HomeMy WebLinkAboutReso 1972-6358` ~ Form No. 352
Rev. 11-67
RESOLUTION NO. 6358
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
BRANDYWINE SUBDIVISION, UNIT N0.2
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, AVCO COMMUNITY DEVELOPERS, INC.
dated the 23rd day of February 1972 , for the completion
of improvements in that certain subdivision known as Brandywine,
Unit No. 2,
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
i / , ~ ~'1~~~/~ ~`% vim'"%
,{
Lane F. Cole, Director of George Lindberg, City Attorney
Public Works
ADOPTED AND APPROVED by the .CLTY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 23rd , day of February , 1972 , by the
following vote, to-wit:
AYES: Councilmen EQdahl, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen Scott _
;~ r /
,_ ~ ~ %,
' ~ Mayor of the City of Chul Vista
~. .
ATTEST ~~~72' ~~ ~-~.~.d.~~''
~, 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amended or repealed.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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of
~~ , 19~, by and between THE CITY OF CHULA VISTA, a
municipa corporation, hereinafter called "City", and AVCO COMMUNITY
DEVELOPERS, INC., 7730 Herschel, Suite B, La Jolla, California 92037,
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 BRANDYWINE,
UNIT NO. 2, pursuant to the provisions of the Subdivision Map
Act of the State of California, and in compliance with the provisions
of Chapter 28 of the Chula Vista City Code relating to the filing,
approval and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed 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 Subdivider's own expense, all of the
public improvements and/or land development work required in said sub-
division within a definite period of time prescribed by said Council,
and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into this
agreement wherein it is provided that Subdivider will install and com-
plete, at Subdivider's own expense, all the public improvement work
required by City in connection with the proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney,
and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as con-
tained in Resolution No. 6094, approved on the 22nd day of June,
1971, 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. 72-9D through 72-12D and 72-15D through 72-35D,
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 THREE HUNDRED FORTY
NINE THOUSAND, EIGHT HUNDRED FIFTEEN DOLLARS ($349,815.00), 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, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. Subdivider agrees to comply with all of the requirements
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
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approval of the Director of Public Works, 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 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 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 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 has 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 provisions of the ordinances of the City of Chula
Vista, and the laws of the State of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of ONE HUNDRED FORTY SIX
THOUSAND, FIVE HUNDRED SEVENTY DOLLARS ($146,570.00), 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 to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of ONE HUNDRED FORTY SIX
THOUSAND, FIVE HUNDRED SEVENTY DOLLARS ($146,570.00), to secure the
payment of material and labor in connection with the installation of
said public improvements, which security is attached hereto, marked
"Exhibit C" 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 THREE THOUSAND, THREE
HUNDRED DOLLARS ($3,300.00), to secure the installation of monuments,
which security is attached hereto, marked "Exhibit D" and made a part hereof.
9. It is further agreed that if the public improvements are
not completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
public improvements within said subdivision in accordance with the
specifications contained herein. 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 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.
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10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any department,
board or officer thereof, be liable for any portion of the costs and
expenses of the work aforesaid, nor shall any officer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the limits established by
the approved improvement security in accordance with the requirements
of the State Subdivision Map Act and the provisions of Chapter 28 of
the Chula Vista City Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in connection
with the approval of the improvement plans and installation of public
improvements hereinabove provided for, and the cost of street signs and
street trees as required by City and approved by the Director of Public
Works 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 City as set forth hereinabove.
13. It is understood and agreed that City, or any officer or
employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Subdivider, its agents
or employees, in the performance of this agreement. Subdivider further
agrees to protect and hold harmless City, its officers and employees,
from any and all claims, demands, causes of action, liability or loss
of any sort, because of or arising out of acts or omissions of Subdivider,
its agents or employees, in the performance of this agreement; provided,
however, that the approved improvement security shall not be required
to cover the provisions of this paragraph. Said indemnification and
agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a con-
sequence of the diversion of waters in the construction and maintenance
of drainage systems and shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall 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 ,,the City of Chula Vista
,; ,
City{ Clerk ,°~
Approved as to,.~\rm by
City Attorney
SUBDIVIDER: AVCO COMMUNITY DEVELOPERS, INC.
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~M,~r~e~-~Schneide~,, / tant V~.ce j'resident
~.
Robert E. Bourgeoi Assistant Secretary
Attach Notary Acknowledgment here.
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TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Dieeo ~ SS.
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On February 22, 1972
before me, the undersigned, a Notary Public in and for said
State, personally appeared Morton M. Schneider
known to me co be the Assistant Vice Robert E. Bourgeois '
Assistant President, and
known to me to be .Secretary of the corporation that executed the within Instrument,
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 corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature -* w~ rf $"'.~
G yle T. Lea
Name (Typed or Printed)
(This area for official notarial seal)
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LIST OF EXHIBITS
Exhibit "A" Estimate of Cost of Monuments
Exhibit "B" Improvement Security - Faithful Performance:
Form:
Amount:
Exhibit "C" Improvement Security - Material and Labor:
Form:
Amount:
Exhibit "D" Improvement Security - Monuments:
Form:
Amount:
~`
Securities approved as to form and amount by
City Attorney
Improvement Completion Date:
L~ ,C7 Yt~//N~ U~'/ ~' ND.
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~~~ EfVGINEERING COfl~6'ANY I A~o~~~~~°~~~~EERS
5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110
T E L E P H O N E A R E A C O D E 7 1 4 2 9 1- 0 7 0 7
February 15, 1972
City of Chula Vista
City Administration Building
4th and "F" Street
Chula Vista, California
Attention: Subdivision Control Engineer
RE: BRANDYWINE UNIT #2
Dear Sir:
In compliance with the amendment to Sections 11566 and
11592 of the State Business and Professional Code re-
quiring the Subdivider to furnish to the City a bond
guarantying payment of cost of setting final monuments;
and your requirements for the surveyou.r or engineer
signing the subdivision map to furnish an estimate of
cost for setting said monuments, I hereby estimate the cost
for setting the final monuments on subject subdivision
to be $3,300.00
Sincerely,
William B. R' k ~ ~
R.C.E. 941
Engineer of Work
WBR:Ia
_~ ~' ./ ,,rte,
The Mills Company Bond No. SC-5147282(1)
' 1228 One Main Place
Dallas, Texas 75250 Premium $33.00 •
~'`u~)';•~ =~7,T~ 1 ' "'~ r~`~ ~i'i~T' ~%; ~:~';:;. i?~i';= ~ `~'1]c:}~:. i~~,^ E' AVCO COMMUNITY DEVELOPERS, INC.
c;.:> t1AF~ 3i.i;~d.i.L-i_d~':r u1?t~ i'':1[:Ci-i1 :L, c:i"!t;1 tt]e THE AMERICAN INSURANCE COMPANY
~. !~'._.r~~vrat.:~_on o~ ~.?:' .~~~<.~%~~ :~f NEW JERSEY
~~, as urety, =are
:t^1C: .'12id ~1rI11.~' i~CJ',).'J`.(:% .into tl`~'. Clty Gf C:2u~.~3 ~i1St~, 2 IilL:Ii1C1X7~~1 COr'~~Or'atlO:i,
.lri tfi^ COLlY?ty Cs*= ~ci7 D1E.~=O, ~t<_~-. £. Of C_t1.lfOri?la, a~1d tC~ and Or ',=~1;? ~~encfit
of. any and a'. ]_ persons ~:ho may si,f~=er dan]~ge b~- reason of the ,~rea.ch of
trio condif~i.ons ~]ex~eof, i.n t'.]e penal sure of THREE THOUSAND THREE HUNDRED
($ -^3,300.00~~) 7..a,,,ful mancy ct the Ul?ited States of A~~eric~~, to he paid.
to the said City of Chula Vista..
P:~iEPu ?1S , the said Pri_r,::i.pa_1 is presently ongage:a in subd.i_vidi ng
certain lards to be l~:nowi~ as BRANDYWINE UNIT N0. 2 subdivis i_or. i.. r. ~.he.
City of Chula. Virtu, ir] accor:~ar_ce ~~~ith the Ccritract for Coznt~_lction of
?mprovemenL-s au.thori_zed ~]y resolution
and
+~iF'tZi'~i'iS, the. S~iC1 Fr1n;~1pL?.l deSlreS not t0 SGt C~.uY'ak'ilC :~IOnl.ii!F_'i7tS
YrlOr t0 t'".E' recor.c<<1t=~_GS2 of ttile fli?al iC!~rJ Of the 3U~d1~i.S1on and C1E51?_'C3
to ge.t runt, a~. ~ lager d.~.~~~
P3GY~~, ~i'HF,~~~FC)I-tE;, t.iie c::r_dition of the a~~~ove obl i.gaticr_ is that if the
Principal shall have sot dur_uble mon~aments of the survey by _
(name o
_~, ,~s per, the final map of said subdivision, a copy of
Engi_nee~-)
~ahi_ch is on fi?.e with the City Engineer of the City of Chula Vista, refe~-
ence to ~rrhich said map is her~:bv made and same i_s incorporated herein as
though hEr.;~ sot fortl:~. in full, and according to the ordinances cf the
City of Chu~.a Vi. to in force ar~d effect at the time of giving of t~ is bond.,
on or before the expiration of thirty (30) consecuti~~~e days foll.o::~inc
•completion and accep7~ance of public improvements within said. subdi.vi sion,
then the obli_ga{~ion :mall be void, otherwise to remain in full force and
effect.
rIQ ~~TI.TPJESS 6•~riE~EO~', thv said Principal and Surety have hereunto set
their hands, this 16th day of FEBRUARY ~ lg 72
_ AVCO T VELOPERS INC. (Prir:ci.na~_)
APPROVED AS
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City Ai~!orz:ey ____
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THE AMERIC ~ S CE COMPANY
SURETYL_
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P;ti~-L:-34 ry H. J. Shaw Attorney-fin-Fact
~~ ~ 7~~~=
State of California
County of San Dieg~ ss:
On February 16, 1972 ,before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Jerry H. J. Shaw
known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my ktand and affixed my official seal, the day and year stated in this certificate above.
,~,^ BRISTOL W. MASLIN r ~,~ ~'
My Commission Expir r
`'!"~ ~`~ : ~ Notary Public
Principal Office, San Diego Co. Calif. ~
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360272-6-66 ~ My Commission Expires March 28, 1975 ^;
^ ^ / ^ ^ / \ ^ Y Y C / 1 / MA• ^ / ^ / / / / / ^ / ^ \ /~
~ / / / / / \ / \ ^ f # ^ ~~ R ^ / / / / / ^ \ \ ^ ^ 1 •
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego } SS.
On February 16, 1972 before me, the undersigned, a Notary Public in and for said
State, personally appeared JOhnF. Shoemaker
w known to me to be the ViC~'--- President, and B. BaYry MCCOIri1C
~ '
m known to me to be .Secretary of the corporation that executed the within Instrument,
x known to me to be the persons who executed the within
~ Instrument on behalf of the corporation therein named, and
a acknowledged to me that such corporation executed the within
~ instrument pursuant to its by-laws or a resolution of its board ~ " ~=~~ = ~ c-_-- - ~~_
of directors. `-'~ a Oi~ FICIAL SEAL
~ TERRY
WITNESS my hand~rynd official seal. 1~~9 A. NAVE
/ ~r~ ~~~~ NOTARY PUBLIC-CALIFORNIA
~~ ~~~~~~ SCAN DIEGO COUNTY
Signa - +-. t `~ ~ _ c' /~ l r T ..~ `~~oa ~.> N1yCommission Expires Sept.16, I972
Terry A. Nave ~~ ~' y~"~"""-~~
Name (Typed or Printed)
(This area for official notarial seal)
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GENIERAL ~ .
POWER OF'
ATTORNEY ~E AIVIERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made,
constituted and appointed, and does by these presents make, constitute and appoint JERRY H. J. :iJi1~W - - - - -
its true and lawful Attorney(s)-in-Fact, with full 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 obliga-
tions in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY
adopted on the 7th day of May, 1963, and now in full force and effect.
"Article VIII, Appointment and Authority of Resident Assistant Secretaries, and Attorneys-in-Fact and Agents to accept Legal Process and Make
Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board
of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of
the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or
by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said
Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and
the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on
any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.'
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its
corporate seal to be hereunto affixed this~~hday of June ]g 69 .
~,'''~`~--..~. THE AM ICAN INSURANCE COMPANY
.,~ r
:~.. :
~~'~.
~~N~ f,. By
' S. D. MENI T, Vice-President
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
On this { ?t;l~day of June 19 69 ,before me personally carpe S. D. MENIST, to me known, who,
being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of s¢tid Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written
~~YwY~M/NYM wNpNMN~N W //U ~wNNOMON~~
~ ETHEL L WATKINS
~ aoTARr vu~K - cwFOiwu
cmr wNO couNnr of
s~ Cusco
O~~
ETHEL L. WATKINS, Notary Public
My commission expires March 2, 1971.
CERTIFICATE
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
I, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that
Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City and County of San Francisco. Dated the 16 day of February 19 72 .
.'~`~
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360257 (HO) (TA) - 5-67 WINIFRED H.'BROWNE, Assistant Secretary t~~J~ „~ ^~
The Mills Company tsonu tvu.-
~ 1228 One Main Plaee '
. ~ Dallas, Texas 75250 • ~mium Included
~ BUNll I''O?: I•LI1`J.'iI:~C11li~ Ill~'1~~ 1.,71110}~ '
Y,1~OL•7 11L1~~ ^^.Li•d t>`.7 `!'i:"rl.; I'RTsS1.C;`I'S, That t/1,v'i~ AVCO COMMUNITY DEVELOPERS, INC.
the COntrilC'tOl.' 1n thC~cortt.ract hCrcto anrie.ied, as J~riiZC].I")al, c'inC~
THE AMERICAN INSURANCE COMPANY , as Suret
--.-._.~_ ___._..___.__._...._~_ _, y, are heiti
and firmly bou;:d unto th~^ CITY Or CIiU_~A VISTA, a municipal. corporation,
located in San Diego Co?:ritti , California, in the sum of ONE HUNDRED FORTY SIX
~$QjZSAI~l~_~IVE HUNDRED SEVENTY _ ~($ 146,570.00 ) , lawfu3 money of
the United States, fo.t. ~•:hich payment, well a.nd truly to be made, ?°e hi nr'.
oursel~•es, jointly and severally, firmly by these presents.
Signed, sealed and dated 16th Day of February, 1972
The condition cf t_he above obligation is that if said Princ~.pal,
as contractor in the contract hereto annexed, or his or its suhcontrac'~cr.
faiJ_s to pay fcr any material, provisions, provender, or teams, uses in,
upon, for or_ aaout the performance of the work contracted to be done h~~
said contractor, na~ne]_y, to furnish all tools, equipment, apparatus,
facilities, transportation, labor, and material, other than material, it
any, agreed to bo furnished by the City, necessary to perform and c;~r.~.nie~_
and to perform and complete in a good and workmanlike manner, t}:` ~•~o~•:~ ~o-
•
.\
in strict conforri?ar~ce ;:ith the terns ar?d conditions set forth in the ce~-
tract hereto annexed, or for any ~;•~ork or labor done thereon of arty king ,
said Surety will pay the same in an amount not exceeding the sum here_ir-
above set forth and also, in case suit is brought upon this bond, a
reasonable attorney fee to be fixed by the courts. This bond shall ~nt?_'c
to the benefit of a.ry and all persons, companies, and corporations
entitled to file claims under and by virtue of the provisions of an act
of the Legislature of the State of Calirorrria entitled "An Act to Sesur='
the Payment of the Clai:,s of Persons Employed by Contractors upon Lublic
Works, and the Claims cf Persons who Furnished Dlaterials, Supplies,
Tean?s, Implements or ~-Iachinery Used or Consumed by such Contractors, in
the Performance of Such Plorks, and Prescribing the Duties of Certain
Public Officers with Respect ,Thereto," approved P4ay 10, 1919, as ar?er.r~~;:;
and the said St?rety for value received hereby stipulates and agree~~ tha'_
no change, extension of time, alteration or addition to the terms ~~f t'r_e
contract or~tc the c~~ork to be performed thereunder, or the specific?tic•~_~
accompanying the same, shall in any wise affect its obligations or. this
'bond, and it does hereby waive notice of any such changes, extension o`
time, alteratior_ or addition to the terms of the contract or to the ?•;cr.~:
or to the specifications.
AVCO D yELOPERS, INC.
---?~~
~,~r 'l'am :~~~~ ~~`-~'"'",t-~-~,,
~ •PRINCIPAL
APPRO`'ED AS TQ--1;0~: ^
~~,
,, ~,~ ~' ~
_ '
PW-r-3~!
THE AMERICAN INSURANCE
r---
Surety
in-Fact
'r
~~l / ~ 1 y'
...~ -
TO 449 C O
(Corporation )
STATE OF CALIFORNIA
San Diego } S5•
COUNTY OF
February 16, 1972
On before me, the undersigned, a Notary Public in and for said
State, personally appeared JOhri F . Shoemaker
m known to me to be the UlCe- president, and B• Barry MCCom1C ,
w known to me to be .Secretary of the corporation that executed the within Instrument,
~ known to me to be the persons who executed the within
~ Instrument on behalf of the corporation therein named. and
a leknuwledged to me that such corporation executed the within
~- instrument pursuant to its by-laws or a resolution oI its board - of '°~'-~^---
orrrcl~i, SEAL
~"~ of directors. ~~s~ rF
e`~~ sP TERRY A. NAVE
WITNESS my han d official seal. "°cm NOTARY PUBUC-CALIFORNIA
~ "' ~ ~'~ SAN DIEGO COUNTY
Si nacre `'~ ~a"`" MyCornmissionExpiresSept.16,1972
~ ~ - _. -- v ..-
Terry A. Nave
Name (Typed or Printed)
(This area for official notarial seal)
State of California
County of San Dieg~ ss:
On / February 16, 1972 ,before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Jerry H. J. Shaw
known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my stand and affixed my official seal, the day and year stated in this certificate above.
P: ~.. BRISTOL W. hiAS-_!N em ~„ ~ ~ ~ .- ~-„
My Commission Expires , ~ , ~, ,~
~® Notary
:" $.. ~ Principzt Office, San Die~e Co. Calif. ~_~
0212-6-66 e~ My Commission Expires fdarch 28, 1975 d~
®~ ll~b~~BBY! OMB::. '..~.... .. ~
:. S f^a
=. ~ ~~ ~~
GENEA"l1L
•?OWER OF
ATTORNEY
THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State of New Jeersey, and having its Home Office in the City and County of San Francisco, California, has made,
constituted and appointed, and does by these presents make, constitute and appoint JFf{IZY II. J. :iflflW - - - - - - -
its true and lawful Attorney(s)-in-Fact, with full 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 obliga-
tions in the nature thereof _ - _ ., - - - - - - - - - - - - - .. - - - - _ .. _ _ - .. - _ -
and to bind the Corporation thereby as fully and to the same extent as iI such bonds were signed by the President, sealed with the
corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY
adopted on the 7th day of May, 1963, and now in full torte and effect.
"Article VIII, Appointment and Authority of Resident Aaaiatant Secretaries, and Attorntya-in-Fact and Ayenta to accept LeDa! Proceaa and Make
Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board
of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act }or and on behalt of the Corporation and Agents to accept legal process and make appearances for and on behalf of
the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or
by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 26th day of September, 1966, and that said
Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and
the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on
any certificate relating thereto, by facsimile, end any power of attorney, any revocation of any power of attorney, or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its
corporate seal to be hereunto affixed this~.~thday of June 19 69 .
. -~~~,,
,+;
.f rr ~
~NQ gyp'/
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
THE AM ICAN INSURANCE COMPANY
By _......_.._..___...-.._.._._.._.~_ .... ..........._...................................._........................---......_............_.._~
' S. D. MENI T, Vice-President
On this~n1~hday of June , 19 6~, before me personally came S. D. MENIST, to me known, who,
being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
-~Y/~/M W YYM/~tR~frMftfl/fiMMa~aMft~N~tIN~/Na/
$ - ETNEL L WATKINS
MOTAR1f PUBtK - CAUFORNU
CJiY AND CWNTY Of
SAM FRANCISCO
wwwtm~ti
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
ETHEL L. WATKINS, Notary Public
My commission expires March 2, 1971.
CERTIFICATE
I, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that
Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City and County of San Francisco. Dated the 16 day of February 19 72
.o
(~~
;~ ~~
580257(HO) lTA)-5.87
.._........... V . _ ................... _ ......................... _................_...-_ ......... _..
WINIFRED H.'BROWNE, Assistant Secretary
The Mills Company
.,1228 One~Main Place
Dallas, Texas 75250
°+~ _
Bond No$C5147282(2)
Premium $1,466.00
. ~ Jl:~ 1'a?.. L ~~::; ~ ~ '~' ,,, ,.:, ~ ~;_;°~ J ?-; `,', - ; ; 1't, AVCO COMMUNITY DEVELOPERS, INC.
ri.nci;~a1., _:.u_, THE AMERICAN INSURANCE COMPANY ~;; Su_ei,,,~ are he]~;.
~7.I1C~ f7_Y_m]-~' UGt7,r:Q L1I1tC` t~7e :r1_ty Gf C;hl;tla ~~lE,t:d, .~~';~cttG Of C~~z_i-~_1 OYi:Zd, Z?1
t.ho stag, cf- ONE HUNDRED FORTY SIX THOUSAND .FIVE HUNDRED SEVENTY ~$ 146,570.00 -~
-., ~, ~ - -
lc~.•~.,..71_ n~:Cr,G- Or i.r,~ 7n, a-,=,.! "' ~ `~ t -- Y1 ] -
.~ p~~~rre. is o~ ~;j_li~°n su:n, ~•~e 1 <<nd
truly t0 iJc made, We bi.I?d Ourselves, jCZntl-~ and S~'VCi"ullj~, f:1 J_".i,ry_y l~~i
these pr..esents.
The COT1d1t1Gri C t'i"le fGrt?~~G1.nC~ G'~J11C;atlO'7 1S SL1Cit t.','iat Zvi"?e ~r_~c"~.S fi~ii d
Prinripal;s} h~;s-have el~te.red into or is-•are abaut to enter_ into th:.°
anne:~cd contract ~°itl-i the City of Chula Vista, pursuant to the a.utharity
of an act Gf. the legi_s1~:ture of the State of Cal ifo_~-:~ia, arp:r~~ved ~nr<i.l~
13, 1943, }mown as thy, "Su.bdivision P"ap Act" (Charter ?., Part 2, Division
4, BL?si.ness and prOfc?SSlOnS CGde} and anV aTTl~~nd?C?^-_ntS tI1GrGtOr fvi: tic'
grading and sL~.rfacing cf streets anc?. the construction Gf ct,r.}_~s, sid~,.~°.~alks
and gutters and sewers, and other ir~prcvement~-, all Gti shoL,n Gn a-no
improvement plans for- BR_ANDYWINE UNIT N0. 2 _. ~,e`Iich
s.mprovem.ent plans are nn ~i.l.e in the c~~fice of t}ie-City r;~=i~_r_ne~r of t.hc.
Clty Of C~.u.la j/1..~~'tu, alld t1`;e pad,%m0*i t~"?E':it?fi'Or b`y' 1?l1n C:1p~1 ~S} a:2~J'.~ ~ti}10Y'c'.c~-..S
the Principal. (s} _s-are requiY-ed bpi said CitY~ to e~ive this band it co:l-
nertion wi.tr. the exccutior; of said ccntrac~t;
NOIv, `!Hr.'l:tt?~R}.'~, if Sc.i_d. PrlnCipc?l, aS COntraCtOr 1_T7 ti'1C Ct:)ntraC
hereto anr~X:jd, shall fuit}lfull•% ~~rfoi:rn aaCh and a1.1 0._ tt"_., Grl i:~%c~ns
Of Said CCi:traC'~ t0 bc' pE.1`: ar?red ~;>> i11Tii, c:inC( shall ful"ril_: i7 .J_ ~ ',:::001. ,
eC~UlpmCnt, ~:T1pcuL~ltUS, faCl_]_lt_e5, tranSpOrtat~l.On,. labor, an<_~ 'tc%.r r1a]_S,
ather than mater_ia1, ~_.i_ any, agreed tG he furnistled by tI-le City, neces-
sary to perform and coT~~plete and to perforrl ar.d complete i_n a. good end
workmanlike manner the wOr~: of BRANDYWINE UNIT N0. 2
i n strict ccnformity 4~it`,: the terms acid cond ~ tior.s set for_'~h in tl-~e ccr;-
tract heret.e annexed, and shall. pay o_r ca,~se to be paid, a]_1 persons ~,aho
perform lab, r f_or, or fv.rnish materials to sa~_d coritraCtor, Gr to zny
sub-contractor, in the execution G-f said contract, then this obli.c,:~~tion
shall be nul]_ and void - other.,,ise to remain in full forcE~ and effect;
ar~d the Surety, for value received, hereby stipulates and aq-ees t?la'v no
change, extension of tune, alteration or addition to t'-_^ terms of- t'_:e
contract or to the t•~ark to be performed thereunder, ar t'~e speci~_ications
accompanying the same, shall in any wise affect its obliga-tions Gn th;.s
~ bond, and it does her-eL-y waive notice of any such c?-:ante, exte~ls -on ~~{
time , alteration or acrditian to the teri~ns of the contr_ act or tG the ~•:ar};
- or to the specifications.
•- AVCO COMMUNITY D ELOPERS, INC. THE AMERICAN INSUR COMPANY
~ ~ ~~ ~ ~ ~ ,
.~
.-• -~ .,
• ,,~ ..
--.-----=~.~> `_~cr~l` ~=. ~A "C ~-~"~^~~ rr H. J. Shaw Attorne in-Fact
PRINCIP~ --_.._ ~?.-______~y-_---._---,____A
,urety
?±PPFOVhL~ ~'°_S T'C FUP"~',
///'^\U .
PSI--T:;- 34 - \
1 /' ~
TO 449 C
(Corporation)
TI
STATE OF CALIFORNIA l
~ COUNTY OF San Diego } SS.
on February 16, 1972 .
O ri efore xqe the undersigned, a Notary Public in and for said
State, personally appeared OeIf1aK~ r
a known to me to be the Vi ~P President, and R _ R~rr-~ M ('nmi ~
z known to me to be .Secretary of the corporation that executed the within Instrument,
m known to me to be the persons who executed the within
~ Instrument nn behalf of the corporation therein named, and
Q acknowledged to me that such corporation executed the within
m instrument pursuant to its by-laws or a resolution of its board ~e,~~,
of directors. =s~_,~~_ ~,~,\~~`
I ?` ° OFrICIAL SEAL
11' WITNESS my ha and official seal. {~~°`~"
/~--~`~ ~ T>_RRY A. NAVE
~~ ~ i~ ~ ; ~ w o NOTARY PUBLIC-CALIFORNIq
Signa~ - ~ ~ ~ ~-t_._ i_,- _ ~~ I ~_,_ L_.. SAN DIEGO COUNTY
~_ r°~~ra~N~P My Commission ExpiresSept.16,1972
Terry A. Nave
Name (Typed or Printed)
(This area for official notarial seal)
State of Californi
County of San Dieg~ ss:
On February 16, 1972 ,before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Jerry H. J. Shaw
known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowjedged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my ktand and affixed my official seal, the day and year stated in this certificate above.
~Z s°s i i°° i i°° i°° i s°^Z i~f^ i°^~ e°ai a e~^V
ti = f':, BRISTOL W. i1~ASLIN ~; ~ .-
My Commission Expiti"P ~~ ~- ~ ^ 4 fj,.-~
l ~- ~ + Prinri•zl ilttice. San piefro Co. Calif. ~'' Notary Public
m
360212-6-66 °~ My Commission Fx~ir,=s March 28, 1975 ~°
~p
_ ./ ~'
GENF:~AL
POWER OF'
ATTORNEY ~E AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made,
constituted and appointed, and does by these presents make, constitute and appoint JFftRY Fi. S. :if~W - - - - - -
its true and lawful Attorney(s)-in-Fact, with full 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 obliga-
tions in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY
adopted on the 7th day of May, 1963, and now in full force and effect.
"Article VIII, Appointment and Authority of Resident Assistant Secretaries, and Attorneys-in-Fact and Agents to accept Legal Process ¢nd Make
Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board
of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of
the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or
by any person empowered to make such appointment.'"
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said
Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and
the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on
any certificate relating thereto, by facsimile, cnd any power of attorney, any revocation of any power of attorney, or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its
corporate seal to be hereunto affixed this~day of June 19 69
t~~
.?:
.r r '.
s`• i
+; :~
G~•.. ~~a
~Nq C0~
STATE OF CALIFORNIA, l
} ss.
CITY AND COUNTY OF SAN FRANCISCO JJJ
THE AM ICAN INSURANCE COMPANY
By .............................~.._... ._...................__._....___ __ -._..._.._...._._.........................._...___._.......
S. D. MENI~T, Vice-President
On this~r?~~•~`lday of JU112 19 6~, before me personall c
y arxte S. D. MENIST, to me known, who,
being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
~w~wWtwwwwww~wwwwwww~ww~wnw~w
_ - ETHEL L WATKINS
NOTARY PUEIIC - CAUFORNU 's
CTIY AND COUNTY OF
? SAN FRANCISCO
~~~~
ETHEL L. WATKINS, Notary Public
My commission expires March 2, 1971.
CERTIFICATE
STATE OF CALIFORNIA,
I ss.
CITY AND COUNTY OF SAN FRANCISCO J
I, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that
Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City and County of San Francisco. Dated the 16 day of FebY'U3Y'y 19 ]2
~~~
rt
.; ~.
I~., ~_
360257 (HO) (TA) - 5-67 WINIFRED H.'BROWNE, Assistant Secretary
~~~35~