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HomeMy WebLinkAboutReso 1973-6831.n recorded, please return to: `~`~<~ ~'?~:rk 233 RESOLUTION NO. 6831 ~+ .. Form No . 3 5 2 . Rev. 11-67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN CANDLEWOOD 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, SHATTUCK CONSTRUCTION COMPANY, a corporation, dated the 24th day of April 19 73 , for the completion of improvements in that certain subdivision known as CANDLEWOOD 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 to form by Lane F. Cole, Direct r o eorge n erg, i y orney/ Public Works C/' ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 24th , day of April , 19 73 , by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ~• ~J'L. Mayor of the City of Chula Vista ATTEST ~ ~ ~ ~ ~' City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) Ss. CITY OF CHULA VISTA ) I, Jennie r.". Fulasz 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that the above is a full, true and correct copy of Resolution No. 6£331 and that the same has not been amended or repealed . DATED -~,~ay~ 10 , 19 7 ~ _ R CO ,BOOK I9T3 '~ ~ ~ c L~J~w ~ ^EQUE - Ci y Clerk M • ...,.... crrr c~ERK ar II IOo9~~'~~ OFF1CihLr('.ORDS SAN OIEGO COUN7Y.CACIF. OARLEY F.BLOOH R£CDRD£R NO FEE ~ ~ ` l ti3~1 ~. ~. SUBDIVISION .IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 24th day of April , 1973 , by and between THE CITY OF CHULA VISTA, a mun~czpal corporation, hereinafter called "City", and SHATTUCK CONSTRUCTION COMPANY, a California corporation, 6150 Mission Gorge Road, Suite 204, San Diego, California 92120, hereinafter called "'Subdivider"; W I T N E S S E T H WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final sub- division map of a proposed subdivision, to be known as CANDLEWOOD SUBDIVISION 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, apps°oval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and%or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the require- ments of Chapter 28 of the Chula Vista City Code, agreeing to install and complete, free of liens, at 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, i.n consa..deration 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 e,ertain requirements and conditions, as con- tained in Resolution No, 6463, approved on the 13th day of June, 1.9'7 2, 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. 73-61D through 73-74D , on file in the Office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been sub- mitted and approved by the City, in the amount-of TWO HUNDRED FORTY NINE THOUSAND, SIX HUNDRED EIGHTY THREE DOLLARS AND NO CENTS ($249,683.00), 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, LT TS MUTUALLY UNDERSTOOD AND AGP.EED AS FOLLOWS: 1, Subdivider agrees to comply with a1i of the requirements of the tentative map ~esc~lution; to do and ~.;erform or cause to be done and performed, at i is own expense, wi tryout co:~ t t~ C°i ty , in a good and workmanlike manner, under the direction and to the satisfaction and ,~P~d'~ l . _. 235 approval of the Direct:f.~~r of Public Works, G11 of the public improvement andfor land development ~%ork required to be done in and adjoining said subdivision; and w~..ll furnish the necessary materials therefor, all in strict conformity and r; accordance with the plans and specifications, which documents have heretofore been filed in the Office of the Director of Public Works and by this reference are incorporated herein and made a part hereof. 2,. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30~ days after the com- pletion. and acceptance of the required improvements, and that Subdivider has installed or will i,r~stall temporary street name signs if permanent street name signs i~ave not been installed ~, It is expressly understood and agreed that Subdivider will cause 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 is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the Director of Public Works ha.s certified in writing the completion of said public improvements or the portion thereof serving 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 previsions 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 C1zu1a Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($125,000.00), 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 TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($125,000.00), to secure the payment of material and labor in connection with the instal- lation of said public improvements, which security i.s attached hereto, marked "Exhibit C" and made a part hereo f 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 SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00), 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 w~_thin the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements witrtir._ said subdivisl~r: ~_r~ accordanoe with the specifications contained t.ereins 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 wl~au~.e amount, or any part *_hr ,~~,-, '= no required for payment thereof, may bE, r ~~ieased to Subdivide-r- c~ ~ ~s suc;cessors ire interest, purs~zant to thF= term:: of the improvement security. ~(!~ ~~ ti3 10. It is also expressly agreed and uxderstood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Chapter 28 of the Chula Vista City Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that. Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by Gity 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 cr 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, n.or shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 14. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA , ~~ ` Mayor of th Cit1~ of Chui.~~s. Vista ATTES T , c~ /L=n ~.c: ~~> %Gt-~~"2- City Clerk ,1 Approved as to orm ~ Attach Notary Acknowledgment here. SUBDIVIDER: SHATTU ~ CONSTR~tCTI01~T ~C~O1~~ANY ~~ ~~ __ ~ -~C~-t - _._ ._ _.C> cam.- , City At~torne~- r-.~- 7~ ~~ .Ss' ~_ 23~` State of CALIFORNIA County of SAN DIDGO SS. z ~I ~I J' z Y J Q z c Y i z J on April 4, 1973 before me, the undersigned, a Notary Public in and for San Diego County, California, personally appeared J. R. Shattuck known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official eal. ~~ ~ ~~ U I (Seal) •a~ Na) LIST OF EXHIBITS Exhibit "A" Estimate of Cost of Monuments Exhibit "B" Improvement Security - Faithful Performance: Form: Bond Amount: $125,000.00 Exhibit "C" Improvement Security - Material and Labor: Form: Bond Amount: $125,000.00 Exhibit "D" Improvement Security - Monuments: Form: Bond Amount: $6,000.00 Securities approved form and amount by ,~ -~ City Attorney Improvement Completion Date: One Year from Date of Approval of this Agreement. ,~~~~/ ' ti~~ . I30I~1D FOR F~IA'I'E1~:11"~.L~ ~'1~^~D I-,~'~}aOR. BOND NO. 118076 KNOP7 AI,L NIE;.v BY THESc: PP.LSE~iTS, Thaj:- I/69e SHATTUCK CONSTRUCTION COMPANY the contractor in th.~ contract hereto annex<ed, as Pri_ncipa]., and COMMERCIAL STANDARD INSURANCE COMPANY as Surety, are he?.d and firmly bound unto the CI'T'Y Off' C;'L?LA VIST«, a municipal cor_por<~tion, located in San Diego County, California, i z: r_h~~ sari of ONE HUNDRED ENTY-FIVE THOUSAND AND N0~100 (,$ 125,000.00 ?, :lawful. money of the United States , for ~.hich paymen ~ , ~~~ell allci tru_1..~/ to he made , t~re bind ourselves j jointly and severalllr ~ f~ rml.y~ }rz, these ~..~ eserzts s Signed, sealed and dated APRIL 3, 1973 T}.e condition of the above obligation i~ than i~~ .,aid Prirc.i~~ai , as contractor in the contract hereto annexes , er hi ~-: or i.ts suh:-~,nt:actor, falls to pay for ~~ny T1atF'rlal, pr0~`]SiOnS, t7!"JVE:ndC?', 07' tE'aP.tS, L', ;E'C~ ln, upon, for_ or about the perform:.Ynce ct_ t},r<, werr;. coz?tracteci. to be cone by said contractor, namely , to f~zrni sh all tools , ccsi~l pment, aoparatlzs , fac.ili_ties, transportation, labor, dI1.CA ma.ter':t.<~i., O'`;~".~_'?~ t}1ar2 mate.-_lal , 1f any, a~~reed to be furnis}:ed by the City, necessary- ~-<:~ perfor,n ar.d campl.ete and to perform and complete in a good and wr,,-~~mar.l.wk.e manner, the wog}: of• . CANDLEWOOD SUBDIVISION in strict conformance Nitli the. terms and ccr.~~"tit- ions set forth in the con- tract hereto annexed, or f.ar any wo2.~}: or lab~~r done thc:recr. of a.ny Find, said Surety will pay the same ire an amount .~~.~ Pxcee.di~c~ the s~r.~~ herein- ' above set forth and also, in case suit i.s brc:arht. al~an ±:his bone, a reasonable attorney fee to be fixed by thr: ~:ou-r.ts. i'his bond shall inure to the benefit of any and, a~7.1 persons, comn~alli_es, al~:d corporations entitled to file c1_airzs under and }.y `Jirtue ~f the pro~-i s ions of a.n ar,t of the Legislature of the State of C:jiltOrn' c~ ent_i tl~d "inn P.ct '~o Secure the Payment of the Claims of Pt_rsol:s EI~:~irvc ~? }-,~, Con'~.ractc-ors uz~or. ?'ublic ' Works , and tree C1_aims of Persons ~~lho Furnish~ri Magri. als , Supplies , Teams, Ilrcplements or P-iachinery Used. or Cor.surr~ed b1r such Cor.trac'-.ors, in the Performance of Such Pdcres , and. 1'rc scrib n{r the Duties of Certain • Pub1_ic Officers ~•~itr: P.~~sx:oct Thereto , °' =;~Urc~~'E.d r~at~ li) , 1919 , a~ t::~.~ended; and the said Surety for value recei~~=er here}~~~, st.i.pu~_ates am agrees that n0 C}lange, extF_'I7Sl.On O~ t'.r:?F?, altEraLlGn Or raC;:lt'_1.0;:'i ttl t'1 (? tf'_'.`~T:iS Oi `.: r1 E: r eon t.~:~-~-t. or to the ti-ork tc,~ be r~~rfor~~eci ti~er~:,r.dc-.r; ;r_ t':1~ sti,ncifir..atic,n~- aCCC~~Tpanying t~,~: Same, sh~11 i.n ~i1y L~71SE ~iS{ _`Cf i i:.^_ _ .?l `;'t10nS On :;115 bond- end it does here~v ,~ e - ~: c`; r~. ,~ ai-,r noti.cc. of an;_ ~.c: _ :nc ., e~~ter~~ io~~ c;r ,: 'f.l•:`i~c;.,.,ee'1~~~'ratiOn Or aCailltJ.On t0 t1E' '~E'rmS ^i: thP_ CO:i~.2"aC~ Or t0 t~lE'. t+,'C?r}C or~~'to t1~e :specifications. . _ ~:; ~, .. r SF-Y~lT711('[~' ('ONS TR 1('~ OMP NY _ COMMERCIAL _ STANDARD INSUR~C~_COMPANY }~ ~ r ~ PRESIDENT W. W . BEIGE , A~TTORIVE~~~~T-FA.C,T , Con trac toz: ~.~ txr~, tv l+.P F ROV%', D AS TO FO?'. Pti•1-L. ~- 3 1 ~~~~/ Acknowledgment -Attorney in Fact ~ STATE OF CALIFORNIA SS } 2~U COUNTY OF ~~ ~1G~~'~ } On APR 3 ~9 ~ 3 , 19_, before me, Lncla Moore , a Notary Public in and for the said County and State, personally appeared y11. W. ljr=.~~~^~~ Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. z c~ .o ;w ~ J :~ ;o z ~ `1 U a 'z ;o .a :~ 0 a 0 U a U M I61 A IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ 11L Y~rtJ Y \ \ATn V1~/ Notary Public in and for said County and State State of California SS. County of San Diego On April 3, 1973 before me, the undersigned, a Notary Public in and for San DlegO County, California, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official dal. ~ ~~,~ J .~~2=ogee. (Seal) .., ..: ,- ., . . _. -- .~ i', ._ 1. ~. __, _~-~ - ivocary ~ca~ o. ~~E"'' ~, OFFICIAL SEAL .r, I ~'` LINDA MOORE ~ - NOTARY PUBLIC CAUfORN1A ~ ' ',~:~~~' •° ~+i~ros«~~ My Commis PRINCIPAL OFFICE IN SAN DIEGO COUNTY sion Expires Aug. 7, 1976 241 BOND FOR F~'~ITi-IFUL PER.FORP"'LANCE BOND N0. 118076 KNOW ALL I~",EN BY THESE PRESENTS, That I/We SHATTUCK CONSTRUCTION COMPANY Principal, and COMMERCIAL STANDARD INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of Chula Vista, State of California, in the sum of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 ~$ 125,000.00 )- lawful money of the United States, for the payment of which sum, ~~~ell and truly to be made, we b:ind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligat.ior_ is such that whereas said Principal (s} has-have entered into or is-are about to enter into the annexed contract s~;it1L tine City of Chula Vista, pursuant to the authority of an act of the legislature o.f the State of Califo~.-nia, approved P.oril .13 , 194 3 , kna4:n as the "Subdivision Asap A.ct" (Chapter 2 , Part 2 , Division 4, Business and Professions Code) a~~d any amendments tl-iereto, for the grading and surfacing of streets and the construction of curbs, sidewalks and gutters and sewers , and other in;prove~rnents , a_l_1 as shown on the improvement plans for CANDLEWOOD SUBDIVISION ~ehich improvement plans are on file in the office of the City Engineer of the City of Cl:ula Vista, and the payment therefor by Principal(s) and; whereas the Principal(s) is-are required by said City to give this bond in con- nection with the execution of said contract; NO[•7, THEREFORE, if said Principal, as Cartractor i.n the contract hereto annexed, shall faithfully perform each and a?1 of the conditions of said contract to be performed. by him, and shall .furnish all tools, equipment, apparat~xs, facilities, transportation, labor, and materials, other than material, if any, agreed to be furnished b_y the City, neces- sary to perform and complete and to perform and complete in a good. ar.d workmanlike manner the work of CANDLEWOOD SUBDIVISION in strict conformity V~ith the terms and cor~di.tior:s set forth in the con- tract hereto annexed, and shall pay oz„ cause to he paid, all persons who .perform labor for, or furnish materials to said contractor, or to any sub-contractor, in the execution o% said contract, the:i this obligation shall be null anti void - otherwise to remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no cizange, extension of time, alteration or addition to the terms of the contract ar to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations on this bong, and it does hereby waive r_otice of any such c~ange, extension of time, alteration or addition to the terms of the car tract or to the ~•:ark or t~~ th=~ specif_ ications . ~+ i SHAITI~''•~CONSTRUCT COMPANY COMMERCIAL STANDARD INSUk3ANGEi+~P~ANY ,~~ BY: t~ "- ~,`A PRES I DENT W. W. B R, ATTORNEY=SIN-FAC f ` ea ~~T~tractOr SUT.'ety ' '' f s HPPROVED AS TO FOP,T~~: i ' l': ~ tornev Pl+l-I.- 3 4 ~~o ~~ Acknowledgment -Attorney in Fact 2~2 STATE OF CALIFORNIA SS. COUNTY OF ~~ Diego ) APR 3 1973 Zinda Moore On 19_, before me, , a Notary Publ~c~ri~ap~~ said County and State, personally appeared yV ,Y U Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. M 16]-A Notary Public in and for said County and State State of California County of San Diego ~ SS. On April 3, 1973 before me the undersigned, a Notary Public in and for $an Diego County, California, r z w 0 w J O z Y J a z 0 a 0 a 0 personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official~agal. (Seal) . , ,_ ~ - _ a U IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1. A ~ Q t'w Y 1 \~.'~~~ ~.~~a~ Y ~~a, ~• ~'~~ LINDA MOORE ~~'~' - , _w ,_ -"' NC!TA~:Y FU3LIC CALIFORNIA ~ .'c~'r- P.^.i±dt!FAL OFFICE IN SA?I DIEGO COUNTY My Ccmmission Expires Aug. 7, 1976 . - 2~3 SU1:VI;Y 1~9OIQUi"I; I3~1' 11yS`1'hLl_,I~TION I_'sO2~d1~) BOND N0. 118078 1C14U[~7 1~L1, i~l!N PY 'i'11T;~~l I'lZl: ]~.N'1'S, 2'hat. I/VJc~ SHATTUCK CONSTRUCTION COMPANY COMMERCIAL STANDARD .___ ~;s the suhdi•~~icier ~:,nd I'rincil~al, ~~.nd t.he~,~URANC~. CO~~Y _~,________ a Corpc~i:atioi. o.f i:he State of TEXAS as Surety, are held and fii-r;,1.y hound unto the City of Chula Vista, a municix~al corgi>or~~t~ c.»., in the Cou;-~t~• of Sar, lli~go, State of Cali.forr~i_a, and to and for the }~en~~fit of any and all pc~r;ons ~ti~l;o n;ay suffer damage by reason of the breach of the conditions hc'reol:, in the penal. sum of SIX THOUSAND AND NO/100 ($_6,000._00 -__) lawful money of the tTnitcd SL-ates of to the said Ci-ty of Chula Vista. ~ti'HI,Ia',hS, tl;e said Principal is presently engaged certain lairds t_o be known as CANDLEWOOD City of Chula VisL-a, in accordance caith the Contract Improver-vents authorized by resolution 646 and I~;ner_ica, to he paid in subdividing subdivision in the for Completion of t•Y'IIEIZL;~S, the said Principal desires not to set durable monuments pr.ioz to the recordation of the final map of the subdivision and desires to qc~t :><~;me at a later date, rdOw•1, TFiE?;IF'OJ,,L;, the condition of the above obligation is that if the Principal shall. have set durable monuments of the survey by RAYMOND J. ` (nan;e of , BULTHUIS ~`, as per the final map of said subdivision, a copy of Engl. neer) which i.s 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~.on and acceptance of public improvements within said subdivision, - then the obligation shall be void, otherwise to remain in full force and effect. IN WITN;;;SS t9IiERI,OF, the said Principal and Surety have hereunto set. their Bands, this 3 Jday of~PRIL 19 73 ~. SH T ~. C T COMPA BY Principa~_}. f ., ,. T~PPROVI.1) 11S '!'O I~'ORr1: C~~tvt) , D ~~ ,~1 ' ~BERGE,.I~ ~~ttor:ncy-in-Fact ,~~~~~ t~ Acknowledgment -Attorney in Fact ~7 •.~ STATE OF CALIFORNIA ~ ~+~`~ COUNTY OF r SS. .,an D 'ego On PR , ~ 19_, before me, Linda T.~oore , a Notary Public in and for the said County and State, personally appeared W, tiV. BERGER Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. M IG] A IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State State of California ~= z w c~ c~ w J O z `L U z 0 0 n- 0 U a~ U County of San Diego 1 SS. On April 3. 1973 1 before me, the undersigned, a Notary Public in and for San Di ego County, California, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand a official s al. ~~~~ (Sealy --~~ ,' rvoiary aeai ..>,~,. Of,lrlAl SF.A.L I Y:~. f"; ...., :.l C>. ICE IN c ^ ~ 'r;0 COUNTY My Ccmrnission Expires Aug. 7, 1976 LO?~'D rOR ~~~.h1'Ei~I1'~I, A:'~T1? LAfiOR. $OyD NO. 118076 K~706~J IEEE PfEiv BY THESE PFLr~SI^ITS , That T/tive SHATTUCK CONSTRUCTI ON COMPANY s the contractor i. ii the contract hereto anne,~ec?, as Pr>.rc1F)al , and COMMERCIAL,STANDARD INSURANCE COMPANY as :surety, are hF.~ld and firmly bound unto the: CITY OF Ci;t??~A VISTA., a mur.:ir~ipa7_ corport~tion, located in San r~.iego County, California, ir. the ruin or` ONE HUNDRED TWENTY-FIVE TNOUSANO AND NO/100 (,~., 125,000.00 ) , 1~~~~fu] mone~,~ of tale United States, for. ~vhicll pal%merr.t, ,ac 1.? ;end tra.I~,~ to be .Wade, tine kind ourselves, jointly and. severally, f.irm.ly by these presents. Signed, seal}~d and dated APRIL 3, 1973 The conditi_or. of the a>7ove oblic,Gtion is }:hat i.f said F'rinc~i'c-.al, _iS COntraCtOr J n C}"'ie COil"tr~,Ct hc'ret0 r'-i;ln~':~{eC~, C;~r 111C E??" 1tS Sti1~Ci:?n~.:?'aCtOr, tas_ls to pay for any rlaterial, pra~ris?or.s, p~-ovcnder, or tE'aIRS, t:sed >_n, upon, for or about the performance oy Lhe w-~rlt contracted to be ce~n~~ by Sc11.C~ contractor, namely, to furnisr~ ail tools, equ_~.~?;'.o."zt, a~para+=.uS, fiaCllltleS, trarlSpOrtatlOn, labor, and ?~aterial, Oti":F_I" than ficzte~icJ.l, 1f any, agreed to be furnished by the City, necessary to perform and complete and to perform and complete in ayoaca and ~-~orki?ianlik~ rlanner, the worK of ; CANDLEWOOD SUBDIVISION in strict conformance with th~~ terms and conditions set forth in the con- ~.ract hereto anneXPd, or for any worl~ or labor dorie tht:..r.eon of a.r:y kl.r.d, said Surety t~~ill pay the same in ari amount not exceecir.~ the atli?l heroic.-- above sE~t forth and also, in case suit is I_~rcuGl-it uL.)or. phis hUn.d, a reasonable attorney fee to be fi:;ed by the courts. This bend shall inure to the benefit of any and a7_l. persons, companies, and corporatioi::~ enti.tl.ed to file claims ur.r~r~r and }-.y virtue of the previsions of_ arL act of the Legislature of the State of Cali forr~ia entitled "An A.ct `e secure the" Payment of the Cltirls of Persor?s r:~ip.loye% ~~y Ccitr~ctor-s upon '-'ublic L'YGr?~J, and the ~'~.c~.in1S Of I~E,~Y`.JGnil ~ti'}l0 _''~~Lrnl"sh~?:r? Mave~'"l~alS, SUp~~I_lE'S, Tean's , Im~le.~ients or P1ac}li.nery Used cr (~or.sum>c7 by sucr~ ,'ontracto s , l.i.i thE' PerrOrmanCC O~ SL1C11 ~''oriCS, aYlU P~"E?SCrlb7_nCi t'"le ~_>ut1E'.S Ot t~,erl:a~n r ~.,biic UfficE~r.. s ~~;ith Re ~:E~ct T}:ere moo, " =p;~ro~:cd T'Iay J_0 , 191 ~~s a^?er:caed; and t}lE S~31CI 511rEty for Vcluc' recel`v~e(7 I".C""F>>,`,;,~ S~1TJL11_aa.E'S and. aGL-P_E'S t~'lat n0 chaIlC~e, C:Y.tE'nSlon Gt tlil?', altc:'.ratOn :~i' aC~dJ_t1.0;1 tC: the tE?rI`tS Of t}1 E?. CCnt:r<ict Or tCJ the wOrl: t0 be perfOri'?~Cl t}"1F?rE?U:1C.er, Cir t}lC' SpE'C1~1C?.t~~_Ong aCCO:Cipc3il~'inCj t}1 C' Scl??le, S}"i:ll ~n an;' 4i1~'E? affect 1tS C}~'i.LC~.t.l_C~nS On th1S bone:-, alld It C.OcS hereJV :v;i.l.`/P_ I~.Ot.1Ce OI ai:y :~11C1i CL1~inC~C e~;tE'Ii 1C~?: Of tll^c', alt~erat_~OI. 01" addi.tl-On t0 t}"_E` terniS C' til? COitrrCt Or t0 tl"?e ~ti'Or')r or to the specifications. SFIATTUCK C0 S TION COMPANY COMt'[£RCIAL STAN DA£cL`_ I*dSURA13CE_~OMPANY -~ --; PRESIDENT W. W. BERtsE , ATTORNEY-IN-FACT AFYROVL,D hS TO FOB? G%' PW-F-34 1 7r2~ 8"~ Acknowledgment -Attorney in Fact M-16]-A STATE OF CALIFORNIA 1 SS. COUNTY OF iSa,n, Diego ) on APR 3 1973 , ~9_, before me, Linda Moore , a Notary PI.I~hli4,ip ArLdR~ERe said County and State, personally appeared YY YYVV ttiitt Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. IV Oiary J6d1 _ ^`,, OCFICIAL SEAL `-'~~ I ~ LINDA MOORE -c~°„~: ~ ~ _ NOTA2Y PUu~IC CALIFORNIA ~,~;, ~~' PRlNCIPAI OFFICE IN ,,,', ,~ SAN DIEGO COUNTY My Commission Expires Aug. 7, 1976 Notary Public in and for said County and State State of California County of SS. San Diego On April 3, 1973 before me, the undersigned, a Notary Public in and for San Diego County, California, z w V W J 0 z Y U z 0 Q 0 a 0 U personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official/peal. .' /'"- a U k30ND ~'C~? PrIA~i't~i,_I11L~ 11;~I~ LAI~~~R HOND NO. 11$076 KNOP7 ALL f~.Ei•1 BY THESE PPu~'SI_?:~ITS , That I,!?Ve- SHATTUCK _CONSTRUCTION_.CQMPA~t Y, the contractor in the contract ller:~ta anr.~:~::ed, as i?rincipal, and. .COMMERCIAL STAPl~A INSURANCE CO.MPA~Y as Su.r~~ty, are held and firmly bound unto the CITY OF C1II1~,P. VTSr'A, a munic~i~%a.l ~.orporation, located. iI: San lliego County, Calif ;.rrT_a ; lIl the sum of_ ONE HUNDRED TWENTY-FIVE THOUSAND ANO NO/I00 (a 125,000.00 ;, lawful monev of the United States, for which payment=, ~rel.l ~nc:~ truly to be mace, e,~e kind ourselves, jointly and sevE~rally, firmly f, R, these 1 x-esents. Signed, sealed and dated APRIL 3, 1973 The conciit-ior. of the above oblic~G.tio;~l i.s th<-.~t= i-= said Frinr.._pal., as contractor In tl"ie COntl"aCt r1F~rC.'tb a',1I'AeXeC~ , '.~" h1_:` Or 1t.t Sll}CCIlt':'aCt.Or. , :L~.l.LC; t0 pay fOr any matE?r1al, r~roV.1S10i13, 1~7.'OVeI"iC'E?r, Or teams, LzSC~C. ln, upon, for or about the perfe.rmance of the Yf;or}c contracted to be done by Sal( CGnLraC~=Or, i~aI^.f;•.ly, t0 i'~trni S17 cti~. tOG1S, eC~'.i:.p?~1E_'nt, ai~pc'L.'_'.c;t11S, facilities , trari~portation, labor, alzd material , other than mater ~_a.1 , if any, agreed to be. furnished by the City, necessary to perform a.r~d complete and to perform and complete in a good and wo_~kmar~ike manne.r., the wo:ck of- CANDI~EWOOD SUBDIVISION in strict conformance with the terms adld conc3i_tions set forth in the con- tract hereto annexed, or for any wor}: or labor done thcr~~on of a.ny kind, said Surety will ~~~ay the sar:~e in are aIr!ount rl~~t exceec?inq the su:~I herein- above scat forth and. also, in case suit: :is brought ur~or. this bond, u reasonable attorney .f..ee to be fixed by the courts. This bond shall inure to the benefit of a.ny and a.ll persons, comrani_es, ar+d cc~rporaticns. entitl_eci to f1.le c)_allris under and 1.`y vi"tuE_' of tree z~rov~slons of ar. rift Of the I,eglSlatL1Y':'- Of t}7 E' ~~tate O~ l,al:i fOrnla ~'ntlt~!_<"::t r~:~i7 t-`.CAL 1"C? :~eCl~2"'P_ the PclVment Of the C.!_a~m Of L~P_rSOnS F~?m_v`i CGvC_? b~J C'ontrc.Ct~r:= ti_UOIZ Pub11C' ~`.'OrkS alld tl"'ie Clcil_mS Uf PC_'rSOnS L~Tl:C1 )~L1I'r!1.S'C'~FC~ i°Fc.te3'ia1.S, .C~U.pT~~_1_C'S, Teams, Ilr~plemerlts Or T'iaCll_'._nE'ry Ti)St'_~; Or C'Oi`IS'.llT::'Ci 1;17 ~Ll^'li COntr~.Ct£=)YS, In the i'erfOri!lar:CO O~ SUCh *1~0?"kS, ~:nd ~rC.'SCrlbinr t1~E? ~Liti_eS Of Ct'rtaln Pub1~C Uf F1CCx':S ~altl. ~tE?SpC?Ct T11C_'rE'rC~ , ~ ?r"~I"(~"~'~"'d .l~~y 1i.' , 1.a1~ , ~tS a?:':Pnds?~1; aI;C~ the Bald SL1rE'ty for VaiUE? rece~`Ted 17P_rE?i~:~' s'~.lp'ai_at.e.~ and aC'i?"E~E'.S tl~iat nO O17uIlC`{(~, i?Xtf-'nS..On O~ t~.T'.'E?, a~'~.t_:'":3t3.t:I~ O1' ~CG.'~1iiO:"1 '-C-) t11C? tP_rT".:> ~~i i'1-TC~ COnt.i:3~.'t. Or t0 th° Tn'Or}: t0 be' ~ErfO'rme~< L}1PCf_",'t~C!.F-?'~ , 02" t'le S~E~'C1_'' ~C<.1.-1C'.il:~ acccrl~anying thr same, ;hill ~n any ~.?i_sC~ affC~ct its ebli.aations ep ti;is born%-,~ and It CXC:(?S YlereC~`J ~::%a1Ve nOt.C~.', O~ aTl`~' ~;;iC'7 Ct?a.r'.C:^S, EXtEl"1S i0. Oi tl?:'tE', alteration O:" c?uditl_On tJ tl'i.''_ tC'Y'IRS '?~ t'?:~ CO'2t1::C't Or t0 tll.e WOrk or to the specifications. SHATTUCK CONS TRUCTIO~COMPANY- ~ r0*."*T'rar•jr,*. ^'1!,dr-~r.~i, I<3^L~PAy7CE COAiPAN.Y r+1. TY . Y31I~Gh"~t, ATT R:^1EY-IN-FACT Co n t. r a c to r _.__.___-_-- ------__ _.._~.._ ___,____.__,~ u r e t ~~~ -- ----- ~PPRO~?i?D AS TO FC)i' PW-E-34 ~~ k~ ~ Acknowledgment -Attorney in Fact -> ,J J '> t r L r STATE OF CALIFORNIA COUNTY OF ~$~ DegQl ss. On APR 3 1~i?~J , 19_, before me, Q11?1Cla, MOOre , a Notary Public in and for the said County and State, personally appeared W. W. BERGER Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. M IG]-A IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State state of California County of San Diego SS. On April 3, 1973 before me, the undersigned, a Notary Public in and for San Diego County, California, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official seaf~ ~~~~ (Seal) n _ - . _ _ ~ \. ~.,,,,a, y ~~a, °.:;\ w OFFICIAL SEAL ';~: ~ ~ LINDA MOORE : ~,,: . '. N07ARY PUBLIC CAUPORNIA ,~? ~'~nva~~~ My Commis PRINCIPAL OFFICE IN SAN DIEGO COUNTY sion Expires Aug, 7, 1976 BOND FOR I~'AITIIFUL PERFOP.i•1AidCE BOND N0. 118076 KNOI~ ALL I~.EN I3Y 'T'HESE PRESENTS , That I/We SHATTUCK CONSTRUCTION COMPANY Principal, and COMMERCIAL STANDARD INSURANCE COMPANY, as Surety, are held and firmly- bound unto the City of_ Chula Vista, State of California, in the sum of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 ~$ 125000.00 ), lawful money of the United States, for the payment of which sum, ~~ell and. truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligati.or. is such that whereas said Principal(s) has-have entered into or is--are about to enter into the annexed contract wit the City of Chula Vista, k~ursuant to t},p a.uthority of an act of the legislature of the S-fate of California, approved. Argil ].3, 1943, known as the "Su'radivisi_on A''ap Act" (Chapter 2, Part 2, Division 4, Business and Professions Code) and any arnendmc~nts thereto, far the grading arad surfacing of streets and the construction of curbs, sidewalks and gutters and sewers, and other improvements, all as shown on the improvement plans for CANDLEWOOD SUBDIVISION which improve~ent pla..s are on file in the office of the City Engineer of the City of C}.ula Vista, and the payment th~.refo.r by Frinci.pal(s) ar,d; ~•~hereas the Principal (s} i~-are required. b~= said City to ai.ve this bond in con- nection with the execution of said contract; NOI~J, THEREFORE, if said Principal, as Contractor in the contract hereto annexed, shall faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tco]_s, ec7uipmen.t, apparatus, facilities, transportation, labor, and materials, other than material, if any, agreed to be furnished by the City, neces- sary to perform and complete and to ~~erform and complete in a good ar.d workmanlike manner the work of CANDLEWOOD SUBDIVISLON in strict conformity with the terms and conditions set forth ir_ the con- tract hereto anne._ed., and shall pay or cause to be paid, all persons who pe.~-form ]_abor for, or furnish materials to said contractor., or to any sub-contractor.., in the execution of said contract, than this ohl.ic~ation shall bo nu]_1 and void - otherwise to remain ~_n fu:13 force and c.f_fect; and the Surety, for value received, hereby stipulates anal agrees 'ghat no chango, extension of time, alteration or addition to the terms of the contract or to the ~•~orl~, to be performed thereunder, or the specifications accc~mpanyi_ng the same, shall. in any wise affect its obligations on this bone, and it does hereby waive r_otice of any such change, extension of time, alteration or Gddition to the terms of th.e contract or to {~.he r;~ork or t~~ the pecif_ ications . SHATTUCK CONSTRU ION COMPANY BY PRESIDENT Contractor APPI:Oi%L'D t~j TO FOP.~~`: Ci~- ~tt_ornt~~- Pty:-E- 34 ~OP~Inn'RCIfiI, ST~?~II~AR-n I"1. iTRANC~C4MPANY ~nl. t~T. IIERU`E , ATTORNEY-I21-•FACT Suret.v ~'~vg~/ Acknowledgment -Attorney in Fact M-16 ]-A On APR 3 1973 , 19_, before me, R'l~da Moore -~ a Notary Publ44,:n,~}n$~~I~said County and State, personally appeared YYYY VVYY Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. STATE OF CALIFORNIA ~ SS. COUNTY OF San Diego IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,,. 5~.~„J ~ A-es~ Notary Public in and for said County and State State of California San Diego SS. County of On April 3, 1973 before me, the undersigned, a Notary Public in and for San Dlego County, California, personally appeared J z Y J Q z o' 0 rL o: 0 U known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand ~i officia~eal. ~~ U Notary J~a~ °' OFFICIAL SEAL "~~, LINDA PJIOORE ~r,,~d - ~' NOTA^.Y FUCLIC CAL~PORNIA _ 4.,, .-.•r.""-- ~ P^:-i•;CIFAL OFFICE IN .~r - _ ~ ~ ., , ~,~-. ~ ~,I E'._~C7 COUNTY My Car.: ~i~ sion [rpir~s Aug. 7, 1976 BOND I^,OR F'AITIIFUL PERFOF2r'lANCE ~3pp~P j,JO. 118Q76 KILO[^7 ALL P•:EN BY THESE PRESENTS , That I j We SHATTUCK CONSTRUCTION COMPANY Principal, anc1~±ONLMt?RCTAL ST NDARD TTvStt AN(^x' rn~;FANY ~ as Surety, are held and firmly= bound unto the City of Chula Vista, State of California, in the sum of ONE HUNDRED TWENTY-FIVE THOUSAND AND NOf100 ($ 125,000.00 ), lawful money o~ the United States, f_or the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation. is such that whereas said Principal(s) h.as-have entered into or is-are about to enter into the annexed contract .with the City of Chula Vista, purserant to the authority of an act. of the legislature cf the State of California, approved I~.pril 13, 1943, known as the "Subdivision N'_wp r~.ct" (Chapter 2, Part 2, Di~,rision 4, Business ana Professions Code) and any amendrr.ent.s tho_reto, f:ar the grading arfd surfacing of streets ar:d the construction of curbs, s~.deu,~alks and gutters and sewers, and other improvements, all as shown on. the improvement plans for CANDLEWOOD SUBDIVISION _ _, which improver^.ent plans are~on file in the office of the City Engine~_r of the City of Chula Vista, and the tiayment th~.refar bar Principal(s) and; whereas the Principal (s} is-are required by said City to crive this bond in con- nection with the execution of said contract; J NO[~J, THEREFOP.E, if said Princi._i~a1, as rantractc~r in the contract hereto annexed, shall faithfully perform each .nd ail of the conditions of said contract to be performed by him, and shall_ furnish all tools, equipment, apparatus, facilities, transportation, labor, and materials, other than material, if any, agreed to be furnished by the City, Neces- sary to perform and complete ar_d to perform and complete in a good and workmanlike manner the work of CANDL.EUtOOD StigDIVI~jON in strict conformity with the terms and conditions set forth in the con- tract hereto annexed, and shall pay o.r cause to be paid, a1.1. persor..s who perform labor far, or furnish materials to said canrractor, or to anv sub-contractor, in the execution of said contract, then this obligation sha]_1 be null and void - otrierw~..se to remain '.n full force ~.nd of-Feet. and the Surety, for value received, her~aby stipulates and agrees that na change, extension of tir;;e, a.lteiatior. or addition to the terms of_ the contract cr to the ~~~ork to be performed thereunder, or the specifications accc~nipanying the same, shall in any wise affect its obligations on this bane'., and it does ~~ereby waive r_atice of any such ci~ange, extension of time, alteration. or addition to the terms of the cantract or to the ~~.'ork or t•~ thc.~ specifications SHATTUCK CON5TRUCT ON COMPANY 8Y: - PRESIDENT NL~t~:RCIF.L S'1'~'~ti~AR17 II.7SU~N~E.~(}iKppI,IY --- I -~ ICY : ~~~'~~~ ~`~~"~ , `+'~. [~1. 3FI2G~ ATTOI?i3~:Y-IN-FACT Contractor t?.PPROVZ;D AS TO FO%I~?: C]_ t 1lttorn~~~- ~~ P[~;-E-34 Surety ~~ 8~~/ Acknowledgment -Attorney in Fact STATE OF CALIFORNIA ~ SS. COUNTY OF ;$an Diego _ APR 3 1973 , 19_, before me, LGinaa Ploore , On y y eared a Notary Public in and for the said Count and owneto m to be the person whose name is subscribed to the W. W. BERBER within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. J ~~ z >: L r IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ll~ IH'A'~sL~ ni,.+-, .., o„tiu,- ~., ~., .~ f~,r ca~r1 r.-.::.. _ and State state of California County of San Diego Ss. On April 3, 1973 before me, the undersigned, a Notary Public in and for San Diego County, California, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand official al. //ii ~~~~,,~ ~'e~ (Seal, ~. :~ ~, _ - - ..~, ~~ Notary Seal ~'o..r f ~~ OFFICIAL SEAL ~~' >s, LINDA MOORE ~ `~" ~f ~:y NOTARY PUBLIC CALIFORNIA ;~,~Mi j'~ PRWCIPAI OFFICE IN " - ~ SAN DIEGO COUNTY ~Commission Expires Aug. 7, 1976 My IUI:VI?Y 1`]OivlII~1I;NT INSTi1]~l_~11TL(~N 13ONll BOND NO. 118078 K1vOlJ 111.1:, T~]JIJ L~1 `-1'IIT;S}> 1'}a;:;11~1'1'S, That: I/6~7o 5HATTUCK CON5TRUCTION COMPANY COMMERCIAL STAIJDARD as t}ie :,ubdi.~Ta.<Ier and I'rinci_pa1, and i.hc INSURANCE COr'tP~17Y a Corporation of~ the Stag of TEXAS as Surety, ar.~e held ai~c? firmly bound unto tlic City of Cl~aula Vista, a municipal cornoration, in the Count~~ of San Diego, State of California, and to ~~nd f_or thc~ }~~c~nefi.t. of any avid all persons who may• suffer damage by mason of the bre~:ich of the conditions hereof, in the penal sum of SIX THOUSAND AND NO/100 ~~ 6,000.00 ) la~~af_ul money of the United Stages of T~merica, to }:~e paid to the s~iic3 City of Chula Vista. WII},I~1~.115, the said Pri-nc,ipal is presently engaged in subdividing certain 1_ands to be known as CANDLEWOOD subdivision in the City of Chula Visi.a, in accordance with the Contract for Completion of Improverlents authorized-by resolution 6463 and WHL'IZE11S, the said Principal desires not to set durable monuments pr.:~or to the recordation of the final map of the subdivision and desires to get same at a later date, r7O~l, TH.~RLFOl;E, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by RAYMOND J. BULTHUIS ~ nan;e of as per the final map of said subdivision, a copy of Engineer) which i_s on file with the City Engineer of the City of Chula Vista, refer-- epee to t•:hich 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 completion and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. II~T l~1ITNESS WIILFZI~OF, the said Principal and Surety have hereunto set ttleir tlancis, tt~ 11I'PRO`.'1;1~ 11S TO Li t} ~'1t-tt~r .y- - ~CL~ ~~ Acknowledgment -Attorney in Fact STATE OF CALIFORNIA ~ SS. COUNTY OF Sari ~1C~C Linda Moore APR 3 1973 , 19., before me, ' On y eared a Notary Public in and for the said County and owneto me to be the person whose name is subscribed to the W ``~ ~i:2GFR within instrument, as the Atto he subsea beditheOnameRofl COMMERDC ALDSTANDARD EN SOUR NCE and acKnowledged to me that COMPANY thereto as principal and his own name as Attorney-in-Fact. M-16]-A IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State i L L C L Notary Seal Q,y o. pF'r!_f.lAl SERI LINDA MOORE ,~ ~ c••~ ~+~.^O COUNTY ~- ' fires Aug. 7, 1976 ",y Cor.:~i~sion Exp ___ _ State of California ~ SS. County of San Diego April 3, 1973 On before me, the undersigned, a Notary Public in and San DieEO .County, California, for personally appeared President, and known to me to be the Secretary of known to me to be the the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand nffpicial s I. ~ ~/~ .~C~~ (Seal) - .. -1 -~ ~. ..~ _ SUi:VI:~' P~9ONl1r,7}NT II`~dS`.I'r~1LL~T~TION BOND BOND ~JO. 11$07$ xN~~~a r,Tt.~_, r>>,r~ ~~~~ ~'n~~~.s~s >>I:}~~,s„rv~~rs, That: I/ti~~~ SHATTUCK CONSTRUCTION COMPANY COMMERCIAL STANDARD as the su}.ac,i~~icicr ~~.nc7 Pri.ncil?~z1, and the ~T*1SURAtI .F_,.~,*~~Y ~_ a Cor}~ol:a-Mora of t:hc State of~ TEXAS as Surety, are held anti firmly bowzcl unto the City of Chula Vista, a municipal cori.>or~ation, in the Couni=y ca f: Sarr Diega, State of California, and to anc~ for the }_~enef.i t: of arly and all pcar_,ons who may suffer damage key z-eason of the hl:each of the conc]itions hereof, i_n tkle penal sum of SIX THOUSAND AND ~aO/100 ~ (,~ d, 000.00 ~~___~_ ) la~~ful money of the United States of 7~merica, to be paid _~ to the said City of_ Chula Vista. Y~YFILItL~?S, the said Principal is presently engaged in subdividing certain lands to be )mown as CANDLEWOOD subdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improverlents authorized by resolution 6463 and L9HE~2EAS, 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, r.OG'7, TI:HRI~'OI;i;, the condition of the above obligation is that if the Principal s}call have set durable monuments of the survey by RAYMOND J. E3ULTHUIS narze of~ ^__ as per the final map of said subdivision, a copy of_ Fn : i neer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to ~•:hich 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 completion and acceptance of public improvements ~•aithin said subdivision, then the obli~~atioli shall be void, otherwise to remain in full force and effect. iN [vITLSS ~ti]iERrOF, the said Principal and Surety have hereunto set their }:ands, t.lzis 3 day of APRI 19 73 UCT t o OMPAPdY PRESIDEt~RPrincipa) ) 11PP}~OVi;I) ~'1S TO I•'URiI: // COMMERC v ..---, Q Y v, G' Ci ty int. i. ca ~y AL STANDARD IiJSURANCE COMP~NNrety) RGER;, ht#.tol~ney-in-Fact 1'f,'--1~,- :3.1 ~~ ~~. l Acknowledgment -Attorney in Fact M-16 ]-A STATE OF CALIFORNIA ~ SS. COUNTY OF sa.11 D18g0 7 APR 3 19' , 19_, before me, Llrida M(1C1rP , On a Notary Public in and for the said County and State, personally appeared W ~"J LERGER Known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE COMPANY and acKnowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY thereto as principal and his own name as Attorney-in-Fact. IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State z J i 7 Y 7 L Y Notary Jeai «~,.~~,,, 4 ^s~s OFFICIAL SEAL LII"dDA MOORE . NO*„^'f PU3LIC CALIFORNIA \, - {'; !P~CI?AL OFFICE IN g,~^! nIE~~~ COUNTY ission Expires Aug. 7, 1976 h1y Comm State of California ~ SS. County of San Diego on April 3, 1973 before me, the undersigned, a Notary Public in and for San Di eoo County, California, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand d official deal. .. ~// ,~CS:x~"' (S.e~hl . _ , a~ _._ .-~ Form No. 352 Rev. 11-67 RESOLUTION N0. 6831 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN CANDLEWOOD 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, SHATTUCK CONSTRUCTION COMPANY, a corporation, dated the 24th day of April 19 73 , for the completion of improvements in that certain subdivision known as CANDLEWOOD 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 to form by ~ -, Lane F. Cole, Direct r o eorg n erg, i ~'~ y orneCi' Public Works ADOPTED AND APPROVED by the CLTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 24th , day of April , 19 73 , by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ~'~ y Mayor of the City of Chula Vista ATTEST ( lL>1 ~~,/ ._ ~,~~~~Gtl= City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ ~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk