HomeMy WebLinkAboutReso 1983-11480
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'1983DEC1h PH 2: 3?
LElu~?~fh:c~htfR" ,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA --..
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA NO FEE
VISTA AND CHULA VISTA TRACT 78~2, BONITA HACIENDAS
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1162
RESOLUTION NO.
11480
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AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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The City Council of the City of Chula Vista does 'hereby
resolve as follows: I
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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 SUMITOMO BANK II OF
CALI FOR1\lIA, for Chula Vista Tract 78-2, Bonita Haciendas t
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dated the 6th day of November , 1983, a copy6f which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved. ' I
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" BE IT FURTHER
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City10f
is hereby authorized and directed to
for and on behalf of the City of Ch~la
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P<o"eo'ed ~~
John P. Llppitt, City
Engineer
Approved as to form by
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th
19 83 ,by the following vote, to-wit:
day of
D",r.pmhp.. .
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen Malcolm. Cox. Moore. McCandl1ss. Scott
Councilmen Mane
'-..
Councilmen None
,.
Councilmen None
/s/ Gregory R. Cox
Mayor of the City of Chura Vista
ATTEST
/s/ Jennie M. Fu1asz .
~ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that
RESOLUTION NO. 11480
the above and foregoing is a full, true and correct copy of
,and that the same has not been amended or repealed.
DATED
December 7, 1983
(seal)
.. g - ~
~w -MU€/ ~~ ____
y City lerk ~
CC-660
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1164
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of
December " 1983 ,by and between THE CI'fY OF CHUIA
VISTA, a municipal corporation, hereinafter called "City", and
SUMITOMO BANK OF CALIFORNIA, 365 California Street, San
Francisco, California 94104
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
CHULA VISTA TRACT NO. 78-2, BONITA HACIENDAS
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. 9119 , approved on the
6th day of June , 1978, and
Form No. CA-410
Revised 12/82
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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. 79-130D through 79-136D
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
SIX HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($610,000.00).
FOLLOWS:
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
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 <;,onnections
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.
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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
agre~nent, an approved improvement security in the sum of
THREE HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($305,000.00)
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
THREE HUNDRED' FIVE THOUSAND DOLLARS AND NO CENTS ($305,000.00)
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
agreement, an approved improvement security in the sum of
TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00)
to secure the installation of monuments, which security is
attached hereto, marked Exhibit "C" 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.
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1167
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11. It is fu'rther 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 th~
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.
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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
Mayor of t
vista /1
ATTEST~~/ '21ei!i.h.-/A'/
t7 - City Clerk ~if
Approved as to form by
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~ty Attorney
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SUBDIVIDER: SUMITOMO BANK OF CALIFORNIA
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(Attach Notary Acknowledgment)
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STA.TE OF CALIFORNIA
COUNTY OF San Francisco
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Elnnnllll~IUllllllllllnI!UIUlnllllllllllllllllllln.
: .' , OFFICIAL SEAL ::
:: . ,". >. LISA SCHAUPP 5
5 :;">jh NOTARY PtJRLlC-CALIFORNIA ::
:: CITY AND COUNTY OF SAN FRANCISCO 5
: My CommissIon Expires August 18. 1986 =
iIlIlIUIIUllllllnUIIII..anUIUlllnIIlIlIUIIIIUIU.
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On this 21st day of November in the yeai',
One', Thousand Nine Hundred Eighty Three before me
Lisa Schaupp >" Notllry Public. Stllte ofCaliforn;".
duly commissioned and sworn, persomdly appeared
M. Nishimura
personally known to me (or proved to me on the basis of satisfactory cvidencej
to be the Assistant Vice President of the corpornt;""
thnt executed the within instrument, and also known to me to be t"lc
person__who executed the within instrument on behal[o[the corpora-
tion therCJ'n named, and acknowledged to me that such COrpOT<'ltion executed
the same
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the City and Coun ty of
San Francisco he date set fort 'above in this certificate.
Thi!lOOCUmfl<11"'onIyall""'l'a1IOl'T1'1whiehmaybepropcfIO.u.....in$'mpkJ
lr~ aro:l;n roow~yarn, or i"nteoclad to act, liS a sui;>$\ilute lor the
aotY;c:e 0/.., atlorroey, TIle plib'ishe.doe,,...,t make ~rry warranty e<ther e.p'Il5' or I~"ld ~ to
!:he ~ v(O/Jdrty 01 any provi!IIon or the surtabtlity ot ~ form, in any l'P"CilW; transadOO<1
Cowdery's Form No. 28 - Acknowledgement
to Notary Publie ~ Corporation (C. C. Sees. 1190-1190.1)
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STATE OF CALIFORNiA . 1169
COUNTY OF San FranC1SCO
IIlIlIlIlIlIUllIlIlIlIlIUIIUUUlltUIIUJlIlUlIlIlllIJI
::@.....,.OFFICIALSEAL=
:: _ ... ~ LISA SCHAUPP !!
:: ,-~...-,,' "', .NOTARY PUALIC-CALlFORNIA ::
: ~ Ii- CITY AND COUJ'lTY OF SAN FRANCISCO :
:: ", G"" My CommIssion hplres August 18, 1986 =
.~III1I1II1I1I1UlnunU'Uln:I:II':lnIUIIIIIUUllli
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R- Notary Public, State of Cahfomiu
..IIUD/'), ,,' , August 18' 1986
"T ,.,;ty commISSiOn cxplre~ 1
On this 21st day of November
On" Thousand Nine Hundred Eiqhty Three
Lisa Schaupp
inJbc year
before me!
, a Notary Public, State of California
duly commissioned and sworn, personally appeared '
Y.A. Mitsutome
personally known to me (or proved to me on the basis of sati:i[actorv evidence!
to be the Vice President -
Df the corporatio.,
that executed the within instrument, l1nd also known to me to be the'
person__ who executed the within instrument on behalf of the corpora-
tion therein named, and acknowledged to me that such corporation execu~ed
the same
IN WlTNESS WHEREOF I have hereunto set my hand and affixed
my ofliciaJ seal in the Ci tv and Coun ty of
San Francisco ,
ute set forth above m this certifict7.te.
ThIs ~t '" oNy a {1ll<l\lfal fOf"01 whid1 may 00 Prop(>' for u..... in simp~
tr-IOCtJOr>Sa.nd,n""'Wa)!lCb,OO-i~int!lrd9dIOac1,S$aSuIJSlrlutelO<the
advio901l1114Itorr'Olty-ThooIpl..lljiShe'cIoeSmtmakea,,.,...an-antye<there.orffllSOflmphoo...,to
IOolegalvMdilyolarryprov;sionortheaUJ\abilityOIlhegeforms,nMyopocdw;tr8rlsactOO<1
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Cowdery's Form No. 28 - AcJ{nowledgement
to Notary Public - Corporation (C. C. Sees. 1190-1190;1)- ~o,.. ~."U... .. +,
_ _ _ ___ - .,,- ,f~r f rT;njy cOmmIsslOn expIres
- .--..:..=-~.-_.-------~ --------. -----_._~
o ary Public, State f!f <;aJifornia
.AugUst 18, 1986
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LIST OF EXHIBITS
Exhibit uCu
Improvement Security - Faithful Performance:
Form: Letter 6f Credit
, Amount: $305,000.00
Improvement Secur i ty - Material and Labor:
Form: Letter of Credit
Amount: $305,000.00
Improvement Security - Monuments:
Exhibit uAu
Exhibit uBu
Form:
Letter of Credit
Amount:
$10,000.00
Securities approved as to form and amount by
~I ..J' j ,
i'tU,,'i.~ ~.
City Attorney
Improvement Completion Date:
Three years from date of Council
approval of the Subdivision
Improvement Agreement
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Sumitomo Bank of California
365 California Street
San Francisco, CA 94104
415/445-8000
Cable Address
SUMITBANK, San Francisco
Head Office
November 21, 1983
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City of Cbula Vista
276 Fourth Avenue
Chula Vista, CA 92010
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Attn: Engineering Department
Subdivision Section
Subject: $305,000.00 (Faithful Performance Letter of Credit)
WHEREAS; the City Council of the City of Chula Vista, State of California,
and TheSumitomoB-ank of California, 365 California 'Street; 'San Francisco, CA
(hereinafter designated as "principal") have entered into an agreement--whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated , 19 ,and identified
as proj ect Bonita Haciendas.Chula 'Vista Tract' 78-'02, 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 Sumitomo Bank of California, 365
California Street, San Francisco, California, as surety, are held and firmly
bound unto the City of Chula Vista, hereinafter called "City", in the penal sum
of Three Hundred and Five Thousand and no/lOO dollars C$305,OOO.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 princl-
pal, 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 re-
main 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 included 'in any judge~
ment rendered.
~-II~PO
(1)
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1172
365 Caliiornia Street
San Francisco, CA 94104
415/445-8000
Cable Address
SUMITBANK, San Francisco
Sumitomo Bank of California
Head OUice
November 21, 1983
City of Cbula Vista
Page 2 of 2
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
. I
agreement or to the work or to the specifications..
These funds' will be held ultil a release notice is received from the City
of Cbula 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 the
Sumitomo Bank of California, 365 California Street, San Francisco, CA.
,-
, In Witness Whereof, this instrument has been duly executed by the principal
and surety above named, on November 21, 1983.
;i2~:;~
- City Attorney
'~k 0' '""'0",,"
.,,?; /
\"1. A. Miqrutome
"Vice ~{sident and
A~fStant to the President
~~
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B.y: ~F{ 7l-r-,{"
M. Nishimura
Assistant Vice President
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STATE OF CALIFORNIA
San Francisco
COUNTY OF
; .
...........IIIIIIIIII..I..I~'1"~!lI'~!IIIII..IIIIIIIIIIIII....
= "OFFICIAL SEAL e
=@--L1SASCHAUPP=
,:: : .. NOTA.RY PURLIC.CALIFORNIA 5
f : '.-.. CITY AND COUNTY OF SA" FRANCISCO =
: ~ M, CommissIon Expires AuguU 18, 1986 =
~nll"UliUtl....tl1'~1i.U"'lIr..tlU.nU'UIUIII',1I"".
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On this 21st
One Thousand
day of November
Nine Hundred Eighty Three
in the year
. before nj, 1
Lisa SChall);?P ,a Notary Public, State of California,
duly commissioned and sworn. personally appeared
M. Nish:iJnura
personaJ}y known to me (or proved to me on the basis of satisfactory evidence)
to be the Assistant Vice President of the corporation
that execlIted the within instrument, and also known to me to be the
person__who executed the within instrument on behalf of the corpora.
tion therein named, and acknowledged to me that such corporation executed
the same
IN WTTNESS WHEREOF I have
. City and
my official seal in the
San Francis=
n.~..~.~.,tormwhochfnllybeptOpolrloruse'n &.Imple
lra"...,..tJel(lS arid In r>;] "'~y aCtfl. Ot <S l!1I",>dad to 1lCI, as B sub.mula!Ot th8
/CYIC""r Illl 1lI\Omt,y, 1"', ?ct>,o./.." ,,,..~ '101 ma>-a..o\, .......'..nll (J!\tl/,lf e.prllSSOIlmpll6d ~ to
U:" lI>oJII.:vAIoOIt).o11lf1y vrm...soXl 0< :.I~ ~"~a!>,I;tyo!._tn.I>""'J,,'2!:'~ "1 any ~,hc l!lln:>ll<..'1~_ .".,. ... -I;r. ~ _'.
- Cowdery's Form No. 28 -;- Acknowledgement .1'< ~/;~i' Y.
to Notary Public - CorPoration (C. C. SeC!!. 1190-1190.1) My commission expires
'.i- ,.' '.:1:; ~l,'::;
Nota. Public, State of California
August 18, 1986
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::;il:':')':~ ,..rrf:tU~-r'd ~t~~ '::;r~:,':J'!t:t:!-.~. ~ _""',......
..r:_'~_':J_ _t.~..~"_ :;f'. ~ .,~.7; ~ ..,:0
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n-... documIlnt..Of'IIy.. !;l8"8f811oml whICh maybe lltOptlr lor u!Wl ,n Simple
\I'~ lln<l in r)() w~y lOCl', Of'~ Inhooclto<l to lOCI. "" a ~utl~tl'ul" lOt th8
II<1YOCe 01 lll1attorr'otoy. l~ pybl,:l/>o.lr<IO<oS no! m....... "11)' warranty tHlhar "~P<'- Of IOTlphed as 10
!hIllegal~alodny o! Itny proVlM><lU/11"l8 ~uniOb,I"y 01 U"''''' tmms ,n any I.pdCIIOC trall!>dCl1Or1
.. . ~ ... ...
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STATE OF CALIFORNIA.
COUNTY OF San Francisco
!,..n"II~1311111J1'.'I.j.J'~~I"!I!n'nll"llIllInl'lla
=@>..D.OFFICIALSEAL=
;;.. ''', LISA SCHAUPP ii
5 i"~ NOTARY PUAL'C~CALIFORNIA 5'
= ;.. CITY AND COUI'fTY OF SAN FRANCISCO =
: M, COmmlulon Ulllr.. AlI'lId 18, 19. 5
~-'llI'll'II""'.lnl"&lllll"I'I""I"III""II""""U.
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On this ~l "t day of NmTPmber in the year
One Thousand Nine Hundred Eighty Three before "1e
Lisa Schaupp ,a Notary Public, State of California,
duly commissioned and sworn, personally appeared
Y.A. Hitsutome
personaJJ~ known to me (or proved to me on the basis ofsatisfactory evidence)
to be the _ Vice Pre"ident of the corporation
that executed the within instrument, and also known to me to be the
person_~ who executed the within instrument on behalf of the corpora-
tion therein named, and acknowledged to me that such corporation executed
the same
lN WTTNE8S WHEREOF 1 have hereunto set my hand and
my ofliciaJ seal in the City and
San Francisco
affixed
this certificate,
Cowdery's Form No, 28 - Acknowledgement
to ~otary Public - Corporation (C. C. Secs. 1190-1190.1)
A;;. I I
blic, State.of California
18, 1986
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1174
365 California,Street
San Francisco, CA 94104
415/445.8000
Cable Address
.. SUMITBANK, San Francisco
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Sumitomo BanK bf caiifofiiil3">~~'p",.~.,::",
Head Office
November 21, 1983
,City of ChulaVista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Engineering Department
Subdivision Section
Subject: $305,000.00 (Material & Labor Letter of Credit)
WHEREAS, the City Council of the City of Chula Vista; State of
California, and the SumitomoBank of California, 365 California Street,_
San Francisco , CA (hereinafter designated as "principal") have entered
into an agreement whereby principal' agrees to install and complete cer-
taindesignated public improvements, which said agreement, dated
, :.',' , 19_, and identified as project Bonita Haciendas 'Chula Vista
Tract' 78-02, is hereby referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement:,. principaEis'.required
gefore entering upon the performance of the work, to f~le 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 firmly bound unto the City of Chula Vista and all con-
tractors, subcontractors, laborers;.materialmen and other persons em-
ployed in the performance of the aforesaid agreement and referred to in
the aforesaid Code of Civil Procedure in the sum of Three Hundred Five
Thousand and No/lOO dollars ($305,000.00), 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, in-
cluding 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 ac-
tion to them or their assigns in any suit brought upon ~his bond.
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Sumitomo Bank of California
,
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1175
365 California Street
San Francisco, CA 94104
415/445-8000
Cable Address
SUMITBANK, San FranCISCO
Head Office
~ovember 21, 1983
City of Cbula Vista
Page 2 of 2
I
I
I
Should the condition of this
obligation shall be come null and
main in full force and effect.
bond be fully performed,
void, otherwise it shall
then this
be and re-
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 release notice is received from
the City of ,Cbula Vista stating that all work 'required has been satis-
factorily completed and 'accepted by the City Engineer.
This is an irrevocable commitment of funds and is not subject to
recall by the Sumitomo Bank of California, 365 California Street, San
Francisco, CA.
In witness whereof, this instrument has been duly executed by the
principal an'd surety above name. on November 21; 1983 .
cf!z:.;:J~
City Attorney
(2)
S~itomcl Bank of California
~k
Gy '0,/ /
Y.A. Mitsutome
~ic~President and
Assistant to the President
B~. ;lt~:(
-
M. Nishimura
Assistant Vice President
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nu doo::unenl ill 0l'tV all"""'a1 fOllll whodl maybe properlOf use ,n "mpIe
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... Cowderv'g Form No. 28 - Ackn(lwk~gement, "
to Notary Public ~ Corporalion (C. C. SeCt;. 1190-1190.1)
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~'StATE OF CALIFORNIA
,COUNTY OF San Francisco
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= . CITY AND COUNTY OF SAN FRANCISCO =
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, 'On this 21st day of November in the year
One Thousand Nine Hundred Eighty Three before me
T i 9;::::' Qf""'h~l1~~ ' n Notary Public, State of California,
duly commissioned and sworn, personally appeared
M. Nishimura
personally known to me (or proved to me on the basis ofsatisfactory evidence)
to be the _ Assistant Vice President of the corporation
thllt executed the within instrument, and also known to me to be the
person__ who executed the within instrument on behalf of the corpora-
tion therein named, and acknowledged to me that such corporation executelJ
the same
IN W1TNESS WHEREOF I have hereunto set l1)Y hand and aflixec
my off1cial seal in the City and County of
,da e set forth ove in this certificate
Nota, PublicJi~ate'1 Californil
August 18, 1986
My commission expires
On this )1 c.t- day of N{)\Tj::::Il:rrlh~r'
One 'Thousand Nine' Hundred Eiqhtv Three
Lisa Schaupp
in the year
before me
, a Notary Public, State of California,
duly commissioned anq sworn, personally appeared
Y.A. Mitsutome
personally known to me (or proved to me on the basis of 8atisfactory evidence)
to be the _ Vice President of the eorporation
that executed the within instrument, and also known to me to be the
person_-----,-who executed the within instrument on behalf of the corpora-
tion therein named, and acknowledged to me that such corporation executed
the same
IN W1TNESS WHEREOF I have
my off1cial seal in the City and
San Francisco
hereunto set my hand and aflixed
Coun ty of
set forth above in this certificate.
Thos doc:umonI.. 01'1'; .l/'l'*"aI form whodl may bo jJrOpef to< u90B ifl ""mple
l1anuc1lOnl1llndIf1Mwllyacts,orlslmIN'odoxltOe.ct,uasubsUlul..fCNlt1fI
~ ol an attomoy. The puo;'~r 60va ""I m.w..ll.nyw....'amy II!llw "~p'osaor impll"d &!I to
!No ~ "l\loJolY at any pro"'""",,, '" Ih" Sunabllny 01 I:f)uo~.\orna III 811y sp8CllIc lr8flsact~_
Cowdery's Form No. 28 - Acknowledgement
t.o Notury Public - Corporation (C. C. Sees. 1190-1190.1)
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- ~~ '1~ '. . Notary bljc, State of California
~. 1<, My commission expires August 18, 1986
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1171
365 California,Street
San Francisco, CA 94104
415/445-8000
Cable Address
SUMITBANK, San Francisco
Sumitomo Bank Of California"
Head Office
November 21, 1983
City of Chula Vista,
276 Fourth Avenue
c;hula Vista, CA 92010
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Attn: Engineering ,Department
Subdivision Section
Subject: $10,000.00 (Survey 'Monumentation Letter of Credit)
KNOW ALL MEN ,BY THESE PRESENTS, That _I/We Stlffiitomo':B.ank of_Californiac;,,:.
365 California Street , San FrartCisco, CA, as the subdivider and Principal, and
Sumitomo Bank of' California, 365 California ,Street, San Francisco,' CA, a Corp<?r':'
at ion 'of the' State of Ca'lifornia, 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
Ten ThbusandandNo/100 dollars ($10,000.00) lawful money of the United States
of'America, tb be paid to the said City of Chula Vista.
WHEREAS, the said Principal iSfpresently engaged in subdividing certain
lands to be knoWIl',asBonita Haciendas Chula Vista Tract No. 78-02 subdivision
in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and '
I
WHEREAS, the said PrinCipal
the recordation' of the final map
a later date,
desires riot to set
ofl the subdivision
I
durable monuments, prior to
and desires to get same at
NOW, THEREFORE, the condition of the above obligation is that if the Princi-
pal shall have set durable monuments of the surVey' bySholders & Sanford, Inc.
(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.
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 Engineer.
12 -II C/,?C)
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1178
365 California Street
San Francisco, CA 94104
415/445-8000
Cable Address
SUMITBANK, San Francisco
Sumitomo Bank ofCalifof'nia
November 21, 1983
City of Chu1a Vista
,Page 2 of 2
Head Office
This is an irrevocable commitment of funds and is not subject to recall by
the Sumitomo Bank of California, 365 California Street, San Francisco, CA.
IN WITNESS WHEREOF, the said Principal
hands, this 21 day of November, 1983.
and Surety have hereunto set their
Approved as to Form:
~O, '""'0::"'
I- Y:A. M)isutome
~e/President and
Assistant to the president
~t~j;.ad ..J~
City Attorney
BY:~
M. Nishimura
Assistant Vice President
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STATE OF CALIFORN'IA 1179
COUNTY OF San Francisco
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".nll.I..UIIIIIIIIIIIIII.II.'''.IIIIIIIIIIIIIIII..II...
=-&- OFFICIAL SI';AL =
i ."- LISA SCHAUPP i
:: . - NOTARY PURL IC~C4L1FORNIA ::
a .. CITY AND COUNTY OF SAN FRANCISCO =
= . . Mr Commission Explru Au,ust 18; 1986 5
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n..doc:\Irn.enl is only 11 ~aj torm whldl mavbe propef tor U!Ie in 1lI11"iPle
lr~andinl"oO",~yBCIs,or'slnt<l'llClodLOlOC\.Ma'"bsmutet()/tIWI
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!he~valoJrtyoflll'l\'pr<M"""or:l\QsurtAbllrt10!lt_!ornta"'ilIlY'P'>C'hctrilll~K;>Il
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On this 21st
"One 'Thousand
day of November
Nine Hundred Eighty 'Three
in the year
before me
Lisa Schaupp , a Notary Public, State of California,
duly commissioned and sworn, personally appeared
M. Nishimura
personaJJy known to me (or proved to me on the basis of satisfactory evidence)
to be the _ Assistant Vice President of the corporation
that executed the within instrument, and also known to me to be the
person__who executed the within instrument on behalf of the corpora.
tion therein named, and acknowledged to me that such corporation executed
the same
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my oflicia1 seal in the C'i t-y ;mn County of
San Francisco on the e et forth above i his certificate.
Notary blic, State of California
August 18, 1986
"
Cowdery's' ForrO. No: 28 -:Acknowledgement
to Notary Public - Corporation (C. C. Secs. 1190.1190.1)
My commission expires
;.-, "
.
STATE OF CALIFORNIA
COUNTY OF "San Francisco
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di1@'OFFICIALSI<:AL:I
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:' .. CITY AND coum OF SAN FRANCISCO =
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tr~.."dfl1no..4Vocm.Ot,si,,"onded!01loCl.""a51Jb'trlUI"'10<lh<J
""""'" ollll1 an'........v. rh." p<>l>Ilv...' (\0010 nol rn....... ."y"'UHnly ~rtt.... ""I"1lU 0< IITlpl1fld lIS 10
~'" I<I\)aJ "<'!"'lfly 01 N'r'/ P'(>Y''''''' Oflho s~rtat"'lIyol u...~ Iu'nls In ..ny "POC,1", lri\flSdCt,oo
On this
21st
d f November
ay 0 in the year
Ni l1P Hl1l1nrPCl F.i c:Jhty rrhrpp before me
, a Notary Public, State of California,
duly commissioned ,3.nd sworn, personally appeared
,
Y 'A. Mi T~l1T~
personally known to ,me (or prov,ed to me on the basis of satisfactory evidence)
to be the Vlce Presldent fth" "
o e corpora tlOn
that executed the within instrument, and also known to me to be the
person __ w~o executed the within instrument on behalf of the corpora.
tion therein named, and acknowledged to me that such corporation executed
the same
OnP rr'hnll~;:mr1
Lisa Schaupp
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the City and County of
San Francisco a e set forth abov in this certificate.
/7_/1'1'. Nota y Public, State of California
/,. M "" " August 18, 1986
. - - y commISSIOn expIres
Cowdery'g Form No. 28 - Acknowledg-ement
to Notary Public - Corporation (C. C. Secs. 1190-1190.1)
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RESOLUTION NO. 11480
RESOLUTION OF THE CITY, COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN ,THE CITY OF CHULA
VISTA AND CHULA VISTA TRACT 78-2, BONITA HACIENDAS
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 SUMITOMO BANK OF
CALIFORNIA, for ChulaVista Tract 78-2, Bonita Haciendas
dated the 6th day of December , 1983, 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
Approved as to form by
John P. Llppitt, City
Engineer
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th
19 83 ,by the following vote. to-wit:
day of
December
LR.~
Mayq!) of(}he City of Chula Vista
ATTEST .~ 1!lci!~/
j/ City Cler .
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that
RESOLUTION NO. 11480
the above and foregoing is a full. true and correct copy of
"
,and that the same has not been amended or repealed.
DATED
(seal)
City Clerk
CC-660