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HomeMy WebLinkAboutReso 1971-6225Form No. 352 Rev. 11-67 RESOLUTION NO. 6225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT: FOR THE COMPLETION OF IMPROVEMENTS IN F.B.M. SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, TOWNHOUSE PROPERTIES, LTD., a limited partnership, dated the 21st day of_ Septemb~_r 191, for the completion of improvements in that certain subdivision known as F.B.M. SUBDIVISION, a copy of which is attached hereto and by reference made a part here- of, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presente. by Approved as to form by ~~ / -~._ _ , -~ -. ,~ ~) ~ ~ ,., ~~f Lane F. Cole, Director o George 't3.~Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the CLTY COUNCIL of VISTA, CALIFORNIA,- this 5th , day of October following vote, to-wit: the CITY OF CHULA _, 19 71 by the AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTEST 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 ~(S{ day of Se p fe,~n tie R 191 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and TOWNHOUSE PROPERTIES, LTD., Fred B. Mitchell, 615 Ash Street, San Diego, Cali- fornia 92101, 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 F.B.M. SUBDIVISION, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, 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. 6027, approved on the 13th day of April, 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 Drawing No. 55-23, 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 FOUR HUNDRED TWENTY- THREE DOLLARS ($423.00), to which ten percent (100) thereof has been added, which estimate is attached hereto, marked "Exhibit A" and made a part hereof, and WHEREAS, the estimated cost as approved by the City for the installation of all monuments is attached hereto, marked "Exhibit B" 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 - 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, zt 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 FOUR HUNDRED SIXTY-FIVE DOLLARS ($465.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" 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 TWO HUNDRED ELEVEN DOLLARS AND FIFTY CENTS ($211.50), to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked "Exhibit D" 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 FOUR HUNDRED DOLLARS ($400.00), to secure the installation of monuments, which security is attached hereto, marked "Exhibit E" 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 - ~~~~~~ 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. ATTEST SUBDIVIDER: TOWNHOUSE PROPERTIES, LTD. Approved as to form ]~ Attach Notary Acknowledgment here. ~~~ - , City Attorney .~ ~~~ ~ - ~- THE CITY OF CHULA VISTA ~r:ate of: California County of: San Diego SJ. On this twenty-first day of September me personally appeared L.A. Stewart President and Dc President, Fred B. Mitchell Company known to me to Partner of the limited partnership that executed the and acknowledged to me that such limited partnership 1971 before .n 0. Mellon, Vice be the General within instrument, executed the same. DT ~ ~ ~ ORNIA ~ ~ n 1 N ~ ~ ~ ,Y"3L- TY y Notary Public _ My Commission Expires Dec. 13, 1974 ° OFFICIAL SEAL ~,~~ ~ JANICE M. SCHMI ~,,~.,+~ua,y % NOl'ARY PUBLIC -CALIF r. rn, ~~ PRINCIPAL OFFICE cx? K" SAN DIEGO COUN ~w LIST OF EXHIBITS Exhibit "A" Estimate of Cost of Construction of Public Improvements Exhibit "B" Estimate of Cost of Monuments Exhibit "C" Improvement Security - Faithful Performance: Form: Amount: Exhibit "D" Improvement Security - Material and Labor: Form: Amount: Exhibit "E" Improvement Security - Monuments: Form: Amount: Securities approved as to form and amount by F ~ ~' ~ ~ ~ ` ,-, ity Attorney ,, Improvement Completion Date: ~--~ ,_ -1 _.~ _ BOND No. 1799856 . ~ ~ The premium charge for trlis bond is $15.00 T~~ r-i. ~.:~,:i6" 1,I.;I, d~~ _. ~?` `:.' ...~.~, ? .,~,c _ }_^~, `_~'il ~ I/t?t~ T0.^~NHUUSE PROPERTIE,>, LTD. ~~rin,~ipa1 , =.:i~i T"rIF, TRAVr'LL,'RS ITdDE:A'~JITY CO~~PANY . "e ~ dr u::c'1 ` <~ `1 r . , , t . . :1t .C, ar-id firmly bound unto the City of `hula Vista, `'~a.te of C<_ ~_i_:%OY'i=~-+ ri, irl + ~ ~ - xFOUR HUNDRED SIXTY-FIVE e~~1D ~.h~ ~,un: of NO 100THS ~ ~- -; -~ -~ %~ --~ ~ (.~ 465.00 ) , l.a'.~ful n:Oney Of tTle i,Trli_te~ tc,tc::~, iC!:~" tT"1~' paVliieIlL' Uf ~1'_'11G`}1 Shill, ~•~e 11 c.nci truly to ire made, we bind ourselve s, ;ci_ntly and s:~ve ra.ll~%, firr~~l•,~ b~- these presents. Tl~e condition cf the foregoing obligation is sucl-~ that:. c~'r_ereas said Principal(s) has-have erlfered into or is-are about to enter into the annexed contract. ~~~~ith the City of Chula Vista, 1?ursuant to trle aut}lority of an act of the legi.sl~,ture of the State of Califo?-nia, appr~~ved ~~ril 13, 1943, knU~~n as trio "Subdivi si on P'ap P.ct" (Chapter ?., Purt 2, division 4, Business anct PrefeS5lUnS Code} ~lrld aZ7V amUnCilTi^nt £ thP_rE'tU, f.,r ~~U grading and surfacing of streets and. the construction of curbs, sidc:c~~alks and gutters and sewers, and other iniprcve7nentti+, ul_1 ati sho~,;n cn tho improvement plans fc~r _ F.__B. M. SUBDIVISION w:iich improvement plans aa_e cn f.7e in the o=fi_ce o~ ~.}ie City Er~gi.ne~r~of thc~. City of. Chula. Vista, acid the payment therefor by }?rincipal (s) and; ~tiiler.e~:.s tho Principal(s) i.s-are required by said City to crive this bons in con- nection ~ai.th the ex^cuti.or, of said contract; N04~3, `!H~'l:x~'ORE, if said Principal, as Contractor i_n the c:.~ntrac'c hereto ann`x•~d, srlall fu~t}lful.ly perform each acid all of tt?o con~i:~lc;ns Of Sal.d ccntrac~ t0 be ~~E:1'OrmE'd bj% li.Tit, and s}la1.l fuI"n1_,~}"i c i_1 '~UOl.>, egUl.p:ront, app~.ratus, facilities, transportati.On, labor, and 7?.a _'r1_als, other than material, i.% any, agreed to be furnis}led ry the Cit-~, nece:;- sary to perform and cor~ple'.~e and to perform and complete in a good arld workmanlike manner the work of_ F. B. M. SUBDIVISION in strict conformity y~itll the terms acid conditions set forth in the c,r- tract hereto annexed, and shall. pay or cause to be said, a1.1 persons who perform labor far, or fu.rnisil materials to said contractor, or to an~- sub-contractor, in the execution of said contract, then this obli_c;t~ti~~r. shall be null. and void - otherwise to remain in full force and effec±; and the Surety, for value receiver?, hereby stipulates ~~.n d aq~-~es tha.i~ no CT'iange, eXtenSi.Orl Of tl.me, alteration or addle ion to t.h^ terms o` t!:e contract or to the ~•Jork to be perfarrned thereunder, or t`_l~ s eciii cations accompanying the same, shall in any raise affect its obligations on this bong, and it does hereL-y waive notice of any such change, extensor, cr time, alteration or addition to the terms of the contract or tc the ~•:orT; or to the specifications. 'TOWNHOUSE PROPERTIES, LTD., Contractor THE TRAVEL~~ INDEA'II~IITY CO~~PAPJY i __.-' %~ Lora an Surety Attorney-in-Fact ?iPPFOVEL P:S TO TORT-?: r ,~ ~ ~ ~ ~ ~ '~.__ ~ Lew ~ . ., . . ~ ,..,; _/t _ __ _ ~ R l_. l.t ~} l.~rne~= p i .7 _ T,' ., ~.,-34 -/Y_. State of: California County of: San Diego SS. On this 24th day of September 19 ~l before me personally appeared Don O. Mellon Vice President of Fred B. Mitchell Company known to me to be the General Partner of the limited partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. ~~N~~~~IM~M~IIIIIJI~I.I ~~~~~~~~~ ~ - a ~"`-:~' OFFICIAL SEAL ~, ~ JANICE M. SCHMIDT ~~~i~, NOl'ARY PUBLIC -CALIFORNIA ~~•>;;-." ' PRINCIPAL OFFICE IN ~`A ~.~" SAN DIEGO COUNTY MyyCommission Expires Dec. 13, 1974 State of California County of San Diego I S5. ~ _ ~~' ~ 1 No a y Public On this 20th day of SentemhPr 19~]._, before me personally came to me known, who being by me duly sworn, did depose and say: that she is an Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to her in accordance with the By-Laws of the said Corporation, and that She signed her name thereto by like authority. ~ ' -° ~ ~ - -~ • . , !~ I, \ J. A. ~J biEl r:R ~" %4 ~ ~ „ j , „ , ~ y (Notary Pu61ic) ~ IWy~commission expires f-498 Rev. 2-53 GRI NTED IN U.S.A. ~~-'~ ~i" 1~/ The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY gNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Lora H. Mahan of Sa,n Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: AxTtCt.E IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insrrance Executive Committee, any Senior Vice President, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined cr limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney- in-fact or agent and revoke the power and authority given to him. Axrtct.E IV, St:cTtoh l~. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretar}~ or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter- signed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under- taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 19th day of March 19 7~ THE TRAVELERS INDEMNITY COMPANY v~a5- ~N o EMN~r~ gy ~Y, ~.. , n ~ SEAL 3 G~ , Secretar Suret * y, y State of Connecticut, County of Hartford-ss: On this ~9th day of March in the year 1971 before me personally came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration;that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. ~,N:,S~MFRL Jam. ~ ",~t~v ~; NO~ARY'~:~ .. +-' PUBLIC # CONNECT~OJ~ Notary Public My commission expires .April 1, 1971+ .S-1$69 FEINTED IN U.S.A. 3]t //~./ ~~a, J \OVCr~ CERTIFICATION I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 20th v'~,5~`NDEMN'r~ SEAL ='~ ~yf'' '* ` ',*~ , day of September 19 71 Assistant Secretary, Surety 5-1869 (BACK) BOr<D r~o. 1799856 . :1~I0 •' AT.~-~, M~:~1 ~'~<< '~ ~ S?~ ~' _ ~1; :~ , `i'~i~a ~ j PY~~ TOhNHOUSF~ PROPERTIES, LTU. th:~ con'~r~~~tc~_ in ~}ie~co~rt_ract .icr_to anr.c~.,_c•d, a:- rr~nci.t~al, an. c?. THE TR~1Vr;LERS INBIJfi'INITY CONiFArdY as Su r~ ty , are :: 'rr ~ 1 c;. and firmly bound u:r~o th=: CI'1Y Cr CtiU_~~=_ VIS`T'A, a municix~al. corporation, ~_ocatcd in San Di cgo C'or:alt~~ , Cal.i~arn~_a, i_n the sum of '~iJO HUNDRED THIRTY-THREE AIdL~ N0~100THS~` -~ ($ 233.E o .___.-~._.__---________._ P__-__ _____-- -) , I awf a , men - y c f the United States, for ~^hich payme?-rt, well G.nd truly i:o be macae, ~,re '~irlc7 oursel~•es, join±-.ly and sc~veral.ly, firmly by t'r_ese presents. Signed, seai_ed and dated SEPTE2+IBER 20, 1971 The condi_ti;,r_ cf the abo~~e obligation is that if said P_rinc~ ~~al, as contractor in the contract hereto annexed, or his or its suhcontr_~~c~c_. fails to pay for any material, proVlslonS, provender, or tealns, us•ar in, upo;~, f_ox- yr about: trio per `ormance of the work contracted to be done l~v said. contractor, narn.Ll.y, i_o furnish all tools, equipment, apparatus, facilities, transportation, labor, and mate,_i al, ottirer than mate,-i.a.1, if any, agreed to l,o furnis~red by tare City, necessary to perform znd. corn.,:1.F~~t and to perform and cor.~plete in a good ar.d e~orkmanl.i_ke manner, trr~ ti•~or'r: or ; F. B. M. SUBDIVISION In Str1Ct COrrfOrltlcii:.° ~?i ti tr:^ tel'i?1S aIld COI1dltlOnS Se'G forth 1I1 trlc' CC~Ii`- tract herf:to annexed, or fcr a.ny ~;;or_k or labor done thereon of any king , said Surety will pay tlic same in an ar~lount not exceedincl the sur:l herc~.i;,~-- above set forth and also, in case suit. is brought upon this bond, a reasonable attorney fee to be fixLd by the courts. This bond shall .~_nure to the benefit of a.ny and all persor:s, companies, and ccrporations entitled tc file claims under and by virtue of the provlslons of an act of the Leg~_slature of the State of California entitled "~1rr A.ct to Se cur.c~ the Payment of the Clai,~.s of persons. I~mployed by Contractors upon ''ur;la.c Worns , and the Claims Cf Persons WnO Furnished I~taterial.s , Supplies , Teams, Implements or A4achlnery Used. or Consumed by SUCK Contractors, in the Performance of Such 47orks, and Prescribing the Duties of Certain Public Officers ~~Ji_th Rosi ect Thereto," appro~°ed Pray 10, 1919, as arlen~~•~; and the said Surety for ~~alue received hereby° s-~S_pul.ates and agree; tha':, no change, extc-nsion e* time, alteration or ?ddi tion to the terms ~~>r t~r.e contract or tc the wcri; to be performed thereunc?.er, or the speci`_i_cations acccmpanying the same, shell in any ~a~_se affect its obligations or: this bond, and it does hereby vaaivc notice of arty such changes, extension o` • time, alteratior_ cr addition to the terms of the crntraCt or to the ZArork or to the specifications. TO~n'NHOUSE PRCPERTIES, LTD. THr TRkVl;Lr~S INDEMNITY COr-1~~ArJY Lorac Imo. -Mahan Attorne~ct ______ C.O i1 t.,_ rl C, t 0 r _...__ _,... ___._ SUl"P_+:y I~PPROti'FD AS TO FORM: _._____ O ~. ~. ~% /- -- ~~ / ;- State of: California County of: San Diego SS. On this 24th day of Se~temb_r 19~_, before me personally appeared Don 0. Mellon, Vice President of Fred B. Mitchell Company known to me to be the General Partner of the limited partnership that executed the within instrument, ~~-__---_- OFF1GlAL SEAL ~~~_ JANICE M. SCHMIDT ~4 ~_~$ NOIARY PUBLIC CALIFORNIA Zs~j~i~r '~~ PRINCIPAL OFFICE IN ~``~`. '~ SAN DIEGO COUNTY My Commission-Expire~~~ 13 t such limited partnership executed the same. Notary Public ,~. State of California County of San Diego ss. ~~~+~, day of September , 19 7~ , before me personally came On this Lora H . Mahan did depose and say: that She is an Attorney(s)-in-Fact of The Travelers to me known, who being by me duly sworn, she know(s) tfie Indemnity Company, the Corporation described in and which executed the foregoing instrument; that seal of said Corporation; that the seal affixed to said instrument is such corporate seal; thshe wa sis ned h<d by aut Harms granted to her in accordance with the By,Laws of the said Corporation, and that 9 thereto by like authority. ~-% `~ (Notary Public) i _ My commission x-498 Rev. 2-53 PRINTED IN U.S.A. ~~ ~' , The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY g1~TOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Lora H. Mahan of Sa.n Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: Attrict.>r IV, SECTION 13. "fhe Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined er limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers nay remove any such attorney- in-fact or agent and revoke the power and authority given to him. Axrtcl.E IV, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, an}' Senior Vice President, any Vice President or any Second Vice President and counter- signed and sealed, if a seal is required, by a duly authorized attorney-in-tact or agent; and any such bond, under- taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof ;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same torte and effect as though manually affixed. IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 19th day of March 19 71. THE TRAVELERS INDEMNITY COMPANY ~~S ~N~EM,1,~ ~W ~ ••• ,; 0 ~ SEAL .'•'3 ~~ `~ Secretary Surety * , State of Connecticut, County of Hartford-ss: On this 19th day of March in the year 1971 before me personally came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. ~N::S~MF4L i ~~,: ~~ ~; NOTARY ~:1° 'k '. PUBLIC OONNECT~OJ~ S-1569 FEINTED IN u.s.a. 371 ~~ccx~,~2~cc~ Notary Public My commission expires April 1, 1971E /K 1~~.,2 S cover) CERTIFICATION I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 20th ~ .~ ~ 5 EAL ;,3 r • a d,S1. *+ .`*~i day of September 19 71 . Assistant Secretary, Surety 5-1869 (BACK) r „~._, ,.., _ TOWNHC t.^1'? V =~ T ~l~ ,' 'ti '1',I~Sr~ ~ ._~;~r,;:~ r `!''}l:`•~ i/;'rF; UAL PROPERTIES, LTD. a: th<-~ suf~ciividc.r allu. F.i-r.oi.~;~=~_; , ~n~a the THE TRAVFLLkS IND~IITY COI~'~'ANY ~r _ :_ - CONNECTI~UI' } ~' ~ , as Surety, n'cf~ i:Cld. :3 rid f17"Tnl~' i~G'.?i:c?. L?nt0 }"he Clty Gf ChL11a ~ST~_.~tC., a mLirI1C1~7a1 COr:4_=~0.:=ct10:1, 1ri tai!' COLlnty C~: San D1E:~0, ,rit:.'~ t~ Of Cci1.lfGri7~_d., ani. tU arld lOr t~l~? ~~E.IZGflt or any ar_d a:._1 perso.r.s ~aho may suf~ er damage by reason of the b-rea.ch of tine condit:;~.ons ~~er.Esa~-, in ta..e penal suzr, of~FOUR HUNDRED tiND NO/100THS %~ ;; %: '~ ($400,00 ~~~) ]. a.,;ful money cf the United States of Ameri c~~, to he paid to the said City of Chula Vista. Y~:I3ER~AS, the said Pri_r,ci_pal is prescr~tly engaged in su!>dividing certain lands to be knGwn as F. B. M. SUBDIVISION Cubdivir~_on ir. t:he City of Chuls. Vi stU, i n a::cordance with the Contract fol ColnG~letion of Tmpr_ove:nen~s authorized icy resolution and W21,F_',J~}'i~v, the SalC1 ~~r1n.^1p~.1 dEs7_re.`~' :!Ot. tO sUt C~.i.17'abin r~;~?n'..iT`1F'i.t° prior to the recorc:at:;_cI: of the finU.l ma.p of the aubai~i lion and aesiY~s to get s4n,:: a~. .. 1~:.~_e_ c:iat~=., P~OY~~, ~~'HEREFOF~E, file condition of the ati~~ove Gbl.i.gatior_ is that iL the Principal shall have set durable rr,onuments of the survey by RICK ENGINEERING ____ (n ar, ~e ~c ___ ~ _~._, as per 'she final map of sa. id subdi_visi on, a copy of Engineer) ;a'rIi_ch is on fi1.e cdi th the City Engineer of tree City of Chula Vista, refer- ence to which said .neap is hereby made and sane i_s in_corporatecl herein as thcugh here set fortr~ in full, and according to the ordinances cT the City of Chu?_a Vista in force and effect at the timo of giving of tti-l-s bond., on or before the expiration of thirty (30) consecuti_~~'e days foll.o.•:inc •completi_on and acceprance of public improvements within said. subdi_viSion, then the Gr~1i_gation Mall be void, cther~,~;ise to remain in full. force and effect. 7IQ WITi3ESS G•7~-iLIEO,~, tide said Principal and Surety have hereunto set their hands , this 20th day of SEPTEMBER lg 71 ~~- ~ T01r`iNHOUSE PROPE~,TIES,,,L~D.-~ ~, ' , j%~ d' C'i ty At :_o7-I~ey Ptw-E-34 ~ _~ B TRAVL - 5 INDENSIITY CO?~'ANY -~___~_---- ~~- (S u r e t v) - . Mahan Attorr_nv-i.ii-Fact BOND N0. 1799855 The premium charge for this bond is $15.00. ~~~_~ _ State of County of: SS. On this 24th day of September 19 71 before me personally appeared Don O. Mellon, Vice President of Fred B. Mitchell Company known to me to be the General Partner of the limited partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. f.~_°•.., „ ~~,,~,, OFFICIAL SEAL JANICE M. SCHMIDT '. ~ . '~*(: ~: ~ o No1ARY PUBLIC CALIFORNIA . ~n~r~'%,: PRINCIPAL OFFICE IN ~'.' . ;, i ,,~;;;::,~+~ cAN DIEGn rp~!NTV o.~ My Commission Expires Dec. 13,:,i9J41 ~ ; 'K~0 PvJhPI~II N9IN'PtOtIINViPI~7W~NJ--Y ~ State of California County of San Die;?o On 20th } ss. Lora H f Notary Pu lic ay of September , 19~, before me personally came to me known, who being by me duly sworn, did depose and say: that she i° an Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to her in accordance,W#h,#h~.By-hpws.of-tbe sail Corporation, and that she signed her name thereto by like authority -w=- ~ of~, , ~ ;FAI ' ~ is y, J. A. WIEMEYER =: ' s ~J" 7~AaZV ;+'J IC ~~A~,O•'N!!> ,.'~~Z- / ,r~~l f'x~/.~~,~..1 / ~~ aR!NC+rAt o~~~cF !N ~ (Notary Public) -son Expires June 13, 1975 My commission expires 5-498 Rev. 2-53 RRI NTED IN D.S.A. 1 ~~ ~~~ ~~ The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY gPTOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Lora H. Mahan of San Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV, Sr:cTtox 13. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined er limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers nay remove any such attorney- in-fact or agent and revoke the power and authority given to him. AxTICr.E I V, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretar}~ or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter- signed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under- taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their powrer or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VorEn: That the signature of any oflicer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company wlth the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 19th day of March 19 71 THE TRAVELERS INDEMNITY COMPANY vv~S. W ~ EMN'r~ 13y ,W -. • ~, ', p G/~~~ ~ SEAL t r; ~~3 -. ~ ~,~ ~' * Secretary, Surety State of Connecticut, County of Hartford-ss: On this 19th day of March in the year 1971 before me personally came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration ;that the seal affixed to said instrument is such corporate seal ;that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. J ,•' ~<< ~; NO=ARY ~:'^ * ^. PUBLIC CONNECt~GJ~ S-1569 PRINTED IN U.S.A. 3~t x Notary Public My commission expires April 1, 1971+ ~/ ~,~~ (Over) CERTIFICATION I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 20th ~ SEAL ~ O r ~3 dyr., * ~ .~'*~ day of September 1971 , l~~;W 2~".,,~,~ Assistant Secretary, Surety 5-1869 (BACK)