ment required by City in connection with the proposed subdivision
and will deliver to City improvement securities as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No.10750 , approved on the
19th day of January , 19 82, and
Form No. CA--410
Revised 12/82
-1-
d-//5S-~
1904
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared, submitted to and approved by the
City Engineer as shown on Drawings No. 82-136 through 82-140
on file in the Office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City, in the amount of
NINETY FIVE THOUSAND DOLLARS ($95,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS,
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to the
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvements and/or land development work required to be
done in and adjoining said subdivision; and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the required improvements,
and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdi-
vider will cause all necessary materials to be furnished and all
improvements required under the provisions of this contract to be
done on or before the third anniversary date of the recordation
of the map of said subdivision.
4. It is expressly understood and agreed that Subdi-
vider will perform said improvement work as set forth hereinabove
or that portion of said improvement work serving any buildings or
structures ready for occupancy in said subdivision prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certi-
fied in writing the completion of said public improvements or the
portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
-2-
~~
1905
5. It is expressly understood and agreed to by Subdi-
vider that, in the performance of said work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of
FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47,500.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of
FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47~00.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "a" and made a part hereof.
8. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreem~nt, an approved improvement security in the sum of
ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400.00)
to secure the installation of monuments, which security is
attached hereto, marked Exhibit "CO and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the comple-
tion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon certi-
fication of completion by the City Engineer and acceptance of said
work by City, and after certification by the Director of Finance
that all costs hereof are fully paid, the whole amount, or any
part thereof not required for payment thereof, may be released to
Subdivider or its successors in interest, pursuant to the terms of
the improvement security.
10. It is 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 Title 18 of the
Chula vista Municipal Code.
-3-
/?-I/.5jh
,.
1906
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 City Engineer shall be paid by Subdivider, and
that Subdivider shall have deposited 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, alley, 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 all defects or deficiencies arising during said period as
a 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, as
indemnitee, 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,
or indemnitee, related to 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, or
indemnitee, related to 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
consequence 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. The provisions of this paragraph shall become
effective upon the execution of this agreement and shall remain in
full force and effect for ten (10) years following the acceptance
by the City of the improvements.
-4-
/i~l/jJb
1907
LIST OF EXHIBITS
Exhibit "C"
Improvement Security - Faithful Performance:
Form: Letter of Credit
Amount: $47,500.00
Improvement Security - Material and Labor:
Form: Letter of Credit
Amount: $47,500.00
Improvement Security - Monuments:
Form: Letter of Credit
Amount: $1,400.00
Exhibi t "A"
Exhibit "B"
Securities approved as to form and amount by
(
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j( '/n 'd. ,/"-+/.~( I ' ~.
/' <-t f <<....- I'.V &
( / City Attorney
Improvement Completion Date: Three years from date of Council
approval of the Subdivision Improvement
Agreement
/f-//5f'b
1908
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
SUBDIVIDER: AMERLAND DEVELOPMENT, INC.
5~l
W€5'
Mayor of e ity of hula
Vista "j'
ATT~~ ~/~~
Clty Clerk
Approved as to form by
2-{''') l -
(Attach Notary Acknowledgment)
STATE OF C~ ". l 55.
COUNTY OF ~_ (
on.....;;' ~~ /) i -J'!J-~{L~-, he fore /TIC, the undersigned, a Notary Public in and for
,
said State, personally appeared_
known to me to be the ___ President, an~ ~bs...~~..-c-'
known to me to be the 7/) C.(I .A....'//!.JJA..J'._I SecretarY-' 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 ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by laws or a resolution of its board of
OFFICIAL SEAL
LETHA M LEMEN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires JUL 27, 1987
directors.
WITNESS my hand and offlcia! seal.
Si9c"u".~~1--- In. ~
I--E r;4 4 ../11... IF /VI !=/V ___
Name (Typed or Printed)
~""S'.s-C. (This area for officidl notarial seal)
-5-
1909
@
VERNON SAVINGS
14850 Montfort Drive' Suite 190 . Dallas, Texas 75240 . (214) 392-2154
SAVINGS OFFICE
February 7, 1984
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: ~ngineering Department
Subdivision Section
Subject: $47,500.00 (Faithful Performance Letter of Credit)
WHEREAS, the City Council of the City of Chula Vista, State of California,
and Vernon Savin s & Loan, 14850 Montfort Rd., Ste. 100, Dallas, Texas 75240
(hereinafter designated as "principal" have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
whi ch sa id agreement, dated March 13 , 19 84 , and ident i fi ed
as project H.illtop Terrace Chula Vista Tract 82-06, 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 Vernon Savings & Loan, 14850 Montfort
Rd., Ste. 100, Dallas, Texas 75240, as surety, are held and firmly bound unto
the City of Chula Vista, hereinafter called "City", in the penal sum of
Forty Seven Thousand Five Hundred and noi100 dollars ($47,500.00) 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, administrators, 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 alteration 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 effort.
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,
(1)
;e-//..>~
1910
February 7, 1S84
City of Chula Vista
Page 2 of 2
i nc 1 uJ i ng reasonable attorney's fees, incurred by the Ci ty ins uccessfully
enforcing such obligation, all to be taxed as costs and included in any judge-
ment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be per-
formed 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 specifications.
These funds will be held until a release notice is received from the City
of Chula Vista stating that all work required has been satisfactorily completed
a,ld accepted by the City Engi neer.
This is an irrevocable commitment of funds and is not subject to recall by
the Vernon Savings & Loan, 14850 t10ntfort Rd., Ste. 100, Dallas, Texas 75240.
and
In Witness Whereof, this ~rument has been
surety above named, on \'\- nlflyu \ q91\-
\
duly executed by the principal
1100d~
Chairman of the Board
Chief Executive Officer
Approved as to form by
~ /..J ~
~./
..;,c,.~..J .'W~
omas J. Harron, City Atty.
()
c
, before me, the undersigned, a Notary Public in and for
I., )c c /) 'i --E L f /11 G 10 <:; and
,
,
~ss.
On
said State, personally appeared
,personally known to me (or proved to me on the
~ basis of satisfactory egd <:~ ~the persons who executed the within instrument ase If/ f {:::.... _______
~ ~[(:l<lJ 4J [, /. I .____ , on behalf 01_
~ 1'(' P NT'; (\) S; rt /) I ' &- S ';-. L - It "....................N.."'^"'^"'''''^'''^~
g the corporation therein named and acknowledged to me that _ _~ OFFICIAL SEAL J'
~ ' _. PATRICIA j. McDOUGALL ..
o ,
~ NOTARY PUBLIC - CAlH-URN1A::
PRINCIPAL DfflCE IN .;:
,~.' SAN DIEGO COUNTY ~
) ~mmiSSion Expires July 23, 1985
. ~-;;;::::="
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNE
nd and official seal.
!{-/It}:?b
1911
@
VERNON SAVINGS
14850 Montfort Drive. Suite 190 . Dallas, Texas 75240 . (214) 392-2154
SAVINGS OFFICE
February 7. 1984
City of Chula Vista
2/6 Fourth Ave.
Chula Vista, CA 92010
Attn: Engineering Department
Subdivision Section
Subject: $1,400.00 (Survey Monumentation Letter of Credit)
KNOW ALL MEN BY THESE PRESENTS, That I/We Vernon Savings & Loan, 14850
Montfort Rd., Ste. 100, Dallas, Texas 75240, as the subdivider and Principal, and
Vernon Savings & Loan, 14850 Montfort Rd., Ste. 100, Dallas, Texas 75240, a
Corporation of the State of Texas, as Surety, are held and firmly bound unto the
City of Chula Vista, a municipal corporation, in the County of San Diego, State
of California, and to and for the benefit of any and all persons who may suffer
damage by reason of the breach of the conditions hereof, in the penal sum of
One Thousand Four Hundred and no/100 dollars ($1,400.00) lawful money of the
United States of America, to be paid to the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing certain
lands to be known as 11illtop Terrace Chula Vista Tract No. 82-05 subdivision
in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution 11556 , and
WHEREAS, the said Principal desires not to set durable monuments prior to
the recordation of the final map of the subdivision and desires to get same at
a 1 ater date,
NOW, THEREFORE, the condition of the above obligation is that if the Princi-
pal shall have set durable monuments of the survey by Jim Hutchinson, C.E. ,
(Engineer)
as per the final map of said subdivision, a copy of which is on file with the
City Engineer of the City of Chula Vista, reference to which said map is here-
by made and same is incorporated herein as though here set forth in full, and
according to the ordinances of the City of Chula Vista in force and effect at
the time of giving of this bond, on or before the expiration of thirty (30) con-
secutive days following completion and acceptance of public improvements within
said subdivision, then the obligation shall be void, otherwise to remain in full
force and effect.
(1)
,e' -/1'..J.7:>-G
1912
February 7, 1984
City of Chula Vista
Page 2 of 2.
These funds will be held until a release notice is received from the City
of Chula Vista stating that all work required has been satisfactorily completed
and accepted by the City Enrineer.
This is an irrevocable commitment of funds and is not subject to recall by
Vernon Savings & Loan, 14850 Montfort Rd., Ste. 100, Dallas, Texas 75240.
IN WITNESS WHEREOF~e said Principal and
hands, this ~ day of \'-'nltJ'j,I<:494-.
surety have hereunto set their
w,~~
Chairman of the board
Chief Executive Officer
Approved as to form by
otf.'=-.J #-,.J
Thomas J. Harron, City Attorney
STATE OF CALlFORNI~A ~.
COUNTYPF".._ <ll4 leQO_
re urua ry , J. szr-
On__
.d S II d Woody F.
sal tate, persona Y appeare _ -
,
,
\ss.
-I
_, before me, the undersigned, a Notary Public in and for
Lemons and
__ ' personally known to me (or proved to me on the
~aS-is of satisfactory evidence) to be the persons who executed the within instrument as Ch.i ef Exec~
t i ve Offi cer p,no;ripn' onri <ONP'''Y, on behalf of Vernon
Sav i ngs & Loan
- - - - -~~..JlI.01<~"'''..JI.'''~''rl'rJ\.''to'>j.\:jf/J<tIt:l,"--.nd~''Nwf.'''.''''::1t
the corporation therein named, and acknowledged to me thaCa 1'" OFFICIAL SEAL ~
;: ~J' PATRICIA J. McDOUGALL ;:
such corporatIon executed the wlthm Instrument pursuant to It9l'~ &~ -.:'j:[:C : NOTARY PUBLIC . CALIFORNIA ~
by-laws or a resolution of Its board of directors ~.. ~ PRINCIPAL OFFICE IN
" ",' SAN DIEGO COUNTY
WITNESS my hand and official seal ( . E J I 23 1985
- -~ '\ rl My G.pm Slon xplres u y ,
S,gnalure&~ ~ C;-Ilio ( kJ If -;;;;Z for off'eml nola"al seal)
K -/ljYt,
1913
@
VERNON SAVINGS
14850 Montfort Drive. Suite 190 . Dallas, Texas 75240 . (214) 392-2154
SAVINGS OFFICE
February 7, 1984
City of Chula Vista
216 Fo unh Ave.
Chula Vista, CA 92010
Attn: Engineering Department
Subdivision Section
Subject: $47,500.00 (Material & Labor Letter of Credit)
WHEREAS, the City Council of the City of Chula Vista, State of California,
and the Vernon Savin s & Loan, 14850 Montfort Rd., Ste. 100, Dallas, Texas 75240
(herei nafter des i gnated as "Pri nci pa 1" have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated March 13 , 19 84 , and identified as
project Hilltop Terrace Tract 82-06, is hereby referred to and made a part hereof;
and
WHEREAS, Under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment
bond with the City of Chula Vista to secure the claims to which reference is made
in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are
held finnly bound unto the City of Chula Vista and all contractors, subcontractors,
laborers, materialmen and other persons employed in the performance of the
aforesaio agreement and referred to in the aforesaid Code of Civil Procedure in
the sum of Forty Seven Thousand Five Hundred and No/100 dollars ($47,500.00), for
materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety
will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond, will pay, in addition to the
face amount thereof, costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City of Chula Vista in successfully enforcing
such obligation, to be awarded and fixed by the Court, and to be taxed as costs and
to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to
the benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
1!-1(.5~ (1)
1914
February 7, 1984
City of Chula Vista
Page 2 of 2
Should the condition of this bond be fully performed, then this obligation
shall be CO;lle null and void, otherwise it shall be and remain in full force anj
effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications
accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension, alteration or
addition.
These funds will be held until a re12ase notice is received from the City
of Chula Vista stating that all work required has been satisfactorily completed
and accepted by the City Engineer.
This is an irrevocable commitment of funds and is not subject to recall
by Vernon Savings & Loan, 14850 ~Iontfort Rd., Ste. 100, Dallas, Texas 7,,240.
In witness whereof, this
and surety above name, on
instrument
2- \-11-:-' AA-
has been duly executed by the principal
wo~~
Chairman of the Board
Chief Executive Officer
Approved as to form by
:J
u.:.;,.~-,~
omas J. Harron, City A~ty.
STATE OF CALIFORNIA s. D.
COUNTY OF __ an le9JL-
0"- February--.lh 1984
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said State, personally appeared
,before me, the undersigned, a Notary Public in and fOT
Woody F. Lemons _aod
__ "-'--'-;--personally known to me (or proved to me on the
basis of satisfactory evidence} to be the persons who executed the within instrument as _Chi ef Exec u-
t. Off' Vernon
_lye 1 cer nr", ~~"I i:'J~.'J',:,r:' on behalf of_ ___
Savings & Loan 1',N',1",I'...".N'.......-.IIo'V\.........~~
the corporation therein ~amed, and acknowledged to me th:; ~ ,~w~;J. .",;;, PATR~g~Ct~ C.~~O~GALL ~
. JI :(,"-;..,\;:1,:.," NQ1ARY PUBLIC. CALIFORNIA ':\'"
such corporation executed the within instrument pursuant to It s :: ~ . ',,-' PRINCiPAl OfFICE IN ::
by-laws or a resolution of its board of directors. ~ l'Fo""\~ SAN DIEGO COU~TY ::~
., "
. . . I~ My Commission Expires July 23. 1985 -11
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, /w \(( r;r? DRAINAGE EASEMENT
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EASEMENTS CHULA VISTA TRACT 82-6
HILL TOP TERRACE
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DRAWN BY
R. M. F.
DATE
2-22-B4
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VICINITY MAP
RESOLUTION NO. 11556
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 82-6,
HILLTOP TERRACE, AND ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COM-
PLETION OF IMPROVEMENTS REQUIRED BY SAID 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 the City Council of the
City of Chula Vista hereby finds that that certain map survey entitled
Chula Vista Tract 82-6, HILLTOP TERRACE, and more particularly des-
cribed as follows:
Being a subdivision of a portion of Lot 332 of Robinhood
Unit No.7 according to Map thereof No. 4964, filed in
the office of the County Recorder of San Diego County,
and a portion of Quarter Section 95 of Rancho de la
Nacion according to Map thereof No. 166 filed in the
office of the County Recorder of San Diego County, all
being in the City of Chula Vista, County of San Diego,
State of California.
Gross Area: 8.155 Acres
Total No. of Lots: 6
Total No. of Units: 90
is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown
thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the City of Chula Vista the easements with the right of in-
gress and egress for the construction of sewer, drainage, street tree
planting, sidewalk ramp and pedestrian access, all as granted and
shown on said map within said subdivision, subject to the conditions
set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain easements with
the right of ingress and egress for the construction and maintenance
of sewer and drainage facilities, street tree planting, and sidewalk
ramp and pedestrian access as granted thereon and shown on said map
within said subdivision are accepted on behalf of the City of Chula
Vista as hereinabove stated.
-1-
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain improvement agree-
ment, dated the 13th day of March , 1984, for the completion
of improvements in said subdivision, a copy of which is attached
hereto and by reference made a part hereof, 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
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Thomas J. Harron, City Attorney
City Engineer
R-11556
-2-
JLA VISTA, CALIFORNIA, this
84
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
13th day of March
, by the following vote, to_it:
Moore, McCandliss, Malcolm, Cox
=-S' Councilmen
- .
(ES: Councilmen
STAIN: Cot.ncilmen
5ENT: Councilmen
None
None
Scott
/l.e"
TE~ ~4h4~
City lerk
\TE OF CALIFORNIA )
JNTY OF SAN DIEGO } S s.
Y OF CHULA VISTA }
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11556
,and that the same has not been amended or repealed.
rED
City Clerk
( seal)
-660