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HomeMy WebLinkAboutReso 1980-10409 a 6/-Ucf . Rev. 2/76. RESOLUTION NO. 10409 . RESOLUTION OF THE' CITY COUNCIL':OF:"'l'HE"CrI'Y OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MABIE & MINTZ, INC. FOR IMPROVEMENT OF TELEGRAPH CANYON C.REEK CHANNEL ADJACENT TO CAS A DE LA CIUDAD 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 that that certain'agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and .' " MABIE & MINTZ, INC., for improvement of Telegraph Canyon Creek Channel adjacent to Casa de la Ciudad dated the 24th day of February , 1981 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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 ?-L_ ~~ John P. Lippitt, City Engineer ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 10th day.of. March , 19~, by I AYES: Councilmen Cox, McCand1iss, Scott, Gi11ow, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTEST cdAiQ /f. {~ Mayor of the City of Chula V~sta ~rit;~ ~(hk :Ar City STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. 10409 not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk J AGREEMENT FOR IMPROVEMENT OF TELEGRAPH CANYON CREEK CHANNEL ADJACENT TO CASA DE LA CIUDAD Tlf THIS AGREEMENT, made and entered into this t.,4 - day of f"Ef.3RUA.l2Y ,1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and MABIE & MINTZ, INC:, 6280 Riverdale Street, Suite C, San Diego, California 92120, hereinafter called "Developer"; WIT N E SSE T H : WHEREAS, Developer has heretofore, pursuant to the terms and conditions of that certain tentative subdivision map for Chula Vista Tract 80-7, Casa de la Ciudad, approved by Resolution No. 9881, to either constn.lct the one-half width of Telegraph Canyon Creek channel adjacent to said property or to deposit the sum of approxima tely $20,000 as the fulf illmen"t of that condition for the construction of the project which is anticipated to be undertaken by the Corps of Engineers, and WHEREAS, Developer has agreed to deposit the sum of $19,600, which has been determined to be the cost of said project, and has, therefore, fulfilled the obligations of said tentative map. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Developer agrees to deposit and City agrees to accept said deposit as full payment for the construction of the one-half width of Telegraph Canyon Creek channel adjacent to the Casade la Ciudad Condominiums. 2. It is further agreed that City shall refund the entire $19,600 without interest should the project not be con- stD.lcted within fifteen (15) years from the date of this agree- ment. IN WITNESS WHEREOF, agreement to be executed the forth. the parties hereto have caused this day and year first hereinabove set CITY OF CHULA VISTA OWNER: ~~0~~ Mayor of the City of ula v~ A'fTE :",~~~ City Clerk MA~fE ~ HIf4YZ) (fJ<:! 1) y T,J1.d.tJ1.(2,)~ .1Wu.~ p~ Approved as to form by ~~~~~ C~ Attorney R-I0409 I OL\6~ FE8 20 1981 Bond No. 730 85 75 SURETY BOND FOR FAITHFUL PERF'ORI-IANCE KNOW ALL PERSONS BY THESE PRESENTS: Tha t we MABIE & MINTZ, INC. , a corporation of San Dlego, Callfornia , as Principal, and THE AMERICAN INSURANCE COMPANY , of San Diego, California a corporation, incorporated undpr the laws of the State of New Jersey , and duly authori zed under the la~]s of the State of California to act as Surety, are held and firmly bound unto the CITY OF CHULA VISTA in the sum of 'Five Thousand I Three Hundred & 00/100' ($5,300.00) lawful Ir.oney of the United States of America, for the payment whereof, well and iruly to be made, said Principal and Surety bind themselves, their he~rs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whe~eas the above bounden Principal has agreed to provide certain improvements for the property known as CASE DE LA CIUDAD' CONDOMINIUMS - Chula Vista Tract No." '80-7 , in accordance with Subdivision Improvement Agreement ' , dated February', 24, 1981 , and is required by the said MABIE & MINTZ, INC: to give a bond to guarantee the performance and the completion of said improvements; NOW, THEREFORE, if the said Principal shall well and truly perform all the work specified in said agreement, then this obligation shall be null and void;, otherwise to remain in full force and effect. The Surety does hereby consent to any and all alterations, modifica" tions and revisions to the Agreement secured by this Bond, including but not limited to any extensions of time for performance which may be agreed upon by ,and be tween City of Chula Vista and the Principal. San Diego, California , 19 81.. on this SIGNED AND SEALED AT of February 18th day City MABIE & MINTZ, INC. ... BY=~~ AttorneY~THE AMERICAN INSURANCE COMPANY ~e, of BO~di~g Com any . ., ,,--r-. By -~L- U../0(/\Z.....,_ Muriel Faust, Attorney-in-~F~ct PI'I-E-IOO ) O~O<=t .--,<..~..- BOND FOR MATERIAL AND LABOR Bond No. 730 85 75 WHEREAS, the City Council of the City of Chula Vista, State of California, and MABIE & MINTZ, INC. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designate~ public improvements, which said agreement, dated February 24, .1981 19 , and identified as project CASA DE LA CIUDAD CONDOMINIUMS Chula Vlsta Tract No. 80-7 , is hereby referred to and made a part hereof; and t"lHEREAS, Under the terms of said agreement.. princ:ipal 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 firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of * Five Thousand Three Hundred and 00/100* dollars ($ 5,300.00 ), 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 ta be included in the judg~ent 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. Should the cOndition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. lO<--(09 County of San Diego i ss. On .a Notary Public 2/18/81 State of California of said , before me, the undersigned, county and state, personally appeared Muriel Faust known to me to be the Attorney-in-Fact of The American Insurance Company the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument un behalf of the Corporation therein named, and acknowledged to me that such Corporation cxecuted the same. ~~.~~ NOTARY PUBLIC / DeJO 9 ~;}, lJ:1!', I " ..~r""''''=''1 i"'~~,,;";5.t , '".--". __,~;j:".:.o.~="------'~ -2- - 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. In witness duly executed by the Februarv 18. whereof, this instrument has been principal and surety above named, 19 81 on MABIE & MINTZ, INC. , . ~ By, !2cU2-J Contractor APPROVED AS TO FORM, ~e1~~~- ~ity A:torn:y ~ PW-E-34 (D~Oq THE AMERICAN INSURANCE COMPANY By, OrvU.hJ-J~'h~Jc-vF Muriel Faust, Attorney-in-Fact Surety G'.2N'ENAL POWER OF ATTCRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN- BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and. existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California. has made. constituted and appointed, and does by these presents make. consltlUte and appoint MURIEL FAUST and MARY DONNA DOYLE jointly or severally SAN DIEGO, CA. its true and lawful Anorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead, to e.\ecllte, seal, acknowledge and deliver any and all bonds, un~ertakings, recognizances or other written obligations in the nature thereof____________________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneyls)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. ..Anicle VIIl. A"""inrmtnl ,md Aurh"rily..f RtsiJ,nl ASlIltllnl S"!'rtrlln". ,In': Arrornn-in-Fu' r unJ A,l/enl' t.. <I" "rt Lt'l!lll Pro,....,.\ ""d M(J~,. A"",'"r(JI"e<. Section 30. App"inrmtnl. The Chairman of lhe Board of. Director~, lhe Pre~;dent. any Vice Presidenr or any other person aU1horized by the Board of Direc!Or~. rhe Chairman of lhe 80illd of Direclor~. the Pre~;denl or an', Vice.Pre~iden\, may from 11mI' to lime. appomr ReSident A~~i~tanr Secretarie~ and Allorney~';n-FacllO rerfe~en1 and act for and on behalf of Ihe Corporarion and Agents ro accept legal process and make appearance~ for and on bc:half of the CorJ>l1nuion. Seclion 31, Aurh"riry. The Aothority of weh Re~iden1 A~sistan1 Secrc.raries. A..llorncy~-in.Fac1 and Agenls shall be ::~ rore,~rlbed In thc in,nument cviden,-ing their apl"ointlllcnt. and any ,uch appomrment anti all authoriry granted rhereby may t>c revoked at any lime by the Board (If DHCCh)f~ or b} any person empoll.ercd to m:Ac such "ppoinrmcnt." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by th~ Board uf Directors uf THE AMERICAN INSURANCE COMPANY at a meeting duly call~d and held on the 28th day of September, 196f1. and "aid Resolution has not been amended or repealed: ' "RESOLVED, Ihat the signature of any Vice-President. Assistant Secretary. and Resident A:-;sistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of allorney, on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile, and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation... . IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to he signed hy its Vice-President, and its corporate seal to be hereunto affixed this6..tLday, of Nnvpmhpr 1919-, THE AMERICAN INSURANCE COMPANY By ~ t.u.~,..._t-- .. v',c.Pr~"Jenl STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO 1 " 'is, On this 6th day of Novp-mbp-Y' 19-IL. before me personallv came Wi 11 i am W. I alJhpr to mt' known, who. being by me duly sworn, did depose and say' th~t he is Vice-President of THE A\1ERItAN INSURANCE COMPANY, ihe CorporatIon described in and which executed the above instrument that he knows the seal of said Corporation that the ~eal affixed tt) the said inSlrUmel1! is such corporate seal. that il was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto hy lik>: order IN WITNESS WHEREOF. I have hereunto sef my hand and atTI\ed my offiClal seal. the day and year herein first abo\'t' written. .............II.............HI...IIIII................... a ;; , OFFICIAL SEAL ;; ;; ~ SUSIE K. GILBERT ;; 5 ,-.- '., NOTARY PIlIUC - CALIfORNIA 5 = ~'. -:: aTY " COUNTY Of SAN RANClSCO :: :: .." My Comminion Expires No" 17, 1980 i i .1.......11...11......................_.........1. rJ:-G'- -/(~~ :-;lll~rl Pul-h,. CERTIFICATE STA TE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO l J ss. I. the undersigned. Assistant Secrelary of THE AMER.ICAN INSURANCE COMPANY, a NEW JERSEY (\Hporati\l(l, DO HEREBY CERTIFY thai the. foregoing and attached POWER OF ATTORNEY ro.:main~ in full force and ha~ nut been revoked and flJrtherml)re lh;lt Article VIII SectiOn:< 30 and 3\ of the By-laws of the Corporation. and the Resolution of the BO;lrd of Directur.~. ~el forth in the Power of Attorney, are 0(1\\'-- ;nlo"" .o/{ A_I S;gned and sealed at the C;ty and County of San Fcanc;scu Dated th'~day of "dZL'-'!.L,! dAd W-\~~1t, ~R-o~ 1,,1( ( (j~O~ 360711 '(H01-T"'-3-78 County of San Diego f 55. On .a Notary 2/18/81 11 State of California Public of said , before me, the undersigned, county and state, personally appeared Muriel Faust known to me to be the Attorney-in-Fact of The American Insurance Company the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. ('!., NOTARY PUBLIC ({)yDCf FEB 20 1981 SURVEY MONUMENT INSTALLATION BOND #7311226 KNOH ALL MEN BY THESE PRESENTS, That I/He as the subdivider and Principal, and the American Insurance Company a Corporation of the State of New Jersey , 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 con- di tions hereof, in the penal sum of *One Thousand One Hundred Fifty and 00/100* ($1,150.00 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. MABIE & MINTZ, INC. HHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as Chu1a Vista Tract No. 80-7 subdivision in the City of ChulaVista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and HHEREAS, the said Principal desires not to set durable monlli~ents prior to the recordation of the final map of the subdivision and desires to get same at a later date; NOI'I, THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by Byrl D. Phelps' (name or , as per the, final map of said subdivision, a copy of Engineer) which is On rile with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby 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 berore the expiration of thirty (30) consecutive days following completic and acceptance or public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN HITNESS "IHEREOF, the said Principal and Surety have hereunto set their hands', this 18th day or February 19 81. MABIE & r.lINTZ, INC. APPROVED AS TO FOru1: ~~F <"'City Attorney N INS NCE CaMPA ,- , '- (Surety)' " ~U ~/ Uj./)Y../ .e - 7; '/..A )<f;1 Attorney-in-Fact Muriel Faust PH-E-34 / D109 I.'.., ,I .. "-. -..-......... .-_..~----_.- .- i:' "... - .. . -. ~._._. -. - GE;,ERAL POWER OF AlTORNEY THE AMERICAN INSURANCE COMPANY KNOW A[;~ MEN BY.~THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the 1" laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made, conslituteJ and appointed, and does by these presents make. conStltute and appoint MURIEL FAUST and MARY DONNA DOYLE jointly or severally SAN DIEGO, CA. its true and lawful Attorney(s).in-Fact, with full power and authority hereby conferred in its name, place and stead. to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof____________________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by ils Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pur~uant to Article VIII. Section 10 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII. Afl(."jnrment und Aurh"rilv of Re5ident A.Hi.,run! Sfl'rtturie.l. on.! .'\lInrnn.i.t.Fu( r und Alle.1I1 I" ,a ('ept Lell(ll Pr""'\I,'lnd Muke 4.rp"(Jr"'M~' Section).O. App"jnrmtnl. The Chairman of rhe Board of DireclOr~. rhe Pre~idenl. any Vice. President or any other per~on authorized by Ihe Board of Dtrectors. the Chairman of the 80ilTd of Directors. Ihe Pre~idenl Of any Vice.President. ma~. from ltme 10 time. appoint Re~idenl Assi5tant Secrerar;es and Al1orne~s.in.Fact to fcpre,enr and aCI for and on t>ehalf of Ihe Corporation and Allenls to accepllegal process and make appearance, for and on behalf of the Corporation. Seclion 31. A.llrh..ril~', The Aurhority of ~och Resident As~t~lant Secre.larie~. Anorney,.in.Facl. and Agents ~hall be ~s pre~cribed in rhe in'lrUmenl e,tdencing their appointmen1. and any such appoinlment and all authomy granted thcreby may be revoked at an~ ltme by the Board of Directon or hy any per~un empo.....ered 10 makt' ,uct. appointment .. This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 19011. and said Re..olution has not been amended or repealed; "RESOLVED. that the signature of any Vice-President. Assi'itant Secretary. and Resident Ao;,sistant Secretary of Ihis Corporation. and the seal of [hi... Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorn<;":y. or on any certificate relating thereto. by facsimile, and any power of attorney. any revo~ation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation. H IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presen1~ to be signed by its Vice.Presidenl. and its corporate seal 10 be hereunto affixed this6..:tLday. of Nnvpmhpr 19~ THE AMERICAN INSuRANCE COMPANY By Vc>it.'~' _ W .~~.d' .. "' V'c~.Pr~"d~nl ST" n OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO ~ 55. f On this 6th day of November 19-IL. before me personally came Wi 11 i am W I ~lJhpr' to me known. who. being by me duly sworn. did depose and ..ay: thaI he, is Vice.President of THE A.\tERICAN INSURANCE COMPA!':)'. lhl' Corporation described in and which e.\ecuted the above instrument. that he knov..'s the seal of said Corporal ion: that the ~eal affi.'H:d to the said in~tfllme'nl is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he ...igned his name thereto by li!<-e order. IN WITNESS WHEREOF. I have hereunto set my hand and alTh.ed my official seal. the day and year herein fir"t above wrinen. I3U.........IIUI....I...................................a ;; OFFICIAL SEAL ;; ;; ~_. . SUSIE K. GILBERT ;; 5 ,-~ '. , NOTARY PUBLIC - CAUfORNIA 5 = .... .:; DIY & COUNTY Of SAN FRANCISCO : :: ,," M, Commission Expires Nov. 17. 1980 i- i ...11........11.................11I1.11II......".... ,d:-<<., .~~~ !\"t~rl" PubliC" CERTIFICATE STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO } ". I. the undersignl."d. Assistant Secrelary yf THE A..:-'1ERICAN INS.UR~NCE COMPANY a NEW JERSEY Curporati0n. DO HEREBY ~ERTlFY thaI the foregoing and attached POWER OF ATrORNE'l remains In full force and has not been revoked and furthermore that Article VIII. ;nej~~,:s )0 and )1 of the By.laws of the C<lrpocat;on. and the Res~lotf/: the Board oi1"'j}of'. set forth ;n the Power nf AlInrney, are ;ow S;gned and seal,d at the C;ty and County of San Franc;"", Dated the~day of ~...J5"'zt.,( a"'r-;?}. 1<1-0/_ W-\~e:~, ~R-o~ !Olf()9 360711 (HOl-TA-3-7S....