HomeMy WebLinkAboutReso 1987-13168 RESOLUTION NO. 13168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA
VISTA TRACT 84-9, EASTLAKE I UNIT 19,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT AND
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, 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 84-9, EASTLAKE I UNIT 19, and more
particularly described as follows:
Being a Subdivision of a portion of fractional Section
28 and fractional Section 33, Township 17 South, Range 1
West, San Bernardino Meridian, in the City of Chula
Vista, County of San Diego, State of California,
according to 'the United States Government Survey
approved October 25, 1883
No. of Lots: 71 No. of Lettered Lots: 3
No. of Units: 68 Gross Area: 55.664 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: Port Dunbar,
Zinfandel Terrace, Port Claridge, Port Chelsea and Port Renwick
and said streets are hereby declared to be public streets and
dedicated to the public use.
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 and maintenance of
drainage, sewer, slopes and street tree planting as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
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u 1014
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 21st day of 3uly , 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 Supplemental
Improvement Agreement dated the 21st day of July , 1987, 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.
Presented by Approved as to form by
2145a
'1015
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ChuLA VISTA, CALIFORNIA, this 21st day of. July
19 87 , by the following vote, to-wit:
AYES: Councilmembers Moore1 Nadert Malcolm, McCandliss
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members cox
Mayor PRO-TEMPORE OF THE CITY OF CHULA VISTA
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 that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 13168
,and that the some has not been amended or repealed.
D A T E D ,/2,,,z~,,,, z',/'///~' t'7
CC-660
hO FEE i i:CORDCo
of July , 198 7 , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and
BREHM COMMUNITIES, 2835 Camino Del Rio South, Suite 220, San
Diego, CA. 92108
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
EASTLAKE I UNIT 19
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
aouncil 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 improve-
ment work required by City in connection with the proposed sub-
division 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. 11935 , approved on the 19th day
of zea__, 1985 , and
Form No. CA-410
Revised 3/87
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· v 993
WHEREAS, complete plans and specifications for the
coastruction, installation and completion of said public improve-
meat work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos.86-272 through 86-278 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 SEVEN
HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($710,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to comply with all of the require-
meats 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.
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994
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
I the City of Chula Vista, simultaneously with the execution of this
!!i agreement, an approved improvement security in the sum of THREE
~ HUNDRED FIFTY FIVE THOUSAND DOLLARS AND NO CENTS ($355,000.00)
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 THREE
HUNDRED FIFTY FIVE THOUSAND DOLLARS AND NO CENTS ($355,000.00)
to secure the payment of material and labor in connection with the
installlation of said public improvements, which security is
attached hereto, marked Exhibit wB" 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 TWENTY
SIX THOUSAND FIVE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS
($26,525.00) (per private engineer's estimate)
t
to secure the ins allation 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.
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-v 995
ll. 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 tne 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.
· , .v' 996
14. 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.
jCrIo~:~ Cit~ of'Chula Semor'~ice President
Approved as to form by ~ BREHM COMMUNITIES'
~C/lt~ At~ne~ M~ D. Kebely, Vice President
(Attach Notary Acknowledgment)
0156a
suchcorporationexecutedthewithininstrumentpursuanttoits
by-laws or a resolution of its board of directors.
CAT. NO. NN00637
Zt'n;%b 'a:TYa=,rofa P,=e.bip>TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San Dieqo ~.
on July 17, 1987 before me, the undersigned, a Not~ Public in and for
said State, pe~onally appeared Robert ~antn~ .....
personny known to me or proved to me on the basis of satisfactory evidence to be the person~ho executed
the p~tnership that executed the within inst~ment, and
acknowledged to me that they executed the same on ~ ~~
behMf of
, a p~tnership, ;nd that
said last named partnership executed the same.
WITNESS ~y hand and official seal.
Signature ~7
(This area for OfficjM nomi~
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $355,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $355,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $26,525.00
Securities approved as to form and amount by
~ ~/City Attorney
Improvement Completion Date: Three years from date of Council
approval of the Subdivision Improvement
Agreement
· v 999
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT
of ~7'j/u , 1987 by and between the C
a municipal/corporation, hereinafter called the "City" and Brehm
Communities, 2835 Camino Del Rio South, Suite 220, San Diego,
CA. 92108, hereinafter called the "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
EastLake I, Unit 19 (Chula Vista Tract 84-9), 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 maps, and
WHEREAS, certain provisions and agreements with respect
to the aforesaid subdivision map are agreed to by the parties in
addition to or replacement of the terms and conditions set forth
in the City's standard Subdivision Improvement Agreement Form No.
CA-410, revised 12/82, which this Supplement is affixed to, and
WHEREAS, the parties hereto agree to the filing,
approval and recordation of the subject subdivision map upon its
compliance with the terms of Form No. CA-410 as may be revised by
this document.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. For purposes of this Supplement and the City's
Standard Form Subdivision Improvement Agreement, "Subdivider"
shall be EastLake Development Company, a California general
partnership comprised of corporations or upon approval of the
City, (not to be unreasonably withheld, in accordance with
Section 5.2.2 of the Development Agreement between the City of
Chula Vista and EastLake Development Company), the Assignee of
Subdivider's interest in the aforementioned subdivision.
2. It is further agreed by the parties hereto that the
principle amounts of the labor and materials, and faithful
performance bonds affixed hereto as Exhibits A, B and C, are
based upon the current estimates of the parties of the cost of
completion of the public improvements contemplated by this
subdivision. Subdivider or Subdivider's authorized Assignee
shall be authorized, following approval of all improvement
drawings for the subject property to seek a reduction in the
improvement security based upon revised estimates. City, upon
request of Subdivider or Subdivider's Assignee shall not
.~unreasonably withhold agreement to such a reduction in
improvement security as may reasonably reflect the revised cost
I~estimates of the works of improvement following approval of all
~improvement drawings.
3. Notwithstanding any provisions to the contrary in
the City's Form No. CA-410 Subdivision Improvement Agreement, the
City shall not, by authorization for the approval of the filing
or recordation of the above-mentioned subdivision map, be
estopped from denying or conditioning the approval of subdivision
improvement drawings in accordance with adopted procedures or
standards of the City of Chula Vista.
4. Certain public improvements are contemplated to be
built or financed in whole or in part by Subdivider or
Subdivider's Assignee inconjunction with the development of the
property contained within the aforementioned map pursuant to the
Development Agreement and Public Facilities Financing Plan
approved by the City of Chula Vista on February 26, 1985. The
parties agree that a prorata contribution towards the facilities
contemplated in such agreements shall be paid by Subdivider
pursuant to an agreement entitled "Interim Facilities Financing
Agreement" with respect to payment of EastLake Hills and Shores
impact fees which is attached hereto and incorporated by
reference as if fully set forth herein. The Bonds attached as
Exhibits A, B and C shall not secure the performance of the
parties to the interim Facilities Financing Agreement.
5. Notwithstanding any provision to the contrary in the
City's Standard Subdivision Improvement Agreement Form CA-410,
Subdivider shall be authorized to finance certain of the above
public improvements (sewer, water, streets, etc.) through special
assessment proceedings under the provisions of the "Municipal
Improvement Act of 1913" (Division 12 of the Street and Highways
Code of the State of California), with bonds to issue pursuant to
the provisions of the "Improvement Bond Act of 1915" (Division 10
of said Code). This authorization is pursuant to the provisions
of Section 66462(A)(2) of the Government Code of the State of
California.
6. The City reserves the right, upon adequate notice to
Subdivider, to suspend the issuance of building permits for
residential dwelling units (or in the alternative sewer hook-ups)
for units which are served by a gravity sewer line in Bonita Long
Canyon where the City determines that the then present facilities
are inadequate to provide service to additional dwelling units
from this subdivision. Such suspension of the issuance of
building permits of sewer hook-ups shall be lifted upon EastLake
Development Company's provision of security for the completion of
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1001
the works of improvements contemplated by various agreements
~between EastLake Development Company and McMillin Bonita Long
~Canyon Development with respect to oversizing the sewer lines in
the sewer basin.
7. To the extent that this Addendum to the City's
standard Subdivision Improvement Agreement Form No. CA-410 is
consistent with said standard form, it shall take precedent over
any provision therein to the contrary.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first hereinabove
set forth.
THE CITY OF CHULA VISTA SUBDIVIDER: EASTLAKE
DEVELOPMENT CO.
e (Attach Notary
Assistant City y
Acknowledgement )
1088a
100t
BARBARA LEE BLASE
CAT. NO. NN00637
· o ,as. ~.-~ ~ TICOR TITLE INSURANCE
(Partnership as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF San Dieqo &~'
On July 17, 1987 , before me, the undersigned, a Notary Public in and for
an
said State, personally appeared Rober[ ~ tos
personally known to me or~p~oved to me on the basis of satisfactory evidence to be the person__who executed
. Vice President of the ~artners of
the within instrument as
EastLake Development cjompany
the partnership that executed the within instrument, and
acknowledged to me that they executed the same on
behalf of
, a partnership, and that
said last named partnership executed the same.
WITNESS my hand and official seal.
(This area for official notarid seal)
BOND FOR FAITHFUL PERFORmLANCE
80ND N0.02 89 86
WHEREAS, The City Council of the City of Chula Vista,
State of California, and BREAM COMMUNIIIES
(hereinafter designated as
"principall') 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 EASTLAKE I. UNIT NO. 19
, 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
INSURANCE COMPANY OF THE WEST , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of THREE HUNDRED FIFTY FTVF TNDIISANn
AND N0/100 .............................. dollars ($ 355.0riO,Q0 )
lawful money of the United States, for the payment of which sLun
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
.v 1004
'2-
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
"ts and performances
sTATEoFoAL,Fo.., V"'1005 /eement:
On
~ personally known to me {or proved to me on the O~ 7TH
basis of satisfacto~ evidence) to be the persons who executed the within instrument as -
~-~ .......... ~ ............. ~:::::: 0F THE WEST
the corporation therein named and acknowledged ~o me that ~ ~~ NO~FFICIAL SEAL
LeBLANC
~ ' ~ ': Attorney-in-Fact
OF CALZFO~NIA
~D ~ OF SAN DIEGO
~ ~is 7th ~y Ju]~ lg 87 , ~fore ~, the undersized Nota~ Public, in and for ~
~a~ ~ Angle ~ M~U~C~O a ~rson k~ to ~ (or proved to ~ m ~ ~sis of
~so~lly a~ ~lf
LisfaCto~ erjde~, to ~ t~ ~rson ~o ~uted ~e ~w~tten instant as Attomey-ir~Fact on
~ration ~erein ~d and ackn~,]e~ed to ~ t~t the co~ration executed it.
Given ~der ~' bnd and Notarjal Seal this 7th ~). of Ju]y A.D. 19 87
~ission ~ires( .....
~, ':'~ A~,)]{E-~ }.f. :j,~L~I)i~I':SE Nota~ Public.
BOND FOR MATERIAL AND LABOR
BOND NO. 02 89 86
WNEREAS, the City Council of the City of Chula
Vista, State of California, and BRENM COMMUNITIES
(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 EASTLAKE I~ UNIT N0. 19
, is hereby referred to and
made a part hereof; and
WHEREAS, Under the term~ 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 THREE HUNDRED FIFTY FIVE THOUSAND
AND N0/100--~ ...................... dollars ($ 355~000.00 ), 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
fe~s, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
tQ 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 brgught 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.
v 1007
-2-
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
} ~ been
COUNTY 0 ~ } '
the corporation therein named, and acknowledged to me that ~ ~ OFFICiAl SEAL ~ At'torney- i R-Fact
Jl~ OF CALIFORNIA
ss.:
AND COUNT/OF SAN DI EGO
On this 7th ~y July 19 87 , before ~, the undersigned Notary Public, in and for the State,
-sonally appeared An,qie V Mauricio a person kr~J~n to me (or proved to me on the basis of
isfactor) evidence), to be the person who executed the ~Titten instn~nent as Attorney-in-Fact on behalf of die
~oration therein named and acknowledged to m2 that the corporation executed it.
Given under my hand and Notaria] Seal this 7th day of July A.D. 19 87
· .......... -- 1/,2.: ' '
} ' ~'- I .... Notary Public.
'j:\-' ~" .....-'-"'%-'," ~:-,7' ~
· " 1009
' ., INSURANCE COMPANY OF THE WEST
HOME OFRCE: SAN DIEGO, CAL)FORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing
under the laws of the State of California and having its principal office in the City of San Diego. California. does hereby nominate,
constitute and appoint:
A. J. CAMPB~T.L ANGIE V. MAUPJCIO
its true and {awful Attorney(s)-in-Fact, with fun power and authority hereby conferred In its name, place and stead, to execute.
seal. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
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 Board Of Directors of the insurance Company of the West at a meeting duly called and held on the Sixth day of
February. 1973. which said Resolution has not been amended or rescinded and of 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 AttorneysHn*Fact and revoke the Power of Attorney given him or her: and be it further
"RESOLVED; That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company
any and all bonds and undertakings as the business of 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 WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to
be signed by its duly authorized officers this Fifth day of May, 1982.
Q INSURANCE COMPANY OF THE WEST
President
~TATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this Fifth day of May A.D., 1982, before the SubScriber, a Notary Public of the State of California. in and for the County of
San Diego. duly commissioned and qualified. Came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST,
to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn. deposeth and saith, that he is the said officer of the Corporation
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the Said
Corporate 5eel and his signature as such officer were duly affixed and subscribed to the Said instrument by the authority and
direction of the said Corporation.
! IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
~ first above written.
Notan/Public
STATE OF CALl FORNIA SS:
COUNTY OF SAN DIEGO
I, the undersigned. Richard S. King. Secretary of the Insurance Company of the West, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing iaa full, true and correct copy, Is in full force and effect, and has not been revoked.
!: ~ITNESS WHEREOF. I have hereunto subscribed my name as Secretary. and affixed the Corporate Seal of the Corporation.
,~ ~ ~ch day of July ~9 87-
101 O Bond ~ 400 EL S764
1o~emium ~ 133.00
SURVEY MONUMENT INSTALLATION BOND
)~k KNOW ALL MEN BY THESE PRESENTS, That I/W_e EASTLAKE DEVELOPMENT CO.
~ the subdivider and Principal, and the S%. Paul YiTe & PL%rine insurance Company
a Corporation of the State of .C/fg~7~' I~inneso%a, 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 stun of T_w. enty six thousand five hundred twentyf
($ 26,525.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
CAT, NO. NN00e3? 'ividing
1011 n in the
parmership as a Partner of a PartnershiP) %J tion of
STATE OF CALIFORNIA } S&
~ / ~ ~/(~ e ' ed a Notary Public in and for
, ' ~, desires
said S[arc, personal]y appeared ' ' to b~ the pcrson2ho executed
personM]y known to me or proved to mc on the basls of satisfactory cv{dcnce
thcw]~hinlnstrumentasjR, VtC[ p8F~{DFNI~gb4W~X~X~xo/ DF F~qTI~K[ that if the
9[VFLOPMFNT COMeAN¥, Dell & Assoc
the partnership that executed the within instrument. ×,X4( - . .-- ....... ~ame of
~Mg~CMX~X~X~X~{X~XXg~WKW~X~KX~Xqg ~g ~i/iopy Of
Xxxxxxxxxxxxxxxxxxxxx x x
NESS my h~d and offic]~ sc~. erein as
~ ~~ the City
Signature ~J~ bond, on
~ v ~ (This ~c~ for offic~ uo~ ~) . c ~omDletiOr
ACK~O~VLEDGEME~T BY SURETY
STATE OF CALIFORNIA Insumn~
COUNTY OF 0r~
On this 6~B day of Oe$. in the year 19 ~, before me,~haryl ~1~ , personally
appeared Pe~l
personally known to me (or proved to me on [he basis of satisfactory evidence) [o be the person who executed the within
insirumen[ as at[orney-in-fact of S~, Zau]_ ~~glqr~.nee C~mpan2r . corpora[ion
and acknowledged to me that th Por~cute~lCl~t SEAL
~i~H]/ SI. PAUL HRE AND MARINE INSURANCE COMPANY CER'IIFICATE OF
t,,~.wst~,,,,~ 385 Washington Street, St. Paul, Minnesota 551Q~ 1 O 1 ~ AUTUORITV NO.
For verification of the authenticky of this Power of Attorney, you may telephone toll free 8~-328-2189 and ~k for ~ D ~ ~ Q ~ ~
~ the Power of Attorney Clerk. Please refer to the Certificate of Authority No. ~d the nmed individu~(s). ' ~ ~
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
~ ALL MEN BY THESE PRESENTS: That SI. Paul Fire anti Marine Insurance Company, a corporation organized and existing under the laws of the
5,~., of Minnesota, having ds principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
William R. ~orgerson, R. a. Coon; Pearl ~ang, Glenn G. Porker,
CharLes L. gezmsZhaleh~ individually, Brea~ California,
Carol geeve~ Daniel P. Aguilar~ Barbara Furgatch~
Frank A. Perry, individually, Woodland gills, C~llfornia
its true and lawful attorney(s}-in-fact to execule, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said SI. Paul }'ire and Marine Insurance Company, as fully
and annply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified In and may be revoked, pursuant to and by authority of Article V,,-Section 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE 1NSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President. Secrelary or Residenl Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in Ihe nature thereof, and
(2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/of any of the By-Laws of the Company, and
(3) To remove, al any time, any such Aaorney-in-fact or Special Auorney-in-fact and revoke lhe authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May 1959, of which the following is a true excerpt:
"Now therefore the signalures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
I hereto by facsimile, and any such power of attorney or certificate bearing such facsimile signal ures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall De valid and binding upon the Company in the
~future with respect to any bond or tmdertaking to which it is attached."
iiXB.E ¢!t,t~,~ IN TESTIMONY WHEREdE St. Paul Fire and Marine ~nsurance Company has caused this instrument to be signed and its
~ ~ ~ corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984.
B. f~ SI. I~UL FIRE AND MARINE INSU~NCE COMPANY
~ m~ STATE OF MINNESOTA} ss.
/~~g County of Ramsey
On lhis 9~ day of ~iX , 19 8 6 , before me came the individual who execuled Ihe preceding instrumem, to me
personally known, and, being by me duly sworn, said tha he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company; that the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed
by order of the Board of Directors of said Company.
co I MARY C. CLANCY, Notary Public, Ramsey County, MN
My Commission Expires November I, 19~
CERTIFICATION
1, lhe undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared ~he foregoing copy of the Power of Attorney
and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE
ItOME OFFICE OF SAID COMPANY, and that the same arc correct transcripts thereof, and of the whole of ihe said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
} IN TESTIMONY WHEREdE I have hereunto set my hand this ~
6th day of October 19 86 . Secretary
'~'...~.L~'
Only a certified copy of Power of Attorney bearing the CertifiCate of Authority No. printed in red on the upper right corner is binding. photocopies, carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF TIlE PENALTY AMOUNT STATED ABOYE IS TO~ALLY ~OlD AND WITHOUT ANY ~LIDITy.
29550Rev, S-84Pri.tedin U.S.A