HomeMy WebLinkAboutReso 1974-7541Form No .• 352
Rev. 11-67
RESOLUTION N0. 7541
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
BONITA RIDGE ESTATES, UNIT N0. 1 SUBDIVISION
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 RESOLVED that that certain agreement
between the CITY OF CHULA VISTA, a municipal corporation, and Sub-
divider, Bonita Hills Properties and Par Construction, Inc.
dated the 18th day of November , 1974 for the completion
of improvements in that certain subdivision known as BONITA RIDGE
ESTATES UNIT NO. 1 SUBDIVISION,
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 Approved as,~~ m b
Lane F. Cole, Director of Public George D. Lindberg, City At orney
Works
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 26th day of November , 1974 b the
following vote, to-wit: y
AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
.-~
ATTEST ~~ ~ ~ ' Mayor of th City of Chul Vista
City C er
<_..
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amended or repealed.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
~ _.,
j
City Clerk
SUBDIVTSION .IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and
November , 19 74 , by anal
municipal corporation, hereinafter
PERTIES, a General Partnership, an
Partner, 6312 Riverdale Street, Sa
hereinafter called °'Subdivider";
entered into this 18th day of
between THE CITY OF' CHULA VISTA, a
called "City", and BONITA HILLS PRO-
. PAR CONSTRUCTION, INC., a Corporation,
Diego, CA. 92120
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 BONITA RIDGE
ESTATES UNIT NO. 1 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 anal completed all of the public improvements
andjor 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 Subdivder'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 and conditions, as con-
tained in Resolution No, 7104, approved on i-he 27th day of November
1.9 7 3, 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,74-116D through 74-128D 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 h.as been sub-
mitted and approved by the City, in the amount of THREE HUNDRED TWELVE
THOUSAND DOLLARS AND NO CENTS ($312,000.00), 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, S.T LS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1, Subdivider agrees to comply with all of the requirements
of the tentat~.ve map rr~sc.lation; to do and ~~erfc~rm o:c cau:;e to be done
and performed, at its caws expense, without vc-:t T~: ~~"ity, in a good and
workmanlike manner, under the direction and to thF satisfaction and
_ i .~
~P?s~j
approval of the Direot~~r of Public Works, all of the public improvement
and/or land development work required to be done in and adjoining said
subdivisionz; a:;d w_ll ~urni.sh the necessary materials therefor, all in
strict conformi{~~y and ire accordance with the plans and specifications,
which. documents have heretofore been filed in the Office of the Director
of Public Works ar•.d by this reference are incorporated herein and made
a part hereof.
2. It is e;~pressly 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, and that Subdivider
has installed or will i.r~stall temporary street name signs if permanent
street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
pause all necessary materials to be furnished acid all improvements re-
quired under the provisions of this contract to be done on or before
the first anniversary date of the recordation of the map of said sub-
division.
4. It ~.s 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 serui.ng said buildings or
structures approved by the City; provided, however, 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 approved improvement security in the sum of ONE HUNDRED FIFTY SIX
THOUSAND DOLLARS AND NO CENTS ($156,000.00)
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 tc furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of ONE HUNDRED FIFTY SIX
THOUSAND DOLLARS AND NO CENTS ($156,000.00)
to secure the payment of material and labor in 4onnection with the instal-
lation of said public improvements, which security ,i,s attached hereto,
marked "Exhibit C" and made a part r.ereofe
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
($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 ss~i .`_h:in said subaivis zon a. n accordance with the
specifications cor~tainc~d Yr~arein. Upon certification of completion by
the Director of Public Works and acceptance of said work by City, and
after certification by the Director of Finance that. all costs hereof
are fully paid, the ~,vl:~oi_~ amount, or any pare- r?-:r:Y~::>: roc=:. required for
payment trzereuf, may bF~ ~ L> ~ erased. to Subdivider e:~ _ is successors in
interest, pars+_rar~t to tl~,e t.?ryas of the improvement ecurity.
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_~ - - _
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....,.-
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 sha_L1 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, liability 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 Gity, 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 CITY OF CH A VISTA SUBDIVIDER: BONITA HI - PROPERTIES AND PAR
CONS ION INC~~ ? __ ; ~
~ - _ ;~
~,
Mayor of the City of Chuffs. Vista
7 4 t
AT'I'ES T '~ ~ ~ , ~ ~ ,> / / ~~ .~( ~~,, .cc:(~ "~~ ~~ ~'~-.~LC~= 2G.~.t 2~
City Clcrk -~ ;7~ ~_.~
,.% ~'
Approved as to or by Attach Notary Acknowledgment here.
ti
~`- ,-
~~ City Attorney ~
3 _ ~~ S"~/
TO 446 C (5-73)
ICurpuraliuu as a I'ar)nrr of a Partner~hipl TITLE INSURANCE
AND TRUST
I ,1 I I' ~)] (, `l,l I ~I; N I ^ \ ATICOR COMPANY
I ~~-
COIiNTY Ot~'_. San Die~s?Q_ ,
On __ _NOV0II1}~2Z- 12_r 19]l+ .before me, tl)e tmdersii;ned, a Notary Public in and for
said Mate, personally aPP~'ared CL78TZPS R LewGSd -, known to me to be the.
_ President, and - COriYB(j W31tOri ,known to me to be the~>i~P pY'PQ1~Arit
ti~gQ{~go[ _P1T COII$tYLtCtlOri TriC. _, the corporationthal executed
fhe within in=trwncnl and known to me to be the persons who
ese,•uted the within insuvment on behalf of said corpuratiun_
s_iid coo porafion~ h~°in;! known to me to he nne of the partners of
~Qnit~ _Hi~ ~ G ~r_op-eYYj P$-_- > the partnership
that esrculed the within msuument, and acknowledged to nu
that such corpora(iun execuU~d the same as such partner and
That such partnership executed the, same.
1V'ITNGSti my h d and official seal. ~ ,~
tiirnaunc - -
,:~~~ GEORGIA D. BAKER
y ~.r ~ ~ ; ;.t.^~tA2Y PL'SilC - CALIFORNIA
ra '~ P^SPi~iPAt OFFICE IN
~ SAV GiEGO. CQVN77
tuiy Commission Expires August 5, 1976
Name f'I'yped or Printed)
(This area for official notarial seal)
LIST OF EXHIBITS
Exhibit "A" Estimate of Cost of Monuments
Exhibit "B" Improvement Security - Faithful Performance:
Form: Surety Bond
Amount: $156,000.00
Exhibit "C" Improvement Security - Material and Labor:
Form: Surety Bond
Amount: $156,000.00
Exhibit "D° Improvement Security - Monuments:
Form: Surety Bond
Amount: $5,000.00
Securities approved as to form and amount by
i~ Y /~
y Attorney
Improvement Completion Date: One year from date of Council approval
of the Subdivision Improvement Agreement
r , `~,
Bond Plo . 0 014 3 5
Premium-$2340.00
BOfJD FOR 1:'AITIII?UL FF,T:I'ORT~AT~ICF
KNOW ALL P~iEN BY T111,SE PRES}~\'.I'S, That I/t~TeBonita Hills Properties, A Partnership
Principal, andCovenant Mutual Insurance Company as Surety, ar.e held
and firmly bound unto the City of Chula Vista, Stag of Calif_orr.ia, in
the sum ofOne Hundred Fifty Six Thousand Dollars and no/1(~ 156.,000.00 ),
lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, jointly and severally, fir_m1y by
these presents.
The condition of the foregoing obligation is such that whereas said
Principal(s) has-have enter_c.d into or is-are about to enter_ into the
annexed contract titi~ith tine City of C}~t:i1a Vista, pursuant to the authority
of an act of the 1<.gislature of the Mate of California, a.pproveci P.r~r.il
13, 1943, known as the "Sur~divisi_on ~`ap ~~ct" (Chapt.F..~r 2, P~-rrt 2, Division
4, Business and Professions Code) and any amendlrc~nts thereto, for the
grading and surfacing of streets and the construction of curbs, sidewalks
and gutters and sewers, and other. improvements, a)_1 as shown an the
improvement plans for Bonita Ridge Estates #1 which
improvement plans are on file in the of Lice of the Crty r,ngineer_ of_ -the
City of Chula Vista, and the payment tl~r~ r_~for by nri ncipal (s) and; where~~s
the Principal(s) is-are required b_y said City to gi~~e this bond in con-
nection with the execution of said contract;
NOt~~, THEREFORE, if said Princil.~al, as Contractor in the contract
hereto annexed, shall faithfully perform each and all of t}re conditions
of said contract to be performed i~~y hurl, and shal_1 furnish al)_ tools ,
eClulp111ent, dpparcdtUS, faC_Llltl_P_S, tran portat_:_Ori, 13~.~~Or, and. matc'r1ai.S,
other than. material, if_ any, agreed to be furnished by the City, neces-
sary to perform and complete and to perform and complete in a good a.nd
workmanlike manner the work of Subdivision Improvements
in strict conformity with the terms and conditions set forth in the con-
tract hereto annexed, and shall pay or cause t.o he ~~aid, all per`ons who
pe.rfo.rm labor for, or furn~..:~h materials to said coni~ractor, or to any
sub-contractor, in the executi_or, o.f said contract, then this ohl.igation
shall be null and void - othe.r_•wise to remain ~_n ful? ~=orcc> and effect-
and the Surety, for. value received, hereby stipulates anti agrees that no
change, extension of time>, altel:ati.on or addition to the terms of_ the
contract or to the ~aor]c to be perfor..~red thereur:der, or. the specificati ons
accompanying the same, shall in any wise affect its obligations nn this
bon.'., and it does hereby ~~Jaive notice of: any such change, extension of_
ti;1:e, alteration or addition to the terms of the contract or to the work
or .,~ the specifications. Signed and Sealed this 11 day of November 1974
~oni.t~rHills Properties, A Partnership
!~Y: ~ Covenant Mutual nsurance Company
:~ar~/ truc~tiorr! Co any, Inc. ,A Partner
;Y : r '' ~ ~ :JCL L~ ~~L~ ~' BY ~? `
'h L
ar ewsa er Pre i ent
Contractor ~
`onrad Walton, Vice President
APPROVED AS TO FOF.1~?:
Harold R. Smith, Attorney-in-Fact
Su.r.etV
Executed in Triplicate
City Attorney
'w-r-34
~~s<<i
TO 446 C (5-73)
J TITLE INSURANCE
ICorpuratiun as a Partner of a Partnership) AND TRUST
n~i 1, n~ C:11.1 i' oK.~ l n ~ ATICOR COMPANY
~~
(;OI!N1'Y OF San .Diego _- _ - _
On _ NOV2I11b2T 12 ~ 194 .before me, the undersigned, a Notary Public in and fm'
said Stale, personally appeared ChaY'10S R TaraRfiCl r -- known to me to be the
_Yre~ident, and - COriYSCl W tOri _ _._. known to me to be theVi ra Prasi rlarit
SILX4[~5~~[ Pa.r COIIStYUCtlOri h1C. __. the corporation Ihal eseculed
the. within instrument and known to me U) he the persons who
executed the. within instrument on behalf of said corporation.
slid corporation being known to me lu he one of the partners of
~onit~'.~]~l 1 G Pr¢~P~'t7 A~~ the partnership
that executed the within m-uument and acknowle<Iaed tr. me
Ihat such corporation executed the same, as such partner amt
that such partnership executed the same.
W'ITNGS5 my h d and official seal. ~ '
,~ ~ ~
Signature _ ~ _ -
--
--
-
Nanu• f'fyped or Printed)
.~-~~ GEORGIA D. BAKER
d LR, ~\
~ ,~ ~ t -ry,~;.t.,?AKY PUZ:iSC -CALIFORNIA
J s .` „x.l F~ i~1 iPAI OFFICE IN
~.' '/ SAiv OlEGO. COVN7~
N}y Commission Expires August 5, 1976 ~
(This area for oficial notarial scaU
Bond No. 001435
BOND F'OR P~II~TrPIAL AND LAI>OR
KNOL9 ALL MEN BY THESh PR1SI:TITS, That I/We Bonita Hills Propeties, A Par~.ner-
ship.
the contractor in the contract hereto annexed, as Pr.incipal_, and
Covenant Mutual Insurance Company as Surety, are held
and firmly bound unto the CITY OF CIIUI~A VISTA, a municipal. corporation,
located in San Diego County, California, in the sum ofOne Hundred Fifty Six
Thousand Dollars and no/100------- ($ 156,000.00 }, lawful money of
the United States, for whic}z payment, well and truly to be made, ~~e hind
ourselves, jointly and severally, firmly by these presents.
Signed, sealed and dated November 11, 1974
The condition of the above obligation is that if said Principal,
as contractor in the contract hereto annexed, or his or i_ts subccntractor,
fails to pay for any material, provisions, provender, or teams, used in,
upon, for or about the performance of thE> wor}~ contracted to be done by
said contractor, namely, to furnish a_11 tools, equiprY~ent, apparatus,
facilities, transportation, labor, and material, other than materi.a.l, if
any, agreed to be furnished by the City, necessary to perform and complete
and to perform and complete in a good and workmanlike manner, the work of•
Subdivision Improvements Bonita Ridge Estates #1
in strict conformance with the terms and conditions set forth in the con-
tract hereto annexed, or for any wor}~ or labor. dcne thereon of any kind,
said Surety will pay the same in an amount not exceeding the sum her.ein-
above set forth and also, in case suit is brought upon this bond, a
reasonable attorney fee to be fixed by the courts. This bond shall inure
to the benefit of any and all persons, companies, and corporations
entitled to file claims under and by virtue of the provisions of_ an act
of the Legislature of the State of California er_titlod "An h.ct to Secure
the Payment of the Claims of Persons ?:mployed by Contractors upon Public
Works, end the Claims of Persons who Furnished Materials, Supplies,
Teaus, Implements or Machinery Used or Consumed by such Contra-actors, in
the Performance of Such Vlorks, and. Prescribing tyre Duties of Certain
Public Officers with Res~~c~ct Thereto," appro~~ed P~Iay 1.0, 1919, as amended;
and thee,said Surety for value received hereby stipulates and arlrees that
no chance, extension of time, alteration or addition to the ter_r.1s of the
contr~.ct or to the work to be performed there>under, or the spnci_fications
accomi~:.in~. ing the same, shall in. any wise affect its cblicJations on this
bony;-, and it does hereby waive notice of any sl:ich chanr,c~s , extE~nsion of
time,. alteration or_ addition to the terms of they contract or to the work
or to tle specificatioirs.
Bonita Hills Properties, A Partnership
BY: _ Covenant Mutual Insurance Company
Par Co tructi ~apany, Inc. ,A Partner
',~ ,~ ~ ~ ~ , ./,n .~9
BY : 1, CG 6~ . tt'7~~',~Cr-~ BY : e ~-~X
Charge R. Lew de , Pres' ent
i:~~ ~.
BY ~ -°-"~~ I ~_-. s ~ L Harold R. Smith, Attorney-in-Fact
' Contractor ~ Surety
Conrad Walton, Vice President
APPROVED AS TO FURM:
Executed in Triplicate
PW-IJ-34
~~~~
~.
State of California
County of Los Angeles ss.
On this _ 1 1 day of _ NOVEMBER 1974 ,before me personally came
HAROLD R. SMITH
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name
thereto by like authority.
ipmmmnmm~mmmmmrmmrmmmmmnmmrmnuv anrunuuuw rnauaunuaumrp
,. ~~ .: -
- ~ ,, •~
.,
® // _~/ `_
t.
°'°i0 (Notary Public)
n
° _ Bond No: 001434
Premium-$ 75.00 !"~'F--
SURVEY 1`1ONUI~i1;N`1' INSTALLA`.1'IC~N TOND
CNO[J ALL A9EN I3Y 'I'IILSL PRI~SEN`I'S, That I/We Bonita Hills Properties,A Partnership
~s the subdivider and Pr.i.ncipa:L, and the Covenant Mutual Insurance Company
.r Corporation of the State of Connecticut as Sur_et.y, are
field and firmly 1_~ound unto the City of Chula Vista, a municipal corporzti_oiZ,
1_n the County of S~rn Diego, State of California, and to anc? for the bene.f.i.t
-~f any and all persons ~,~ho may suffer damage by reason. of_ the breach of
.he conditions hereof, in the penal sum of Five Thousand Dollars and no/100--°--
($ 5000.00 ) lawful money of the United States of America, to be paid
ca the said City of Chula Vista.
WIIEI2EAS, tl-ie said Principal is presently engaged in suhdi_vid.ing
pertain lands to be known a.sBonita Ridge Estate #1 subdivision in the
~ity of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by resolution and
WFIEP.EAS, 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,
PdO[•d, TIIEREr ORE ,
Principal shall have
nd Associtates as
Engineer)
which is on file wit
the condition of the above obligation is that if tlic>
set durable monuments of the survey byGeorge S. l~,lte
(name of
per the final map of said subdivision, a copy of
h the City Engineer of the City of Chu]_a Vista, refer-
ence to which said map is hereby made and same is i.ncorporat.ed 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 g-wing of this pond,
on or before the expiration of thirty (30) consecutive days fo.llowinq
completion and acceptance of public improvements within said subdivision,
then the obligation shall be void, otherwise to remain in full force and
effect.
IN WI`1'N]~SS WIIEREOP, the said Principal and Surety have hex~e~~n ~o sei.
their hand: this 11 day of_ Nove ber _ ].9 74
Boni H'lls4 "rtie A artnership
B ~.~~C% ( /Lea (Pr.inc:i.~n~~] )
Par Construe i n Company, Inc.,A partner
APPROVED ~lS `i'O FORM: C venant ~7.utual I urance Company.(Sur_ct_v)_
I3X--~~--1 '~ _ ~. ~~_
__._ Harold R. Smith, 'Attc~r~~ y-in-1~'act
City Attorn~.~Y
executed in Triplicate
~ 7s~~
~:
~""'": -
TO 446 C (5-73)
iCorporation as a Parincr of a Parincr=hip) TITLE INSURANCE
AND TRUST
5'f9'I'I~: OF C;1LIPnRNIA
ATICOR COMPANY
San Die ~~~
COIiN'1'Y nF_ - go
On __ Novamhar_]._2_~__,~q~~ ,before me, the undersigned, a Notary Public in and for
said .5llitc, personally appcareil ~ Charles R. LeWSaCleY _ ,known to me to be the
-~ __I'rrsident, and -'~-~ _, known to me to be the
_ . ---
`S~4ilidY''Y ~If __ Par C'nnctrnrti nn~jnC ,the corporation that cxet°uted
the wdhin in~h'unu~ni and known !o mr to be the persons who
exccuicd the within instrvnu°nt on behalf of said eorpoTation.
paid corporation' being known in nu to he one of the partners of
Bonita H111S PI'OpeTtleS .the partnership
__
That rx~cutcd thr within Instrununt, and acknowlr~dged to me ~'>'~ GE4~2GIA D. BAKER
that ugh corporation r tl cured th<, same as such partner and ~...~ ~~
t-.~;A''i PU8:lC . CAtIfORNIA
that =ur h paring i hip executer) the sanu~. .~-~ a,', s
~~~~ PFlNCIPA! OFFICE {N
~~77"VGSS my ud and official al;'
~i_nature ~~ -f~~ t~__ ~ -~2~ SAN C4EG0. COUNTY
%` ~ Mty Commission Expires August 5, 1976
..ter ~~
- _ __ _ _ _ _
Namh i'hyperl or Printed)
(This area for official notarial seal)
COVENANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint
HAROL'i R. SMITH
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s1-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: ' ~ ~,
r,ssistant Secretary
COVENANT MUTUAL INSURANCE COMPANY
By .
Vice Presid t
STATE OF CONNECTICUT l
' } ss:
COUNTY OF HARTFORD )))
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., sand James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
?'•+O 1<A ~~' ~•; '' Notary Public
u~i s ••~ : ~ ; - My commission expires March 31, 1978
~'•.pVBL~G.r~
~~~NEC~1~~` CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this 1 1 day of NOVEMBER 19 74
Assistant Secre y ~~ ~ [//
TO 446 C (5-73)
i f;,,l~pln ali,llt a~ a I'aruu.r of
a Partnc~r~hipl
J~ TiTIE INSURANCE
J AND TRUST
pTICOR COMPANY
r tiff.
~i,,~TV;- fli. (,~AI.IFOI;NIA 1
--- - ' Public in and for
otary
Dieg- _ -
$ari _ -- the undersigned, a e to be the
before me,
COl '~'1'Y Oh~- -- known to m
~ q ~ ~ R . Lewes e=-~, _ _ _ _
~~7e~~'~-' "' Charle3 - me to be the
On ---- _-- .known to
orally appeared - -= oration that cxecutec
tiu(te. Pc(-, --- the core
paid
- P(~e~ident, and .
ors who
-- ~ < r
Y'Y °f ~ paid corporation.
thc• within in~n'nmcnt and known to ml' to be t u' F
~~~ " ' on he}cal{ of
one o{ the partnere ilf GEQ4~~IA p, BAKER
I•xl~c•oted the within insutinicnt ~.°;,..~~
known to nu' to i'c~ thi partner=lop c i ~ CAUfpRN1A
~. 1
~;tid ~ orpoi alien- hl ni gr't1eS - ~hC~TA°~{ p38.t..
Prop -r"D~
and acknowlc dge~ tom
Bonita Hills c~~,~„-~ oFF~ce ti++
=uc}i partner and PRIS3UPti1
th+t c>;ccutecf imatwinic~xcicutcdirth~ an°r~ t~ SAV CSEGJ. COtINT`f
that <uc h cori exec uteri th< AU$USt 5, 1976
that ~uc}t partnrrshil ~ t•'IISSIOn EX~IT85
nd and odic ial .~~ My Conti ' ~~,,,_„
.,rnaton -
_______---- (This area for o$icial notarial sea
__---
__-
- - ('i'Ypl°d or l'rintec 1
__ _ - Name
COVENANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint
HARQLD R. SMITH
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: J ~ ~,
Assistant Secretary
STATE OF CONNECTICUT
' ~ ss:
COUNTY OF HARTFORD
COVENANT MUTUAL INSURANCE COMPANY
B Y 1/~~~'.CY~~D.~ !/ / .1 ~~/Kldd/OI /G~
- Vice Presid~t b' " '
~J ` 1 N ~~+~.,1, .
1
aJ s~ ,
A ~.
z
:~ o
~J s ~ ~,~.
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
=~;' OTAR ~ ;'~.
<. M } , ~ Notary Public
u~: ••• ~ ~ ; - My commission expires March 31, 1978
~' '•
~~~EC>E~C~ ' CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resoiut~ons of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this 11 day of NOVEMBER 1g 74 .
!J~-~`t !~ f~i
Assistant Secret y ~ v~ ~-~ //
State of California ~ ss.
County of Los Angeles
11 day of NOVEMBER , 1974 ,before me personally came
On this
HAROLD R. Snr, I TH
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrumthat t} Was so affi (ed
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal;
by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name
+hereto by like authority. ~''.~
rnrn,nmm~nnu,,,,,,,,,r,,,,,„ mmmunnmmnnnnnnnnmmD
gmnn~mm~mmn~°11 ,iFFI(.IA~ SF AI.
~~~ ~.u~
o~~ (Notary Public)
C
5'CATF; OF CALIFORNIA - --~ SS.
Die o -- -- -
COUNTY OF_-San --~--
Y' 18, 1974_ - before me.
~n _ Novembe__
th~~ und~•rsi~ne~{. a Notary Public in and fnr said l~.ount~ and ~taU~.
s__R. _Lews~der -
x~rsonally appeared C~?3Y~.e
{ - President, :uxi - - -
known to me to br the. ,known to me [o be
Evelyn M. Lewsader _ -
_ Srcrctary of thf• corporar~~onsth~l~o esc~~uted thr
within Instn~ment, known [n me to be the {~'
~rkn1owl~~dt~ed7~tot met~thutlf suf'hhcor{~uiratinn,"~ti~~'utt<<i'~t}E~P,within
in<trument pursuant to its b}-laws or a resolution of its board of
directors.
r, ~~
51~nalUrA
TITI..E/
_~
FOR SEAL OR STAMP
~s-u ~~~ OFFICIAL SEAL
p ~~s }~ LORRAINE A. KRAKER ~
G ~ ~S_,~ ~ Notary Public -California ~
\~~ / SAN DIEGO COUNTY ~
~ My Commission Expires June 12, 7976
COVENANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint
HAROLD R. SM 1 TH
its true and lawful Attorneys)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney~s--in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitatiori or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: ~~IItCA _~, ~G'd~V~~
Assistant Secretary
COVENANT MUTUAL INSURANCE COMPANY
By
Vice Presid t
STATE OF CONNF_CTICUT
' ~ ss:
COUtvT`(QF HARTFORD
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
'`?;~+0 1<A ~+, '; .-: Notary Public
u~i i ••• : ~ ; My commission expires March 31, 1978
~ : PuBI.~G ; 2
~~' '~
~~NtC~~~~ ~ CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this ~ 1 day of NOVEt,ABER 19 74
Assistant Secre y ~ .7 ~.. y/
State of California ~ ss.
County of Los Angeles
On this 11
NOVEMBER 1974 ,before me personally came
day of
HARO~~ R. SMITH
sworn, did depose and say: that he is Atter c n(s,instrument; Chat he tknow( )
to me known, who being by me duly
Insurance Company, the Corporation deescribed in and which executed the or 9 t' g,
al affixed to said instrument is such corpoo^eand t~hatahe'signedshisfname
the seal of said Corporation, that the
b authority granted to him in accordance with the By-Laws of the said Corpora /I
Y `
thereto by like authority. /
l : %~)'~~~ / l:
~,~~~ ~, ~~„~~,,,~,,,~,~, ~„~„~~~,~, _ (Notary Public)
F~~.,~ t. a. e
~. ~ F d l `
~ G
{' - r
`~~ 2. .r _ ~"dGt S .CiUN`Y _
`~, _
~. ~. ~~.~ ~ u.~.uunwuipnnuu~unuuuunuumuun.~nuw~.
,.~ _, ~ ,