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HomeMy WebLinkAboutReso 1972-6385Form No. 352 Rev. 11-67 RESOLUTION NO. 6385 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN RANCHO RIOS SUBDIVISION UNIT NO. 4 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 RIOS 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 NO. 4 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, Director o George ~Y~ Lindberg, City Attor Public Works ADOPTED AND APPROVED by the-CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 4th day of A ril , 19 72 by the following vote, to-wit: AYES : Councilmen Hvde . E~dahl , Scott , Hobe 1, Hamilton NAYES: Councilmen None ABSENT: ATTEST Councilmen STATE/OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 4th day of April T, 1972 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RANCHO RIOS 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. 4, 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. 72-40D through 72-43D, 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 THIRTY FOUR THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($34,750.00), 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 `~~6 J 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 SEVENTEEN THOUSAND, THREE HUNDRED SEVEPITY FIVE DOLLARS AND NO CENTS ($17,375.00), 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 SEVENTEEN THOUSAND, THREE HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS ($17,375.00), 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 EIGHT HUNDRED DOLLARS AND NO CENTS ($800.00), 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~s' ., ~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 F CHULA VISTA ~~f `~~ l Mayor o the City of Chula Vist ATTEST v. ~,~~~~~ City Clerk , BDIVIDER: RANCHO RIOS DEVELOPERS '~ y~.~fZ Approved as to or by Attach Notary Acknowledgment here. ~ ~ ~~~ ~ ~ City Attorney ~- --~ ,~, ~' .~..--- LIST OF EXHIBITS TO 449 C (Corporation) ~ TI STATE OF CALIFORNIA COUNTY OF k.So~ /~ cv O ~ SS. On ,~~/~"~y ~~ ~/`~~L /before e, the u/ndersigned, a Notary Public in and for said State, personally appeared ?mod ~d/9~a/i'~ kt;own to me to be known to me to be .Secretary of the 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. corporation that executed the within Inst: ument, ~... ,~ OFFICIAL SEAL ~; a ~ DUANE M. HUGHES I ® 9 NOTARYPUR~~C-CALIFORNIA C_' -^`n~~ SAN DiF ~ COUNTY ~IIFOHM~P Mq Commissicn Expires lan. 23, 1974 276 Guava Ave„ P. O. Box 1087, Chula Vista, Ca. 92012 WITNESS my hand and official seal. ~ /~ ~-,> Signature /'~. ~t/~/a~~i cS President, and Name (Typed or'Printed) (This area for official notarial seal) ~rmance Gabor Securities approved as to form and amount by w-t, -' , ~ _ ._ ~,_ City Attorney Improvement Completion Date: --~ / ` ~- ~~. ~~ ~_ ~~ R~e~ ENGINEERING COMPANY i ANDCIVGIL~NGIINEAERS 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 ~, ~. !_! I 't ~=. ~ - ~~ '` ~ ~_ ' f.-~i .. `,~ ~'. Q `.y March 20, 1972 City of Chula Vista City Administration Building Chula Vista, California Attention: Subdivision Control Engineer RE: RANCHO RIGS UNIT 4 Dear Sir: In compliance with the amendment to Sections 11566 and 11592 of the State Business and Professional 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 $800.00. Sincerely, ~./~., - ~~ .j/ William B. Rick R.C.E. 9416 Engineer of Work WBR:la __ lj'~ `~f Borid #115398 .. ~.; , RANCHO RIOS DEVELOPERS, - - ~:, :..~ _ . ~,~__+ r _ _; ~. ~-, ~ :~~,,,~ !i>: , .~'I"l.iaL I/++„e~ A LIMITED PARTNERSHIP - a:~ ~;?c- subd i v~ aci' ancA ? ri r:ciy~a.i. , ~:,nd i.t~e CONID~ERCIAL STANDARD__INSURANCE_ COMPANY ~_ ~~.~ ~•<~_.a ~_l.oll o- t:}:. ,~,_,::.~_" :-~f TEXAS , as Surety, ar«? i:ulC: ;IriCl ~:irTill.~' bi>',?i::Ci l'nt0 the' Clty Gf Chl?la `'1St?, c? murilClpal COr{:+O'"c t1C:1, in i:ii^_ County o~: 4.I: Di_eo, St:~.'-.e of C=LlifOri7i_a., ar:d to and. for ~l•.o benefi.t Of any alpd a]_~_ p!'iSO.r1S [dr10 may Sltf7-c':(' dc~.TiiagF b~' ?~eason Of thf=? bt'E'ca.Ch Of the conditions her.eo~-= , i.n t'.~e penal suln of_ ~~EIGHT Hu~DREI~ Al`dD 00/100~~ ~ $_800.00~~~ ~_~_) ]_a~^ifu]_ money cL the United States of A:*„~eri c~~, to he paid to the said City of C'ipula Vista. I~:I.EPu AS, the said Pri_nci_pal is prESer.tly ongaged in subc~"ividing certain lands to be knowl~ a.s RANCHO RIOS UNIT N0. ~+ subdivis i_or, i. n. i:he. C].ty of Chula. Vi Stu, ? rl a~:CC?rd:inCe ~^T1 t'fl thE' C.or.1~~raCt LOr COI~i~leti on Or T_mprovelrenLs au.tho~_i.zed ry resolution anti ~`iFiEi2}-%1~~, ~rlE S:31C1 ~~rin^lp~.l dES1reS spot i_C~ SGt t~.LiT"ak'ilE' lOn'.il~?F'i7tti r^ri_or to t':e reco7-c~at._~_cY: of the fi~~a.l Ir:ap of the subdivision and aesiY~~s rr ` '- PFG~•F, ~I'F+_EFc`~FCi~, file ccr_dition of the a}~~ove ob]_igation_ is that if t'~~e Principal shall have ENGINEERING COMPANY _ . ~-' s Engineer) ;ahi_ctl is on fi1_e wi_t set dur_ able monuments of_ the survey by RICK (name o ~- per the final map of said subdivision, a copy of h type City Engineer of the City of: Chula Vista, refer- ence to v;hich said map is hereby made and same i_s incorporated herein as thcugh her. set fort++ in full, and according to the ordinances cr the City of Chu)_a Vista in force artd effect at the tiln.o of giving of t~'is bond, on or beforo the expiration of thirty (30) consecutive days foll.owin •completi.on and acceptance of public improvements within said. subdi_vi lion, ;~~ 'then the obli_ga.tion shall be void, ctherG{;ise to r.e~~ain in full. force and effect. IN ~ti'I~i1ESS tiaH,'RLO?, t:-io said Principal and Sur h; have hereunto set thei7: hands, th,_s ~3th.Y:da1' of____~MA.RC A, 19_?2~_ RANCHORIOS DE LOP S, a limited partnership B~,;! e Odm r Coma _,~_Genera ~nci.pal ) AF'_~ROVFD A:~ T~; FQ'~~,,,': ____ T d P. Odmar_ ,President __~_~__:;~? • CO RCI L S,T~A~NDARD INSURANCE COMPAPtYT~ _ ~~ •. ~`~,~~~-`- ~ / ~ ~~ _ ~~.~-~`G- ----- _ (Sur e_ tom') _ - % _._~_..~_.____--_ B. Elro~~,ttorl~:~~r-i. -Fact w~: YPd -~ L -- 3 4 1) ,~ ~ ,`~~,.,~ ~~ ~ -~~~ ~ 51'A'1'E Or CALIFORNIA l co~N~r~r ol:__San Diego } ss. On-- :~ 22 March 72 ,before me, the undersigned, N a' '-' ~ a Notary Public in and for said County and State, personally appeared TCd P. Od171arIC ,known to me to he rile -President, and __ ,known to n:e to be the -Secretary of ~'h~_ pama__rk -~ ~0111paT1~ ,the corporation that ° exccuu+d the within instrument and known to me to be the persons a ~ tailo executed the within instrument on behalf of said corporation, o suid corporation bcin~ known to me to be one of the partner of " Rancho Rios Developers, the limited partnership that executed the within ins rument, d acknowledged '~ to me that such corporation executed he sa e s such partner and that su artnership exe th ~s me. c7 u r; •-• N v N KATHRYN C. NEAL f. Nam.. (Typed or Printed) Notary Public in and for said County and State M-16]/SM 10-]1 Acknowledgment -Attorney in Fact STATE OF CALIFORNIA FOR NOTARY SEAL OR STAM4' zEP` ~ > OFFICIAL SEAL VP ~`~µ .s~ KATHRI'N C. NEAL m ~ ~ NOYARY PUBLIC-CALIFORNIA '' SAN DIEGO COUNTY N~ My Commission Expires June 11, 1974 3713 Ward Rd., Ste. 6, San Diego, Calif. 92116 COUNTY OF SAN DIEGO j SS on March 13 , 19 ~?before me, Margaret J. Duran a Notary-pua~ic ir~,a: d f9cElro County and State, personally appeared (~ y ti 1"1 y known to me to be the person whose name is subscribed to the within instrument, as the Attorney-in-Fact of COMMERCIAL STANDARD INSURANCE CO and acknowledged to me that_he subscribed the name of CIAL STANDARD INSURANCE COMPANY thereto as principal-.___ and h 1`dwn 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. U'~ 9 ro+ ,T . nra Notary Public in and for said County and State ~~~~a,Y ~~a~ ~ ~\ r.~;~~u/° ~T ~. ~u~AN ~:JL4f.Y PUoLIC - CP,LU U,.wt j \~~_~ SAtd DIcGC CCUN?Y My Cc!„micsion Exp~;res P~1ay 15, 1973 -'~~ J Form 72349 -Bond Devised 1071 ~©~il~e~~cia~ S~a,~nc~~,re~ ~ns~li'~~~~ ~~~pany FORT WORTH, TEXAS KNOW ALL MEN BY THESE PRESENTS That the COMMERCIAL STAI~TDARD 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 attarney for it, and in its name, place and stead to sign, execute and deliver Bonds a.nd undertakings covering the following obligations, in an~~ penal sum; guarantee- ing the fidelitg of persons holding places of public or pri2~ate trust, guaranteeing the per- formance of contracts other than insurance policies, anal co-surety bonds and reinsurance agreements, and executa'ng or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law required, not in excess of $500,000.00. In the State of Calisornia This power shall remain in full force and effect until cancelled or revolted which rioh± is reserved by the Company. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October A. L. 1 yil. COMMERCIAL STANJ3-Al INSURANCE COiVIPANY ~. //~~ ~., BY------- -----------------------L----f--- -------------------------- ----•- --------------- ---- V. M. Gilmore, ~Iicr. President At a rehular meeting of the Board of Directors of the COMrvIERCIAL STANDARD II~TS'JRA\'CE CO:~TPANY held at the office of the Company, in the City of Fort Worth, Texas, on the 22nd day of July, 19G6, the following resolution ~~•as adopted: "Resolved That the Chairnian of the Board, President, Vice President, Secretary or Treasurer of this Company be and t'r.ey are hereby authorized and empowered to make, execute ar,d del:'ver in behalf of the Comrany unto sach person or persons resiciir,g within the United States of America, as they may select its Power of A~orney constituting ar,d appoint- ing each such person its Attorney-in-Fact, with full power a~;d authority to make, execute and deliver, for it, in its name and in its behalf, as surety, ar.y particular bond or undertaking that may be rewired 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 he undertaken by the Company, as said officers may deem proper, the nature of such bonds or undez-takings 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'l~'TY OF TARRANT I, E. S. West, Jr., Secretary of COMTvIERCiAL STANDARD INSL'RANCF. CO1vIPANY, hereby certify that I have compared the foregoing resolution with the original thereof, as recorded in the Dlinute Eook 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 itlE LIL PROFFITT Secretary a Notary of Tarrant County, Texas, on this day personally appeared V. 3I. 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 Notary Public, Ta ~ant''County, Texas 1, - ;~;';~.;'C~~ '` ~"~'~,~'~ Asst. Secretary of COMMERCIAL STANDARD INSURA:~'CE 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 STAND~.ItD INSUR- ANCE COMPANY this.........~.3.:tkl..........day of ..................Mar.ch...................-......, 19..72. r '.~ • ~ ~ Y ~ ! ( i r ::' ~. _ii~~~ y~x., yn Y •,f9nt ~ecr~,~~ry. ~i ~ J 8~` f .Bond #115397. . , BOND FOR FAITHFUL PERFORP~IANCE RANCHO RIOS DEVELOPERS, KNOW ALL MEN BY THESE PRESENTS , That I/We A LIMITED P RTNFRSNTP Principal, and COMMERCIAL STANDARD INSURANCE COMPANY , as Surety, are held. and firmly bound unto the City of Chula Vista, State of California, in the s um of SEVENTEEN THOUSAND THREE HUNDRED SEVENTY FIVE & 00/100 ~$ 17,375.00 )~ 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 `~ahereas 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 A.pr_il 13, 1943, known as the "Subdivision Nap Act" (Chapter 2, Part 2, Division 4, Business and Professions Code) and any amendments thereto, for the grading and surfacing of streets and the construction of curbs, sidewalks and gutters and sewers, and other improvements, all as shown on the improvement plans for RANCHO RIOS UNIT #~+ ~ehich improvement plans are on file in the office of the City Engineer of_ the City of Chula 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- nec-L-ion with the execution of said contract; NOW, 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 tools, equipment, apparatus, facilities, transportation, labor, and materials, other than material, if any, ag-reed 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 wor}; of curbs. g~a.-t. rs ~trPC~tc? cat.Tay ~~d ~F~t~~ in strict conformity with the terms and conditions set forth in the con- tract hereto annexed, and shall pay or cause to be paid, all persons who perform labor for, or furnish materials to said contractor, or to any sub--contractor, in the execution of said contract, then this obligation shall be null and void - otherwise to remain i_n f_ull 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 accortp~=~nying the same, shall.~in any wise affect its obligations on this bond, and. it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the speCificat • s. Signed, sealed and dated March 13, 1972 RAPuCHOR_IOS DE OPER a limited artnership C'nMMFRf`TAT 4TAnTT1ARTl T~TCTTRonTr~ rnrrp~a~r BY: Thy Odmark'C mpan ,General Partner `• ~ __ Ted P. Odmark, President G y McElroy, A orney-in-Fact Contractor Surety ~ti,: ~. ~~ APPROVED AS TO FORP~? =~ ` City Attorney ~;_ PW-E-34 ~~p ~~~'s' ~- _-_ M-16]/SM ]0-71 Acknowledgment -Attorney in Fact STATE OF CALIFORNIA couNTV of SAN DIEGO ss on March 13 , 19_7~fore me, Margaret J. Duran 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 COMMERCIAL STANDARD INS RAM F 0 and acknowledged to me thathe subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY 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. ~ ~ ~ P."? ~*~ret J. nran~ Notary Public in and for said County and State ~'i ATE Oh CALIFORNIA :c, ', c: .a ti cot;~~rY ar__ San Diego ~ ss. o„_ 22 Mar eh 72 ,before me, the undersigned, u Notary Public in and for said County and State, personally ap}~cared Ted t . ~dmark known to me to uc the President, and ,known w +ac to be the _ Secretary of _111G_~_C1T1111~C COT11pa)~ ,the corporation that c~ecutcu the within instrument and known to me to be the persmis wiio executed the within instrument on behalf of said corporation, ~,+id corporation being known to me to be one of the partners of ~an_cho__Ro~D~eloL~~rs the imied txx ;iaru~ership that executed the within instrument, and acknowledged to me that such corporation executed the same as eh partner and that such pa ti hip executed sa e KATHRYN C. NEAL N;inn~ ('h}'I~e~l or 1'rinir+l) ~in+niy I'nLh~ in nn~l (+n' Nniil Cnnnly WWII ,ti~ulr rvoiary aea+ `~ P,r~~f,SUr,RFT J. DURAN NO'r=.kY F'~1dLIC - C,^,LIFORNI PfiI~ 1+ IFAI O`FICE IN ~" SAN DIEGO COUNTY 'i My' Commission Expires May 15, 1973 FOR NOTARY SEAL OR STAMP ,E~ .. F OFFICIAL SEAL o" ~ KATH F71(N C. NEAL °~ ~ NOTARYPUBLIC-CALIFORNIA ' ~,• SAN DIEGO COUNTY ~l~rGp'+~P My Commission Expireslune 11,1974 3773 Ward Rd., Ste. 6, San Diepo, Calif. 92116 Form- 72349 -Bond - Revised 10;1 . Co;m>~~~ vial ~~a~da>id ~n~~>i a~ac~ C~~pa~y FORT WORTIi, TEXAS KNOW ALL MEN BY THESE PRESENTS: That the COMI4IERCIAL STANDARD INSURA:~TCE 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 and ~tindertakin.gs covering the following obligations, in ant/ penal svm; guarantee- ing the fidelity of persons holding places of public or private trz~st, guaranteeing the per- formance of contracts other than insurance policies, and co-su~•ety bonds and reinsurance ar/regiments, and exec2~ting or guaranteeing bond. and unclertahings 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 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. 197I. COMMERCIAL STAN A INSURANCE COMPANY /, BY-------- ------------•------- `L~----- ~--•- ---•--•----------- V. M. Gilmore, +Vice President At a regular meeting of the Foard of Directors of the COMbTERCIAL STANDARD IIVSLTRANCE CObTPANY 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, Secretary or Treasurer of this Company be and they are hereby authorized and empowered to make, execute and deliver in be:'r.alf of the Company unto such person or persons residing within the United States of America, as they may salect its Power of Attorney corstitutir.g and appoint- ing each such person its Attorney-in-Fact, with full power and authority to make, execute and deliver, for it, in its name 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 be undertaken by the Company, as said officers may deem proper, the nature of such bonds or ur.dei-takings and the limits of liability to which powers of attorney may be restricted, to he in each instance specified in such Power of Attorney" STATE OF TEXAS COU:~'TY OF TARRANT I, E. S. West, Jr., Secretary of COMMERCIAL STANDARD INSURANCE COMPANI', hereby certify that I have compared the foregoing resolution with the original thereof, as recorded in the ;tilinute 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 Wo:-th, this 5th day of October, 1971. STATE OF TEXAS COUNTY OF TARRAI`TT BEFORE :~'IE LIL PROFFITT e~ Secretar~,~ a Notary 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 tl:e 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 ~- ~~ _- Notary Public, Ta ~ant'County, Texas I, _~>};~,~, _~r, d~i1`:L^ ten= Asst. Secretary of COMMERCIAL STANDARD INSURANTCE COMPANY, do hereby certify that4the 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 CO141MERCIAL STANDARD INSUFL- ANCE COMPANY this.........~.3.~k1..........day of ..................Mar.ch.........................., 16..7.2. /,,~ ~ F, ~ ;t + r ~~~ sistr~nl~ Secr~,~E~ry. ~~~ ~~ . Bond #115397 . ~p~, ;+ ~ ~, , RANCHO RIGS DEVELOPERS , I ~,O6', hT~~~ _ y ~,sT `? t -_~~?~ F ;J~'; ~_,'P;; , 1`tt~.t. I j GVe-~T,TMTTFn PARTNERS HII? _.___... --__._-_-_.. _. _ .-- t,~e core:tr~~~ctcr ir: the c;:,Y,+.~_ act :~~:-- u;-, ~ ~~-~~ ~ - - ,, _ _ ~_ _ ar_n,_te~~,, a r=~ inci.l.al, anal COMMERCIAL STANDARD INSURANCE COMPANY a.~ Su ~` _~y ~. rc , , , _ ____~_~--------__ _____.__~__._._ ~ ~-r.__ ___._.____ ____.~____, ~.._ ~ c~ arld f.lrliily }:JU:'lj.Ci L.1~U t}~'_ Ci'L'v C1~' CtiI13J~? V1S'!'A, a rr1L1n1ClY~~i]. Cur}.`.Ur:1~J_C~~?, 1_ocated in San Di ago Coup;, , Ca1_iiorni_a, in the sum of SEVENTEEN THOUSAND THREE HUNDREDlSEVENTY FIVE!& 00/100 ~~ ($ ~~17,375.00~~ `) ~ Iawf.ul money of the United States, fcr ~~'h1.Ch payment, Well a.nd truly to be made, ~;e }~tnc( ourselves, join~._ly and severally, firmly by t'r_ese presents, Signed., sea:f_ed and dated March 3 , 1972 The condition. cf the a}rove obl.igatl_on is that if said Pr~nc~~..f;al, as contractor in the ccntract hereto annexed, or his or its suhcontr~~ctc;r, fails to pay for ant- m~:;terial, pro~..~isiorls, provender, or teams, u~,~ c in, upo~r, f_or or about t}1e performance of the work contracted to be done by said contr_a~~tor, naln.e].y, i_-o furnish all too].:;, eq,,pment, appara'~.;~s, facilities, transportatlolz, labor, and materi a!., Other gran mzter~.~.l, ~_~ any, agreed to be furnished by the City, necessary to perform and. corn~;le~c_ and to perfcrr,-~ and coriplete in a good and ~~~orkmanl.i_ke manner, th:~ ~~~o}-r; CURBS, GUTTERS, STREETS, SEWER AND WATER (RANCHO RIOS UNIT N0. ~+) t In Str1Ct conforr~lar~oe ~:'i til t~-:e tE'ri11g and COrldi t1OnS SE'.t 1LUrt}"i 1r1 t}1 C'. CC`Yi" tract I~ereto annexed, or far any :•,crk cr lahar done thereon of ally k]_n~ , said Surety wi 11 pay the s~~TMe in an amount not exceeding the sum rier.e_i;,- above set forth alld also, in case suit. is brought upon this bond, a reasonable attorney f_ee to be fixed by the courts. This bond shall inure to the benefit of a.ny and all persor_s, companies, and ccr;~orations entitledd to file claims under and by virtue of the provisions of ar_ act of the .IJeg~_JlatlAre of tree State of Cali- or_nia entitled "An P.ct to Se::ur~ the Payment of the Clai:l:s of Persons Employed. by Contractors upon :'u};l.ic Works, and the Claims cf Persons ;aho Furnished i~taterials, Supplies, Teams , Implements or ~'Iachinery Used. or Consumed b~.T such Contractor_ s , ir. the Performance of Such DJorks, and Prescribing the Duties of Certain Public Officers ~,~ith Rospec-t T~~er~to," appro~-ed ~!ay 10, 1919, as ai~lel~d~~d; and the sa~_d Surety for_ ~~alue received 'Hereby sti~,ul.ates and agree. th~~`~ no Criarige, extension of time, alteration or c~.eiditi_on to the terms ,_,r the cor;tr. pct or t:., the work to be performed thereunder, or the speci.`_i_ca.t5_c~ns acccrllpanyin-ti the same, shall in any wise affer.t its obligations or. this bond, and ~.t does hereby tiaai_vc notice of any such changes, extension o` >time, alteraticr_ or a~dditian to the terms of the contract or. to the ~~,~or.k or to the specificat.ior~. RANCHO RIO DEVELOPERS, a limited partnership By : The ark Cotl~any , ene----ra-I- Farmer !~ Ted'.-~b~sna-rk; 1'-resi`ae- nom---` COMMERCIAL STANDARD INSURANCE COMPANY BY: ~, L Ga B . cElroy , At erne -in-~ act Contracto.r'_ .-______ I~PPROVEI~ As -TO FORIY: 4 ~' '. ~' ~. PL^?-P-3 Surety ~~ ~ ~, ~kS~. ~:<~. ~~.'~- ~,i; San ~ie~o ss. 22 Niar rn 72 Un__- _____ ___ ,before me, the undersigned, ., Rotary Public iu and for said County and State, personally up;cured Ted P, ~C1T17aZ'k ,known to me to :,u tha President, and_ ,known to ne to i,e rise _ Secretary of l~C_~'1Ci111a.IC_~'0111pa11~1 _ ,the corporation that ~~~ecutc,i the within instrument and known to me to he the persons whu useruted the within instrument on behalf of said corporation, quid corporation bring known to me to be one of the partners of Rancho i~ios_Deyolo~ers.,_the~m~ed txx ,,aruia~~;iih that exi~cuicci the within instrument, and acknowledged to me tha' sur6 corporation executed th same as such partner ;u~d that sue ~ u ulersi~ip exec~e say r i KATHRYN C. NEAL :carne (Typed or Printed) \otary Public in and for said County and Stutc Acknowledgment -Attorney in Fact FOR NOTARY SEAL Oil SIAM? o. >ti~ OFFICIAL SEAL KATHRYN C. NEAL ra ~ NOTARY PUBLfC-CALIFORNIA ' SAN DIEGO COUNTY ,~o,m~ MyCommissicn Expires June 11,1974 3713 Ward Rd., Ste. 6, San Dienn, Calif. 9~>>fi STATE OF CALIFORNIA ~ SS COUNTY OF SAN DIEGO On March 13 19 72, before me, Ma.r~aret J. Duran 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 COMMERCIAL STANDARD INSURANCE CO . and acknowledged to me that he subscribed the name of COMMERCIAL STANDARD INSURANCE COMPANY 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. ret J. ^^ 16'5^^ ,°-" ~ Notary Public in and for said County and State Notary Seal ."'~ ~ ~ ~~ ~ a=-, rat~.senl..,.-.. ~ M,A, s'. 1' J. DUftAN ~` _ NOTr^:e<'~ ?i.i: i:C - CAtfFJRNIA t. •3 _. `-V~, ; R1i~CiPP.t OFFKE tN t~ ~~ ~` ~ ~ ~ C1cG0 COUNTY ,S ct;;.1 = My Commission Expires Pa;ay 15, 1973 •, _~ 3_.•:.......:w :................ Form °2349 -Bond Revised 10;1 • FORT 4JORTii, TEXAS ~~~T~~ ~~ ~~~'~~~ 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 crake, 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 Fonds and ~cndertakings covering the following obligations, in an:~~ penal sum; guarantee- ing the fidelity of persons holding places of pT~blic or private trust, guaranteeing the per- fo~°7nance of contracts other than insurance policies, and co-surety bonds and reins2tirance agreements, and executing or guaranteeing bonds and unde>•talcings required or permitted in all actions or proceedings or bg law required, not in e:~cess of .$500,000.00. In the State of California This power shall remain in full force and effect until cancelled o~ 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 STAN A INSURANCE COMPANY /` ice--- ~ BY-------- -----------------------t----~---- - -----------/ ----- -- - --------------- V. M. Gilmore, ice President At a regular meeting of the P>oard of Directors of the COMMERCIAL S^1 A'~'DARD INSURANCE C0:~1P A NY held at the office of the Company, in the City of Fort Worth, Texas, on the 2?nd day of July, 1966, the follo•win,; resolution vas adopted: "Resolved that the Chairman of the Board, President, Vice President, Secretary 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 ,elect its Power cf Attorney constituting and appoint- in~ each such person its Attorney-in-Fact, with full power and authority to make, execute and deliver, for i±, in its name and in it; behalf, as surety, any particular bond or undertaking that may be required in 'the specified territory, under such limitations ar,d restrictions, both as to nature of such bonds or undertakings, and as to limits of ]lability 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 ur,dex-takings 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'\'TY OF TARRA\'T I, E. S. West, Jr., Secretary of COMIVIERCIAL STANDARD INSI'RANCE COMPANY, hereby certify that I have compared the foregoing resolution with the original thereof, as recorded in the 14linute Book of said Company, and that the same is a correct and true transcript therefrom. Given undex• 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 PROF FITT Secretary a Notary of Tarrant County, Texas, on this day personally appeared V. M. GILi1i0RE ,Vice President of the Commercial Standard Insurance Corr~pany, knov~~t to me to be the person whose name is subscribed to the foregoing instrument and acl:rowledged 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 pan "County, Texas I, ---''-:: _;'t;~ ''z"~'- ~ = -Asst. Secretary of CO:IIMERCIAL 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 CObIMERCIAL STAidDAIiD INSUT- ANCE COMPANY this.........~.~:t*kl.........-day of ..................Mar.ch.......................---, 19..72. a :~ ~f i ~ ,/ / /) --- •--•- ........-y~t:'~ ':iYi'.~. i~-.sib ~ f.l,'sa%r~ ................ 5ecr~,£`~ry. p- ~~ ~ a ~ J/