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HomeMy WebLinkAboutReso 1971-5909 . Form No. 352 Rev. 11-67 RESOLUTION NO .5909 RESOLUTION._ OF THE CITY COUNCIL OF- THE CITY OF CHULA VISTA APPROVING AGREEMENT"POR THE COMPLETION OF IMPROVEMENTS IN HOLIDAY ESTATES SUBDIVISION, UNIT NO. 6 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 OFCHULAVISTA, a municipal corporation, and Sub- divider, JAFRO, INC., dated the 12th day of. _ January , 19 71 , for the completion of improvements in that certain subdivision known as Holiday Estates Unit No.6, 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 of Public Works ADOPTED AND. APPROVED VISTA, CALIFORNIA-,_thl:3. 12th following vote, to-wit: bythe_CITY-COUNCIL of the-CITY OF-CHULA , day of January , _ 19.iL, by - the AYES: Councilmen Scott, Habel, Hamilton. Hyde. Egdahl NAYES: Councilmen None ABSENT: Councilmen None / ATTEsmUn -- -- .. - ,.7JJJ \-7!f;-<.L..tj.r-- ~Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) Mayor of the Cit I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of-the City of Chula that the above is a full, true and , and that the same has-not been City Clerk , SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of January , 1971 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and JAFRO, INC., a California corporation 665 "H" Street, Suite D, Chula vista, California 92010, hereinafter called "Subdivider"; WIT N E SSE T H : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision to be known as HOLIDAY ESTATES UNIT NO.6, 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 requirements 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 subdivision 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 complete 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 contained in Resolution No. 5771, approved on the 23rd day of September, 1970, and WHEREAS, complete plans and specifications for the construc- tion, installation and completion of said public improvement work have been prepared, submitted and approved by the Director of Public Works, as shown on Drawings No. 70-100D through 70-103D and 70-105D, 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 submitted and approved by the City, in the amount of ONE HUNDRED AND FIFTY-EIGHT THOUSAND, TEN AND 15/100 DOLLARS ($158,010.15), 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 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 -1- ~Fq_ ~qQq and approval of the Director of Public Works, all of the public improve- ment 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 specifi- cations, 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 required 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 improve- ment security shall not be required to cover the provisions .of this paragraph. 5. It is expressly understood and agreed to by Subdivider that in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED AND SIXTY- SEVEN THOUSAND, SEVEN HUNDRED AND NO/lOO DOLLARS ($167,700.00), 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 EIGHTY-SIX THOUSAND, NINE HUNDRED AND NO/lOO DOLLARS ($86,900.00), to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked "Exhibit 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 TWO THOUSAND FIVE HUNDRED ($2,500.00), 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- ~[S. !!Jc;oq 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 works or any materials furnished therefore, except to the limits estab- lsihed 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 deposited with City a sum of money sufficient to cover said costs. 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, his 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, his agents or employees, in the performance of this agreement. Sub- divider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, omissions of Subdivider, his 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 para- graph. Said indemnification and agreement to hold harmless shall ex- tend 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 consequence 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. :H; E.:5f)~ mTA {f k ~ . ",yo, of the C,ty of Chul, ty/ / v .~ ATT",f?"~AM 1;;~j//:kj~ )Jh:N~ / ~ r Ci ty Clerk ",/" (:....---- y ~ __J # -' ~ed " ~ /~~~/Att'Ch Not::JrACknOWledgmont he,e. . ~:'';;;;,e-; ~~ 7_3_ if ~J1! c' , ~~S. .SCf()Q STATE OF CALIFORNIA, COUNTY OF San D1ego ss. Q KATHRYN I. MUNOZ tWTAR~ PUBll,C . CAlIFGRNI.'\ PRINCIPAL OFfiCE !N SAN DIEGO COVNrv ON '; TA"'''''C'Y ' 19JL, before me, the undersigned, a Notary Public in and for the said State, personally appeared Tnh" tl t:nwl"".., .J.. _ . , known to me to be the President, and Tnh" R llnrgf'1' '- ,-known to me to be the Secretary of .Tnfrn, Tnt!_ the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and offic:a~ . . ~~~ .../ J?;~. 'J R'a tt>~ T Mo",,,,,, NAME (TYPED OR PRINTED) Notary Public in and for said State. p . My Commission Expires March 21. 1971 ACKNO'!VLEDGMENT-Corp.-pres. & Sec.-Wolcotts Form 22&--Rev. 3-64 KB. 59CJCf 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 "En Improvement Security - Monuments: Form: Amount: ::cuff::e~~~/ City/Attorney (/ Improvement Completion Date: -4- q[s. :5Cfoq I, ' " -....- . . ,...' ~'". "~""" ""'.' .~. __d~._".". ,~.;~ _ ~S9()1 . ~ ~. <::I'f"E,''''V ~(':-J;) (';:' ;;;;\",-r:'I-"l"t.'lj'L. PT"'7"-!:::'()P~,_~?",I('''' _'::.......:...~_':.~~_.. ~.;..:::-_.:_:..._:_:.:...:..:::..7_:.: _~_._--=':~':"::"':-:__':."::-':"'::.:' ~ .....::.~..:.'. :-C'TC;'! i\IJi.. ~':ETf ~~y THT~SF; P.JESEL:i'l'5: Bond NO 730 2007 Tr12 t. ~E JAFRO INC. _______________'__--;-n__.'___.____.._.___.____ __ ___._'_'~__' as PrincipiiJ" 2'ld_JIR~' S :.x!lli.ILIRSUR&l~lL~,OMI'AID'___ of __0___.__------.------..------- , . lncorporated I ' ~).n(Jer th2 la<ds of t::-.(~ 5tc::.te of.__Calj.fQ!:nJ,9-____ and GuJy ali'tlLol~izeJ under tl1e laws of th2 State of California tc act as Su~ety, are h,=J..j 2cnc1 firmly bound unto CITY OF CHULA VISTA in 1:11,2 sum o f _~,F:.y.~~:}'.tIQY1>M'!!2..AND _NQ/,tQ,Q~::.:.::-=:::::::,::::: .::.=-=-=::,=-~..,._::..,.-=.::DQLLARS_l$L,O-6Q.,o,o)~-_ 12.idful 11.18ney of the; unitf.:,d States of l':.ln,:-:rica, for th~..: paYil1.ent \'lhf:r:eof, -...:;z<LJ. and truly to be made, said Principal and Surety bind themselves, their heirs,. admiilistrators, sU~cessors and assigns, jointly ~~(~ severaJ.ly, J:JJ"fllly by these p:re~;ent: s. I ......... ~';"l'he CC1l1diticn or the "fO:c0GO:1.na obliGation is such that v!hereas the ~ - ~ af)OVe bO',.E~den Pri~1cipal has rlS-:C0.e,:J to prCl-.;ide. cert2.3.n improvements fox: ::'~e pror-::::~rtjF knc:.'IH Landscape and Park "'; 'Imnrovemo;:'E at -"'Hol'da .Es/ta-;'~ '-i....-,. ,,~., 6 m' -----,_t'_______""'-,'" _______ '__.._ ,~ ?I_ , .L-es_-UL'l.'---"I-U.... ,___.__, . ",,-.Ref: Map _1C_______ __..._._' in a ccord0.!1 sc 'di "~h__aJl.AgE,l?~lI!~,TI.L_entl?!'_l?<L...~_t(L\f.:j.th L~.~tX:.:.:.~~,~.~ul.~_.Yis_t.<::.: :,~,_',~__ dated 1 and is ~equired. G" ~;-,. --aid C't f rl-.. 1 u' t ~o "iv,,, a bond J ,..,c: ~. " __J..)':__QJ_-",,!.U ,a-,.J..S: ~__'"_,_____~ to gUZl.t'anteF..! the perfornance and the COI~lpJ.2.t i_cn of [;aic1 impl."GVeE12nts; NO;'l, TI-.U::r::G;~:'ORE:, lor.' .t...}1C> "'-,7>i,J 1:".l'rCJ'D"l '';:'h;-lll "I~.ll ""'0' trll]" - L.,- .:J~\.__ ...~_ 1! -'l~- .~._~>. ~.. '.... ~l_ __~.: p~rfo=m all. tl1C ~ork speci:: i.!:?d ,in said agreement, f..:nen this oblig3.tic~"1 sha]_l ly? null ;:u~cl void, c'cher-. '1ise to remain ill [tIll' fOl:ce and effect. / :-rhe SurGty does h~::.eeby co~)sent: to 2.ny ell"1e ;],11 alterations, n1cdi.fic,:;~tion:::: ar'ld revisi.:)ns to i.:lv? i\g}:2ernent S(2CU1:0.0 by 1.::nJ.s Bend, incliJd.i.ng bl...lt .not limj,ced to any , , eX'C2~1S:Lons of t:Lr:t2 fo?: c~rfarmance whi.cll m~y be ~greed ~2.por.:. b~{ ';J.nd b(~tV!2ij-_n Clty: of Cl.-. 1:. u; t ;:) 11 }.o E.cinciDCll. " ______""-'Jl_~sp_a,_______cl ': " t.._ SIG:i:1ED !d:ID SE.l\LBJJ A'l' S n D" ralif' ___u!'l____:j.eg.o~,.-" ,Qrxua..._. ." 1: hi S __?~___~j:J. y of____._E.~_:t;!_Lq.rL~_. ___ , , , p~kii~'~'-- A:!?8.0VED !\.S 'fa FORM: , :%2' 11 -B' -- - -, ---,---,-----,---..-,--.---. . or ecretary /(- REMAN ~S._:EUND--I,NSURA,NCE-.C_OMPANY:-----, ____ ____ ~';2','e (J~ '3;~"OJ,,,r~ c~,",=)'JF':>' .. ~ 3'!____~~_~ _ ____._"'_" / . "J. ,",-.,,--,-, - \1 '""0 .- ~r'- /'" A. Allen Moss' -, - .' ,,~-' - c " ,~../ - -.----,-- '-.-.----.---""..-'.-:,. ' ",: '" '". .:'; -- -- .- ___'U -- .-.,~[S.:~OQ-,-.- 1',1;;,-," .' ~'iF.,~~ ~~~ Qllil@l!l';.'jjl!lliililm~ @lEI!lSl,~ mma . . . . .! ,~ ~ ., . ..1. '.' '.' l ~~, ".:~) . 11 '.- STATE OF.__..gi3.JJJg.!:...~ia._... , \ COUNTY OF...~~!!....Di~KQ.._,,-.. j On thiL...2nd_...day oL_.__..Eebrua~...._......._._..., in the year 19..21., before me, m....................Ang.i.e...JlA....Mauri.ciQ......__..._m...-....._.m.....m.............., } ss. o a NOTARY PUBLIC in and for said County and State, personally appeared__....__..__ A. All PTI M()SS_ known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, d his own name as Attorney-in-fact. IN WITNESS WHEREO ,I ave hereunto set my hand and affixed my official seal, at my office, in ,aid County a d 7e, the da~ and year in this cert~cate first ahove written. .. ~ .::....V.L..m~~~............._...__......___. otary Public in and for said County and State , mission expires_______________________________________________________+______.Un 360207 - 5-66 , ') Ii J;-:' "j... " STATE OF CALIFORNIA, . '- '- San Diego f ss. COUNTY OF " O<.-.~O<..,..\<QoQ<>Q'O'C>~(;)<>O<>O(l.Q<)O 0,.. ., (> it'..:::~i:''''\ ANGIE V. MAURICIO 1) O. t:,..~:~:..: > .~ "~OjAJ;'1 ;lUStlC ~ CAlIi'O,!1N!A. Q (, '~'(-~ ,. ~,-j"!CI""" ;""~:l-C ! ('; ('1' ,..:';"_ ^ ,'_.I rr;.... "Me "..11... .N ...... V - - --,/ "'......' /}!';,:V...... .....V.....;...'Ty ~ ~ ",' ....J."'I -....- ~ ...". V OV,. ,.",,- ;<'CX'{"'..N(';{'>t>'C'O>X5<> M;yComml::::lcn '=:xPlrc:; I\~ay 18.1971 ON February 2, , 19-1.l, before me, the undersigned, a Notary Public in and for the said State, personally appeared John W. Gardner, Sr. , known to me to be the President, and . T onn R Mrn"gCln , known to me to be the SeCletaryof .TRfro, Tnr " ACKNOWLEDGMENT Corp, Pres. & See, Wolcotts Form 226--Rev. 3-64 ." \~) Ire,", ~ .:-~~ ,,-\ " , l ~ ~. f,.... <:): \ '.: L...) ~.:,,: ..,,-4 :. : f" r:'(" ~/-' ": . -. .,.;, ~"... ~ ..~.~._;." - . .~. ".~6- ... '-; ,.. .... ,. y . ..... , , , 1'... ,~.." ,. ~. . . / ; ,i{ .' ". \, k. " ",.. .. SlJR~ 1:1C~cD OF F/;':i:'rHFUTJ PERFORr:ii\NCE' Bond.No:730 2008" Kt~C.\'l i\LI, I~lEt! BY THESE PRESENTS: 1'ha t 'de __.,JAFRO. INC. as Pdncipal, and FIREMAN'S FUND INSURANCE COMPANY of . ~~-'l ______.1 intorporat~d un~er the la0s of the State of California and duly, aqthorized under the la'dsof the $tate of california to act as Surety, are held and firmly bound unto CITY OF CHULA VISTA in the sum of TWO J:.!:!.QJlS,hND AND NO/lOO':-- ----- ~_:---- ----:..- - --- ----,.--DOLLAAS~(~O'OO"''O.~- l~wful money of the united states.6f America, for'the payment wh8reof, well- and tLuly to be made, said Principal and SUrl'!ty. bind themselves, their; heirs, ~dministrato;:s, succc=ssors and 'as-signs, jointly and severally, fin.1Iy by these presents.. The condition of' the foregoing obligation is such that \'lhereas th2 above bounden Principal has agreed to; provide certain improve1'1ients for the -, property kno':lIl as!,).aygr~lUndE.illJipmenL2.t' ",Holid~Estates. Unit..No.." 6 c:,. ._2~Map iF' in 'accord2.ncc ~vithan Agereement.ente~ into. with ,the.,.,:C-ity:..of Chula .vista /, , dated d . " ,;.an 25 requ~rca. by ti10 said~~lli of Chtila Vista ,tb~ive a bond to guarantee the', perforr<"tancc', and the. comp1etis'r(. of sa.id. improvemen ts; ~~O?l,' TI-IEn,.EFORE,. .:...... ('"',;"" .' . ,-,~' if the s"Iid principal s'hal1 "Ie Ii and.. truly; perform all the work speci.:ied in", said 'c:.greemcnt,. then, this obligation .sha~~ be null and void;:;'6-L:her,~. wise to remain in full fcirce and eff~ct. . .. The" Surety do.es-_~c:):ebj'" CO!1sent to 2-ny. c.:nd.all alterations, mcdification..'3 and :'~evisiJns.....to .l1v2' Agr2-~lnei1t - sAcurec1 .by 'chis Bond ,'~'.incl'i.1(:'!:r1g,~.b'-!t no~ limj..t'2o to. any 'ex:t'e~1sion;'3 of' tir.:.2: fo!:'. F0rformance ~""hich' IilCiY. -be. 2.CJr'c'ed: >\!.!,?o.h . ..r', .... by. '"nd b<=.~:,~:'!!:,' City ofChula Vista _ and the" _p..clnc~pC1.1. t.: . I SIGNBD" !'\I ,I thi.s 2 " '" "---, I Ar~?ROVE1 '<.~\ &~\ ",\11 ,- . , ~ . ~ ..,~.... 'f'iL. ; . ~. t": .If C ":'':'1.. " :~.c: '" .c. , , ~, ., .. ':. \ . . j ;) J I STATE OF CALIFORNIA, COUNTY OF ~.,qn 1 ss, Di go . <>~~~Q<>9.<>Q~ 0: ~'::i::'~' ANGIE V. MAURICIO tl ,,.., ' Q..~.<-I';,<'::-;h NOTARY PU3UC. CAlIFOflNIA (II~' <> '(\c.; . ,",:'..} ?RlliWA' OFile< .N a ~~ ~N !;.tEGC ::CUN'!'Y ~ ~. ;",:~~<>~'<>0<<~<>O<>e<> M,yGcmmis::;:cr. ~xj::Mes Ml!lY 18. 1971 ON February 2. 19---11 before me, the undersigned, a Notary Public in and for the said State, personally appeared Tonn W Gardner, Sr. ,known to me to be the President, and John R. MorEAn , known to me to be the Secretary of ,TAfro, TnC' ---.1 II, the Corporation that executed the within Instrument, known to me to be the persons who executed the wlthm Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation execute he wlthm Instrument pursuant to its by.laws or a resolution of its board of directory WITNESS my hand and official seat. ( !J7~~ An ie V. Mauricio NAME (TYPED OR PRINTED) Notary Public in and fnr said State, ACKNOWlEDGMENT-Corp.-Pres. & Sec.-Wolcotts Form 226-Rev. 3-64 } 55: () STATE OF- C~li.fornia . c~~ D' ( 'I COUNTY OF _=>J.._.u.egQ..__--d On thiL___lnL._day oL_....f e bruary__________________. in the year 19-1..1. before me, ______....Angie...V.~___Mallr:icio______.________________..._..______.......________.__......,.. , ' a NOTARY PUBLIC in and for said County and State. personally appeared...__~_..:....___~__ A. Allen Moss known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY. and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney-in-fact. m "'TNE~ WH'[' ,"w h=_..'., h...... "=' ~ ,........"., office. in ..id_::___~e. ~:.:1L:;:;::::s~::.~e--~.~~~e:~ otary Public in ~~f_~;~aid County and State , :<, " Myc 360207 - 5-66 _..- --. -----. Bond No: InlRVEY MONUMENT INSTALI.ATION BOND 730 2006 KNOW ALL MD'::' BYTBESEP>iUumrrs,:>ThatI!We, JAFRO, INC. . . a c~rporat:ionofthe State of as the lJubd!viderand Principal, and the FIREMAN'S FUND held andfirnlly bound unto the City of Chula Vista, a MunicipalCorporatloll, ' " . . I . California INSURANCE COMPANY . I , . as SUAty, are II '. in thec~.unt:Y: of san Diego, State OffOAlifornia;a.ndto and for. the benefh: . '. . . . '. I . . of. any and all persons who oy suffer damage by reason of the br~iich of the.. TWO THOUSAND FIVE HUNDRED conditions.hereof, in the penal sum of....eJill NO/lOO--..;---~~nOTIW$_~;5fJj?--.QQ.j lawful money of the United Sta1at3 of America, to be paid to the said City of. Chula Vista 0 . J.' WHEREAS, the said Principal is presently engaged in SUbdiViding carta. in . NO.6 lands .to be known asHOLIDAY ESTATES UNIT subdivision in the City of Chula ; ! Vista, in .accordance with the Contract for Completion of Improvements authorized by resolution" ,. and WHEREAS, the said IE'rlncipal desires not to set durable monuments prior to the recordat:ioTl of the final map of the subdivision and desir.es to get same at a later date, NOW, THEREFORE,. the condition of the above obligation . is that iithe Principal shall have set. durable monuments ENG INEERS , INC. Eng ineer') . "which is onffle , as per the final map of of the survey by INTER-CITY (name or said subdivision, a copy of wi th the City Engineer of the' City of Chula Vista, :t'sfliJr- ence to which said map is hereby made and same is. incorporated hel:ein as though here .set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the. time of giving ofthiSJBond,on' or before the .expirationof thirty (30) consecutive days following comple- tionand acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and tiffecto IN WITNESS WHEREOF, the said Principal and Surety have hereunto sst their hands, this-1lli!.,day of '. ;f{S'J 09 . -e - STATE OF CALIFORNIA, r ss. COUNTY OF San Diego ON February 2 , , ~q ~-. before me, the undersi ned, a Notary Public in and for the said State, personally appeare~ ~ohn W. Gardner, Sr. ,known to me to be the - _ President, and John B. Moran ,known to me - ~ ? to be the Secretary of Jaf ro , Inc . the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on b alf of the Corporation herein named, and acknowledged to me that such Corporation exe ed,.the within Instrument pursuant to its by-laws or a resolution of its board of director . WITNESS my hand and official se ~~ V ~1 f~ L '°l,C C'-~ ~ ___ An ie V.Mauricio NAME (TYPED OR PRINTED) Notary Public in and for said State. STATE OF____________________Ca 1 i f o rnia__________ __ ss. COUNTY OF_____~an__~.ieg~_.______-- ---~-____-- ~* ~ ,. ~-~ 4 ,r ;~; ',~ i e On this--2nd.----------day ofl~~lrLic'~.r~L----------------------------------, in the year 1~_L__, before me, __~1~1e--~.---Ma11r1G1Q____________ _, ----------------------------------------------------------- a NornaY rusr,>c in and for said County and State, personally appeared____-_______-____-__ ----~.,-~~. ~~~..~Q.-S ~- ------ -- -- known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney-in-fact. IN WITNESS WHERE , I have hereunto set my hand and affixed my official seal, at my office, in said County ~S,tate, the day and year in this certificate first above written. - , Notary Pubic iri and for said County and State r; " (' '-' 0, ~ 1)101 BOND FOR HA'l'ERIAL k'lD LABOP. Bond No:' 730 2005 I\NO\'1 ALL MEN BY THESE PHESEt:!rrS f Th3t I/We JAFR~~L~_,__._~______~_f the contr~ctor in the,contract hereto annexed, as Principal, .and FIREMAN' S FUN.!LINSUl\ANClL~QMEA!i'L I as Surcty~ are held and firmly bound unt.o th", CITY OF CHULA VISTA, a municipal corporation, located in. San Diego COL:nty, California, in the sum of EIGHTY-SIX THOUSAND NINE HUNDRED,AND NOjlOO----DOLLARS ,($ .'86,990.00 ), lavlful money of the United States, for ,'7hich payment,' \'.'ell and truly to be made, vIe hind oursel Yes, join ;cly and severally, firmly by these presents. Signed, sealed and dated FporllRry 7, 1971 The condition of the above obligation is that if said Principal, as contractor in the contract hereto annexed, or his or its subcontractor, fails to pay for any material, provisions, provender, or teams, used in, upon, for'or about. the performance of the work contracted to be done by said contra<::tor, namely, to furnish all tools, equipment, apparat.us, facilit.ies, t.ransport.ation, la.bor, and mat.e::ial, other t.han material, if any, agreed to be furnished by the City, necessary t.o perform and complete and .to perform and complete in a goC?d and workmanlike mann~r, the wOTk'of: \ . HOLIDAY ESTATES UNIT NO. 6 in strict conformance ,-Ii th t.he tenns and conditions set forth in the con- tract her(,to annexed, or for any. 'dork or labor done t.hereon of any kind, said Surety "ill pay t.he same in an amount not exceeding the sum herein- above set fort.h and also, in ce,se suit is brought upon thi s bond, a reasonable attorney fee to bs fixed by the courts. This bond shall inure to the benefit of any and all persoDs, companies, and corporations entitled to file claims under and by virtue of th~ provisions of an act of the Legislature of the State of Cali:i:ornia ent.itled "An Act. to Secure the .Payment or the Claims of Persons Employed by Contract.ors upon Public Works, and the Claims cf Persons who Furnished Haterials, Supplies, Teams, Implements or Hachinery Used or Consumed by such Contractors, in the Performance of Such Works, and Prescribing the Duties of Certain Public Officers with RGspect .Thereto," approved Hay 10, 1919, as amei"lded; and the said SpretT-for value received hereby stipulates and agrees . that no change, extension of time, alt.eration or addition t.o t.he terms of the contract. or' to the work to be performed thereunc1er, or the specifications accon~anying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such changes, ext.ension of " time, a1 t.eratioD or addition t.o t.he terms of the contr2.ct or to t.he \^lork or to_the specificat.ions. E.IREMAN' <:; FIJND IW5TTR <\I\lGE.-C...oMF-AN"l ~~~~ ~. Allen Moss, Attorney in Fact 400 Cedar-St.,San Diego: Calif, Surety Plv-E-34 ~ES '. fSqoq (~. ~)(;.~ Uc>: - - --~-'-"--'-"-- " :01 J ROBERT 1'. DRIVER CO".lNC. INSURANCE :Ij) (' \~. " . . ." "'" 234.1871 400 CEDAR. STREET, SAN DIEGO, CALIFORNIA 921I2 i;r~) ,_~~;:lt.,):-::.:."".: ~,S " _.~L_ f' < :)"",(.-i ,{.:\ ': "':':~J:: ;.-: ~(.dA C_L.~ 1:1 ?[~f'1,\},-, f2r;~,:_ Cr:'.'iU'I. 2 1 :lt~'r-; .I'{ ,. )::j'.r. 'C(~ +:) ,C':C:_:-:.jff!_ ...,...... , ' ".' ) " , . -' ,- a~'L\2U~~I.I.!~~.2.~"~~~I!~~~_l(' ! .!:. :.rf r; ;. .t .~ ~; r " . . I. ,J :r~o"'" . - . . i r :: ~',~;'" l 0" ",' ~ Y. \ ( .-.!~~,,!~ ",'-!f' ----.---.---. ;',' ~ ?~:1~j..10C.~...~-.OG.-\():'1 t1:1:\ ({~;:'~tH'J I ~:"::'lXLi ,).J :.d oj ...:.rrJ_~._~\_ _~'-:'j. L I ~. ,\ ,_ J . 'o' -~ J'. _ i' J' T ~)-. . STATE Of CALIfORNIA. COUNTY Of San Diego f ss. ON Fe> hrwn:Y--2. , 19..1.L, before me, the undersigned, a Notary Public in and for the said State, personally appeared Tohn W. ~Rrilne>r, Sr.. ,knowntometobethe President, and John B. Morgan ,known to.me to be the Secretary of TRfro, Tne. ~ the Corporation that executed the within Instrument, known to me to be the persons who executed the within instrument, on behaif of the Corporation herein named, and acknowledged to me that such Corporation exe d the within Instrument pursuant to its by.laws or a resolution of its board of director. WITNESS my hand and official s i. \"'1'> " _~.t""'--'-'" . V M::np";r;n N E (TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT Ccrp. Pres. & Sec. Wolcotts Form 226---Rev. 3-54 ~l_ -.act ;;.cr!_" I!('C..' 3.::).J:):_ :. '~;'ue '::'-;S:) n, ,l-',.,;.Lj '-- .~ ..~'-'-:""'""-'--C'-!"L _ ~. ':"::,":1 . _ -.:. j . .-~L-::_ . .~:.:, .:.. :.. L.':'" _:1:.... (-. ~j 'i ~a ~~ STATE OF._...:.c9,lif9.:r.ni.a_......__.___..___} ~ '. 1::;1l ss. ~"..\ COUNTY OF...-5JiU...D.ie.go.__,.>."__...-",:,,,___ t ' On this --...__.2nLL...day oL-.-.--.F-ebruarj.._........._..__.._.... in the year 19..11. before me, _......_.....Ang-1-'~..JI......Mauri_ci!L.__.___........_.._.....__.....____......__._......._.......... \\ II -.J :'j ~( 'l~n~L' '~~~ ~ "'.2. ..J"c'5 -; .,'" -')'"l '"y" a NOTAR.Y PUBLIC in and for said County and State, personally appeared______~_______ i<>Q<>Q<)Q~C~C~ . "', .. Cc<O~-,"", A-,"",AJ'Oo ~,."'"." ANG -,.....~- i ,', -IE V '"'' .:~.."..t\,;:".' . IVlA.URICI <) '. .~~ ., "," '"'l'~ ,-< ;': ":; ! .;"'~:".'li-'~l~ NO'r.",.p,'( PiJSu'.. 0 t; O "':,;:;'.,'. '.: /.;' -'. -'. ' ""'.''>,UI'OR,-'''' .t. . "-' .., r~I"'C '" v - :.!.' ..../ I:';'" IFAt~:HJ'~f " ~ !.:, "',-:i/ ~ ".. " \.,. IN V 't."'~t :','., "., .....1..... b,!:'GC CCUl'-:TY -<> M ><:, "";.,~~<-5-<>(:jo,.;;.{'5<>~ _ . () it CommiO:-icr: ,::- .;)'L~<>'~~e9 . ;.:.xPires May 18. 1971 . "'---...All.en. Mo ~ ~ known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY. and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal and his own name as Attorney-in-fact. IN WITNESS WHERE ;:'1 have hereunto set my hand and affixed my official seal. at my office, in said County :d Slate, the day and year in this certificate first above written. ,/ - V l/Vl . '. ........,-..UL~........m.._mm......... otary Public in and for Baid County and State mission expires______________________________ , 360207 - 5-66 ::..~: r::l-::.:a?-::~~~.:~~-~.C{~,O--i tf3~~.~->-"'. ....' .., ' ~ ~ "c"', . "2 ..,' .... Cr,,-, .. [:.t~'iJ~d?~Lf.__~S1_I;.~.'.3_~_~_=_~ _-=-==!9:J _~_ ~ "'_ ", -~ _ '"'-~ .~.... 'i{j!):LtJ ~ ....,. -=,~.--~=-~. \' ~:(-~~~--~.\~ \ --') ","..::: >~~'---'~-;,~:-:)_... ,'- '{':rBj"f:r:l92~:1~gj-6M .ff rr~-}~ '-' ~.~. ., '"'A ('"','iQ"cr"".,; - "-.:',., " '~ ~"'<~0 """:~~'-\:-:_~'y- /, --~"*-?-,~~ '.,\ '. ~-:-r -~';;!. :'.,)2'~' ,/t " c ~. $7/07 o ,;. < Bond No: BO:ND FOR E'AI'l'HFUL PEFI-l'OPJ.L~"'\JCE 730 2005 KNOVJ filiI! pIEN BY 1].'HESE 1!PESEI':rr.rS, 'J1hat. 1/1\le JAF~"~.INC__ Principal, and FIREMAN'S FUND INSURANCE COMPANY ! as Surety, are tleJ.d i'tnd firmly bouno unto the City of Chula Vista, State of California, in i) ! the sum of ONE HUNDRED SIXTY-SEVEN THOUSAND SEVEN HUNDRED ($ 167,700.00 ), AND No/10Q----------n-----------------:.-bOLLARS --- lawful money of the United States, =or the payment of w~ich sum, well and truly to be made,we bind ourselves, jointly and severally, firmly by 'these presents. The condition of the foregoing obligation is such that whereas said Principal(s) has-have entered into or is-are about to enter into the annexed contract with the City of Chula Vista, pursuant to the authority of an act of the legislature of the State of Califo:cnia,.approved April 13, 1943, known as the "Subdivision I1ap 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 sewe~s, and other improvements, all as shown on the improvement plans for HOLIDAY ESTATES UNIT NO.6, Which improvement plans are 011 fiie in the orfice of the City Engineer of tho 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- necti,on with the execution of said contract; , I I NO!'!, THEREFORE, if said Principal, as Contractor in the contrac'c hereto arinexed, shall faithfully perform each and all of the conditions of said contract to be performed by hirn, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and materials, other than material, if any, agreed to'be furnished by the City,neces- sary to perform and complete and to perform and complete in a good and workmanlike P.'.anner the work of HOLIDAY E.sTATES UNIT NO.6 in strict conformity vii th the terms and conditions set forth in the con- tract heret.o annexed, and shall payor cause to be p<;lid, 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 - ot.henvise t.O remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees .that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations on this bond, 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 t.he specifications. FIREMAN' S FUND--1NSJ.lliAN~ ~~d:~ -. __ . A. Allen Moss, Attorney in Fact ---1l0D (:pc1Ar C;t , SAn J2i.egn....--Cal.if. Surety AS TO FORM: ~. . . '~, ~~~~. ,_ ~~v:r . S7t:y Attorney . c.:/ P\~-E-34 ~[s,'5909 STATE Of CALIFORNIA, ss. COUNTY OF San Diego ,, . .. <_ ... . ,.,a _ .. _ ._ _. ON February 2 t , 191L, before me, the undersigned, a Notary Public in and for the said State, personally appeared orln W n r ~ Sr . ,known to me to be the President, and John B. Morgan ,known to me to be the Secretary of Jaf ro ~ Inc . the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation exec d the within Instrument pursuant to its by-laws or a resolution of its board of director . ) WITNESS my hand and officials I. ~,f Angie V. Mauricio NAME (TYPED OR PRINTED) Notary Public in and for said State. & Sec.-Wolcotts Form 226-Rev. STATE OF_C~lforni~_________-- ------------___--- _-- ss. COUNTY OF___ San Diego _ _____ --- On this-____-- ZnCl ----day of----------------Februar~T----- -----------~ in the year 19_. 71 before me An ie V. Maurlcl0 , ------------------------------------------------------------------------------------ a NOTARY PUBLIC in and fOr Said Colltlty and $tate, personally appeared____________~____-_ ----~-~--AlL2TLSID~ ------ - linown to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and aclinowl- •, ~_ - - , •- ~ ~ •--. , _ , . ,~ edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- ,.•,^ • - , , ~ PANY thereto as principal, and his own name as Attorney-in-fact. ' ~ - IN WITNESS WHEREO , I have hereunto set my hand and affixed my official seal, at my office, in said County d Sj e, the day and year in this certificate first above written.