HomeMy WebLinkAboutReso 1987-13323 2040 Revised 11/6/87
RESOLUTION NO. 13323
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP FOR CHULA
VISTA TRACT 87-1, CORONA VISTA, 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,
APPROVING INTERIM FINANCING AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
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 87-1, CORONA VISTA, and more
particularly described as follows:
Being a subdivision of a portion of the Southeast
Quarter of Quarter Section 34, in Rancho de la Nacion,
in the County of San Diego, State of California,
according to Map thereof No. 166, on file in the office
of the County Recorder of San Diego County, together
with a portion of Otay Lakes Road as dedicated to public
use.
No. of Lots: 17 Numbered Lots: 14
Lettered Lots: 3 Gross Area: 10.563 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: portions of
Otay Lakes Road and Camino Elevado.
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.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of sewer, and general
utility, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista Lots "A" and "B" all as
shown on said map within the subdivision for open space, public
utilities and other public uses.
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 10th day of November, 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 that certain Interim
Facilities Financing Agreement dated the 10th day of November,
1987, (Agreement between the City of Chula Vista and Corona Vista
Partners, Ltd. whereby Corona Vista Partners, Ltd. agree to pay
its Fair Share of the Cost of Public Improvements to be Provided
under the Public Facilities Financing Plan), a copy of which is
attached hereto and incorporated herein by reference as if set
forth in full 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 Agreements for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record the Subdivision Improvement Agreement and the Interim
Financing Agreement in the office of the San Diego County
Recorder.
Presented by Approved as to form by
P ~r~s
3481a
-2-
~ 20~2
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~,HULA VISTA, CALIFORNIA, this lOth dOy O[ November
19 87 , by the following vole, to-wit:
AYES: Councilmembers Cox, Moore, Nader, Malcolm, McCandliss
NAYES: Counci ] members None
ABSTAIN: Counci'[members None
ABSENT: Counc~ ] members None
'~ Chula Vista
ATTEST ~,H_d~ ~7//~j~Z/
City Clerk ~'
~ ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio,
DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13323
,ond fhot the some hos not been omended or repeoled
oATEoC'/Z,-~Z. /4. /
/ City C]erk~
CI~ OF
CHU~ VI~A
CC-660
CORONA VISTA PARTNERS, LTD., 500 Thorn, Suite E, La Mesa, NO
California 92041, 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
CORONA VISTA 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. 12843, approved on the
7th day of November, 1986, and
-1-
034
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. 87-194A through 87-197 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 EIGHTY
SEVEN THOUSAND DOLLARS AND NO CENTS ($87,000.00).
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 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 approved improvement security in the sum of FORTY
THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS (643,500.00) which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" 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 FORTY
THREE THOUSAND FIVE HUNDRED DOLLARS AN~ NO CENTS (~43,500.00) 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 wi'th the execution of this
agreement, an approved improvement security in the sum of SIX
THOUSAND DOLLARS AND NO CENTS (66,000.00) (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. Subdivider agrees to widen Otay Lakes Road adjacent
to the subdivision in accordance with Chula Vista unsigned Drawing
Nos. 87-434 and 87-435. The bond amounts to secure said work are:
Faithful Performance Bond 679,500.00
Material & Labor Bond 79,500.00
City and Subdivider recognize that the ultimate width and
alignment of Otay Lakes Road are expected to be modified in the
near future. Subdivider agrees to provide modified plans
reflecting the improvements to match the ultimate width and
alignment when they are established. The performance of this work
shall be done within three (3) years or immediately following the
undergrounding of utilities along Otay Lakes Road whichever occurs
first. It is anticipated that the cost of work may be reduced and
if this is the case, the existing bonds may be replaced by new
bonds at the time the ultimate improvements are known.
10. 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
-3-
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.
11. 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.
12. 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.
13. 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 tne work by City, SuDdivider 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.
14. 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
-4-
2037
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.
15. Subdivider agrees to defend, indemnify, and hold
harmless 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.
I ~_ City' Cl~rk
Approved as to form by
~j/~y Attor~
(Attach Notary Acknowledgment)
3507a
-5-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $43,500.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $43,500.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $6,000.00
Securities approved as to form and amount by
,/~/City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval o!f the Subdivision Improvement
Agreement
ACKNOWLEDGEMENT
State of California ]
] ss.
County of San Diego ]
On October 30, 1987, before me, James S. Duberg, a Notary
Public for the State of California, personally appeared DAVID
CERUTTI and BRUCE DEMENGE, known to me or proven to me on the
basis of satisfactory evidence to be the general partners of the
partnership that executed the within instrument, and acknowledged
to me that such partnership executed the same.
Dated: October 30, 1987
5
Notary Public
~ j~~ State of California
' oF CHULA VISTA AND
· / ~ f~ WHEREBY CORONA VISTA 1987 NOV 2~ AM 9:l0
~/~7~/~ PARTNERS, LTD. AGREE TO PAY ITS FAIR SHARE OF THE COST OF PUBLIC IMPROVEMENTS TO BE PROVIDED UNDER
T~TS AGREEMENTr is entered nto this day
November, 1987, between CORONA VISTA ~ARTN~RS, LTD. (Developer)
and THE CZTY OF C~U~A VISTA, a m~nLcipal corporation (City);
R E C I T A L S: NO
WHEREAS, the City is presently preparing a Financing
Program for the construction of public infrastructure
necessitated by development east of 1-805 including the
development proposed by Developer, and
WHEREAS, Developer desires to proceed with its
development prior to the City's completion and final adoption of
its Financing Plan for the public infrastructure necessitated by
Developer's proposal, and
WHEREAS, Developer is desirous of participating in the
public facilities Financing Plan as a method of financing
construction of public improvements associated with its
development and the City is willing to process Developer's
proposal for development prior to completion of the Financing
Plan in consideration of Developer's agreement to participate in
the final Financing Plan and to pay those fees which the final
Financing Plan attributes to Developer's proposal.
AGREEMENT
Developer and City hereby agree as follows:
1. The recitals listed above are hereby incorporated
into this agreement.
2. Developer agrees to pay its fair share of the cost
of public improvements to be provided under the EastLake I Public
Facilities Financing Plan in satisfaction of Condition 13 of its
Tentative Map approved by Resolution No. 12843. While the
current fee is estimated to be ~1,183 for a single family
detached home within the benefitted area, Developer agrees to pay
building permits. In no event shall the fee exceed per
unit.
3. Developer agrees not to oppose or protest the
formation of the proposed Assessment District 87-1 nor to object
to the inclusion of the subject property in the District.
4. Developer agrees that this agreement shall be
binding on its successors in interest.
5. City agrees to process Developer's proposal for
development of the property and to accept the Developer's
proposal to pay these facilities fees as opposed to other
conditions and exactions which could be imposed to deal with the
impacts covered by these facilities fees. Both parties
acknowledge that this agreement does not limit City's right to
impose other conditions and exactions to Developer ' s proposal
dealing with impacts not addressed in the Facilities Financing
Plan.
THE CITY OF CHULA VISTA CORONA VISTA PARTNERS, LTD.
Approved as to form by
3519a
-2-
2045
ACKNOWLEDGEMENT
State of California ]
County of San Diego ]
On November 5, 1987, before me, James S. Duberg, a Notary
Public for the State of California, personally appeared DAVID
CERUTTI, known to me or proven to me on the basis of satisfactory
evidence to be one of the general partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Dated: November 5, 1987
Notary Public for the /
OFFICIAL SE~L~'~ State of California
AMES S. DUBERG
~/~/~[0 ~/~ BOND FOR PAITHFUL PE~FO~NCE
~gHEREAS, The City Council of the City of Chula Vista,
State of California, and CORONA VfSTA PARTNERS, LTD.
(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
CORONA VISTA , is hereby
referred to and made a part hereof; and
~HEREAS, 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
GOLDEN EAGLE/NS[]~Q~NCE COMicANY , as Su~'ety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of f, FORTY THREE THOUSAND F[VI: HUt.iOi<HD
....................................... dollars ($z~3,500.00 )
lawful money of the United States, for the payment of which
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and
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 fn the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify ~nd save harmless the Cit:y of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shL~ll 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, thence shall be
included costs and reason;:~ble expenses and fees, incl'udir~g
reasonable attorney's fees, incur:red by the City in successfully
enforcing such obligation, all to he taxed as costs and in-
cluded in any jhdgment rendered.
The surety hereby stipulatQs and agrees that no change,
extension of time, al~e:cation or addition to-the ~erms el=. the
. ~OUN f Y ~[1C8 {DEt~ NO
~ ~U~I
-~-
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 2~TH
OCTOBER , 19 87
CORONA VISTA PARTNERS, LTD. GOLDEN EAGLE INSURANCE COMPANY
CECILY GIPSON, ATTORNEY-IN-FACT
Contractor Surety
City~to'rney
PW-E-34
ACKNOWLED GEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 28TH DAY OF OCTOBER 1987 BEFORE ME PERSONALLY
APPEARED CECILY GIPSON , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE Alq'ORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
'. ~o~ v~ a~s~nA~c~ c~v
BOND
POWER OF ATTORNEY
........................... !s~oo,oco~! ...................
this March 10, 1986
(;OI.I)ICN EAGLE INSURANCE COMPANY
COUNTY OF SAN DIEGO B ~,
ACKNOWLEDGEMENT
State of California ]
] ss.
County of San Diego ]
On October 28, 1987, before me, James S. Duberg, a Notary
Public for the State of California, personally appeared DAVID
CERUTTI, known to me or proven to me on the basis of satisfactory
evidence to be one of the general partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Dated:
[seal] ~_J~,_~_~ ~ ~Do~
Notary Public
State of California
AMES S. DUBERG
~::k,-,:, J '- ~ ..- , -
~., ·
{~ BOND FOR }~TERIAL AND LABOR
'
, the C~ty Counc~Z o~ the C~t~
V~s~a, State o~ C~Z~oEnZa, and CORONA VZSTA
(heze2na~ez ~es~gnated as
"~z~nc~aZ") have en~ezea ~n~ an agreement whe~eb~ ~2nc~paZ
agrees to ~ns~aZZ and compZete cezta~n desZgn~te~ pubZZc
' improvements, which said agreement, dated
19 , and identified as project CORONA VISTA
, 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 good and sufficient payment bond with the City of
Chula Vista to secure the claims to which reference is made in
'~itle 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 undersigx]cd
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
fhe aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in tile s~ of ,FORTY THREE THOUSAND FiVE H[INDIUCf)~,
.................................... dollars ($ 4~,500.00 ) , tot
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 and agreed that
this bond shall inure to tl~e benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (co~nencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
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
OCTOBER 28TH 19 87
_ ONA VISTA RTNE S, GOLDEN EAGLE INSURANCE COMPANY
CECILY G'IPSON, ATTORNEY-IN-FACT
Contractor Surety
~~D '~~ RM~
City~torney
PW-E-34
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 28TH DAY OF OCTOBER 1987 BEFORE ME PERSONALLY
APPEARED CECIL¥ GIPSON ., KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE A'FrORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRST WRITTEN ABOVE.
EAGLE INSURANCE COMPANY
EXECUTIVE OFFICES
San Diego, California
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That Ihe Golden Eagle Insurance Company, a Corporation duly organized and existing under the
laws of the State ol California, having its principal of Ece in the City of San Diego, California does hereby nominate, constitute and appoint
ot San Die o, California
i l s t rue and lawtul agent and attorney-in-tacL to make. execute, seal and deliver for and on its behalt as surety, and its act and deed, any and
all bonds, contracts, agreements of indemnity and other undertakings in surel yship provided, however, that the penal sum of any one such
instrument executed ~ereunder shad not exceed the sum ol any and all bonds and undertaRings, provided the amount of no one bond Or
undertakingexceeds ................ ONEHUNDREDTHOUSANDDOLLARS
This power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Boal{~ of Directors of Ihe Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution
has not been amended or rescinded and el which the lo~lowing is a true, lull and complete copy,
'RESOLVED: That the Presic~enl or Secretary may from time to time appoint Attorneys-in-Fact to represent and act lot and on behalf of the
Company, and either the President or Secretary, the Board e I Di rectors or Execut ire Committee may at any time remove such Atterneys-~ n-
Fact and revoke the Power of Attorney given him or her; and be it further
' RESOLVED: That lhe Attorneys-i n Pact may be g iven fu41 power to execute fo~ and in the name of and on behalf el the Company an y and all
bonds and undeltakings as the business ot the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary"
IN WITNESS WHERECF, the said Golden Eagle +nsurance Company has caused these presents to be executed by its officer, With its
corporate seal affixed
055
ACKNOWLEDGEMENT
State of California
] ss.
County of San Diego ]
On October 28, 1987, before me, James S. Duberg, a Notary
Public for the State of California, personally appeared DAVID
CERUTTI, known to me or proven to me on the basis of satisfactory
evidence to be one of the general partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Dated: i0~~. ~)
Notary Public for the
State of California
JAMES S. DItBERG
~TAR PUBUC-CA~FORNtA
, SUR~4 7I 51 "*EXECUTED IN TRIPLICATE" BOND PREMIUM: $150.00/ONE YEAR
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/W_e CORONA VISTA PARTNERS, LTD.
as the subdivider and Principal, and the GOLDEN EAGLE INSURANCE COMPANY
a Corporation of the State of CALIFORNIA , 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
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of ,six THOUSAND DOLLARS AND NO/t00THS,
($6,000.00 ) lawful money of the United States of America, to be paid t
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as CORONA .VISTA subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution 12843 , 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 ge.t.same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if th
Principal shall have set durable monuments of the survey by SAFINO, BUTCHER &
(name of
ORMONDE, INC.
, 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-
ence 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 following complet
and acceptance of public improvements within said subdivision, then the
obligation shall be void, othez~qise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this 28TH .day of OCTOBER , 19 87
CORONA VISTA PARTNERS, LTD.
APPROVED TO FORM: GO DEN EAGL INSURANCE COMPANY
ty}
BY
' * ~ or ey-in-Fact
City y
- CECILY PSO , -,
87 G5 ,66 I
,,D{NG REQUEfff'~D BY
· ,///7. COUN l Y i,;ECOI~DiZN
~ ~, < -:.,-::. 2 , l'dO FEE
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 28TH DAY OF OCTO13ER -, 1987 BEFORE ME PERSONALLY
APPEARED CECILY GIPSON , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRS. WRrFrEN ABOVE.
2058
GOLDEN EAGLE INSURANCE COMPANY
EXECUTIVE OFFICES
BOND
POWER OF ATTORNEY
.............................. ($100,000,C0) .....................
2059
ACKNOWLEDGEMENT
State of California ]
] ss.
County of San Diego ]
On October 28, 1987, before me, James S. Duberg, a Notary
Public for the State of California, personally appeared DAVID
CERUTTI, known to me or proven to me on the basis of satisfactory
evidence to be one of the general partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Dated: /o-~9- ~ )
I seal~ , 7~-. ....~ D. Zo
~tar~ Public for the ~
~ j~~~ State of California
JAMES S. DUBERG
NO ARYPU~UC- CALIFORNIA
~N DIEGO COUN~
My Cornre. [xpires Oct 30, 1990
i'PREMIUM: $1,988.00/ONE YEAR "EXECUTED IN TR
IPLICATE" ........
BOND FOR FAXTHFUn PERFORMANCE 587 N0V 24 AM
WHEREAS, The City Council of the Cit of Chula Vista,
CORONA IS A PARTNEr, LTD. VT
State of California, and
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated
19 , and identified as project
CORONA VISTA , is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and GOLDEN EAGLE INSURANCE
COMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of *SEVENTY NINE THOUSAND FIVE HUNDRED
DOLLARS AND NO~100THS* .................. dollars ($ 79,500.00 )
lawful money of the 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 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 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 jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
- 2061
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 30TH
OCTOBER , 1987
CECILY GIPSON, ATTORNEY-IN-FACT
Contractor Surety
APPROVED AS TO FORM:
~~CltYT~°rney~
CAT. NO. NN00630
TO 1948 CA (9--84)
fJ~J TICOR TITU~ INSURANCe
(Parmer~hlp) ,- 2062
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On n_CX 3 n_ 1987 befor~ me, the undersigned, a Notary Public in and for
said State, personally appeared DAVID M. CERIITTT
, personally known to me or
proved to me on the basis of satisfactory evidence to be
'the person --.___-who executed the within instrument as
one of the partners of the partnership ' ~/~~
that executed the within instrument, and acknowledged
' :o me that such partnership executed the same.
WITNESS my hand and official seal.
~4ARfANNE G. -ROGERS '
(This area for official notarial seal)
;,.~ 2063
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 30TH DAY OF OCTOBER 1987 FIEFORE ME PERSONALLY
APPEARED CECILY GIPSON ., KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WH EREOF, I H ERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AN D YEAR
.- - , - v v . ~.*~.~a~.°,~l:,,
,, 2064
GOLDEN EAGLE INSURANCE COMPANY
EXECUTIVE OFFICES
San DieQo, California
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance COmpany, a Corporation duly organized and existing under the
laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, Constitute and appoint
Cecil), Gipson
of San Diego, Calllornla
its true and lawful agent and attorney-in-tact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any ~md
all bonds, COntracts, agreements of indemnity and other undedeklngs in suretyship provideS, however, that the penal sum ol any one such
instrument executed hereunder shall not exceed the sum of any and all bonds and under~akiilgs, provideS the amount of no one bond or
undertaking exceeds ............... ONEHUNDREDTROBSANDDOLLARS ...............
............................ ($100,(~0,00) .....................
This power of Attorney is granted and is siSnee and sealed by lacsimile under and by the authority of the following Resolution esopteS by
the Board of Ciractors Of the Golden Eagle Insurance COmpany at a meeting duly called and held on April 10, 1984 which said Resolution
has not been amended or rescindeS and ol which the following is a true, full and Complete copy.
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the
Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-
Fact and cevoke the Power of Attorney given hlm or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute lot and in the name of and on behalf of the COmpany any and aH
bonds and Undertakings as the business of the COmpany may require, and any such bonds or undertakings executed by any such Attorney-
in-Fact shali be as binding upon the COmpany as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has Caused these presents to be executed by its ollicer, with its
Corporate seal affixed
STATE OF CALIFORNIA
IMARY E. LEIGH
2065 8Z 65 663
I SUR 04 71 97 F"'
i ..... 'itld: BOND FOR MATERIAL AND LABOR {BS~ NOV 24 ~M 9:
_ UN l Y R[CORD[I~C0
' 2 ~O/~ WHER~~ AS,lthe City Council of the City of Chula
~ '/ Vista, State o Ca ifornia, and CORONA VISTA PARTNERS, LTD.
(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
CORONA VISTA , 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 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 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
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of *SEVENTY NINE THOUSAND FIVE HUNDRED
DOLLARS AND NO/100THS* dollars ($ 79,500.00 ), 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 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 (commencing with Section 3082) of Part 4 of DivisiOn 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
2066
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 10'rH DAY OF OCTOBER L987 BEFORE ME PERSONALLY
APPEARED CEC ~LY GIPSON _, KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AN D ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
iNSTRUMENT.
IN WITNESS WH EREOF, I H ERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THiS CERTIFICATE FIRST WRITTEN ABOVE.
· o ,9,~ c. <9-.., t TICOR TITLE INSURANCE
(Parrnc~ship)
COUNTY OF SAN DIEGO
o. fiat ~ n !9~7 bcf ........ he undersigned. a Notary Public in and for
d S .t c, personzllv appeared DAVID H, CERUTT~
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
dul executed by the principal and surety above named, on
~CTOBER 30TH 19 87
CORONA VISTA PARTNERS, LTD. GOLDEN EAGLE INSURANCE COMPANY
CECILY GIPSON, ATTORNEY-IN-FACT
Contractor Surety
~ORM~
City ~orney
PW-E-34
GOLDEN EAGLE INSURANCE COMPANY
EXECUTIVE OFFICES
San Diego, California
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance Company, a COrporation duly organized and existln
laws of the State o~ California, having its principal oilice in the City of San Diego, Caldomia does hereby nominate, COnstitute and appoint
CecHy Gipson
st San Diego, California
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver tot and on its behall as surety, and its act and deed, any and
all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such
instrument executed hereunder shall not exceed the sum of any and all bonds and undeRakin{Is, provided the amount of no one bond or
undertaking exceeds ............... ONEHUNDREDTHOUSANDDOLLARS
........................ ($100,000.00}
This power OI Attorney is granted and is signed and sealed by facsimile under and by the authority o( the following Resolution adopted by
the Board ol Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Reso~utlon
has not been amended or rescinded and St which the following is a true, full and cornpiers copy.
'RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behall of the
Company, and either the President or Secretary, the Board of Directors or Execulive Committee may at any time remove such Attorneys-m-
Fact and revoke the Power ol Attorney given him or her; and be it furlher
"R ESOLV ED: That the Attorneys-i n-Fact may be given ful~ power io execute for and in t he name of and on behalf ol the Company any and all
bonds and undertakings as the business ol the Company may require, and any such bonds or underlakings executed by any such Attorney-
in Facl shall be as binding upon the Company as if signed by the President and sealed and attested by the SecretaryY
IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be ?xecuted by its officer, with its
this March 10, 1986
GOLDEN EAGLE INSURANCE COMPANY
~; ' Omc~i~ S~
~: MARY E, LEIGH
M C
~ ~ ~ ~t~ PRO CEDUI
2~069
LOT 5 '
r ~
//
/ 7 ~
/2 ~ ~ FD
14
~ s~4c~
,~S UNJ'F NO I~
MAP 8044
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.
~ NOTE.'
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