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Home My WebLink AboutCC RESO 14,764RESOLUTION NO. 14,764 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN MEYER C. WEINER COMPANY, SUBDIVIDER FOR SOUTH BAY PLAZA SHOPPING CENTER, PHASE III, AND THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City, an Improvement Agreement between Meyer C. Weiner Company, subdivider for South Bay Plaza Shopping Center, Phase III, and the City of National City as it applies to the installation of a traffic signal at the intersection of Plaza Boulevard and "N" Avenue in National City. PASSED and ADOPTED this 15th day of Oct Kile Morgan, M or ATTEST: Ion? Campbe Ci Clerk y APPROVED AS TO FORM: airA George H. Eiser, III - City Attorney BOND EXECUTED IN TRIPLICATE Bond No. YS877-8187 SURETY BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we R. E. HAZARD JR., INC. of San Diego, CA , as Principal, and INDUSTRIAL INDEMNITY COMPANY , of SAN DIEGO, CA 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 City of National City in the sume of *SEVENTY NINE THOUSAND TWO HUNDRED AND NO/100THS* ($79,200.00) 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 the property know as BAY PLAZA SHOPPING CENTER. in accordance with agreement to install a traffic signal at intersection of Plaza Blvd. and "N" Avenue dated September 4 , 1985, required by the said City of National City to give a bond to guarantee the performace and the completion of said impro- vements; 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, modifications, 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 between City of National City and the Principal. SIGNED AND SEALED AT San Diego, CA on this 29th , day of August , 1985 APPROVED AS TO FORM: R. E. HAZARD JR., INC. BY 4.4 BY William E. Rance - Secretary INDUSTRIAL INDEMNITY COMPANY Muriel Faust SECTION 3 1. Any change orders or modifications to the scope of the work shall not be authorized by Developer without the concurrence of the City of National City unless said change order or modification does not materially affect the respective obligations of the parties. 2. This Agreement can be modified, altered orr revised only with the written consent of both parties. 3. The improvement referred to herein shall be completed by Developer no later than March 31, 1986. Developer shall furnish a bond securing performance of the obligation set forth herein, in the amount of One Hundred Ten per cent (110%) of the cost of the impro- vement. DEVELOPER CITY OF NATIONAL CITY Meyer C. Weiner Co. BY : . R.E. Hazard Jr. Inc. BY: ATTEST: BY: ATTE YOR C./ 4zie CITY CLE • • BOND EXECUTED IN TRIPLICATE Bond No. YS877-8187 t SURETY BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we R. E. HAZARD JR., INC. San Diego, CA , as Principal, and INDEMNITY COMPANY , of SAN DIEGO, CA of INDUSTRIAL 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 City of National City in the sume of *SEVENTY NINE THOUSAND TWO HUNDRED AND NO/100THS* ($79,200.00) 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 the property know as BAY PLAZA SHOPPING CENTER. in accordance with agreement to install a traffic signal at intersection of Plaza Blvd. and "N" Avenue dated September 4 , 1985, required by the said City of National City to give a bond to guarantee the performace and the completion of said impro- vements; 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, modifications, 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 between City of National City and the Principal. SIGNED AND SEALED AT San Diego,. CA on this 29th , day of August , 1985 APPROVED AS TO FORM: /3„ R. E. HAZARD JR., INC. BY .(�.4:4i,.,,, IRNC--, BY William E. Rance - Secretary INDUSTRIAL INDEMNITY COMPANY Attorney -in -fact Muriel Faust State of California On this the 29 thday of August 19 85, before me, County of San Diego SS. OFFi,;IAL SEAL VICTORIA A. DAVIS NOTARY PUBLIC • CALIFORNIA Principal Office in San Diego County My Commission Expires Apr. 22. 1988 .-. •.440. Victoria A. Davis the undersigned Notary Public, personally appeared Muriel Faust IQ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Attorney -in -Fact or on behalf of the corporation therein named, and acknowledged tome that the corporation executed it. WITNESS my hand and official seal. Notary's Signature I.r✓./lJllllJJ,/,i./,/_/11111./YYll1.11./✓-�-r-rl!!/!f/./././I✓!!1!!!/!!l/,�I!_/!J.l!!llll�1lrl./././�Yl/Y/.//! J./✓✓./l� CORPORATE ACKNOWLEDGMENT FOR 7120052 NATIONAL NOTARY ASSOCIATION • 23072 Ventura Blvd. • W0001an0 Hills, CA 91384 ` ofa�e of cA#tornrg #824 INDUSTRIAL INDEMNITY' not i all men bg these presents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, ,and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint MURIEL FAUST its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLItIITED-- and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate al thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- aphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the me of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be finding on this Company, notwithstapding the fact that he may have ceased to be such officer at the time when such instruments shall e issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 12th day of March , 1980 HOME OFFICE -SAN FRANCISCO Attest:_ INDUSTL INDEMNITY COMP L. E. Mulryah, Secretary STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ss- BJ. �f aPlante, Senior Vice President • •1.r • r1� i/1u;l1P�1f, On this 12th day of March , 1980 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and L. E. Mulryan known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is -a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. i ,, . ..euns MARY MUELLER NOTARY PUBLIC - CALIFORNIA CITY & COUNTY OF SAN FRANCISCO My Commission Expires Aug. 3.1983 auu RM Notary Pu of Sa in and for the C'ty and County ancisco, State of California I L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 29th day of August , 19 85 , S 3 041 R7 (10/72)