HomeMy WebLinkAboutReso 1972-6383Form No. 352
Rev. 11-67
RESOLUTION NO. 6383
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN
RANCHO RIGS SUBDIVISION UNIT NO. 3
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, RANCHO RIGS DEVELOPERS, a limited partnership
dated the 24th day of March , 1972 for the completion
of improvements in that certain subdivision known as RANCHO RIOS
SUBDIVISION UNIT N0. 3
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 ~,-
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Lane F. Co e, Directo o Pu is
Works George Lindberg, City Attor
ADOPTED AND APPROVED by the -CLTY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 4th day of April 1972 , by the
following vote, to-wit:
AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES: Councilmen Non
ABSENT: Councilmen
e
~~ '~ Mayor of the City of Chul Vista
ATTES
Ci y Clerk
STA E 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amended or repealed.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
,~~ J ~~
SUBDIVISION IMPROVEMENT AGREEP~IENT
THIS AGREEMENT, made and entered into this 4th day of
April , 19 72 , by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RANCHO RIGS
DEVELOPERS, 3910 Champman Street, Suite B, San Diego, California
92110, a limited partnership, 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 Rancho Rios,
Unit No. 3, 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. 6107, approved on the 13th day of July,
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. 72-36D through 72-39D, 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 FIFTY FOUR THOUSAND,
SIXTEEN DOLLARS AND NO CENTS ($54,016.00), 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
- 1 - ~~~$3
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 TWENTY SEVEN THOUSAND,
EIGHT DOLLARS AND NO CENTS ($27,008.00), 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 TWENTY
SEVEN THOUSAND, EIGHT DOLLARS AND NO CENTS ($27,008.00), 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 SEVEN HUNDRED
FIFTH DOLLARS AND NO CENTS ($750.00), 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.
- 2 - ~~ 3
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.
Approved as to form by
~ City Attorney
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 SUBDIVIDER: RANCHO RIGS DEVELOPERS
Mayor of he City of Chula Vis
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City Clerk
Attach Notary Acknowledgment here.
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TO 449 C
(Corporation) O
STATE OF CALIFORNIA
COUNTY OF ~Q'/l ~l// ~'~' J t SS.
On ~/d/"G~ ~ ~ ~%1Z before me, the undersigned, a Notary Public in and for said
State, personally appeared 7~-c~ ~ C~t~~i ~i~C
known to me to be the -President, and -" ,
known to me to be .Secretary of the corporation that executed the within Inst_ument,
known to me to be the persons who executed the within
lnstrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within pFFICiAL SEAL
instrument pursuant to its by-laws or a resolution of its board
of directors. DUANE M HUGHES ~~
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WITNESS my hand and of&cial seal.
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Signat~~ure /~
Name (Typed or~nted)
-~ NOTARYPU3'_IC-CALIFORNIA
• SAN DIFaO COUNTY
FOPN~P My Commission Expires Jan.23,1974,.
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276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012
(This area for ofNcial 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
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City Attorney
Improvement Completion Date:
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~~~~ ENGINEERI(~G COMPANY i A~o~'~",~~°~~~~E"ERs
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
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March 20, 1972
City of Chula Vista
City Administration Building •'
Chula Vista, California
Attention: Subdivision Control Engineer
RE: RANCHO RIOS UNIT 3
Dear Sir:
In compliance with the amendment to Sections 11566 and
11592 of the State Business and ?'~ofessional Code requiring
the Subdivider to furnish to the City a bond guarantying
payment of cost of setting final monuments; and your re-
quirements for the surveyor or engineer signing the sub-
division 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 $750.00.
Sincerely,
William B. Rick
R.C.L. 9416
Engineer of Work
WBR:la
~~~
~ ~ :;-" RR Unit •No. 3
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BOND FOR FAITHFUL PERFORt~7ANCE Bond #11539+
KNOW ALL ME:3 BY THESE PRESEN~i'S , That I/[ae RANCHO RIGS DEVELOPERS
Principal, and COMMERCIAL STANDARD INSURANCE COMPANx as Surety, are held.
and firmly bound unto the City of Chula Vista, State of California, in
the sum ofTWENTY SEVEN THOUSAND EIGHT & 00/100 DOLLARS ($ ~~'27,008.00~~ ),
lawful money of the United States, for the payment of which sum, well and.
truly to be made, we bind ourselves, jointly and severally, firmly by
these presents.
The condition of the foregoing obligation is such that whereas said
Principal(s) has-have entered into or is-are about to enter into the
annexed contract with the City of Chula Vista, pursuant to the authority
of an act of the legislature of the State of California, approved P.pri_7_
13, 1943, known as the "Subdivision Map Act" (Chapter 2, Part 2, Division
4, Business and Professions Code) and any amendments thereto, for the
grading and surfacincr of streets and. the construction of curbs, sidewalks
and gutters and sewers, and other improvements, all as shown on the
improvement plans for. _ RANCHO RIGS UNIT No. 3 ~,~hich
improvement plans are nn file in the office of the City Engineer of_ the
City of Chula Vista, and the payment therefor by Prrincipal(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;
NOW, THEREFORE, i_f_ 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, ar~d shall furnish ~~11 tools,
equipment, apparatus, facilities, transpozstation, .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 and
workmanlike manner the work of curbs, gutters, streets, sewer and water
in strict conformity with the terms and conditions set forth in the con-
tract hereto annexed, and shall pay or cause to he paid, a.ll persons taho
perform labor- for, or furnish materials to said r_ontractor, or to any
sub-contract=or, in the execution of_ said contract, then this obligati..on
shall be null and void - otherwise to remain in full force and effect;
and the Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the
contract. or to the work to be performed thereunder, or the specifications
accompanying the same, shall in any wise affect. its obligations on this
bond, ~~na it does hereby waive notice of any such change, extension of
'.=ij<<a, alteration or addition to the terms of the contract or to the work
oar to thy: specifica~bns. Signed, Sealed and Dated 13 March 72.
' RANCI;~O RIGS DEVEL P RS a limited partnership COMMERCIAL STANDARD TNS IR ~S'F _G r,~r~AN~
By: Tili~ Odma, k Com[baiyy, General Par,~er
..,` TecT"P. Odmark, President
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..4 :;,4,??, Contractor
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A~'PROVED AS TO FORT?:
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Cit Attorney c~
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BY ~ C'
ry B McElroy, A tornev-in-Fact
Surety
t
STATE OF CALIFORNIA l
COUNTY OF._ ari Dieg'O It SS.
,9; On_____ 22_March 72 -___ - - ,before me, the undersigned,
o
~ a Notary Public in and for said County and State, personally
Ted P. ~dmark _, known to me to
c appeared __ -
~. be the-__- President, and- _- _-, known
to me to be the- -- -- Secretary of
The Odmark Company _ _, the corporation that
executed the within instrument and known to me to be the persons
who executed the within instrument on behalf of said corporation,
said corporation being known to me to be one of the partners of
_ Rancho _Rios Developers, the limited _, ;~
partnership that executed the within instrument, and acknowledged
to me that ch corporation executed the same a such partner
and that such t ership execute sa e
m Q
a
KATHRYN C. NEAL
Name (Typed or Printed)
Notary Public in and for said County and State
Acknowledgment -Attorney in Fact
FOR NOTARY SEAL OR STAMP
Ot ..! I ~ ~ r,i
/~E/e""~~`~ KATHRYN C. NEAL ~r
,,P/ ~ ? S
® :':,~o iVOTP.RYPUBUC-CF:LIFORPJiA
= ~ SAN DIEGO COUNTY
C'9~~FO0.H,P My Commission Expires June 11, 1974
3773 Ward Rd., Ste. 6, San Diego, Calif. 9211.6
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STATE OF CALIFORNIA ) SS
couNTV of SAN DIEGO )
March 13 , 19-7,d~efore me, Margaret J. Duran
On
a Notary Public in and for the said County and State, personally appeared
CaY~37 B Mr~F1rs>-;r known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact ofC'nr"F"FR('T AT=, ~TA~~~R~L T.~~lT ~j1o~ Ee-r-
and acknowledged to me thathe subscribed the name of
COMMERCIAT STANDARD TN4TTRANC'F ('n MPAT\TV _ thereto as
principal and h-.ZS-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.
M-16]/SM 1071
n
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Mar ret ~. an
Notary Public in and for Bald County and State
IV Orary Jeai
r~ hiO;AFY Fl (i. CA ~ .~~iA't•.
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SAra ;i~~ .. CGUNTY ;~~
- Tres Pd;ay 15, 1973 =
i Nty Con~~n;issis~i E~:i' •--_~.,.»~>.....: 1
Form 72349 -Bond -
;(:evised 1071
C®>in~e~~i~~ Stancl;~ra ~n~~a~~>r~c~ ~~~apany
~~ T FORT WORTHg, TE~yX-SAS ~7~,
~~ W~' ~~ ~~ 11~ 1 ®~1 V ~~
KNOW ALL MEN BY THESE PRESENTS:
That the COMMERCIAL STANDARD INSURANCE COMPANY of Fort Worth, Texas, has made,
constituted and appointed, and by these presents does make, constitute and appoint
Gary B. McElroy
its true and lawful attorney for it, and in its name, place and stead to sign, execute and deliver
Bonds a.nd ~cndertakings covering the following obligations, in and/ penal sum; guarantee-
ing the fidelity/ of persons holding places of public or private trust, guaranteeing the per-
formance of contracts other than insurance policies, and co-s2~rety bonds and reinsurance
agreements, and executing or guaranteeing bonds and undertakings required or permitted
in all actions or proceedings or bg law required, not in excess of .1;500,000.00.
In the State of
California
This power shall remain in full force and effect until cancelled or revoked which right is reserved
by the Company.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October A. D. 1977.
COMMERCIAL STAN INSURANCE COMPANY
`-~
BY•------- ---------•-------------yr---o'- - - ------------- ---------------------------
V. M. Gilmore, ice President
At a regular meeting of the Board of Directors of the COMMERCIAL STANDARD I1~TSTJRANCE C031PANY held
at the office of the Company, in the City of Fort Worth, Texas, on the 22nd day of July, 1966, the following resolution
was adopted:
"Resolved that the Chairman of the Board, President, Vice Pre>ident, Secretary or Treasurer of this Company be and
they are hereby authorized and empowered to make, execuie ar,d deliver in behalf of the Company unto such person or
persons residing within the tinned States of America, as they may select its Power of Attorney constituting and appoint-
ir.n each such person its Attorney-in-Fact, with full power and authority to make, execate and deliver, for it, in its name
and in its behalf, as surety, any particular bond or undertakinnr that may be required in the specified territory, under such
limitations and restrictions, both as to nature of such bonds or undertakings, and as to limits of liability to be undertaken
by the Company, as said officers may deem proper, the nature of such bonds or undertakings and as to limits of liability
to be undertaken by the Company, as said officers may deem proper, the nature of such bonds or undertakings and the
limits of liability to which powers of attorney may be restricted, to be in each instance specified in such Power of Attorney."
STATE OF TEXAS
COU:~TTY OF TARRANT
I, E. S. West, Jr., Secretary of COMMERCIAL STANDARD INSURANCE COIVIPANY, hereby certify that I have
compared the foregoing resolution with the original thereof, as recorded in the 11linute Book of said Company, and that
the same is a correct and true transcript therefrom.
Given under my hand and seal of the Company at the City of Fort Worth, this 5th day of October, 1971.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE 1~1E
LIL PROFFITT
Secretary
a Notazy of Tarrant County, Texas, on this day personally appeared
V. ;4i. GILMORE Vice President of the Commercial Standard Insurance Company, known to me to be
the perso:; whose name is subscribed to the foregoing instrument and ac]cnowledged to me that the same was the act
of the Commercial Standard Insurance Company, a Corporation, and that he executed the same as an act of such Cor-
poration for the purpose and consideration thereir. expressed, and in the capacity therein stated.
Given under my hand and seal of office this 5th day of //October~~ lg 71
:Votary Public, Ta 'an -'County, Texas
I, _..~;t~,~, ~, '~•• ,,'~e~ Asst. Secretary of C0:1iMERCIAL STANDARD INSURAhTCE COMPANY, do
hereby certify .that the foregoing Power of Attorney is a true and correct copy of the original and is still in full force
and effect.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of COMMERCIAL STANDARD INSUR-
ANCE COMPANY this.........~.~t:11----------day of.-----•----.......Ma:rah ........................... 19..'j.2.
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si~trant ~'ecr~;£~ry.
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R R Unit No. 3
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D;-},,J z-„,,Tl ~~; ..,i,`_.. ~ T, #11539+
- ~ ~ ~. , ~. L~~.'1'.~_• _. 1~,(,~ t:i~ h L.:RrJ-;? Bond
?;i~;OG•? hL~C~ ~".~'i~; ;',~- ~~' ;; F~r~~~= -1,~r~` ~ Tjl~?t .I:/rv~' RANCHO RIGS DEVELOPERS
,`
t.l? COT. r~;r't.G'_' .Lri tr.E_',~ C(~T1~=rclC:t :iEr~:t'v anne:meu, ate' r_"~:,1C'1.t',al, cii'lC?.
COMMERCIAL STANDARD INSURANCE COMPANY
as Surety ~ are .:ol_c,
and f_irrily bou;ld u1*~o th-~. CI`f_'Y CF Ct~TO~~~~, VIS`1' , a munici?~al. corporation,
1_oca ted i n San Iii ego Coualt °, Ca1_i~orrli_a, i.n the sum of TWENTY SEVEN THOUSAND
EIGHT DOLLARS & 00/100~~~~
~ $ ~~27,008.00~~ y) ~ lawf a1. money of
the United States, for ~•~hlch payment, ~~el.l a.nd truly tc be made, ~~re bind
ourselves, joint=ly anc'4 severally, firmly by t'r_ese presents.
Signed, sealed and dated 13 March 72
The condition cf the a3~ove obligation is that if s~~id Princi.~~al,
as contractor in the contract hereto annexed, or his or its suhcontrac~o~~.
falls to pay for ant r,~uterial, provisions, provender, or teal?ls, us.~d in,
upon, f_or. or_ a"~out the performance of the work contracted to he done by
said contr_acto-r, nalnel.y, to furnish all tools, e~llipmE'_nt, app~~rat.u.s,
facilities, transportation, labor, and material, other th?n mater i.a.l, if
any, agreed to bu furnished by the City, necessary to perform. and. cor~~t:le ~:~.
and to perform and cor.~plete i.n a good ar.d workmar.l.ike manner, the wo?•r; ~o
Curbs, gutters, streets, sewer and water (Rancho Rios Unit No. 3)
121 Str1Ct CC`.71fOrillcri~.u ~,i ~l t1~iF_' tE'.riTlS alld COTldi tions Set forth 121 the. CC`'i--
tract hereto annexed, or for a.ny ~;-ork ex labor done thereon of ally king ,
said Surety will pay t}Ie s~-1~,e in ar_ amount not exceeding the sur-~ her_ei:~-
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 i.nuro
to the benefit cf a.ny and all. persor_s, cor,;~ani_es, and ccr,~orai.ions
entitled to file claims under and by virtue of the prOVisions of ar_ act
of the Legi_s]_atuYe of file State of Ca7_iornia entitled "An A.ct to Se`ur~~
r the Payment of the Clads of Persons Employed. by Contractors upon nubl_i.c
Works , and the Claims cf Persona LN1~1() Furnished l~taterial_s , Supplies ,
Teams , Implements or ~~4achinery Used or Cons~~sled by such Contractors , i_r
the Performance of Such Works, and Pr.escribi_ng the Duties of Certain
Public Officers with Respect- .Thereto," approved May 10, 1919, a.s arlel~~l~~d;
and the said Surety for_ ~~alue received hereby sti_pul.ates and agree; th«~
no charge, extension o*: time, alteration or addition to the terms of the
contract or tc the ~~~orlc to be perrormed thereunder, or the speci_`i.cat_on
accompanying the same, sh<<11_ in any wise affect its obligations or: this
:;end, and it does hereby ~~aive notice of any such changes, extension or
time, ali;er.atior_ or addition to the terms of the car.trac±: or to the work
or to -ihe specificaticxrs.
• ICA CH .KIUS llEV LOP RS `a limited partnership RCIAL STANDARD INSURANCE COM_P__AN_Y
'-' ~y: The~Odmark o.npa y, eneral Partner -
~,
~. '` ~'ed P. Odmark, President G y B. McElroy, Attorne -in-Fact
_ ., ~Contracto ,- __ .. _.._._____ __. ._r_ ._._~ _. _-_.__
Sure Y
~APRO~,~E ~ TO FORI~~ ~ ~~ \\ , . ,
/ / ~ f:" _~
S"~:~Tl: O.~' CALIFORNIA
CO;~NTY OF___~an Diego ~ SS.
(in_ 22 1~2_rC'Cl 72 ,before me, the undersigned,
~' ~ a .'~~otary Puulir, in and for said County and State, personally
a;i, eared - 1 ed P Odmark known to me to
_ tau tbe-___President, and __ ,known
u. r,;e to Le the- Secretary of
- 1 he Odmark Com an
------ -- --p---y ,the corporation that
;,, rxecute~ ttie within instrument and known to me to be the persons
wbo executed tine within instrument on behalf of said corporation,
~, sa:~l corloration being known to me to be one of the partners of
~~ _r~ancho Rios Developers, the limited ;~
ti {~artnersbip that executed the within instrument, and acknowledged
to me tha such corporation executed the same as uch partner
and ti t suc t a tnership exec e the same
u.
V~
~;
°~ h'nTf 1RYN C. N~?RT,
,~~~~, !'l vi„ ,1 ~~~ I'~ ~ni~ ~I ~
;,,~,~, ~ !'ul~ln u~ ,rn,l Ln ~ u1,1 1 rr~inly n~nl ',in~~
FOR NOTARY SEAL OR STAMP
SERI:
NEAL
ALIFORNIA
OUNTY
June 11, 1974
~~ v -~..., ~.-.- ~--,-..~~ _--!
3173 Ward Rd., Ste. 6, San Diego, Calif. 92116
~F OFFICIAL.
Q S~iJ~.gT'SF. KATHRYN C
m - NOTARY PU3~IC-C
' SAN CIEGO C
C4~~FORN~P My Commission Expires
~~3~3
M-16]/SM 10-]1
Acknowledgment -Attorney in Fact
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ~ SS
On _ March 13
-- 19_~,~efore me, ~drgaret J. crap
a Notary Public in n f r the said County and State, personally appeared
Gary ~C~~rOy known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact ofCOMMLRCIAL STANDARD INSURANCE CO .
and acknowledged to me thathe subscribed the name of
_ COM RR TA TANPAR TN4ILRANrF ('~MPANv
thereto as
principal ___ and h IS-_ 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.
M~r~ et J. Dui
Notary Public in and fo` ~r said County and State
ivorary aeai
I
MAf~~ 4RET J. DURAN
•
~ ~`
~ NO~kK! r -LIC-CALIFORNIA
F i irAl OFFICE IN
. -_~ SACd C~;:UO COUNTY .
3'' A~iy Comrr,issicn Expires ~.~ay 15, 1973
•S•° ...........
~'~~~
Form 72349 -Bond
'devised 1071
,~
Com~a~~~i~l ~t~nd~~d ~a~s~li a;'a~~ ~~pa>r^-y
FORT WORTH, TEXAS
KNO~,~V ALL MEN IsY THESE PRESENTS:
That the COMMERCIAL STANDARD INSURANCE COMPANY of Fort Worth, Texas, has made,
constituted and appointed, and by these presents does make, constitute and appoint
Gary B. McElroy
its true and lawful attorney for it, and in its name, place and stead to sign, execute and deliver
Ponds and undertakings covering the follovvinrr obligations, in any penal sum; guarantee-
ing the fidelity of persons lzolding places of pitibli.c or p-rivate trzest, gztiaranteeing the per-
formance of contracts other than insurance policies, and co-szerety bonds and reinsurance
agreements, and exec2titing or guaranteeing bonds and ~~ndertakings required or permitted
in all actions or proceedings or by law required, not in excess of .500,000.00.
In the State of
California
This power shall remain in full force and effect until caucelied or revoked which right is reserved
by the Company.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October A. D. 1971.
COMMERCIAL STP_N INSURANCE COMPANY
~ -~
BY-------- - -----------------------y ---~------------- ---------------- ---------------------------
V. M. Gilmore, ice President
At a regular meeting of the Board of Directors of the COMMERCI Ai. STANDARD INSURANCE COMPANY held
at the office of the Company, in the City of Fort Worth, Texas, on the 22nd day of July, 1966, the following resolution
was adopted:
"Resolved that the Chairman of the Board, President, Vice President, Secretar_; or Treasurer of this Company be and
they are hereby authorized and empowered to make, execute and deliver in behalf of the Company unto such person or
persons residing within the United States of America, as they may select its Powet• of Attorney constituting and appoint-
ing each such person its Attorney-in-Fact, with full power and authority to maize, execute and deliver, for it, in its name
and in its behalf, as surety, any particular bond cr undertaking that may be required in the specified territory, under such
limitations and restrictions, botY. as to nature of such ponds or undertakings, and as to limns of liability tc be undertaken
by the Company, as said officers may deem proper, the nature of such bonds or undertakings and as to limits of liability
to be undertaken by the Company, as said officers may deem proper, the nature of such bonds or undertakings and the
limits of liability to which powers of attorney may be restricted, to be in each instance specified in such Power of Attorney"
STATE OF TEXAS
COL'? PY OF TARRANT
I, E. S. West, Jr., Secretary of COMMERCIAL STAhTDARD INSURANCE COMPANY, hereby certify that I have
compared the foregoing resolution with the original thereof, as recorded in the Minute Book of said Company, and that
the same is a correct and true transcript therefrom.
Given under my hand and seal of the Company at the City of Fort Worth, this 5th day of October, 1971.
STATE OF TEXAS
COL';\TTY OF TARRANT
BEFORE ME LIL PROFFITT
~, ~~
,~
~~ ~'
Secretary
a Notary of Tarrant County, Texas, on this day personally appeared
V. M. GTLMORE Vice President of the Commercial Standard Insurance Company, known to me to be
the person whose name is subscribed to the foregoing instrument and acirnowledged to me that the same was the act
of the Commercial Standard Insurance Company, a Corporation, and that he executed the same as an act of such Cor-
poration for the purpose and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 5th day of October lg 71
filo~tary Public, Ta pan "County, Texas
I, _ r!.~:'-:s-='' ?~•~,-,ci;=~ Asst. Secretary of COiVIMERCIAL STANDARD INSURANCE COMPANY, do
hereby certify that the foregoing Power of Attorney is a true and correct copy of the original and is still in full force
and effect.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of COMMERCIAL STAl\rDARD IAYSL'R-
AIv'CE COMPANY this.........~.~~kl..........day of ..................March.........................., 19..'j2.
a
li "
~' ~ `!,~
t r
_ _ ~,
................. a~ ~, ..f~,. ,~
y ~' ' sis"r2nL~ S~ecrP~~'~ry.
~~~~~~
- RR Unit Np. 3
,~ i _ Bond #115395
_~..^~~.''~`7 ;?~L, ~ :'T`+ ~- 'H~~ c~~~ .!~S~ ;: ~'~' , `That I j ;•;'E: RANCHO RIGS DEVELOPERS
a:> L~i~ sai~c~iv?_c';_> r ai1c:. ?-~:ir:ci%a_-~ , ~:,~~u i~t:e ~CONIMERCIAL STANDARD_INSURANCE COMPANY
{~. ,- . ;,>>^ ~ ;-}u, r-.. --~ ~ -
-- TEXAS c_S S L.l. e ty , ~'Ci'
------ --..._.._~...____._ ~~_____-__ r
::plc; ;ind firmly bc,uz.c'. L?nuo the Cit:.y of Chula ~,'i st- , a municipal cor~or
~ t;io:i
_
,
lr. L'Ii~' COLT?t C*:
y ~c :. DleC=O ~L<`:.
~ '.".t Of C~t1.lfOri2:_a-, ariC. r t
to anct. ror 1.__ k~encfit
of any and a'_~_ p erson s ~.ho may sl?f~-e -r da.r~age b~~ reaso?~ of the breach of
the condi_t?.ans }, er~~~o~= , in t~.~e p enal sui~ of S~v~n hundred frf~ianc~'iro~0~s -__
($_..__750.00 _____~.) 1_awful money cL the Ur:ited States of Americ~~, to he paid
to the said City of CiruJ_a Vista.
L~.'IiEPu Z.S, the sa:i.d Pri_n::i_pal is presently ongagea ir. subc~i_vid.i ng
certain lards to be known as Rancho Rios Unit No. 3 subdivir ~_on i. r.. the
C]_ty GL C'17U1_c,. V]_Stu, 1T1 ciC'CC`r;X:zr1Ce ~^11t~'i trtE' COrl'~'raCt i01' COI~!i~1C't1C~~ Or
?mprovements authorized icy resolution , and
~ ti`iki~;tZ~'',i'iS, the S31d t~rlncipa.l deSlreS n.ot tC~ SEt `JUrak'il8 it;Onl:imE_^i,tti
t f"r]_Or t.0 t~:E_ re COrC!~~~._r_CIJ U~ L~7e *>_l~al IT!c~.~x) Of tilE' :~Ll~i~11iTJ.SlOn ai7d CiF.Sl?:'~'3
L
to ge.t san;_ a~. .~ ac.er c.a;::=,,
P7G~v, ~±'hEREFO~E, the condition of the a}~.~ove obligatior_ is that if the
Principal shall have set durable monuments of the survey by Rick Engineering
(name of
Company ~, as per the final map of said subdivision, a copy of
Engineer]
which is on fi1.e with tt:e City Engineer of the City of Chula Vista, refel--
ence to which said map is hLreby made and same i_s i_ncorporated herein as
though her_: sot forte in tail, and according to the orcli_nances cT the
City of Chui_a Vista in force ar~d effect at the timo of giving of t~' i_s bond,
on or beforo the ex_pi_ration of thirty (30) consecutive days foll.oc^~inc
•completion and acc=~ptance of public improvements ~,~.ithin said subdivision,
then the obli_ga.ti_on si~a1? be void, cther~~;ise to r.emai n in full force and
effect.
-', i` IIQ P~%'1,PdESS ti°~HL'FEO^, tze said Principal and Surety have here-.unto :yet
~, their hands , th .s 13th day of_~'_ March 19 72
' RANCHO RIOS DEVELOPERS, a li ited ers~p ~ __.._____
-T ~_ The Odmark Company, Gene 1 Par ^ _ci __a~1-)
--~ - r --
` ,~PPROtii;D A>`_~ TO ~ Ort`i: By: Ted P. Odmark, President
~.. ~ ~ \ , t ~-lp~~------ ---
4t< . , _
-~ G
~' "` _^ _ Gary M lroy,~~ttor:i:~v i.n-i'act
- tw*~;3 L.y t-;.'~.~_Or;i~''V
SrA'1'E OF CALIFORNIA
Co~:~'r~~ o: _ _San_Diego ss.
O„-__. ~2 _MSI'Ch_ 72 ,before me, the undersigned,
a ~ouuy Pu~~lic in and [or said County and State, personally
appcan:d TC~ Odmark known [o me to
hu me__ President, and __ ,known
i~ me to be the Secretary of
~'i~e_ Qdi77dT'K_Q0111pa11~ ,the corporation that
ezcl~utcli the within instrument and known to me to be the persons
win, excl~utcd the within instrument on behalf of said corporation,
,ui,i I~orporltion bl ink known to me to he one of the partners of
Rancho Rios Devel~~rs. the limited
partnership that executed the within instrument, and aeknowled~ed
to me that such corporation executed the same a uch partner
and that such a ership execute a same.
KATHRY~1 C. i~tEAL
vume (Typed or Printed)
.'Votary Public in and for said County and State
M-167/SM ]0-/1
Acknowledgment -Attorney in Fact
FOR NOTARY SEAL OR STAMP
E ~ oF, ~~FF'TCTAI. SEAL
~y ,,,,,,. ~" KATHR'YN C. NEAL
¢- ',' • ^ NOTARY PUBUC-CAUFORNIA
~ w°) SAN DIEGO COUNTY
~4L,rncWP My Commission Exoires June 11. 1974
3773 Ward Rd., Ste. 6, San Diego, Calif. 92116
STATE OF CALIFORNIA ~ SS
COUNTY OF SAN DIEGO
March 13 7~ Margaret J. Duran
On - 19 efore me, ,
a Notary Public in and for the said County and State, personally appeared
Gary B. McElroy known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of COMMFRCTAT 4TANTlART1 INSLTRANCE 00
and acknowledged to me thathe subscribed the name of
COMMERCIAL STANDARD INS RAN .F COMPANY thereto as
principal and h ~_S_ 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.
~j
rnaret ~ D~ir'an
Notary Public in andd for said County and State
IVVIdIY Jcai
<µ or r rJ~'lC1.-L SF.AI
r~r
..
MAF~,~,^ET J. DURAN
,r.
~'
~o NOIA:, i'U:.LIC-CALItOl;N1A
s
SA`; DtcGO COUNTY
~..,,
My Co,nmission Expires. P~~tay 15, 19».
Form 72349 -Bond
• Revised 1071
" Co~me~~~a~ ~~a,~d~r~ ~~s~r~:~c~ Ca~pany
~j ~ T FO3TX~WORTH, ^T~EXAS ~~
K~TOVV ALL MEN BY THESE ?',;,ESEN~. S
That the COMMERCIAL STAN1~ A RD INSURANCE COMPANY of Fort Worth, Texas, has made,
constituted and appointed, and by these presents does make, constitute and appoint
Cary B. McElroy
its true and lawful attorney for it, and in its name, place and stead to sign, execute and deliver
Bonds a.n.d ~~ndertakings covering the following obligations, in an~~ penal sung; guarantee-
ing the fidelit?~ of persons holding places of public or pri~~ate trust, guaranteeing the per-
fo7•manee of contracts othc=r than insurance policies, and co-surety bonds and reins2c7•ance
agreements, and executing or guaranteeing bonds and icnder•talcings required or permitted
in all actions or proceedings or b~ law required, not in excess of $500,000.00.
In the State of
California
This power shall remain in fall force and effect until cancelled or revoked which right is reserved
by the Company.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October A. D. 197..
COMMERCIAL STAN INSURAP:TCE COMPANY
~,
L~~?G~' :.~.~-~'~~ 1
---------- -
V. M. Gilmore; 'L'ice President
At a regular meeting of the Board of Directors of the COMiVIERCIAL STANDARD INSURANCE COMPANY held
at the. office of the Company, in the City of Fort Worth, Tesas, on the 2?nd day of July, 19G6, the following resolution
vas adopted:
"Resolved that the Chairn;an of the Board, President, Vice President, Secretary or Treasurer of this Company be and
They are hereby authorized and empowered to make, execute znd deliver in b^half of the Company unto such person cr
persons residing within the United States of America, as they may select its Power of Attorney constituting and appoint-
ing each such person its Attorney-in-Fact, with full power and authority to make, execute and deliver, for it, in its nan;e
and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such
limitations and restrictions, both as to nature of such bonds or undertakings, and as to limits of liability to be undertaken
by the Company, as said officers may deem proper, the nature of such bonds or undertakings and as to limits of liability
to b~~ undertaken by the Company, as said officers may deem propet•, the nature of such bonds or undertakings and the
limits cf liability to which powers of attorney may be restricted, to be in each instance specified in such Power of Attorney."
STATE OF TEXAS
COUNTY OF TARRANT
I, E. S. West, Jr., Secretary of COM:4IERCIAL STAI~TDARD INSURANCE COMPANY, hereby certify that I have
compared the foregoing resolution «•ith the original thereof, as recorded in the ^.Iinute Book of said Company, and that
the same is a correct and true transcript therefrom.
Given under my hand and seal of the Company at the City of Fort Worth, this 5th day of October, 1971.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME
LIL PROFFITT
Sefcr~etary
a Notaty of Tarrant County, Texas, on this day personally appeared
V. M. GILMORE ,Vice President of the Commercial Standard Insurance Company, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act
of the Commercial Standard Insurance Company, a Corporation, and that he executed the same as an act of such Cor-
poration for the purpose and consideration therein. expressed, and in the capacity therein stated.
Given under my hand and seal of office this 5th day of October lg 71
~TOtary Public, Ta •an 'County, Texas
I, _~~'. •~=i, ~;,~, ~ i~ ~ Asst. Secretary of CO1VIb1ERCIAL STAI~'DARD INSURANCE C0:17PANY, do
hereby certify that the foregoing Power of Attorney is a true and correct copy of the oriti nal and is still in full force
attd effect.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of COMMERCIAL STANDARD INS~TR-
AIV'CE COMPANY this..........1.3.:~k;.........-day of ..................M2.r.Ch....................-....., 19..72.
v
~ ~ f'
;. ~ ~ X91/
r ~ ~;
r~ : ~, -~v -.. ,,~ ....-..
s x=•
Q stst~ant tecrG,~~ry.
~~~V~