HomeMy WebLinkAboutReso 1975-7800Form No. 352
Rev. 11-67
RESOLUTION N0. 7800
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
OTAY INDUSTRIAL PARK
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT
between the CITY OF CHULA VISTA
divider, FANNIN CORPORATION and
dated the 19th day of June
of improvements in that certain
PARK,
RESOLVED that that certain agreement
a municipal corporation, and Sub-
KARL TURECEK & RICHARD A. TUTHILL, partners
1975 , for the completion
subdivision known as OTAY INDUSTRIAL
a copy of which is attached hereto and by reference made a part here-
of, the same as though fully set forth herein be, and the same is
hereby 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 Ap roved as to o y
(, ~=' ~/
William J.~RObens, Director of George D. Lindberg, City Attorney
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this lst , day of Julv , 19 75 , by the
following vote, to-wit:
AYES: Councilmen Hobel, Hamilton, Scott
NAYES: Councilmen
ABS
ATT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above is a full, true and
correct copy of Resolution No. , and that the same has not been
amended or repealed. DATED
City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
.Tnna , 19~,, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and FANNIN CORPORATION,
a California corporation, a partner and KARL TURECEK & RICHARD A. TUTHILL
as partners, P. 0. Box 13128, San Diego, California 92113
hereinafter called "Subdivider";
W I T N E S S E T H
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final sub-
division map of a proposed subdivision, to be known as
OTAY INDUSTRIAL PARK pursuant to the provisions of
the Subdivision Map Act of the State of California, and in compliance
with the provisions of Chapter 28 of the Chula Vista City Code relating
to the filing, approval and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereof, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the require-
ments of Chapter 28 of the Chula Vista City Code, agreeing to install
and complete, free of liens, at Subdivider's own expense, all of the
public improvements and/or land development, work required in said sub-
division within a definite period of time prescribed by said Council,
and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into this
agreement wherein it is provided that Subdivider will install and com-
plete, at Subdivider°s own expense, all the public improvement work
required by City in connection with the proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney,
and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements anal conditions, as con-
tained in Resolution No, 7144, approved on the 8th day of January
1974, and
WHEREAS, complete plans and specifications for the construction,
installation and completion of said public improvement work have been
prepared, submitted to and approved by the Director of Public Works,
as shown on Drawings No, 75-83D through 75-113D , on file in the Office
of the Director of Public Works, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been sub-
mitted and approved by the City, in the amount of NINE HUNDRED ELEVEN
THOUSAND DOLLARS AND NO/CENTS ($911,000.00), and
WHEREAS, the estimated cost as approved by the City for the
installation of all monuments is attached hereto, marked "Exhibit A"
and made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. Subdivider. agrees to comply with all of the requirements
of the tentative map resolution; to do and perform o.r cause to be done
and performed, at its owm expense, without cost to City, in a good and
workmanlike manner, under the direction and to the satisfaction and
approval or the Director of Public Works, all of the public improvement
and/or land development work required to be done in and adjoining said
subdivision; and will furnish the necessary materials therefor, all in
strict conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the Director
of Public Works and by this reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30} days after the com-
pletion and acceptance of the required improvements, anal that Subdivider
has installed or will install temporary street name signs if permanent
street name signs have not been installed.
3. It i.s expressly understood and agreed that Subdivider will
cause a1T necessary materials to be furnished and all improvements re-
quired under the provisions of this contract to be done on or before
the second anniversary date of the recordation of the map of said sub-
division.
4, It is expressly understood and agreed that Subdivider will
perform said improvement work as set forth hereinabove or that portion
of said improvement work serving any buildings or structures ready for
occupancy in said subdivision prior to the issuance of any certificate
of clearance for utility connections for said buildings or structures
in said subdivision, and such certificate shall not, be issued until the
Director of Public Works has certified in writing the completion of said
public improvements or the portion thereof serving said buildings or
structures approved by the City; provided, howe~rer, that the improvement
security shall not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of_ said work, Subdivider will conform to and
abide by all of the provisions of the ordinances of the City of Chula
Vista, and the laws of the State of California applicable to said work.
6, Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an appproved improvement security in the sum of FOUR HUNDRED FIFTY-FIVE
THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($455,500.00)
which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked °Exhibit B" and made a part
hereof.
7, Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of FOUR HUNDRED FIFTY-FIVE
THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS X455,500.00)
to secure the payment of material and labor in connection with the instal-
lation of said public improvements, which security is attached hereto,
marked "Exhibit C" and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of FIVE THOUSAND DOLLARS AND
NO/CENTS ($5,000.00)
to secure the installation of monuments, which security is attached
hereto, marked "Exhibit D" and made a part hereof,
9. It is further agreed that if the public improvements are
not completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
public improvements within said subdivision in accordance with the
specifications contained herein. Upon certification of completion by
the Director of Public Worlcs and acceptance of said work by City, and
after certification by the Director of Finance that. al]_ costs hereof
are fu1J.y paid, the whole amount, or any part thereo:E not required for
payment thereof, may be re7..eased. to Subdivider or ii successors in
interest, pursuant ko the terms of the ~_mprovement security.
-
1COC
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any department,
board or officer thereof, be liable for any portion of the costs and
expenses of the work aforesaid, nor shall any officer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the limits established by
the approved improvement security in accordance with the requirements
of the State Subdivision Map Act and. the provisions of Chapter 28 of
the Chula Vista City Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in connection
with the approval of the improvement plans and installation of public
improvements hereinabove provided for, and the cost of street signs and
street trees as required by City and approved by the Director of Public
Works shall be paid by Subdivider, and that Subdivider shall have de-
posited with City a sum of money sufficient to cover said cost,
12. It is understood and agreed that until such time as all
improvements are fully completed and accepted by City, Subdivider will
be responsible for the care, maintenance of, and any damage to, the
streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall
guarantee all public improvements for a period of one year from date of
final acceptance and correct any and all defects or deficiencies arising
during said period as a result of the acts or omissions of Subdivider,
its agents or employees in the performance of this agreement, and that
upon acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to this
agreement; provided, however, that said acceptance shall not constitute
a waiver of defects by City as set forth hereinabove,
13. It is understood and agreed that City, or any officer or
employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Subdivider, its agents
or employees, in the performance of this agreement. Subdivider further
agrees to protect and hold harmless City, its officers and employees,
from any and all claims, demands, causes of action, 1i.ability or loss
of any sort, because of or arising out of acts or omissions of Subdivider,
its agents or employees, in the performance of this agreement; provided,
however, that the approved improvement security shall not be required
to cover the provisions of this paragraph. Said indemnification and
agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a con-
sequence of the diversion of waters in the construction and maintenance
of drainage systems and shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall City, by said
approval, be an insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans.
14. In the event that suit is brought upon this contract by
City to enforce the terms hereof, City shall be entitled to a reasonable
sum as attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
THE ~ TY OF CHUJ~,VI ~ A~ ~ ~ I ~J( 1 SUBDIVIDER: FANNIN CORPORATION
r~~o~ the citry o5r Chula Vistas Leonard W. Lundmark,
B. F. Snowden, Secretary
Approved as to fo b Attach Notary Acknowledgment here.
L
ity Attorney
3 - ~ j~W
OTAY INDUSTRIAL PARK a Partnership
Karl Tu ecek - Partner
Richard A. Tuthill - Partner
FANNIN CORPORATION,'aA California Corporation
L, W. Lundmark - President
y"'1'1-
B. F. Snowden - Secretary
STATE OF CALIFORNIA, COUNTY OF San Diego SS.
On ~, ~ / ~ / J ~~ before me, the undersigned, a Notary
Publ in and for sai~nty and State, personally appeared
k now n t o m e ~,~q»;»ia~ thee- R~ x.s.A•?1 •..
whose name is subscribed to the withrYn ~'~ ~ ument ~~dLS~.ak~riow:~edged
Y ~ ' ~ r r: ~~ oavls
that he executed the/~s~a~m~e~~ i ,: rc A ~~ ~>;;
~,,~-- d C .:30 O t Y ;
c•
Acid/( L~ &1~ Co ~ I ~i:-.n &tplres Aug "'i .
STATE CALIFORNIA, COUNTY OF San Diego "'""
On ~ -c~/jq /~/y~~ before me, the undersigned, a Notary
Publ' in and for said County andnState, personally appeared
~ known to me to be the person
t h i t h i~~"l;»~ ° 'iii'~ifi°E'°~°'~t~
whose name is subscribed to e w dg6
S O F ui SEAL i
that he executed the same. .$ ' 1 ~T~~.Yra r1 envis a
~ ~{+ I - '. ~ A SU. NIA 3~
/J~ ~i _~ !l/ ~t ~[,[ 9 j+ ~ "~~~ f IN~IY A~ O ~~GE IN
;: My Cormisslo pins A~ ~ .'
STATE OF CALIFORNIA, COUNTY OF San Diego a.•». .._°_:-.,`.'~,~`;_,..,.
On -~ /(i /~7s' before me, the undersigned, a Notary
Public and for said County and State, personally appeared
~ known to me to be President,_ and
t~«~ _ known to me to be the
Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and-acknowledged
to me that such corporation executed the ,within instrument pursuant to
its by-laws or a resolution of its board of,,.dlCectors.
9 CFFftiAL SEAL
~ h 4Tr r~Yt`1 ^1. DAVIS
+,p NO A' ' 'LlC CALIFO rcN IA
'"'
s P iIN ~ AL O FICE IN
s
SAN CLvO COUNTY
Commission Expires Aug. 26, 1975
LIST OF EXHIBITS
Exhibit "A" Estimate of Cost of Monuments
Exhibit "B" Improvement Security - Faithful Performance:
Form: Bond
Amount: $455,500.00
Exhibit "C" Improvement Security - Material and Labor:
Form: Bond
Amount: $455,500.00
Exhibit "D" Improvement Security - Monuments:
Form:
Amount:
Securi
Improvement Completion Date:
Bond
$5,000.00
and amount by
Two Years from Date of Council Approval
of the Subdivision Improvement Agreement
X8'00
Premium $6,833.00
Bond U780778
IIOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and Otay, Industrial park
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project
is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for,the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal andTJnited
Pacific InS,;rance domnan~ as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of Fn„r u„nAraA F;frv F;va
Thousand ..Five Hundred dollars ($ 55.SQQ )
lawful money of't-he United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his om 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,
ccnditions 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 employees, as therein
stipu'Tated, then this obligation-shall become null and void;
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 amount 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 obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
~7 ~Ov
-z-
agreement or to the work to be performed t.herecnder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
ficati~nc_
State of California
ss:
County of San Dieao
On JUrie 10th 19 75 ,before me, the undersigned, a Notary Public in and for said Couniy,
personally appeared Robert A Myers known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that _he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 15 own name as
Attorney-in-Fact.
~ / . _ _
r(, I r ".'... ~ .4
", a 'G C f y
My Co~hmkssion expires
Notary Fu61ic in and for said County
BDU-1618 ED. 3/72 (CALIF.)
J
APPROVED AS TO FORM:
City Attorney
PW-E-34
7 p'00
OTA
Turecek
PARK, ~ Partner~YYip
FANNIN CORPORATION, a California Corporation
`~~,~..~
L. W. Lundmark - President
-~~L ~-II/~~°R
B: F: Snowden -Secretary
STATE jlf CALIFORNIA, COUNTY OF Sen Dieoo SS.
On ~o //, /g 9S before me, the undersigned, a Notary Public
in an for said County and State, personally appeared Karl Turecek
, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
that
the same:
STATE ~ CALIFORNIA, COUNTY OF San Diego
On r , ._., ~ J // / 97S before me, the
in and for said County and State, personally appeared
OFFICIAL SEAL
HELEN A. KENT
NOTARY Pll BL1C -CALIFORNIA
PRINCIPAL OFFICE IN
SAN OIECO COUNTY
known to me to be th a son
whose name is subscribed to the within ins um an d++++.+++
that. ho executed the same: IALSEAL
HELEN A. KENT
~yL/~ ,,- -°® NOTARY POB LlC -CALIFORNIA
r1"VUpXn Q~ /,IJt..~' _ °.~'~~s PRINCIPAL CFFIGE IN
'7 '4ieonya
SAN OIECO COUNTY
My Commission Expires Jan. 30, 1978
STATE OF CALIFORNIA, COUNTY OF San Diego
On / 11 7S before me, the undersigned, a Notary ub c
in a for said County and State, personally appeared 1. U1. Lundmark
, known to me to be the President, and
F3:_F: Snowden , known to me to be Secretary
of the corporation that executed the within Instrument, known to me to 6e the
persons who executed the within Instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the within instrument
pursuant to its 6y-laws or a resolution of its board of directors: _ _
T OFFICIAL SEAL
HELEN A. KENT
NOTARY PUBLJC -CALIFORNIA
PRINCIPAL OFFICE IN
SAN DISCO COUNTY
My Commission Expires Jan. 30, 1978
~Y~Y~ - - . _ _ _
~~~~~
~.
UNITED PACIFIC ~`+' `INSURANCE COMPANY
~ e;.,
A MEMBER OF UNIT EO PACIFIC INSURANCE GROUP
HOME OFFICE: TACOMA, WASHINGTON 98401
P1OE11'" ^"'O 3U^ET* °EPARTM EST ~ POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by By~Law No. 37-A of its Bylaws, which reads as
follows:
"The President, any Executive Vice•President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President of this
Corporation, shall have authority to appoint in writing such attorneys-in-fact as the ousiness of the Company may require, and to authorize such
attorneys-in-fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre•
tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when [he corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu-
tive Vice-President, any other Vice•Presiden[, any Assistant Vi<e•Preside nt, or any Resident Vice-President may revoke any appointment made puo
suant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint ROBERT A. MYERS of SAN DIEGO, CALIFORNIA-------------------
its true and lawful Attorney-in•Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.
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 oflice in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed
E t've
xecu a
by its Vice•President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary,
this 24th day of August Iq 7I
UNITED PACIFIC INSURANCE COMPANY
Attest: s/ GERRY L. WHITE
Assistant Secretary
BY.
s/ MORRIS E. BROWN
Clltl Ve Vice•President
(SEAL)
STATE OF WASHINGTON
PIERCE ~ss.
County of
On this 24th day of August
19 7I ,personally appeared
MORRIS E. BROWN
and GERRY L. WHITE to me known to be the EXeeut ive Vice-President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that By-Law No. 37-A, set forth therein, is still in full force.
Witness my hand and seal hereto affixed the day and year first above written.
My Commission Expires .Ianl7a rxJ IS 19 74
s/ Bertha M, Barragar
Notary Public in and for the State of aS I.ng tOn
STATE OF-WASHINGTON ~ Residing at Tacoma
ss.
County of PIERCE
I GERRY L. WHITE Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,
do hereby certify that the foregoing instrnme.+t is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same
is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto sec my hand and afhxgdahe seal of said Company at the City of TACOMA n
i
this ~~ day of ,T 1R . 19 75 ~~ r ~,i ~-r _ ~ ~~ ~_ ~P SEAL
- ~__ --- Assistant Secretary ~ 1
30 General -Power of Attorney Rev. 11-66 %•
)~n~S ,/
Premium Included
Bond 780778
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State df.California, and Otay Industrial Park
(hereinafter designated as
'Principal ) have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 and identified as project
is hereby referred to and
made apart hereof;. and
WHEREAS, Under the terms of said agreement, principal
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 sxxrety, 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 Four Hu dr d F'f
Thousand Five Hundred dollars ( 455.500 ), 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. to be included in the judgment therein rendered.
It is hereby expressly stipulated
this bond shall inure to the benefit of any
companies and corporations entitled to file
15 (commencing with Section 3082) of Part 4
the Civil Code,~so as to give a right of ac
their assigns in any suit brought upon this
and agreed that
and all .persons,.
claims under Title
of Division 3 of
Lion to them or
bond.
Should the condition of this bend be fully performed,
then this obligation shall become null and .void, otherwise it
shall be and remain in full force and effect.
7QAd
._ 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 whereof, this
duly executed by the principal and
June 10th, 19
~~
. Robert A. Myers ~ J
Attorney-in-Fact J/
Contractor Surety
APPROVED AS TO FORM:
.~' V ~~'' // City Attorney/
PW-E~/-34
r': ,
State of California ~ ) '
ss:
County of San Diego )
On June 10th 7g 75 ,before me, the undersigned, a Notary Public in and for said County,
personally appeared Robert_ A. Myers known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as
Attorney-in-Fact.
c ~ c t~~ s i
°~ Ir~ '.l~`i 3. ' i f ';~i 1;,. ELL :~ ~)
.., .. ,
C a ~ ~~
~.
My Commission expires "~ 19 ,-(;~~~~ / LLB-K~-
" ' -" Notary Public in and for said County
BDU-1818 ED. 3/72 (CALIF,)
~~/~
instrlarnent has been
surety above named, on
~~
OT AY//INDLI,~]~R~L PARK, a Partnership
1 T
A:
FANNIN~CCRPDRA7ION, a California Corporation
L. UJ. Lundmark - President
2;y"1"[~
B. F: Snow en -Secretary
STATE Df-~CALIFQRNIA, COUNTY OF San Dieoo SS.
Dn (~f,~~~~a./ // ~ 9 75 before me, the undersigned, a Notary Public
in and for said ounty and State, personally appeared Karl Turecek
known to me to be the person
whose name is subscribed to the within instrument and abknowledged
ha ~_ ha executed the same: ,
STATE ~ CALIFORNIA, COUNTY OF San Diego `
Cn .x~rJ /l. ~ %~.S before me, the
in a~ For said ounty and State, personally appeared
.._ ~,~ OFFICIAL SEAL
HELEN A. KENT
:'a ~ NOTARY PUBLIC -CALIFORNIA
~' PRINCIPAL OFFICE IN
~_ "' $~ i SAN DIECO COUNTY
whose name is , known to me to be
subscribed to the within the person
instrument and
acknowled ed
that __
// qL ~ executed the same:
`,
~ OFFICIAL SEAL
HELEN A. KENT
4F /J.e_~..-C- m
;
~m - NOTARY PUBLIC -CALIFORNIA
° ~5' Y PRINCIPAL OFFICE IN
STATE~(IF CALIFORNIA, COUNTY
Dn _ (~„~cJ (/ ~97~ CF San Die o
before me, the `°° SAN DIECO COUNTY
and • • my`~ mission E fires Jan. 30 lsys
in a for said County and State, personally appeared
, known to me to be the
_.B:~F: Snowden , known to ms to be
of the corporation that executed the within Instrument,
persons who executed the within Instrument on behalf of
named, and acknowledged to me that such corporation exec
pursuant to its by-laws or a resolution of its board of
,. W: Lundmark
President, and
Secretary
known to me to be the
the corporation therein
;uted tha within instrument
directors;
OFFICIAL SEAL
HELEN A. KENT
~°o NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIECO COUNTY
my Commission Expires Jan. 30, 1918
7 ff0 d
y ~-
UNITED PACIFIC ~,, -,~. ' INSURANCE COMPANY
A MEMBER OF UNITED PACIFIC INSURANCE GROUP
HOME OFFICE: TACOMA. WASHINGTON 98401
riocurv wwo suacrv oc nwaiwrcwi - - POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by Bylaw No. 37•A of its Bylaws, which reads as
follows:
"The President, any Executive Vice-President, any other Vice•President, any Assistant Vice•Presiden[, or any Resident Vice-President of this
Corporation, shall have authority to appoint in writing such attorneys•imfact as the business of the Company may require, and [o authorize such
attorneys•in-fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said pewers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre-
tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as [he act and deed of [his Corporation. The President, any Execu-
tive Vice-President, any other Vice~President, any Assistant Vice-President, or any Resident Vice•President may revoke any appointment made pur-
suant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint ROBERT A. MYERS of SAN DIEGO, CALIFORNIA-------------------
its true and lawful Attorneyin•Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.
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 a[ its office in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed
Executive
by its Vice•President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary,
this- 24th day of August Iq 71
UNITED PACIFIC INSURANCE COMPANY
Attest: s/ GERRY L, WHITE
Assistant Secretary
STATE OE WASHINGTON l
PIERCE }ss.
County of J)
On this 2~hth day of August
71
19 ,personally appeared
u., s/ MORRIS E. BROWN
•EXeeutlVe Vice•President
MORRIS E, BROWN
(SEAL)
and GERRY L. WHITE to me known to be the EXe ClltiVe Vice•President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instmmeut and affixed the seal of said corporation thereto, and that By~Law No. 37-A, set forth therein, is still in full force.
Witness my hand and seal hereto affixed the day and year first above written.
My Commission Expires Janua Ty IS 19 74
s/ Bertha M, Barragar
Notary Public in and for the State of aS IngtOn
STATE OP-WASHINGTON ~ Residing at Ta DDtI18
ss.
County of PIERCE
I GERRY L. WHITE Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,
do hereby certify that the foregoing instrume. t is a true copy a£ a Power of Attorney duly and regularly issued by said Company, and that the same
is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed. the seal of said Company at the City of TACOMA
;'--~
this __~~ day of cTL1I12 19 7 5 ~ - ~ -
~. ,
~ • - - - -% (SEAL)
____ -- ' Assistant Secretary
1027A General -Power of Attorney Rev. 11-6fi - ~
~ ~"~ n
Premium $75.00
SURVEY MONUMENT INSTALLATION BOND Bond 780779
ICNOGV ALL MEN BY THESE PRESENTS, That I/We Otay Industrial Park
as the subdivider and Principal, and the United Pacific Insurance Co~any
a Corporation of the State of Washington , as Surety, are
held and firmly bound unto the City of Chula Vista, a municipal corporation,
in the County of San Diego, State of California, and to and for the benefit
of any and' all persons who may suffer damage by reason of the breach of
the conditions hereof, in the penal sum. of Five Thousand Dollars __
($ 5,000.00 ) lawful money of the United States of America, to he paid
to the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as Otay Industrial Park subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by resolution
and
WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
to get same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if the
Pri.nci_pal shall have set durable monuments of the survey by Richard M._
name of
Mattox , as per the final map of said subdivision, a copy of
Engineer)
which is on file with the City Engineer of the City of Chula Vista, refer-
once 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 before the expiration of thirty (30) consecutive days follocaincx
completion and acceptance of public improvements within said subdivision,
then the obligation shall be void, otherwise to remain in fu7.1 force and
effect
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this lOthday of._~gn~_ _~ 1-9 75
APPROVED AS 0 FOPu~1c United
-^-?-
;'~-~ ~?~ ~~~~~~o ~~Yt A M
1L__._~.~ ,__ r
City%AttOrlley
I
Attorney-
(Pri.ncipa~J.
e Coo/. ~ (Surety)
t~Fact
I'W-E-3A
State of California
County of SaII D
)
ss:
On Jllne 10th 19 75, before me, the undersigned, a Notary Public in and for said County,
personally appeared RnhPrt A_ M~>Prc known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that _he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as
Attorney-in-Fact.
f Of ICIAL SEAL
,~~ rt7 ~ ~ T. nnax~vE~~.
r `."
" f I'Lr;!IC ~ CAfIrOR~!A
e ~ S
~°~ D a~a, Cc~yf~'k
Ir. f_ is
My Commissfonexpires
-'_
/" ~_, / ~/
t r--~~G~:~ / - ,r,( ~=SILL-~E'~
Notary Publ¢ m and for Bald County
BDU-1818 ED. 3/72 (CALIF.)
OTAY iIN[~1~Tl~IAL PARK, a P
4(arI Turec aa -"Par`tn~~~/erppp~ -
I~~~i;.~ ~K"G~~L"~"""' 1,
Richard A: Tuthill - Partner
FANNIN CORPORATIDN, a California Corporation
~ ~~~~~
L: V.1. Lundmark - President e
B. F: Snowden -Secretary
5T ATE CALIFORNIA, COUNTY OF San Dieoo SS.
On t_cs~ /~ / 9`» before me, the undersigned, a Notary Public
in and for said C unty and State, personally appeared Karl Turecek
known to me to be the person
whose name is subscribed to the within inen_t and acknowledged
that he ___ exhcuted the same: f
STATE CALIFORNIA, COUNTY OF San Diego
On UI.r r ,A o ~ // / ~7a before
in an for said C unty and State, personally
,,, ~ OFFICIAL SEAL
e° s HELEN A. KENT
;I~'b ' : NOTARr PUBLIC -CALIFORNIA
~~~ ~ PRINCIPAL OFFICE IN
~gSqq SAN DIEGO COUNTY
. MY„GUfrtdIIS51on [xnira° i~,. an
me, the un - SY
appeared Richard A: Tuthill
' , known to me to be the~erson
whose name is subscribed to the within ins u~"~`anc tlt~ed~w.~
that executed the same. IAL EAL
HELEN A. KENT
~~~ //~/ ~J- '``~'-L NOTARY PUBLIC - CHLIFORNIA
--7~~~~^-~ ~0~...C~i - PRINCIPAL. OFFICE IN
My Commission E pi esDJanG~ 0,0 978Y
STATE CALIFORNIA COUNTY OF San Diego `
On / 9 ~_ before me, the undersigned, a Notary Pu is
in a for said~and State, personally appeared L. W: Lundmark
, known to me to 6e the President, and
_R: F: Snowden , known to me to be Secretary
of the corporation that executed the within Instrument, known to me to 6e the
persons who executed the within Instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the within instrument
pursr~it to its ~l~ws or a resolution of its hoard of directors: _
T
?"`° OFFICIAL S
HELEN A, KENT
" ° - NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
MY Commission E p ~sDanC 39,D 97E
UNITED PACIFIC „INSURANCE COMPANY
1 ~ A MEMBER OF UNITED PACIFIC INSURANCE GROUP
® HOME OFFICE: TACOMA. WASHINGTON 98401
F1OELiY AND SU1ET`" °E°AnTMC"T - POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by By-Law No. 37-A of its By-Laws, which reads as
follows:
"The President, any Executive Vice-President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-Presidevt of this
Corporation, shall have authority to appoint in writing such attorneys-in•fact as the 'ousiness of the Company may require, and to authorize such
attorneys-in-fact, and each of them, to execute on behalf of [he Company, any bonds, recognizances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth.
"Said appoin[menis shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre-
tary or any Assistant Secretary to certified copies of such powers of attom ey may be original or facsimile, and when the corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as the ac[ and deed of this Corporation. The President, any Execu-
tive Vice~President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur-
suant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint ROBERT A. MYERS of SAN DIEGO, CALIFORNIA-------------------
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.
The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, [o
al] intents and purposes, as if they had been duly executed and ackmwledged by the regularly elected officers of the Company at its office in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed
Executive
by its Vice-President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary,
this 24th day of August 19 71
UNITED PACIFIC INSURANCE COMPANY
Attest: s/ GERRY L. WHITE
Assistant Secretary
STATE OF WASHINGTON
By s/ MORRIS E. BROWN
Executive Vice-President
PIERCE (ss
County of 1
On this 24th day of Al1QllSt 19 7I ,personally appeared
MORRIS E. BROWN
(SEAL)
and GERRY L. WHITE , to me known to be the Executive Vice-President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instrument and affixed the seai of said corporation thereto, and that By-Law No. 37-A, set forth therein, is still in full force.
Witness my hand and seal hereto affixed the day and year firs[ above written.
My Commission Expires .lanll8 ry IS 19 74
STATE OF-WASHINGTON
55.
County of PIERCE
s/ Bertha M, Barragar
Notary Public in and for the Slate of 85 1nQtOn
Residing at TS C0171a
I GERRY L. WHITE Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,
do hereby certify that the foregoing instrume.+t is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same
is still in Full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at the City of TACOMA
/~~ - ~,
this -]--Qth day of ~7t1nP 19 ~'j 1 ._~ h- - ---~--
- - ~ ~ ~ ' "--~' (SEAL)
___ ---- Assistant Secretary
B-3027A General -Power of Attorney Rev. 11-66 - - ~