HomeMy WebLinkAboutReso 1971-6258r
Form No. 352
Rev. 11-67
RESOLUTION NO. 6258
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN
RANCHO RIOS SUBDIVISION, UNIT NO. 1
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,
dated the 2nd day of November 19 71 , for the completion
of improvements in that certain subdivision known as RANCHO RIGS
SUBDIVISION, UNIT NO. 1
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
~,
Lan F. Cole, Director of George D. 'Lindberg, City Attorne~~~~~~
Public Works
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 2nd day of November , 19 71 by the
following vote, to-wit:
AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
~ -
'~-~ G Grp
~ - Mayor of th Cit of Chula Vis
ATTEST ?/~ZGZ~' i~ ~-
City Cler
~,
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amended or repealed.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 AGREEP'IENT
THIS AGREEriENT, made and entered into this 2nd day of
November 19 71 by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called '°City", and RANCHO RI OS
DEVELOPERS, a Limited Partnership, 3910 Chapman Street, San Diego,
California, 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. 1, 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-
pleter 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. 71-129D through 71-134D, 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 SIXTY-FIVE THOUSAND,
FOUR HUNDRED SEVENTY SIX AND NO CENTS ($65,476.00), to which ten percent
(10~) 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 -
~proval of the Director of Public Works, all of the public improvement
«djor land development work required to be done in and adjoining said
abdivision; and will furnish the necessary materials therefor, all in
trict cGnformity and in accordance with the plans and specifications,
hich documents have heretofore been filed in the Office of the Director
f Public Works and by this reference are incorporated herein and made
part hereof.
2. It is expressly understood and agreed that all monuments
ave been or will be installed within thirty (30) days after the com-
letion and acceptance of the required improvements, and that Subdivider
as installed or will install temporary street name signs if permanent
treet name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
ause all necessary materials- to be furnished and all improvements re-
uired under the provisions of this contract to be done on or before
he first anniversary date of the recordation of the map of said sub-
ivision.
4. It is expressly understood and agreed that Subdivider will
perform said improvement work as set forth hereinabove or that portion
~f said improvement work serving any buildings or structures ready for
occupancy in said subdivision prior to the issuance of any certificate
~f clearance for utility conr_ections for said buildings or structures
n 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
:tructures 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
=hat, in the performance of said work, Subdivider will conform to and
=bide 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
'ity of Chula Vista, simultaneously with the execution of this agreement,
~n appreved improvement security in the sum of SEVENTY-TWO THOUSAND,
~'WENTY-FOUR DOLLARS AND NO CENTS ($72,024.00), which security
-~ha11 guarantee the faithful performance of this contract by Subdivider
end is attached hereto, marked "Exhibit C" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
'ity of Chula Vista, simultaneously with the execution of this agreement,
-n approved improvement security in the sum of THIRTY-SIX THOUSAND,
~`WELVE DOLLARS AND NO CENTS ($36,012.00), to secure the paymen'~ of
r~aterial and labor in connection with the installation of said public
improvements, which security is~attached hereto, marked "Exhibit D" and
~~ade a part hereof .
8. Subdivider further agrees to furnish and deliver to the
'ity of Chula Vista, simultaneously with the execution of this agreement,
=n approved improvement security in the sum of ONE THOUSAND DOLLARS AND
PTO CENTS ($1,000.00), to secure the installation of monuments, which security
?s 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
r~ublic 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
~~a~
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
xpenses 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
=ny materials furnished therefor, except to the limits established by
she approved improvement security in accordance with the requirements
~f the State Subdivision Map Act and the provisions of Chapter 28 of
ti.he 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
::ith 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
corks shall be paid by Subdivider, and that Subdivider shall have de-
~osited 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
he 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 ali 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 nct 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 CHU .,.VISTA ,SUBDIVIDER:
~_ ~ Partnership
~ ~~,~ ~~ corporfi 'on,
Mayor of the City o Chula Vist ~
RANCHO RIO -DEVELOPERS, a Limited
By: The O ark Company, a California
C~en~ral P ner
ATTEST ,~ ~~if ~. ~ ~,.~, ~,,,_ ~ ~.
ity Cler}: By: Kathryn C. Neal, `Secretary
~:
Approved as to form by Attach Notary Acknowledgment here.
~ ,~
.~ n ~
- - _-
City~Attorney
~~~ ~ ~,~
_~_
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
~'
~ , . _ ..
,,
City Attorney
Improvement Completion Date:
«~
- 4 -
~ ~`~ i1 ~
TO 446 C
iCorporalio^ as a Partner of a Partnership) TI
~'I';1'C1~: nT C:ILIFORNIA
COUNTY OF Sari Dleg'O } ~~•
(ln Zl ~CtO}Jer 71
before
said ~rOe. personany appeared Ted P. Odmark me, the undersigned, a Notary Public in and for
Kath n
_President
and
ry C• Neal ,known to me to be the
,
_ ,known to me to be the
s:•i~relary ..r _ The Odmark Com
n~
a
e
p
the wi)hin insh'ument and known to me to be the peons who __
-• the corporation that executed
~~secut~~d the within insu'ument on behalf of said corporation
.
paid (~~n pol-anon being known to me to be one of the angers f
Rancho Rios Developers ipimrte
c~
h
th~partners ~p
Ihal r~eruted the within instrument, and acknow edged to me
I hat sorb rorporauon executed the same as such partner and a'mm~nmmmlumnnnunumnaomn
That such parlner~hip executed the same. unrnmmnun„ ~~~„
_ ~ ~nuurumm~imnnnnnnn~
Fr a,'G
L ?~At
~l'I l'NF.SS m hand anc official seal .
.
x =
~i~!a"'~~. ~ I ll'~`i ~ ,.f~ ; £.f~~Ie±Otl ='
~ignatu e ' ~' `~~ ~ ,,,~ ti •~" ~ ; I ~~~i IFORNIA
~ '
_
LILLIA A
_
N TEMPLETON • I ~n r,F~l,. ~ IN
~:+iN /
,a" , r c~ c^uvTV =_
M
_
Name I Typed or Printed) y Come-~~ s ^n arc lres luty 6, 1675
uwwwuumuuuninuu i nnuuua+nm~in~ne~ui,umuuunninnnumnuuunuuunTl
(This area for olRcial notarial seal)
~` _ ~ ~ ~~_
04~ t 12~- t o00136
~:.^~r ,~ :~l~:i-, I. ~ :~ .,,`± ~':'I-IF';~F~ i :;~ ~>""~' `1 ~~- gj~;:'~: RANCHO _RIOS DEVELOPERS
i .r .h~-'_ _ _
Americana Fidelity' Fi re~~
~<: ~!iC- .;U,JG_i.L _dC-r oil'y'- t-1I:Ci~'a_,_, uIld L}: F.,
"' ~ T~ ~ ~ _ v Insurance Company
a C'o_ _~~.at.~_on o- th._ ~~_~z~~-. of New York
, as Surety, ~rc~
i:C~l~.. ;in(] f aJ"T~il > uCiLll;<i 1'_nt0 try: Cl. t" Of Cllllla t'i !„1-%~ '~+~ ~ l r~ ~
+Y ,1 _,~_..r a m ,,1C1X.C-1~ COr{~0.._c.t10:1
lri tCi^ [,01_I'lty C* 5~ i? j71£`.~0, .Citc•.'.:.E Of California, aI"aE t0 aTid LOr tt:e bf.ncflt
cf a.ny and a'. ]_ per~-olls zaho may suffer damage by reason of the ~~r:ea.ch of
the eoncli+~.ons t~er.eo~=, in t:4~e penal stzm of One Thousand and no cents
($ 12000.00~__~) ]_a~vfu]_ money at the Ui:i.ted States of FTM~erica, to be paid
to the said City of Chula Vis',~a..
Y~:IIERT~.AS, the said Pri_r,oi_pal is presently ongared in subc!.ividing
certain lands to be known as RANCHO RIOS, UNIT #1 sut~divis~_or~ i_r_ t-he
City of Chub, Vista, i n accorlance with the Ccrltract for CaTn~~letic~n of
?n:provemenl:s autllor_-i.~ed icy resolution
and
~iliF''rZS~t'~S, the Sa.ld ~'rlnclpa.l desires nOt t-C? SCt c~uY'able mQnlameiltc
t~rl_Or t0 t'":E'_ reCOI`C:~It_;_OI7 Of t~7e final ir:1aT7 Of the a~ibrll'JJ_S10n and CiES:.?:'C'~
to g<~t s~:n,e a~. ~. la~~er cat:= ,
P~04'~ , ~i'iEREFOI~ ,
Principal shall have
Engineer)
;~hi_ch i.c. on file wit
file condition of the ak;ove ob1. i_gatior_ is t.at i_f the
set durable monuments of the survey by ~./J~
per the finial map of said subdivision, a copy of
h the City Engineer of the City of Chula Vista, refer-
ence to which said -clap is hereby Wade and same is incorporated herein as
thcugh hers set fort-~. in full, and according to the ordinances of thA
City of Chu? a vista in for-co arLd effect at ttie tim:a of giving of ti is bond,
on or before t'rIe ex~~iration of thirty (30) consecutive c.ays foll.o~•.in.,c
COIi1p1E'_t1071 andc?CC°_XiLc~nCP_ Oi public 1mprOVementS ~,aithin Sui.d. subdi_vi Slon,
then -:.rie obli.ga.i~ior. :hall be void, other~~;ise to r.en:ain in full force and
effect.
IIQ ~ti'I'1'PZESS j1riEI~;J^, the said Principal and Surety have hereunt ;'set
r,PPF,OviD f~~~-~f'-i; r--p'c„i: ~rorrnn~ rrnri ~-rv
~~~ ~~~ ~1 ~~ Ar'T~R'C'eTT*~-~T1vr4T-r'r- e
Ci ~y t~,~._o,-,,~,~~,,
their hands , this day ~~1f
------- ___.._.._.__~__ ~, 19_~~_ ,? i
~~,~~.~ d:..~~Y, ~V~~t~;-~`iL~ y .L' '1-^-,.,.'t'om
~3 ~.~.L~-~,~ c,~: f~~ ~.~~_%._~`L~_ ~ ~_(~r i n r i:p a 1_) ~'~1~2 5
f~ttornn In-Fact
(Surety) _
ST/r[ ie. OF CAiie OaZ~1L-, )4 ..- "",,,;-
so. ~1
County of 'San Diego ) ~'
o~ t3ia- ~ ~,Th day of November . ~ ~
in the year 19 before me. ~' ~',
3ane~ L~ Sanfilippb , a Notary public in aad for the County aad Stato aforesaid
a personally ''.
ppoarod RONALD GUY `
known to me '~
to be tho pcrr~an wboso acme is aubrcribod to t:u: wi,:aia instrument and knowa to ma to be tho 1
~.ttornoy-ia-: act of A.Y.ERZCAc`v FZI9F,Z,I(T•~ F IF..: INSURANCE COA2I'ANY. snd acloaowledged
to mo t1~at be aubacribed the Homo of the said, Company thereto a• •ure
' _ ty., aad bi• owa acme
as Attoraey-ia-Fact. ,. '~
.. ~~ _ ~..r i.,l - _ ,
~ , _ 'i t_
~-_
.. _
SAN DIt00 COUNTY
MY Commission Expires. Dec. 8,' 1974
~~
~~
~~~~~~~~~ ~~~- ~~.~ ~`~ ~6~~ ~~3S~R~1i~CE C®I~II~AIVY
Westbury, New York
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company, a Corporation in the
State of New York, leaving its principal office in Westbury, State of New York, pursuant to the following resolution, adopted
by the Board of Directors of the said Company on the 18th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board of Executive Committee shall have
authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms
or corporations as such officer may select from time to time."
does }iereby make, constitute and appoint Ronald Guy of San Diego, in the State of California, its true and lawful
attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl-
edge and deliver in its behalf, and as its act and deed, as follows:
Any and all bonds not exceeding 55,000.00
and to bind American Fidelity Fire Insurance Company thereby as fully and to the same extent as if such bond or under-
taking was signed by the duly authorized officers of the American Fidelity Fire Insurance Company, and all the acts of said
Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed.
IN WITNESS WHEREGF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its
President and/or its Vice-President, and its Corporate Seal to be hereto affixed.
AMERICAN FIDELITY FIRE INSURANCE COMPANY
+FIRE /,ysG
9'
o ~
NEW YORK
3
a
b~~b * *Na
State of New York) SS:
County of Nassau )
Luther H. Williams, President
On this 8th day of April, 1971, before the subscriber, a Notary Public of the State of New York in and for the County
of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company,
to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said
Company aforesaid, and that the seal affixed to the preceding instrument in the Corporate Seal of said Company, and the
said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now
in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Westbury, New York the
day and year above written.
~~.~
POE<N M' ROy~,(
(~
W ROTARY
Notary Public
# PUBLIC
~~~rF OF NE`N ~0? ELIZABETH M. ROSELLE
NOTARY PUBLIC, State of New York
No. 30-8643115
Qualified in Nassau County
Commission Expires March 30, 1972
State of New York) SS:
County of Nassau )
CERTIFICATE
I, the undersigned, President of AMERICAN FIDELITY FIRE INSURANCE CO. a stock corporation of the State of
New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains
in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at e Home Office of the Company, at Westbury, Long Island, New York. Dated this / day of
~ A.D., 19 ~~
`y FIRE /psG
9
0 'Z
NEW YORK n
J ~'
1
b~,K'b * 'aJ
Luther H. Williams, Preside ~~~ _~/
(Surety A)Bond No. 04-312 -1002209
(Surety B)Bond No. 40-1042
F;; . ~i', - r,l. i_, _' ~~ _. ~~' _ ~ _..... ~ ~ ~ '"~' ~ `'':: - ~ ~` '~ ~ RANCHO RIGS DEVELOPERS
(Surety A)AMERICAN FIDELITY FIRE INSURANCE COMPANY
~'ri.ncipa' -~:id.*(Suret B SURETY.. INSURANCE.~CO. OF. CALIFORNIA, gin; ~ `,u_: e-i.,.~ , a.;~e i~=~ 1.~,
-- _.___._.Y _- ~_ -- _ __ -_-- -- _._
=i.riC! f_l_riTll~` bi~U.I:C` tlIltO t:"ie `~1r.y Cf Chul~x L71~tc1, `'~c?tC O{ l,:r.J__COYi=:!.mot, iT"1
the suTr, of SEVENTY TWO THOUSAND TWENTY FOUR & NO/100-------------(a 72.024.00 ),
lavful_ money of the vrii cc_d. States, rc_~ tl~Ie payrent of ~;-"rich .um, ~:e1.1 any'
truly t0 iJ:? m~ldE', We ,~,1I~d OL1rSelsTeS, ~C117t1y cind sevcrall;~, f1J_T~,1~, }j~~
*which obligation shall be collectible only as excess of Fifty Thousand
the-.sue presents . Dollars ($50,000.00) , of Bond Number 04-312-1002209 issued by
American Fidelity Fire insurance Company.
`.I'hE' COIid.lti.Gr'i C:f thC' foreg0l.ric~ G.'011C;ation 1S St1Ci ti'lc`tt ~'Jhere~.S Sold
Principal (s) h~~s-have elltered into or is-are about to enter into tho'
annexed contract. `~:ith the City of Chula Vista, r?ursuar.t to t;Ie authority
of an act of the legi.sla.ture of the State of C:alife_~-nia, ar~~r~~ved R~r. i.l
13, 1943, kno,an as tho "Su.bdivi si_on P~.ap r~c.t" (C'hap~er ?, Part 2, division
4, F3L1S1nesS and ProfeSSlOriS COC.ie) ar'id anV c;.mOnci?C?^nt~. tfleret.0, f_; 1: the
grading and surfacing of streets and. the construction of curbs, side~~;~;alks
and gu.tter:~ and se~vE~rs , and other irn~~rcvement:~ , alI ati sho,an cn ±izo
improvement plans for RANCHO RIGS UNIT.#1 _ _ _ ~~~`Ii.ch
imp.rovem~~nc plans a~,.e oIi ~~~e in t.,ze o~-~ice~of the City E?~i~r_i_r~eerTo{ the
City of Chula Vista, a~Iid the paymont tzlerefor by Principal (s) and.; ~~,?-.er.e~-.s
tine Principal (s} i.s-aYe regui_r.ed by said City to e~ive this bond itl con-
rer_ti.on with the ex~~•utiori of sai ~ contr_act;
iv04'~, TH~'~it~~ORE, _Li sc.~d. Pr1nCi~,.:'c':l, as COI7iraCtOr 1n t?le C~:~'ltraC':
hereto arin~x~d, s'rit~il faithfully- perform each and. a1.1 of tkio conu.i;~%ons
Qf S2.l.d CCntrac::. t0 be i~E:1`;:OrIned bj~ ill.ri, anC~ Sr'ial.l fu7"I'.1_:~ri ~i_1 '~OOlS,
equi.pmcnt, app~:ratus, facilities, trans~~ortati_on, labor, and r~.at~.~ri_al_s,
other than material, if any, agreed to be furnished by the Cite, nec:-
sary to perform and complete and to perform and complete in a good alld
workmanlike manner the work of curbs~eutters_,_~r~etsT sewer _& w,~tQ..I~!__ !_
in strict ccnformity v~ith the terms alld conditions set for'`h in the con-
tract hereto annexed, anci shall pay o_r cause to be paid, {I.l persons taho
perform labor for, or fv.rnis~l materials to said contractor, or to an~-
sub-contractor, in the execution of said contract, t'rlen Ibis oblic_.~.ticn
shall be null. and void - other.•>ise to remain iIl full force and effecfi.;
and the Surety, for valt~e received, hereby stipulates ar.d ag~~ees th~-~.t. no
charge, extension of time, alteration or addition to the terT:is of t'~e
contract or. to the t•Jark to be performed thereanc~er, ar t`_z` s eciicati.ons
accompanying the sane, shall in a.r_y wise affect its obligations or. this
bond, and it does hereLy waive notice of any suc?i change, extensJ_OIi ~~>_~-
time, alteration or addition to the terms of the contract or tc the ~•.or};
or to the specifi~•ations • Signed, Sealed and Dated October 20, 1971.
~tANCHO RIGS DEVELOPERS
-~ J
Contractor
~PPR~JV~D F S TO j~C~ ,~,
C'l.ty i'1t:tOrI1P_~'
-...
caa
"+l
..,.
r
N
"~C
..
P G; -- ~ ; - 3 ~ t.~
AMERICAiy ~'IDE~ITY/ FIRE INSURANCE COMPANY
BY_~~jJ~C~~~~~`~i1r_,c~~..
Carlton Mann, Attorney-in-Fact
~URET~ ~N/S RAN COMPANY OF CALIFORNIA
Carltnn Mann. AttnrnPV_inI2ara________
SurFty
STATE OF CALIFORNIA, )
- ) •~.
County of LO6 ANGELES )
Oa this 2[Jth day of OCrol¢er in the year 19~Z1, before me,
ALLYN[: R. SAMUF;L, a Notary Public in and for the County and State aforesaid, personally
appeared f arl tnn M^nn lmow~n to me
to be the pereoa whose name i• ~ubecribed to the within instrument and known to me to be the
Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged
to me that he eubaeribed the name of the said Company thereto a~ surety, and hie own name
ae Attorney-in-Fact.
OFFICIAL SEAL ~~
ti
ALLYNE R. SAMUEL
~ NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
•" I.OS ANCCLCS COUNTY
My C.~mmissi^n Expires Aprif I4, 1915
Bond-No. 04-312=1002209
-,,,,
I:t~?Oj'? ALT1 ?~4~;i~i ~-~`._r "'~~t:S?~ P~~:;~';_:~:`:~~'S , `i'it:~t I j r`rc~ RANCHO RIOS DEVELOPERS
file Colltr~'G'~t<.:'~' 1n tlle.~ Cont;.rctC:t :iCr~t0 aI2riE'.i~'(, aS r' _i1C:..}ial, ci7l.C
AMERICAN FIDELITY FIRE .INSURANCE COMPANY ~__ ,____, as Surety , are ~::~ 1_c~
crud firmly bou,.d unto th CI`t~'Y Cr Cf~U~,~~, V1S`i'r~, a municipzl. corpor~~tlOn,
~_orated in San Di ~go Co>r1ItY,~, C~-. 1.iiorni_a, in the sum of THIRTY SIX THOUSAND
TWELVE AND NO / 100-----~- --~ -DOLLARS , ($ 36 , 012.00_~~,) ~ 1 aw f u i
----- rnon `~, o f
the United States, for ~•'hi ch payment, ~,el.l G.nd truly tc he made, ~:e bind
ourse_!ves, joint:ly and several:Ly, firmly by these presents.
Signed., sealed a.nd dated October 20~ 1971.
The condi_tior_ cf the abo~re obligation is that if said Princ.~~a)_,
as contractor in the contract hereto annexed, or his or i.ts suhcontrac~c~.
fai]_s to pay for ant" I~ater_ial, provisions, prOVender, OY tE_aInS, uS~'~'..' ln,
upon, f_or or a1-~out: the performance of the wor}; contracted to be done by
said contractor, nalr:ely, t.o furnish a_ll too1.C , equipment, appa.ra~~.us ,
facilities, transportation, labor, and mateMi al, other t1-Ia±-I material, ~_{
any, agreed to bo furnished k;y the City, necessary to perform and cor,~.-;let _
and to perform and complete in a good and e~orkmar.I.ike manner, the ~~~o}~r; cr
Curbs, gutters, streets, sewer & water
in strict cor:f.ormanoe ;.-i th tl~te terms acrd cor7di tions set forth in the' cc?i--
tract hereto annexed, or for a.ny ~~ror_k cr labor done thereon of a.rly king ,
said Surety will pay the sa::~e in an amount not exceeding the sum her_e.i ~~-
above set forth ar~d also, in case suit is brought upon this bond, a
reasonable attorney fee t.o be fixed by the courts. This bond shall ~_nt~_r
to the benefit of arty and all persor_s, companies, and corporations
entitled to file claims under and by virtue of the provisions of an act
of the Legis7_atuYe of the State of California entitled "An Act to Se~.urc~
the Payment of the Clai ~:s of Persons Employee. by Contractors upan ''url_i.c
Works, and the Claims of Persons tiaho I'urnishec? Materia~_s, Supplies,
Teams, Implements or Machinery Used or Consumed by such Contractors, in
the Performance of Such Works, and. Prescribing the Duties of Certain
Public Officers with Respect Thereto, " appro~~ed tsa~,~ 10 , 1919 , as anie~~d.~•c ;
and the said Surety for_ ~~a1ue received- }~ereby sfip~ulates and agree; th~~'_
no change, extension of time, alteration cr addition to the terms yr the
contract or~tc the work to be performed. thereunder, or the s'~eci.ricatic~ns
accompanying the same, shall in any ~,~rise af_f_er.t its obligations on this
bond, and it does hereby ~,aaive notice of ary such changes, extension o`
time, alteration_ or audition to the terms of the contrac±: or to the ~~~o7-k
or to the specifications.
RANCHO RIOS DEVELOPERS ~ ~~
Contractor
I~PPROtiED AS TO ~~~R1~!;
Pti~,'-r-3
AMERICAN FIDELITY FIRE INSURANCE COMPANY
Carlton Mann, Attorney-ii:-Fact
Surety
~~ ~ ~~
v ~uretc~ .~n~ura~tce L'on-tpa~cc~ o~ Ca~i~or~tia
POWER OF ATTORNEY
HOME OFFICE I1N LA HABRA, CALIFORNIA
N° 401042
Know a« men 6~ t~ie9e p~eeente: That Surety Insurance Company of California, a California Corporation, having
its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which
were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit:
"Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them
to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writings
obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the au-
thority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
MARVIN D. URITZ of Los Angeles, California.
and/or
ARTHUR BERNSTEIN of Los Angeles, California
and/or
CARLTON MANN of Los Angeles, California
each its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and
as its act and deed
SURETY CONTRACT BONDS IN AMOUNTS NOT EXCEEDING
FORTY THOUSAND DOLLARS ($40,000.00) Ilv ANY ONE INSTANCE.
And the execution of such bonds or undertakings is pursuance of these presents, shall be as binding upon said Company as
fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in La Habra, California in their own proper persons.
IN WITNESS WHEREOF, Surety Insurance Company of California has caused these presents to be signed by its duly au-
thorized officer, and its corporate seal to be hereunto affixed this...._.__._z~1~kl._..._...day of .............Q.G_1<Q~2~.>:_.........._...., 19...._71...
SURETY INSURANCE COMPANY OF CALIFORNIA
INCORPORATED
_._
v> 1AN. 31, 1969
By
F. Merrill
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
\~I~~ `
f ~
On this,28.>rhday of____._.._Q.C_t.A~?.OL ............................A.D. 19.___..~~., before the subscriber, a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who
executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and
said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said
Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
Mai Andr Weiss' Notary Public
360-09A
...~
OFFICIAL SEAL
MAY ANDREWS WEISS
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Commission Expires Feb. 8, 1974
STATE OF CALIFORNIA, )
•~.
Couaty of LO6 ANGELES )
On thi• 20th day of OCtOber in the year 19 71 , before me,
ALLYNI: R. SAMU}':L, a Notary Publie in aad for the County aad State aforeesid, pereoaally
appeared ('.arl tnn Mann kaowa to me
to be the person whose name i• subeeribed to the w~ithia instrument and known to me to be the
Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged
to ate that he subeeribed the name of the said Company thereto as surety, hi• own name
ae Attorney-in-Fact.
OFFICIAL SEAL
. ~yilY. . '~'
ALLYNE R. SAMUEL
~ o NOTARY PUBLIC CALIFORNIA
~ PRINCIPAL OFFICE IN
` • "" LOS ANCCI_ES COUNTY
My C~mmissi~n Expires April 14, 1975
~ ~ ~-C~
STATE OF CALIFORNIA,
ss.
COUNTY OF LOS ANGELES
Oi=' ;CIAL SEAL
~~ ~~`~ ALLYNE R. SAMUEL
V~ti+~` 1- NOTARY PUE;LIC - CALIFORNIA
\`~ ~% PRIfJCIPAL OFFICE IN
`~. LOS ANGELCS COUNTY
My C~mmissi;;n Expires April 14, 1975
NAME (TYPED OR PRINTED)
Notary Public in and for said State.
ACKNOWLEDGMENT-General-WOlcotts Form 232-Rev. 3-64
ON Octoher 20th ~ , 19J1.-,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Carlton M^nn -
known to me to be the
person- whose name- ~ s subscribed to the within Instrument,
and acknowledged to me that ~he- executed the same.. as Attorney-in-Fact
for Surety Insurance Company of California
WITNESS my hand and official seal.
~-
;~. toy-~~"
AMERICAN FIDELITY FIRE INSURANCE COMPANY
Westbury, New York
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company, a Corporation in the
State of New York, having its principal office in Westbury, State of New York, pursuant to the following resolution, adopted
by the Board of Directors of the said Company on the l 8th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board of Executive Committee shall have
authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms
or corporations as such officer may select from time to time."
does hereby make, constitute and appoint Carlton Mann of Los Angeles, in the State of California, its true and lawful
attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl-
edge and deliver in its behalf, and as its act and deed, as follows:
Any and all bonds not exceeding $50,000.00
and to bind American Fidelity Fire Insurance Company thereby as fully and to the same extent as if such bond or under-
taking was signed by the duly authorized officers of the American Fidelity Fire Insurance Company, and all the acts of said
Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its
President and/or its Vice-President, and its Corporate Seal to be hereto affixed.
AMERICAN FIDELITY FIRE INSURANCE COMPANY
9q
o =
NEW YOflN
s Luther H. Williams, President
Jb~ a
qb * ~~
State of New York )
County of Nassau SS:
On this 8th day of April, 1971, before the subscriber, a Notary Public of the State of New York in and for the County
of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company,
to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said
Company aforesaid, and that the seal affixed to the preceding instrument in the Corporate Seal of said Company, and the
said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now
in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Westbury, New York the
day and year above written.
PeEtN M. qOS ( ~"W~^ 1 ' V ~W~J~
H
w NOTAgy ~
* Notary Public
# PUNL~O
•9rE OF NEN+p@ ELIZABETH M. ROSELLE
NOTARY PUBLIC, State of New York
No. 30-8 643 1 1 5
Qualified in Nassau County
Commission Expires March 30, 1972
State of New York )
County of Nassau) SS:
CERTIFICATE
I, the undersigned, President of .AMERICAN FIDELITY FIRE INSURANCE CO. a stock corporation of the State of
New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains
in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, at Westbury, Long Island, New York. Dated this 20thday of
October A.D., 19 71
\ J 41flE /q,,G
9q
o ~
NEW VOflK
~ ~
'sue, a°
pb * ~,~
~J
Luther H. Williams, President
.~~as~