HomeMy WebLinkAboutReso 1977-8747roan :vo. s~~
Rev.. 3/79
RESOLUTION N0. $747
RESOLUTION OF TF.E CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND JACK R. MESTLER, INC. FOR TENTATIVE PARCEL
MAP 11-77
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BF IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
JACK R. MESTLER, INC. for Tentative Parcel Map 11-77
dated the 25th day of July 19~L, a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same i.s hereby approved,
BE IT FURTE:ER 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
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George D. Lindberg, City Attorney
Approved as to f~rm by
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George D. Lindberg, City Attorney'
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 26thday of J~lv , 19~_, by
the followinc note, to-wit:
AYES: Councilmen Cox Hyde Scott Eadahl, Hobel
NAYES: Councilmen None
of Chula
true and
not been
I~ City Clerk of the City
Vista, California, DO hEREBY CERTIFY that the above is a full,
correct cony of Resolution No. and that the same has
amended or repealed. DATED
ty cier
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA.)
SUBDIVISION IMPROVEMENT AGREE?BENT FOR APPROVAL
OF TENTATIVE PARCEL MAP 11-77 - JACK R. MESTLER, INC.
THIS AGREEMENT, made and entered into this 25th day of July,
1977, by and between THE CITY OF CHULA VISTA, a municipa corpora-
. tion, hereinafter referred to as "City" and JACK R. MESTLER, INC.,
355 "K" Street, Suite K, Chula Vista, California 92010, hereinafter
referred to as "Owner";
W I T N E S S E T H
WHEREAS, Jack R. Mestler, Inc. has heretofore submitted a
Tentative Parcel Map 11-77 for the division of certain property
located on Elder Avenue, more particularly known as County Tax
Parcel No. 572-101-08, and
WHEREAS, sais Tentative Parcel Map meets the requirements
of the Chula Vista Municipal Code and may now be certified subject
to the fulfillment of certain conditions precedent thereto.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Owner agrees that prior to the approval and certifi-
cation of that certain parcel map dividing certain property located
on Elder Avenue, more particularly known as County Tax Parcel No.
572-101-08, that they will either cause those improvements as shown
on Drawing Nos. 77-279D through 77-280D on file with the Public
Works Department, in the estimated amount of SIX THOUSAND TWO HUNDRED
SIXTY DOLLARS AND TEN CENTS ($6,260.10), to be accomplished or will
provide adequate security therefor.
2. Owner has posted a surety bond as guarantee for the
installation of improvements issued by Fireman's Fund Insurance in
the amount of $6,260.10.
3. Owner agrees that said improvements as shown on Drawing
Nos. 77-279D through 77-280D shall be completed within two years from
date of Council approval of this Subdivision Improvement Agreement.
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 OWNER: JACK R. MESTLER, INC.
Approved as to form by
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City Attorney
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PU tlUIC OW
PHINCIPAI, CALIF
OFFICE IN
S
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N G~EGO COUNTY
on &pires ia
nuary 26, 1981
GENERAL
POWER OF
ATTORNEY FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS. That FIREMAN'S FUND INSUAANC£ COMPANY, a Corporation duly organized and existing
under the laws of the State of California, and having its principal off ice in the City and Cou~n~ty o1 San Francisco b said State, has made,
constituted and appointed, and does by these presents make, constitute and appoint A[I[i 1E 0. {'~~1Q1(1.1~ ~~~~~~~-~~~~~
its true and lawful Attorney(s)-in-Fact, with full power and authorly hereby conferred iv its name, place and stead, to execute, seal.
oakaowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereoP -------°---^-----°----------------°-----------°--~~~~°~
and to bind the Corporation thereby as sully and to the same extent as it 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 Attorney(s)-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 FIREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in lull force and ellect.
"Arlide VIII, ADPOin[vrenG and .Inthvr(yt of Rreidrnt AasixtanE Secretary, and At[orneve-en-Fact and Apenta to accept Leyal Process and Make
APPearancae.
Section 30. AppoinGmexG. She Chairman of the Hoard of Directors, the President, any Vice-President or any other person authorized by the Board
f Aredom, the Chvrsman of the Bomd of Dvecmrs, the President or any Vme-PresitleN, may. Irom lime to time, appoint Resident Assistant Secretares and
Attorneys-~n-Fact to represent and act far and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behvll of
the Corpomtiov.
Section 31. Assthoript. The Authority of such Resident Assistant Secretaries, Afmrneys-in-Fact, nd Ag is shall be s prescribed in the instrument
video ing thei appointment, and any such appointment and all autharitY granted thereby may be revoked at any time by the Board of Directors or
by anyepereon mpowered to make sucF. appaintmenL"
This power of attorney is signed and sealed under and by the authority of the Iollowing Resolution adopted by the Board of D!rectors
of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of luly, 1966, and that said Resolution
has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Pesident Assistant Secretary of this Corporation, and
the seal al this Corporation may be aflixed or Printed on any power of attorney, on any revocation of any power of attorney or en
any certificate relating thereto, by facsimil nd any power of attomey, a y revomtlon of any power of attorney, ar certitimte bearing
such facsimile signature or tacsimde seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President
and its corporate seal to be hereunto aflixed this~9YlLday o1_ A U¢uei 191.
p~`'c
~~ Ve FIREMA S FUND INSURANCE COMPANY
,
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BY .__--
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_
S D MENIBT
STATE OF CALIFORNIA,
}
ss.
CITY AND COUNTY OF SAN FRANCISCO )
On thisl9C~Lday of~VeC 19~-, before me personally came 5. D. MENIST, fo me known, who,
being by me duly sworn, did depose and say: that he is Vice-President a( FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal aflixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have herevNO set my hand and aflixed my official seal, the day and year herein first above written.
~IYW NNNNNNNNN.NNNN.gNNNM~~N.~
~ ETHEL L WATKINS
NOTARY PU6lK • CAl1FORNU
UfY AND COUNfY OF
SAN FRANUSCO
eq
~~
ETHEL L WATKINS N t ry Public
My commtsso p March 2. I9A
CERTIFICATE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO ss
I, the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in lull force ¢nd has not been revoked; and furthermore that
Article VIIL, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Dvectars, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City and County of San Francisco. Dated the Z 15 t day of ~ U ~ Y 192.
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36025](HO) (FF)-5-6]
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WINiFAED H BAOWNE A amtant Secretary
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Ho c No: 73J 45
SURETY BOND FOR FAITHFUL PERFORb9ADICE
KNOW ALL PERSONS BY T{iESE PRESENTS:
That we JACK R. NESTLER, INC. , a corporation of
3:~5 K. St., Suite K, Chu'-a Uista, Ca r as Principal, and FIREMAN'S
FUND INSURANCE COMPANY . of 400 Cedar St., San Dienc, Ca r
a corporation, incorporated under the laws of the State of California
and duly authorized under the laws of the State
of California to act as Surety, are held and firmly bound unto
C[TY OE CHULA VISTA in the sum of SIX THOUSAND TWO
IiUNDRED SIXTY &10Y10rJ -- -•-DOLLARS 05.260.10) lawful money of the
United States of America, for the payment whereof, well and truly to
be made, said Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents
The condition of the foregoing obligation is such that whereas the
above bounden Principal has agreed to provide certain improvements
for ttie property known as ELDER STREET PARCEL MAP
in accordance with AGREEMENT
dated JULY 21, 1977 , and is
required by the said CITY OE CHULA VISTA to give a bond
to guarantee the performance and the completion of said improvements;
IQOW, 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.
Tlie Surety does hereby consent to any
tions and revisions to the Agreement
but not limited to any extensions of
be agreed upon by and between CITY
Principal,
SIGNED AND SEALED AT Sar: Diego, Ca on this 2'.a_t_ d-ay
of JULY , 19 `17
APPROVED AS TO FORL`I:
George D, Lindberg, City Attorney
JACK R, NESTLER, INC,
Lame of Company "-
BY ~, ~ J7
_!< Mestl2r, Pres~_dent
Y
and all alterations, modifica-
secured by this Bond, including
time for performance. which may
OF CHULA UISTA and the
By V. ~
Angie U/ Ma~,!ricio, 'Attorney in Fact
PW-£-100
/ t.
UNANIMOUS CONSENT FORM
IT IS HEREBY REQUES`PED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Sec,2.04.090 of the Chula Vista City Code.
Resolution - Approving Subdivision Improvement Agreement for
Approval of Tentative Parcel Map 11-77 - Jack R. Mestler, Inc.
Uranim. us Consent of the City Counc
signat~~'es: ~ ~~~
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