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HomeMy WebLinkAboutReso 1987-13299 __ 50 91 Revised 8 10 2 198T NOV 203:22 CHULA VISTA APPROVING FINAL MAP FOR CHULA FEE VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 4, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 4, and more particularly described as follows: Being a subdivision of portions of Quarter Sections 18 and 19 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869, together with a portion of Otay Lakes Road as dedicated to public use. No. of Lots: 102 Numbered Lots: 96 Lettered Lots: 6 Gross Area: 82.909 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Canyon Drive, Canyon Court, Cumbre View, Overland Court, Elkhorn Court and Pineridge Court. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated. -1- BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements wit the right of ingress and egress for the construction of sewer, drainage, access, general utility and street tree planting, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 18th day of September, 1987, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, 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 Approved as to form by 3481a -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C~,uLA VISTA, CALIFORNIA, this 27th day Of. October 19 87 , by the following vote, to-wit: AYES: Councilmembers Moore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Counci 1members cox ABSENT: Counci 1 members McCandliss '~ ViSta i-~7''' City 'Qerk ~" 6' S.. E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thai the above and foregoing is o full, true ond correct copy of RESOLUTION N0. 13299 ,ond that the some hos not been oreended or repealed DATED ~, SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 27th day of October , 1987 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BONITA LONG CANYON PARTNERSHIP by McMillin Development, 2727 Hoover Avenue, National City, Ca. 92050, hereinafter called "Subdivider"; WITNESSETH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as BONITA. L.ONG CANYON UNIT NO. 4 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map, 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 requirements of Title 18 Of the Chula Vista Municipal 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 subdivision 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 complete, 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 and conditions, as contained in Resolution No. 12285, approved on the 17th day of December, 1985, and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 86-507B through 86-528 inclusive , on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION SEVEN HUNDRED SIX THOUSAND DOLLARS and no cents ($1,706,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, 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 City Engineer 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 completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivider. 4. It is 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 City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- 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 o~ 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 approved improvement security in the sum of EIGHT HUNDRED FIFTY THREE THOUSAND DOLLARS AND NO CENTS ($853,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit 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 EIGHT HUNDRED FIFTY THREE THOUSAND DOLLARS AND'NO CENTS ($853,000.00) to secure the payment of material and labor in connection with the installlation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", 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 FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) per private engineer's estimate to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" 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 City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 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 Title 18 of the Chula Vista Municipal Code. -3- 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 City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited 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 omission 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, as indemnitee, 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, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to 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 consequence 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. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 1348 14. Subdivider agrees to defend, indemnify, and hold ~armless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 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 SUBDIVIDER: BONITA LONG CANYON ~ ~ ~/z~ PARTNERSHIP · By: McMillin Development, Inc. M~yor o~ t~e City of Chula . t ~c~rt L. Jo&s, Senior Vice President Approved as to form by (,pity Att~/~ey (Attach Notary Acknowledgment) STATE OF CALIFORNIA Sail Diego ~ss. COUNTY OF O~ ~ 3,8 t 19B~ , before me, the undersigned, a Notary Public in and for said State, personally appeared 50~ Z, ~S~81 and vice ~.d ~? Vi~~. ,~,.,fo~ ~ ~elo~nt, Znc. thecorporationthereinnamed,andacknowledgedtomethatsai~ corporation executed the within instrument pursuant to its by- . F knowntometobeoneofthepadnersot ~ A E NOTARY PUBLIC - CAt.~F~RNIA ~G ~ON P~HIP S'AN DIEGO COHN~W 1349 LIST OF EXHIBITS Exhibit "A" Improvement Security- Faithful Performance: Form: Bond Amount: $853,000.00 Exhibit "B" Improvement Security- Material and Labor: Form: Bond Amount: $853,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $15,000.00 Securities approved as to form and amount by Tmprovement Completion Date: ~h~ee yea~s ~rom date of Council approval of the Subdivision Improvement Agreement BOND FOR FAITHFUL PERFORMANCE Bond No. Bd 32828 WHEREAS, The City Council of the City of Chula Vista, (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project DONITA LONG CANYON TINIT NO. 4 , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ALLIED ~TUAL INSURANCE COMPANY , as surety~ are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of EIGHT HUNDRED FIFTY THREE THOUSAND AND no/100 * * * * * * * dollars ($ 853~000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, webind 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 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 employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full ~orce 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 jhdgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work tO be performed thereunder 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- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject.to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on February 25, , 19 87 BONITA LONG CANYON PARTNERSHIP BY:McMILLIN DEVELOPMBNT, INC. ALLTED ~TTUAL IA~b~ANCE COMPANY ~ ,~ Surety By: ~ ~ / TO FO~: ' /~ ~./ Copy ~ ~ of 3' executed copies. City Attorney PW-E-34 · 1352 BOND FOR >D\TERIAL A.~]D LABOR Bond No. Bd 32828 WHEREAS, the City Council of the City of Chula Vista, State of California, and BONITA LONG CANYON PARTNERSHIP dba Home ital "Principal") have entered into an agreement whereby principal Corp. and McMill~n Development~ Inc. (hereinafter designated as agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project BONITA LONG CANYON UNIT NO. 4 , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a gccd and suffi,c~ient payment bond with the City of Chu!a Vista to secure the claims to ~vhich reference is made in Title 15 (ccr~encing 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 surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, ~ materialmen and other persons employed in the performance of z the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the s~m of EIGHT HUNDRED FIFTY-THREE THOUSAND AND NO/100 * * * * * dollars ($ 853,000.00 ), for materials furn~snec 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 ~mount 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 i City of Chula Vista in successfully enforcing such obligation, to be a;.~arded and fixed by the court, and to be taxed as costs and to be included jn the judgment therein rendered. It iS hereby expressly stipulated and agreed that this bond shall inure to the benefit of any'and all persons, companies and corporations entitled to file claims under Title 15 (comaencing with Section 3082) of Part 4 of Division 3 of the Civil Coo!e, so as to give a right of action to them or their assigns in any suit brought ~pon this bond. Should the condition of this bond be full~' performed, then this o~ligation shall become null and void, other~ise it shall be and rcmni:~ in full force and effect. 1353 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 instrument has been duly executed by the principal and surety above named, on February 25, 19 87 . BONITA LONG CANYON PARTNERSHIP H~M~ ~PT~','~ By' ORPORA~iON . ~ BV~~- Kei~h E. Clements, Attorney-in-fact  / Surety APPROVED AS TO FOR2.I: ~ of /'1~¢~'~?~7!L: ] ,~,A,~,~,/.,~ Copy t~ ~ 3 executed copies. city Attorney PW-E-34 j' 1354 TO 1954 CA CCorpora.on as a ~=.n~r o~a P~,-~oers~V~~ TICOF~ ~TL~ ~NS~ANC~ STATE OF CALIFORNIA COUNTY OF ~ D~ personally known to me cr Fr;:'-~ :[{mc~n i~ baal; 6f aadafa;zczy t'.'idenc be ~e ors n who executed the within ins=ument as the Pr~ident, and __ ~ personally known to me er pro'red m to be the erson who executed the within ins~ument ~ the fl ~~ aeczzza~ of the corporation that executed the xvithin instrument on the partnership that executed the within instrument, and acknowledged to me that such j ~uch pa~nership executed the same. WITNESS my hand and officiM seM. Signature ~ ~" ~ (Thh ~ea for officifl no~i~ ~) i CAT. NO, NN00e~B TO 19e4 CA (g--84I CCorporation ~ ~ Pa~ne~ of a pa~nersh~p~ ~ STATE OF CALIFORNIA } ~. couNTY oF· On befo e me the unde~igned, a Not~ Public in and for said State, personally apbeara ~hn %. O ~r~ a ~ {he within insuument as the ~ P,~$ld.,,Tand _~ . pe~on~ly known to me or .. basis of satisfacto~ evidence t thin ins~ument u the' . the corporation that executed the within instrument on behMf of g~A ~NG ~ON- Pg~P [~ 0FF~C~At SEaL the partnership that executed D,L. VAN KOEVERING the' 'wizhin instrument, and acknowledged to me that such NOTAfly corporation executed the same as such pa~ner and fiat ~L such paanership executed the same. S~N o,tso c~uw WITNESS mY hand and official seal. My ~mmi~o¢~ E~V. Ma~ 19, 1989 Signature (This area for officl~ notari~ · 1355 STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT "' !j of - ) INDIVIDUALS ,n this day of in the year ~, before me a nolary public, personally appeared personally known to me, or proved to me on the basis of satistactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above wrilten, (SEAL) NOTARY PUeLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) PARTNERSHIP 'On this day of in the year ~, belore me a notary public, personally appeared personally known to me, or proved to me on the basis ol satisfactory evidence, to be the person that executed this instru- ment, on behalf of the padnership and acknowledged Io me that the padnership execuled it. Witness my hand and official seal On the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss County of JS. ad3 Diego ) CORPORATION On this 25t:b. day ol Yebruary in the year 198~77. betore rneT'inda J' Tarr, a notary public. personally appeared Ke~th E. Cleraents, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument a..,s At. Loicney dn-fac t_ on behalt of the corporation therein named and acknowledged to me Ihat the corpo- ration execuled it. Witness t I- and ~ rd o trial '~e r above written, , FJAL OFF, 0E,. . , NOTARY PUe.,C SAN DIEGO COUNTY STATE (It " '=""="'%='/~ CERTIFICATEOF ACKNOWLEDGEMENT ss, County ol ) AFrORNEY-iN-FACT FOR SURETY On Ibis ..... day of in the year ~, before me , a notary public, personally appeared ..... personally known to me, or proved to me on the basis of salislaclory evidence. to be the person whose name is subscribed , to this instrumenl as the altOrney in lacI ol ALLIED Mutual insurance Company, and acknowledged to me thai E] he, [] she, subscribed the name of ...... thereto as pr;"~cipal, and [J his, Lj her, own name as attorney in lad. r~ ~ my hand and official Seal on lhe day and year above written, (SEAL) NOTARY PUBLIC Des Moines, iowa 50304-0974 POWER OF ATTORNEY Insurance KNOW ALL MEN BY TIIESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized un~ler the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, heroinafter called 'Company', does hereby make, constitute and appoint KEITtl E. CLEMENTS LINDA d. TARR DAN YOUNG LA MESA, CA each in his individual capacity, its true and lawlhl Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds gunran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( S 2,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-ln-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Anorney(s)-in-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-ln-Fact shall be accomplished by Pbwers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX * EXECUTION OF CONTRACTS "Section 4. The Secretary, or an Assistant Secretary. is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as heroinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seat affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as heroin in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin in Section 4 provided, shall be effective and binding upon the Corporation with the same Force and effect as the original signatures of any such officers." "Section 7. A facsimile signature of a Former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1, 2, 3 and 4 provided." IN WITNESS WHEREOF, the Coinparty has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 10 day of JULY 1986 ~.,.'.~ ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA LyiiiSE~} By: ~ President COUNTY OF POLK ss :~i.l.,;-'# On this 10 day of JU ~,~i:' % , before e rsonall came John E Evans to me known who beln by me duly sworn, MY COM 4.S1S31,809N EXPIRES CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in lbrce. IN TESTIMONY WHEREOF, I have subscribed my name and altixed the seal of the company this 25th day of February , 19 87 06717 07/ 10/89 1357 SURVEY MONU:,INT INSTALLATION BOND Bond No. Bd 32829 Home Capital Corp. and McMillin Development,Inc. d K1WOW ALL ~fN BY THESE PRESENTS, That I/We BONITA LONG CANYON PARTNERSHIP as the subdivider and Principal, and the. ALLiED MUTUAL INSURANCE COMPANY a Corporation of the State of Iowa ./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 con- ditions hereof, in the penal sum of FIFTEEN THOUSAND AND NO/100 * * * * * ($ 15,000.00 ) lawful money of the United States of ~nerica, to be paid to the said City of Chula Vista. WHEREAS, the said Principal is presentl engaged in subdividing icetrain lands to be known asBONITAIONGCANYON~TNo- 4 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 iprior 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 !Principal shall have set durable monuments of the survey by VTN-SOUTHWEST, INC. (name of , as per the final map of said subdivision, a copy of Engineer) ~is on file with the City Engineer of the City of Chula Vista, refer- ~ to which said map is hereby made and same is incorporated herein as i~nough 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 for before the expiration of thirty (30) consecutive days following completio: ~and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set itheir hands-, this 25th day of February , 1987 !APPROVED AS TO FO~4: City Attorney Keith E. Clements iPJ*l-~ ~34 Copy i~Jof 3 executed copies. CAT. NO, NNO063b TO 1954CA (Corporation as a Partner of a Parmcrship) T COFt Tfft INSURANC STATE OF CALIFORNIA COUNTY OF ~ DE~ On ~~ ~ ~/~7 before me, the undersigned, a Nota~ Public in and for personally known to me ~rav-~ ~m: on ;~: h:~: e p ute to be the erson who executed the within ins~ument ~ the ~ ~g ~ of the patmership that executed ~OYC$ WITNESS my hand and official seal. ;- ............:: :;: : ....... Signature .~ ~. ~ ~ (This ~ea for of~ci~ not~i~ CAT. NO. NN0063B TO 19S4 CA (9--84) (Corporation as a Partner of a Partnership) T COH TffL NSU tANC STATE OF CALIFORNIA , personally known to me or pr to me on the basis of satishcto~ evidence ~egh~T~8~thln ins=ument ~ th ~a~ ( ~ of the corporation that executed the within instrument on behalf of B~A ~NG ~0N P~ the part~e~hip that executed the within inst~ment, and acknowledged to me that such corporation executed the same as such partner and ~at such pa~nership executed the same. ~ ;~:'i~ 2~ SAN OlffGO C~V WITNESS mY hand and official seal. My ~mmj~iofi Ex~. ~ 19, 19B~ Signatur _ (This area for of~ci~ notati~ se~) , 1359 STATE OF CALIFORNIA CERTIFICATES OF ACKNQWLEDGEMENT STATE OF CALIFORNIA ) ss, CERTIFICATE OF ACKNOWLEOGEMENT ~ Z of ) INDIVIDUALS Jn this day of in the year ~. before me a notary public, personally appeared personally known to me, Or proved Io me on the basis ol satisfactory evidence. Io be the persOn(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they execaled it. Witness my hand and olficial seal on Ihe day and year above written, (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA CERTIFICATE OF ACKNOWLEDGEMENT ss. County of PARTNERSHIP 'On this day of ....... in the year ~, before me a notary public, personally appeared personally known to me, or proved to me on the basis of safislactory evidence, to be the person that executed this instru- ment, on behalf of the padnership and acknowledged to me that the padnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss, County of ~qan DiegO._ ) CORPORATION On this 25th day of Febru_arV in the year 1987 -, before me Linda J. Tarr, 8 notary public, personally appeared Keith E. Clements personaily known to me, or proved to me on the basis ol satisfactory evidence, Io be the person who executed the within instrument a.,s AttcHcney-~-n-f;~-c ton behalf of the Corporation therein named and acknowledged to me that the Corpo- ration execuled it. above written,  OFFICIAL SEAL / LINDA J. TAP, R NOTARY PUBLIC '"'""' SAN DIEGO COUi'aTY STATE ~'eqOf"W""~~ CERTIFICATEOF ACKNOWLEDGEMENT Ss. County of ) ATTORNEY-IN-FACT FOR SURETY On this __. __ day ol in the year ____,before me , a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence. to be the person whose name is subscribed to this instrument as the altorney in fact of ALLIED Mutual Insurance Company, and acknowledged to me that [:~ he, [] she, subscribed the name of thereto as p~"~,'ipal and [j his Lj her own name as attorney in lad tl..j my hand and olficial seal on the day and year above written. ~ (SEAL) NOTARY PUBLIC LLI,cD Mutual insurance Company POWER OF ATTORNEY Insurance KNOW ALL MEN BY TIIESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa. with its principal office in the City of Des Moines, Iowa, heroinafter called 'Company', does hereby make, constitute and appoint KEITtlE. CLEMENTS LINDA J. TARR DAN YOUNG LA MESA, CA each in his individual capacity, its true and lawful Attorney-ln-Fact with full power and authority to sign, seal. and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds gunran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( ~ 2,000,000.00 ) and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby fadfled and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-ln-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with fur power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument o[ similar nature, other than policies and endorsements. signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-ln-Fact to act for the Corporation. or of any certificate to be executed by the Secretary, or an Assistant Secretary, as heralash.re in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as heroin in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1, 2, 3 and 4 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 10 day of JULY 1986 ..~?*~ ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA i~!~ By: e~ President COUNTY OF POLK ss Oathis 10 dayof JULY "'4i49~6,befor IlycamejohnE. Evans, tomeknown, who, being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and ' deed of said corporation. MY COMMISSION EXPmES ' ' CERTIFICATE l, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2.3.4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 25th day of February , 19 87 ~,~,~ '4SEAL I . This Power of Attorney expires ~ *'~:..p~-~j Secretary 06717 07110189 Bd I (04-86) O0 EXHIBIT "1" Description of Improvements to Central Avenue Widen existing pavement to accommodate two 12-foot travel lanes and one 12-foot left turn lane. Install A.C. berm, A.C. driveway approaches, sidewalk, drainage pipe and headwall per plans approved by County of San Diego Public Works EXHIBIT "2" Description of Improvements to Bonita Road and Central Avenue Widen Bonita Road S/O Central Avenue and widen Central Avenue W/O Bonita Road to provide for dual left turn lanes westbound Central Avenue to Bonita Road and the improvement of right-turn lanes for each of the other three approaches to the intersection. Modify and relocate signals as required in accordance with plans approved by the County of San Diego Public Works. EXHIBIT "3" Description of Signalization of Central Avenue and Corral Canyon Read Install signalization at Central Avenue on Corral Canyon Road to provide a two-phase intersection per plans approved by San Diego County Public Works.