HomeMy WebLinkAboutReso 1989-13936 RESOLUTION NO. 13936
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LETTER AGREEMENT WITH
BONITA LONG CANYON PARTNERSHIP TO GUARANTEE
CERTAIN DRAINAGE IMPROVEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the nature of the proposed grading for Bonita
Long Canyon Unit No. 7 is such that certain changes in the
natural drainage pattern of the property are unavoidable, and
WHEREAS, said changes involve draining approximately 9
acres westerly, instead of easterly and this drainage is then to
be deposited in a pipe culvert currently maintained by the County
of San Diego, and
WHEREAS, the County has stated that they will allow the
additional water to be deposited in their system provided that
the developer makes certain improvements to their drainage system
located in Dawsonia Street, and
WHEREAS, the County requested that the City require that
the developer commence construction of the offsite improvements
within one year of recordation of the Final Map, and
WHEREAS, Bonita Long Canyon Partnership has provided
letter of agreement indicating that they will commence
construction within one year as required and submitting a bond
for the estimated amount of the construction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve a letter agreement*
with Bonita Long Canyon Partnership to guarantee certain drainge
improvements.
Presented by Approved as to form by
5164a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th doy of January
19 89 , by the following vote, toil:
AYES: Councilmen: McCandliss, Nader, Moore
NAYES: Councilmen: Mal col m
ABSTAIN: Co~ilmen: None
ABSENT: Councilmen: Cox
MAYOR PRO TEMPORE
ATTEST L
~/ - city C~k' ~r
STATE OF CALIFORNIA )
C()UNTY OF SAN DIEC.-~) ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION N0. 13936 ,ond thor the some hos not been mended or repeoled.
DATED
City Clerk
CC-660- Hp'i' 1
January 13, 1989
John Lippitt
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 92010
Subject: BONITA LONG CANYON UNIT 7, CBUXA%~XSTATRACT 86-3
Dear Mr. Lippitt~
We submit herewith Bond No. 392064 in the amount of '
$167,200.00 to guarantee the installation of a storm drain
system within Dawsonia Avenue located in the County of San
Diego. All plan processing for the offsite storm drain will
be processed by the county of San Diego.
In accordance with County of San Diego letter dated November
18, 1988 (Dave Soloman), copy attached for your reference, we
agree to commence construction of this improvement within one
year from the date of recordation of the Bonita Long Canyon
Unit 7 Final Map.
The City will not release this bond until it has been
informed by the County, in writing, that the subject storm
drain has been guaranteed to the satisfaction of the County
of San Diego.
Very truly yours,
BONITA LONG CANYON PARTNERSHIP
By: 'M Mcil~ ' Dev~
Managing Partner
Virgil E. Elliott
Senior Vice President
EE:slp
Attachment
2727 Hc~ ~r A~n~ · N~tk)nal C~y. Calif~naa 9205(~9973 · (619) ~77~17 ~ '
~u~ i~.0~d ,:.b~,t 9e.e, '619)xBr6tBI £~6 860 c1 HVr
. . BONITA LONG CANYON UNIT NO. 7
· .: . DAWSONIA STORM DRAIN
BOND NO. pd 392064':
, .Cop/el ~ of 3 Executed Copies PREM:XUq ~; 1.170',O0 , '; =
BOND FOR FAITHFUL PERFORMANCE
· ' WHEREAS, The City Council of the Clt of Chula Vista,
State of California and BcmeCapitalOorp. &F~inDcvcl,c~t, Inc..'
DBA DONI~A LONG ~ ~A~<b~Ll, " (herein&E'ter d&e'ign~6ed as
~principal.) have en~red"~nto'an' agreement whereby principal
agrees to install and complete certain designated public
' 'improvements, which said agreement, dated
19 , and identified as pro~ect_ BCNITA
referred to aa~ made a 'par= hireell
WHEREAS, Said principal As required under the terms ,
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal ands.
~~D~~ , as sureuy, are
held a~d firmly' ~'o~nd'uH'u0 the City of ChUla ~" eta, hereinafter
i
called "City", in the penal sum of CNEteSIXTY-SEVENTaOUSAND
T~D HUNDreD N~ .NO..Z100 * * * * * * * *_dollare'($"'167t."' 200.i00~ )'.
l~wful m0~ey ~f"the*United S~ates. for the p~'ymenu of wh.]ch s~un
well and truly to be made, we bind ourselves, our heirs,
~ccessors, executors and administrators, ~ointly and severallye..
firmly by these presents. '
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true .intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employe6s, as therein
stipulated, then this obligation shall become null and voidl
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face am~ount 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 0bli~ation, all to be taxed as costs and ~n-
cluded in any ~udgment rendered.
The surety hereby stipulates and agrees that no change~
extension of time, alteration or addition to the terms of the
~ .~,9~/.
agreement or to the~rk to be performed thereunder oF the
specifications accompanying the same shall in anMwisa affect
its obligations on this bond, and At does he:shy valve notice
of an~ such change, extension of tame, alteration or addition
to the tarms oE the agreement or to the work or to the speci-
fications.
x~ addition to the acts bonded Eor pursuant to the
· agreement'incorporated above, the Eollowin~ acts and performances
are additionall~ subject to the terms of this agreements
Xn vAthess whereof, this instrument has been dul~
executed by the principal &rid suretM above named, on .....
January. 13 , 19 89 .
BONITA LONG CANYON PARTNERSHIP ALLYED l~btual Xnsur~ce_.~k~=y
' Cont:ac~O: Su:e~M
P. O. ~OX lS20
LAMES~ CA ~204~ '
APPROVED AS TO FORM~
CAtM Attorne~
PW-E-34
~ti)] S3:,I_~,~9 H'l]IL4].| F.:60 68, 6T ~J~£
BONITA LONG CANYON PARTNERSHIP ,-,
A CALIFORNIA GENERAL PARTNERSHIP
BY: I¢c1~1LL11¢ Dt"VELOPHENT, INC.
A CALIFORNIA CORPORATION
GENERAL PARTNER
BY:~
BY: HQetE CAPITAL CORPORATION
A CALIFORNIA CORPORATION
GENERAL PARTNER
8/31/88
Power of Attorney
!nluran~l
KNOW ALL MEN BY TIIESE PRESENT~ That ALLIED Mumd Irmarange Company, a ecH'poraltoe orlanlzed
under the I*w~ of the State of iowa, with its I~ oillea tn the Cil7 of I.Nm Molneso Iowa, herd&after called
does hat'b)' make, cot~itute and app~nt KEITil t. CLf. MENI~ $11ERRY IIOFTMAN
KERRY JEANNLI [ ~; ilXV~4~ W. DOI~ON
each in his indhtdual c~u , lu Irue and lawful Auorney-/n-Fact with M peff~ and Ruthods,/to alia, seal, and execute
in it& behalf an1 and all ~1~ and undertaklnl~ and other obilt, atoey |nslr%~mema or similar nature (exctpt bonds gnatan-
leein~ me pa)'ment of principal and latetest of notek mortirap bond~ and mortlalet) in penaltie~ not exceedin~ the sum or
( I z,oee,~eo.oe )
and to bind the Cornpan7 thereby, as fully and to u~e same extent at if such Ins~'~3menu were signed by the duly authorized
oll~cer~ of the Comp-ny; and all ~cu of said Auotne7 punuant to ~he authority het'~by liven are hereby raUl]ed and
l~rmed.
Th|s Power of Attome7 b made and axe&steal pursuant le and by guthods7 of the followIn8 By-Law~ duly adopted by the
Board of Direc~on of the Corn .
'SectNN'. 2. Beads. ~ing~, and e~ee obltlatot7 mmenU of semilee MturE, other thgn p~t.~ and endorsements, la~Jed
by ~ Cor~xxation shall be vabdll esemaed and tmdl en the Cot~otation when s~ned bl the President. or · VN:E President, ot by
AttotU"ney(s)-l n-Facl app4Nnted b)' the IFii~,~i-,~ or bl ·~N~ PrelldetlL
'Sectran 3. The PrasNte~, or · VN:e I~resident, shall hav~ the po~et to appdnt e~u of the Corporation, ot other persons,
Attotney{s)-in-Fa~t to a~t oe beh~f of Iho Coqx3tlM~gn la U~e e3ec~tlon of bomt~ undort~kl?nE I, and other oblilatot)' inl%llfr4ntl o[ ~
nature, other than poba~ and endorsemama with full pew to bind the CotNat/on b ~el~ signature and execution of an)' such ir~ttu-
meal The appomtmem of sud~ Attotne~s)-In-Fm shall be ~ bI Powees o~Y~tt~'ney signed by the PtesKknk ot · Vk:e Pro0-
ident.
'Fhis Power o1' Auome7 is dined and ~ealed b}, fanimlle under and by U~e followfroI By. Lawu duly adopted b~ the Board
of Directon of the Company.
ARTICLE IX - E. XD. CUTION OF C'ONTRACll '
· 'Section 4. The SeerE, r)', ot an Arestans $ecalRNT. k autl~ttzed te ~ertlf)' that an), s~h Power or Attorney so l[ined sh~| be
validty executed and bmdinI on the Cot ation; and to mti~ thM any bond, un~erlakinl, or obl~ator)' instrument of stmilu nature, other
thnn poliaes and endoremenu, to wh'~tl~ Po~et of Attorne)' is attadsed/m taxi shldl ~nUnue to be · v~id and binding obllgaUon o{ the
Corpor ' ' '
.
oblig&tot), instrunk, at of slmilat natwe, other than poltctel and endorsemenu, s~gn0cl on bah of the Corporation b)' the Presklent, or ·
VKe PresKlent, or Attotney(e)-I n-Fact ~opointed by tM Praskknt, ot · V~ PrEskknt, or an)' Power of Astor&e)' executad on behalf of the
Corporation appointing Attorne~,).ln-Fac:l to z~t for the Corporation, ot of an)' ~erti.~:alt ~o be ~xe~ted by th0 Secret&r)', or 0a Asll~lant
Secretary, as heroin&boys in Section 2, 3, and 4 of this Art&dE provided, that the ~orpotm N-t be aftused to any such instrument but the
ix. rson authorized to ~i;n luch inslrument ma)' afFa th0 ~xpotW NaL, and · fa~smU~e corNate xal a~xed to an)' such instrument
be u elTe~dve and bind:hi as the otilinal seaL'
'Sectioe 6. A facemile qnatum of the President, ee ef · Vioe PresCIent, ~lxed to an)' b~nd, under&king, ot obllg&tot)' tnlttument
o1' similar nature. other than ~ and efidoteemenu, ee to · Power of Attorney signed by such Pre~lent, or · Vice Presklent, as heroin
in Sections 2 an4 3 prorifled, or · fa~imib silnau~e of the SecrEtary, ot of an Asrl~lAnt Secretary to any cerljl'~c&te as herein in SeeUon 4
provided. shall be etl'e~j~e and bindinI utxm the Corporarico& with the same fore and effect as the original signatures of any such ofri4:ers.'
'~ecuon 7. A facsimile signature of · formal' ef1'N:~t ~ be of tbe lame validity as that o{' ~..~ existing olTecer, when ~l~xed to
policy or endor0emenl. any bond or undett~inl, an)' Power of AStor&e/ot oartiff. ate, M heroin in Se~uon I, 2, 3 ~ 4 provided.'
IN WII'NF. SS WiiEREOF, the Company has caused these presents to be signed by lt~ President and its ~orporate seal to
be hereunto alTixed this e.1 day o~.~,~..~:~.~GUST . ! 987 ,
pursuant to auth~xst)' given b)' the Board ef D~'e~on of said corporation and that be has slg his n~ne thereto pursuaal to like author-
i. the undemgned. ~ecTcary of ALLII~D Mutual Imuranoa Company. I colrporatloll ort~llized undr. I.tle !awl ol'l~e
SLale olr Iowa. do hereby ccl'l~'y I~ll the foreBoinl Pmvcr of Al~orney is ss~ll in force. mid l'uftllet ce!-!~ that SeclIoll 2, 3,
5. 6 and 7 of Arlide IX of Lhe By-Law~ >f Lhe Company sel fo~lh in said Power o1' Attornc3r are Itill in force.
have subs4=ibed my name and a!~xed the seal of the cornpan
this 13U1 day of ,.lara~k~_r,Y' ~,,
This Pea'at of Attotnr/expirel 0E/03/ge
Bd I (04.-I~ 00
STATX OF CAMFCnUG~
" )
COUNTY OF BAN
'A'; ~,l or a u 1 , biter,
~, aim J. aordan , , ~rso~ll~;~'~ to X (~.
co~ration ~%
one o~ ~m Ventral ~~ Or ~k ~NO ~F;N P~HZP,
mc~owlmd~ to m ~ mu~ eelration um~t~ ~m mmu mm
mu~ ps~mr ~ ~t mu~ ~mr~lp mx~W ~m mum,
~;~Z,-,,~ ~ TICOR TffLE INSURANCE
(Corl~radon u: parmcr of · pumcrship)
,o ,,T~: o~,-,~,~?? , - ...
thc wither instrument., ~nd U:kQ~ me
bchd o~ _ _ "' / the parm_c~ship that
corporation executed the same u such parmet and that
such pa~ncxship ccccuted the
WITNESS my hax:d and ofrx~l
STATE OF CALIFORNIA
CERTIRCATES OF ACKNOWLEDGEMENT
STATE OF CAUFO RNtA )
tl. CERTIFICATE OF ACKNOWLEDGEMENT
County 04 ) INDIVIDUALS
persons~ known to rr~, s proved to me on me buis 04 ut~fsctoq eX~aence, to be me pers~{s) whose nsme(s} is(am;
subscrd~ed to mls instrument, snd scS~xm~dg~ rest he, she, or they execute~ it.
Witness my hsr~ sn<l omctsl SeSl on the ~ snd yet sOove writfeet. '
(S~L) ~T~RY P~
STATE OF CALIFORNIA ) M. CERTIFICATE OF ACKNOWLEDGEMENT
County ol ) PARTNERSHIP
On mls day 04 in Ihe year . before me .
· notsty put~c, per,on·try N:~:eateO
per,ior~lly known to me. or pmNsd to me on the ~ 04 I~ilfectoq evk:lence, to be the per~n that executed mls Instru*
witness my hst~ srd official seal on ~e ~ en~ yeat Ibove wrl~en. J
NOTARY Pt~UC
STATE OF CALIFORNIA ) u. CERTIFICATE OF ACKNOWLEDGEMENT
County 04 )' CORPORATION
On mls day O4 in ate ).eat __, before me ,
· nOt·n/publiC. perSOnally appeared
perSOnally known to me, or proved to me on the basis 04 satlsfacton/evidence, to be Ihe person who e~ecuted the wtthlr;
instrument as r'l president, E:] secret·n/, on behalf of the corporation therein named and ad~ed to me that the corpo-
ratio~ executed it.
Witness my hind Ind offida] leal on the {;lay ~ yell' N;}ove written.
(SEAL) NOT~-"W PUSt.~
STATE OF CALIFORNIA ) ss. ' CERTIFICATE OF ACKNOW1.EDGEMENt'
County of San Diego ) CORPORATION
On ~s 13th day 04 Jamtory .
a not·n/pubS, personaJ~y appeared Steven 147. ~ 1989 before me Sherry Hoffran
;~.fsonally ~ !o me. or proved to me on Ihe basis Ot saltstactoq evidence. to be the person who executed the.ffit;
,nstrument as ·~tomey-in-facl on betroll 04 ALLIED MUTUAL INSURANCE COMPANY. the corporation Iherekl named. Ird
acknowledged Io me real Ihe cOqx}~bOn executed it.
SHERRY HOFFI~ ....... ; "' '