HomeMy WebLinkAboutCC RESO 11,596RESOLUTION NO. 11,596
RESOLUTION AUTHORIZING EXECUTION OF BOND
(Watercourse Permit Bond,
Insurance Company of North America)
BE IT RESOLVED by the City Council of the
City of National City, California, that the Mayor is
hereby authorized and directed to execute that certain
"WATERCOURSE PERMIT BOND" to permit city to perform
watercourse work within the unincorporated area of the
County of San Diego, east of Highway 805 at Sweetwater
River.
1974.
ATTEST:
BY
PASSED AND ADOPTED this 24th day of September,
Y CITY CLERK
Bond No. M 90 53 11'
WATERCOURSE PERMIT -BOND -premium $600.00
Permit #253
KNOW ALL HEN BY THESE PRESENTS;
l
•THAT 4tE, City of National City, California
(Permittee)
As Principal, and Insurance Company of' North America
(Bonding Company),
3500 5th Ave., San Diego, California
organized and existing under the laws of the State of Pennsylvania as
Surety, are held and firmly bound unto the COUNTY OF SAN DIEGO, State of California,
in the just and full sum of
Sixty Thousand and no/100 Dollars ($60,000.00)
lawful money of the United States, for the payment of which, well and truly to be
made, we bind ourselves, our heirs, administrators, executors, successors and assigns,
jointly and severally, firmly and by these presents.
The condition of•:the foregoing obligation is such that whereas said
principal ha filed or is about to file with the San Diego County Director of
Special District Services as Director, an application for a permit to perform water-
course work, within the unincorporated area of the County of San Diego, more specifi-
cally described in the application for the watercourse permit, upon real property
ownocdc)tnyxsxkk7priala xkxo xmxx
Fast of Highway 805'.at Sweetwater River
in accordance with the provisions of the San Diego County Code, Division 8 of Title a,
commencing wi ciI a=ccion 88. i6O,
NOW THEREFORE, if the above named principal shall well and truly comply
with a,l l applicable laws, ordinances and provisions of the San Diego Count' Code and
"if all of the work required to be done complies with all of the terms and conditions
of the watercourse permit for work to be performed to the satisfaction of the Director
and is completed within the time limit specified in said watercourse permit then this
obligation shall be void and of no effect; otherwise it shall be and remain in full
force and effect.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the permit or to
the work contemplated thereunder •or the plans and specifications attached to said
permit shall in any way affect the obligation of the'surety on this bone:, and it does
hereby waive notice of any such change, -extension of tine, alteration or addition to
the terms of.the permit'or to the work contemplated.
In the event suit is brnunht Irnnn f'hie hnw.i 1... 4.1... n.... • •
STATE OF CALIFORNIA
COUNTY OF San .Diego
.SS.
On this 20th day of September 1974
in the year
1 Artyce C. McGuire
a before ore , a Notary Public in and for' the
S1ATli OF CALIFORNIA personally appeared Ernest S. Hall
known to me to be the person whose nacre is subscribed to the within instru-
ment as the Attorney -in -Fact of the INSURANCE COMPANY OF NORTH
r'" • -----: , -AMR-i tu{,gf,Fknowledged to the that he subscribed the natne of the
INSt'�'Ryl`rvvE C'O IPANY OF NORTH AliMERICA thereto as surety and his
AnDiZ riabitk'dfiiAttu ney-in-Fact.
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY i
My Commi..ion Expire. Jonuory 27, 1978
birrib�'PrTrU PFIS-I A: _ - -<- - -
in and for tho State of California
is
in-
174
'ica
r i) VV 2 h'. rev .amr.:\sr
INSURANCE COMPANY OF NORTH AMERICA.
1'fIII.1I)ELPIII:\, P:\.
7,::itGlii aft inn bp U)efSz •01:Z5titti: That the INSURANCE COMPANY OF NORTH
AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the
City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the
Board of Directors of the said Company, on June 9, 1953, to wit:
"RESOL\'F:f), pursuant to Articles :f.(; and 5.1 of the. By -Laws, that the following Rules shall govern the execution
for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(I) "Such writings shall be signed by the President, a Vice President, an .Assistant Vice President, a Resident Vice
President or an Attorney -in -Fact.
(2) "Unless signed by an Attorney -in -Fact, such writings shall have the seal of the Company affixed thereto, duly
attested by the Secretary, an Assistant Secretary or a Resident Assistant. Secretary. when such writings are signed by an
Attorney -in -Fact, he shall either affix an impression of the Company's seal or use son other generally accepted method
of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature).
(:1) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys•in-Feet may be appointed by the President
or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see lit to
impose. •
(4) "Such Resident Officers and Attorneys -in -Fact shall have authority to act as aforesaid, whether or not the President.
the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu-
tion, the fly-Laws.nf the Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(t,) "Any such writing executed in aecnr(1tuncc with these Rules shall be as binding upon the Company in any ease us
though signed by the President and attested by the Secretary."
does hereby nominate, constitute and appoint ERNEST S. HALL, of the City of San Diego,
State of California
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf,
and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity
of persons holding .places of public or private trust., and in the performance of contracts other than
insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted
in all actions or proceedings or by law required or permitted.
All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of
the Company attached thereto by the said Ernest S. Hall, individually.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding
upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed
and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com-
monwealth of Pennsylvania, in their own proper persons.
IN WITNESS WHEREOF, the said C. DANIEL DRAKE , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY nF
NORTH AMERICA this 23rd • day of July 11) 74
INSURANCE COMPANY INORTII AMERICA
(SEAL) by...._
STATE OF PENNSYLVANIA ss,
COUNTY OF PHILADELPHIA
On this..._......__
Vice -President
.
23rd__day of July............__...__.__...., A. D. 19 74 , before the subscriber. a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came
C. DANIEL-DRAKE•--••- ....... •..•••-•• -•• Vice -President of the INSURANCE
COMi'ANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed
the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith,
that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of
said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru-
ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said
Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
(S AL eF
(•• ,My COm.
n1ISsi�
`� ' It, 1.be undersigns
pc original I'O\\t•Elt Qh
n In witneaewh p•ff
h ,Corpdi ti'on•,hfs;')
S • AC),�.
Cdd 02ZZLX2-"rnt21
Notary Public.
res November 28, 1977
\asistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
TORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
have hereunto subscribed my name as Assistant Secretary, and affixed he orporate seal of
20tY} day of _a.Rr".1.t.q.Mb..8.' ........18)14.
A •istant Secretary
MaYisD IN Y . A
INSURANCE COMPANY OF NORTH S /kMERICA BOND NO
• PHILADECPHIA, PA.
APPLICATION FOR 3OND
Complete General Information, Indemnity Agreement, and Applicable section. Attach
Applicant's financial statement or complete financial statement provided herein.
AMOUNT $
PREMIUM $
AGENT
0 GENERAL INFORMATION
0 I
Bond Description:
Watercourse Permit Bond
Applicant's Name:
City of National City
Age:
Address:
Civic Center, National City, CA
Occupation or Business:
Obligee's Namo and Address:
County of San Diego
E;timatod Not Worth of Applicant:
Bond Amount: (If opon penalty, so stato)
$60, 000
If Fiduciary or Judicial Proceedings Bond, Namo
Court:
Docket #:
Attorney Namo:
Address:
FIDUCIARY t30NDS o
Type of Fiduciary Bond ,,,,,
Date of Appointment
Name of Deceased or Bankrupt "..
Date of Death
Assets of Estate or Trust .
Cash —
Securities — ''
Mortgages —
Real Estate —
Total Personal —
Debts of Estate or Trust
Has Applicant or anyone given
Will joint control be exercised 0 YES 0 NO Bond in the Estate before?
Is Applicant indebted Is there an unincorporated
to tho Estato? business in the Estato?
Applicant's relationship to Deceased, Minor or Incompetent
Name, Address, and Age of Heirs, Minors, or Incompetents:
On BANKRUPTCY BONDS, state whether assets are to be converted into cash for distribution among creditors, or if reorga-
nization of Company is expected:
2 e JUDICIAL PROCEEDINGS BOND o
Title of Proceedings: . 14% 7,4-,
Amount in Controversy
IF BOND INVOLVES THE SITUATION BELOW, PLEASE COMPLETE INFORMATION ,
L
Seizure or Character and Value of Property:.,,,
Release
of Property
Disposition of Property
Appeal or Amount of Judgment or
Supersedeas: decree:*
Injunction: Substance of bill or petition
asking for injunction:
Describe facts of case.
c +;•
i •
Y.
o LICENSE AND PERMIT OR o
MISCELLANEOUS BOND
Description of Applicant's Business:
How long engaged therein? ;
Description of Bond:
Effective Date: •
For what term?
INSURANCE
-
. LIMITS
CARRIER
Workmen's
Compensation: 0 ,YES
❑ NO
Public
Liability: 0• YES
0 NO
Property
Damage:0 YES
0 NO
Other: in YES
❑ NO
4 a LOST SECURITIES BOND 0
Name of issuing Company: r Co-obligoos, it any
If applicant is acting as Fiduciary, give names, ages, addresses and interest in estate of all heirs:
.0. I
I;
Serial number and description of lost
Securities:
•
Present Market Value? .
$
Par Value?
$
Registered in whose name?
Are dividends now being paid?
To Whom?
Have Securities been endorsed?
,
Assigned?
Pledged or Hypothecated?
Has Power of Attorney been given?
Has notice of loss been given? •;•
To Whom?
If check was lost, on what date did you stop payment? nrr -a; •
1 State in detail circumstances of Loss:
..11
a
-
1
Is
Financial Statement of Applicant as of ....
Cavil on hand
Notes Payable. ._...____._..._._._...__.___..___.._....__._.._-...___J__
(whoa due? For whet?)
Accounts Payable
Cash in Dank
Stocks, Bonds, otc.,�
(Give complete liar with present Market Value)
-' �'
(When due?)
Taxes:
Accounts Receivable
Due
(When duel Are thoy all peed?)
•Reserve
•
Borrowed or duo on Stocks and Bonds_
1
Inventory
Borrowed or due on Real Estate
Rotes Receivable
1
(When due? How secured? Are they good?)
____
2
Othor Liabiiitios and nature thereof _._____.
_
_________
Real Estate, location and description'
(In whose nondtitle
t eoor e stand?)
Authorized
'
Subscribed
2
Capital Stock Paid in
'Surplus or Not Worth. — __
Total Liabilities, w • Y "__.«.,•...__ _.
____ ___..___�_
Other Assets and nature thoroof
Total Asset:r,
t
NAME OF BANK THE APPLICANT HEREBY AUTHORIZES THE SURETY
TO CONFIRM THE BANK BALANCES AND ALL OTHER ITEMS COMPRISING THE SAID STATEMENT.
IMPORTANT —INDEMNITY AGREEMENT MUST •ICE COMPLETED AND SIGNED
The undersigned hereby ropresent(s) that the statements contained in this applicationaro true and were made without roservntlon nn an inducement
to the Insurance. Company of North America (hereinafter coiled Surety) to execute the bond eppllod for herein or procure other surety, upon its lull
or partial indemnity on me bond, or any soccessory bond, and for any continuation thereof, hereby agree(s) with the Surety, Its successors and
assigns, should the Surety execute said bond, as follows:
9. To pay the Surely in advance the initial premium of and thereafter pay in advance such additional premiums as mny becemo
duin until the Surety Is legally discharged and released of all liablllty under said bond and evidence of such discharge and release satisfactory to It is
delivered to the Surety.
2. That the undersigned shall indemnify tho Surety from and against all claims, demands, losses, liability, damages (including punitivo and
exemplary), costs, charges, attorneys' fees, expenses, sults, orders, judgments, or adjudications whatsoever which tho Surety may at any time
sustain or incur or bo put to by reason or in consequence of tho Surety's having executed or procured the execution of said bond, making any
investigation on account of said bond, defending or prosecuting any action, suit or other proceeding which may be brought In connection there-
with or in connection with any judicial proceeding referred to in the application, enforcing any of the agreements contained herein, procuring a
titease from said bond, or cancoifing said bond in accordance with any cancellation provision therein contained.
2. That the Surety shall have rho right and 1s hereby authorized, but not required, to pay, adjust, settle or compromise any claim, demand, suit
or judgment upon said bond or in connection with any judicial proceeding referred to in the application, and the voucher or other evidence of such
pesyment, adjustment, settlement or compromise, whether the Surety was liable therefor or not, shall bo prime facie evidence of the fact and extent
of Abe liability of the undersigned.
at. Thal in tho event the Surety is required to reserve from Its assets an amount to cover any claim, demand, liability, expense, suit, order. judg-
ment or adjudication by reason of a broach or dolault of the said bond or in connection with any judicial proceeding referred to in the appiicalien.
the undersigned will immediately on demand deposit with the Surety in currant funds on amount equal to such reserve as coliatorai security to be
fold by the Surety for its indemnification without derogation of any other rights to Indemnity afforded by this Instrument.
5. That separate suits may be brought to recover hereunder as causes of action shall accrue and the bringing of suit or the recovery of judgment
melee any cause of action shall not prejudice or bar the bringing of otter suits upon other causes of action, whether theretofore or thoroattor
a Ding.
'6. That if The said bond covers the replacement of lost securities, and said securities ever come under the undersigned's control or possession,
Sao undersigned will at its own cost and expense deliver or cause said securities to be delivered to the Surety.
7. That It Is expressly understood and agreed by the undersigned that any and all other rights which the Surety may have or acquire against the
rsadorsignod end/or others under any such other or additional agreements of Indemnity or collateral shall be In addition to, and not In iieu of, the
tights afforded the Surety under this agreement.
S. That in the event the Surety executes the bond with eosuroty or cosurotlos or reinsures all or any part of the bond, all the terms and
rssovlslons of this agreement shall apply and operate for thrr.benefit at such cosurottes and such reinsurers, as their interests may appear.
S. That these covenants shall be jointty and severoll,�.pining' upon,jhe. undersigned, their respective helm, executors, administrators, succes-
rs, and assigns. .•;
snod, sealed and dated this 20th Gay t Stg 1974•
WflTNESS: ':.
omtt r.. /
i'
\ Signature of Applicant, If individual or Co -partnership
ATTEST: -.v T F1 'tacarp ei a1 CGy t,�z CY ;"f' l rI.E)2K ;?, yY• /
127. d4 "— Deputy Signature -of Applicant, If Corporate (Give Title)
a�a
AGREEMENT —To bo executed by the Executive Officers of said Corporation in their individual capacities, or by other Indemnitors.
THUD PARTY Y INDEMNITY .AGREEMENT •
In consideration of the Insurance Company of North America executing, or procuring the execution of, or rolraining from
presently exercising its right to cancel or procure its release from, the bond herein applied for, we jointly and severally
join in the foregoing indemnity agreement.
Signed, sealed and dated this day of _ 19
WITNESS:
INDEMNITOR:
(Seal)
(Seal)
NOTE —Power -of -Attorney must accompany this application when other than the principal signs as an individual.
When executed by a co-partnorship, each member must sign his name.
Executions by Corporations must bo by officers duly authorized only, and not by representatives, unless Power -
of -Attorney to bind the Company to indemnifying agreements accompanies application.
NOTARIAL ACKNOWLEDGMENTS —
STATE OF
COUNTY OF
On this
1
GS.:
day of , 19 , before me personally came
to me known and known to me to bo the person(s) (or member of the firm) described In and who executed tho foregoing
instrument, and that ha thereupon acknowledged to me that he executed the same.
STATE OF
COUNTY OF
} ss.:
Notary Public
On this day of , 19before me personally appeared
to Me known, who being by me duly sworn, .dld depose and say: that he resides in the
that he is the of
the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation:
that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Board of Directors of
said corporation, that he signed his name. thereto by like order.
•
Notary Public
50.559A Printed to