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HomeMy WebLinkAboutReso 1971-5938 c. Form No. 352 Rev. 11-67 RESOLUTION NO. 5938 RESOLUTIONcOF,THECITY COUNCIL OF THE ,CITY OF CHULA VISTA APPROVING AGREEMENT"FOR THE COMPLETION OF IMPROVEMENTS IN APOLLO UNIT NO. 1 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, APOLLO ASSOCIATES dated the 5th day of . January ,.19.11..' for the completion of improvements in that certain subdivision known as Apollo 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 l Vista be, and he is hereby authorized and directed to execute said ! agreement for and on behalf of the City of Chula Vista. I I P,;l;psenten h" ~~ Lane F. Cole, Director of Public Works Approved as to form by I ~ ... . George -D. Llndberg, City ./ /~~~ ADOPTED AND APPROVED. VISTA, CALIFORNIA, this. 9t)1 following vote, to-wit: by the.CITY COUNCIL of the CITY OFCHULA , day of February , . 19~, by. the AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott ~ NAYES: Councilmen None ABSENT: Councilmen None I - I ATT"T(2~/ f01~/" ~ . Clty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~~ Z;yO' of tho ity of 'huh :,::. . . I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution. No. amended or repealed. DATED , City Clerk of, the City that the above is a full, , and that the same has ofChula true. and not been .. City Clerk r SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of January , 19~, by and between the CITY OF CHULA VISTA a municipal corporation, hereinafter called "City", and APOLLO ASSOCIATES, 3246 Governor Drive, San Diego, California 92122, a general partnership, 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 APOLLO 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 1 I I . I 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 I I 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. 5787, approved on the 8th 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-l07D, 70-93D through 70-95D, on file in the Office of the Director of Public Works, and , I. . 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 SIXTY FIVE THOUSAND, FOUR HUNDRED SEVENTY SEVEN DOLLARS ($65,477.00), 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 approve~ 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 tentativ~ '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 , . I - 1 - ~LS. 59~ ._. - . I .. 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 mapa said sub- division. I r f I l I I I 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. I I I 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 SEVENTY TWO THOUSAND, TWENTY FIVE DOLLARS ($72,025.00), 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 THIRTY SIX THOUSAND, THIRTEEN DOLLARS ($36,013.00), 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. . I I I r I 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 ONE THOUSAND, SIX HUNDRED DOLLARS ($1,600.00), 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. . I I - 2 - ~5f3t ~ 10. It is also expressly agreed and understood by the parties I '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- Isihed 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. I i 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. i I 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. MIC ::::TOLY;C~, (/ City Clerk . Approved as to form by ~.~ ~orney Attach Notary Acknowledgment here. . -)- ~J613'; a STATE OF CALIFORNIA COUNTY OF_ San Diego } SS. a ^°~~ On_ January 5~j ,before me, the undersigned, r rn a Notary Public in and for said County and State, personally appeared MICHAEL A. MORRIS ,known to me to = be the_ViCe president, and ---- a~d. _ known _ to me to be the --- Secretary of BAHAR ° CONTRACTING CO. ,the corporation that executed the within instrument and known to me to be the persons w who executed the within instrument on behalf of said corporation, ~ said corporation being known [o me to be one of the partners of a __TIME DEVELOPMENT CO. partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that sue nership executed a same. ~i G= y ~ 10 1971 Name (Typed or Printed) ~ Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP ~0600OOte0000000®0400 ® ~~ ~ APdNE GROGAN O ~ ~"~~ ' ~~ ~~iQTARY PUBLIC -CALIFORNIA d' .:.. ;~ rr"%Ir;~IPAI GFfiCc !N SACr' DIEGO CCHJNiY 4 ~' ®4070 ~QfO000O000Q00000 LIST OF EXHIBITS Exhibi t "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: Exhibi t "E" Improvement Security - Monuments: Form: Amount: Securities approved as to Form and Amount by j~~--" ~~ ~~, .- './ <)-tY'Attorney' t;/ Improvement Completion Date: I , I' ~S93~ I BO! NO. B-626571 .., SURVEY Iv10NIlViEJ'-.11J.1 INST1\II:LATION BOND KNOW ALL MEN BY THESE PRESENTS, 1'.hat I/We APOLLO ASSOCIATES, A PARTNERSHIP a.s the subdivider and Principal, and the UNITED PACIFIc INSURANCE COMPANY a'Carporation of the State of Washington , as Sure t.y, aLe hetd and firmly bound unto the City of Chula. Vista, a municipal corporatio:), ~n the County of San Diego, St.ate of California, and to and for the benefit of any and all persons \oIho may stlffer damage by reason of the breach of ',~, the condi U.ons hereof,' in the ($ -1_,_600.00 lawful money penal sum of ONE THOUSAND SIX HUNDRED AND NO/IOO . DOLLARS of the Uni ted States of America, t.O be paid to the said City of Chula Vista. v~lE&SAS, the said Principal is present.ly engaged in subdividing certain lands to be kno\oln as APOLLO UNIT #l subdivision in the City of Chula.Vista, in accordance with the Contract for Completion of Improvements authorized by resolution , and WHEREAS, the said Principal desires not to set durable monuments ~prior to .the recordat.ion of' the final'map of the 3ubdi~\;rision and desiY€23 to go' t ., "nl"' a.t - l-c' o~' o' "~D ~Q..- . ~ ~- ~ .~~~l Principal shall have set durable monuments of the survey by NOvJ, ~.'HEREFORE, the condition of the above obligation is that if the (;c,;1Zt:-</I,/ (naJl1e of , as per the final map of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of ChulaVista, refer- .ence to which said map is hereby made and same is incorporated herei:'.. as though here set forth in full, and according to the ordinances of the City of Chul.a V2-sta in force and effect at the time of giving of this bond, on or before the expirat.ion of thirty (30) consecutive days following "completion and acceptance of public improvements w2-thin sai.d subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN set ~ Ci~ley' 71 A-rARTNERSHIP their hands, APPROVED AS TO FO&~: Vice E COMPAN The premlum charge for this Bond is $24.00 PW-E-34 ~,' ~LS. SDt33 I '(/'_1. r~ ~ .~ ''''''- , <. l' .f ~. ,. T :i " I d':l~.:.T ~J.' ~~L)i. . , ! ~ : I _" 0':; \,':[ ,:. ,'f ,) . , -. r .' -'--'-'--'- , . X;;.:. .l.Li~ULJl' 2L L...I.. _...:';:-:" _.t:..=-~:L-......-~_ L..-____. .C State of Col iforni 0 .. ~ I County of San Diego 55: January 4 71 On G EJ9-, before me, the undersigned, 0 Notary Public in and for said, County, personally j LJ. jyUU L Y' appeared . known to me to be the person whose name is subscribed to the within instrument os Attorney.jn-Foct of UNITED PACIFIC INSURANCE COMPANY, ~nd acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, os Surety, and h~ own nome as Attor'"heyt!~'f9c.t~~,.,...r:C'......,;o:.,",..>:'",''.;''''~,::,,;S~ f;~~~~~'<'~~;L:;ri;~:~:ii':'L:i;~~ ~::~.:; ~ ~ ~:r:,;~':_ f Pnnclpsl vi lice, <0;;,l t, ".~V ."'. ....,1,,, '~J II~,' t; -: E' fl -(:> '0"'1'/ 51 M:I Commission xpl,as ...Ct:. J.~. _1.:/..".., ,;:;~ re. . .. ".~ 'l' '" I' ~..;,\ ~....t',kll)le-'JI'&~.;"'!/'r1'><1'''.'~''i,.'':..i-:~' i' "!!1!.1I:"1,l.:f',~"'''!Ilo'''''''D C h My Commission expires emuer 18 , 19 71 8-2004 California Jurot (Attorney-in_Fact Acknowledgment) Rev, 1-65 .I~ .1 )-. 'J. $ ", > . . ... ~ . ~;; 7~ . E 8 "- "0 " . E 8 ~ . . ~ 8 [) ~ 0 ,-( '" ,,~ -~ ~ . ~ in ~ ~ ,~ --' " I " ~ STATE OF CALIFORNIA } COUNTY OF San Diego 55, On January 5, 1971 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared MICHAEL A. MORRIS known to me to be the Vic~President, and , known to me to he the Secretary of BAHAR 'CONTRACTING CO. . the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf -ff said corporation, said corporation being known to me to he one of the partners of TIME DEVELOPMENT CO,"/ , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner ""'Mq:~~: ~ Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP ~U~O~09~OQOQOOOQOOOO i'J!.. ANNE GROGAN 0 n ~-, .... . NOTARY PUBLIC - CALIFORNIA 4)~ ~ t . PRINCIPAL OFFICE IN Q .: .~: SAN DIEGO COUNTY ~~~;;;~eoo~~oo~ ., . 'fL~r, '.1t. . ~,':"l .;)..'~~, --1)- r'JTJ" - -, r o~;-~~~- ) , --~ (,1-' ) - . " '.' ::, . ".', " <,,";" \" ". ~ , ' '. '. :.1;. " -Of /.1 ,! I , -I.; , , ' , ,. " , , I V \.," , , >..~ '- ~-.::.f;-- )';.. ')-\. ; " -, .. " , .":. ........... . "; ~ .- " i " ~ c; 'J -. :~ ~l _, ') - ~'J.' !!,," 1 '" . . UNITED PACIFIC << - . . INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE GROUP HOME OFFICE: TACOMA, WASHINGTON 98401 ~IDE:LlTY .......0 SURETY DEPA.RTIIltENT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal offices in the city of Tacoma, Washington, pursuant to authority granted by By~Law No. 37-A of its By-Laws, which reads as follows: "The President, any Executive Vice-President, any other Vice' President, any Assistant Vice,President, or any Resident Vice' President of this Corporation, shall have authority to appoint in writing such attorneys-ill' fact as the business of the Company may require, and to authorize such attorneys-ill-fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre- tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu- tive Vice-President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur- suant hereto, and revoke any and all authority conferred by any such appointment." does hereby nominate, constitute and appoint J. D. HIDGLEY, of San Die[;o, California its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety. and as its act and deed, ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP< The execution of such bonds or undertakings in 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 Tacoma, Washington, in their own proper persons. IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by" its thi~ E~l:ecutive 5th Vice-President and its corporate seal day of Ha rch to be hereto affixed, duly attested by its Assistant Secretary, ,19-111-< UNITED PACIFIC INSURANCE COMPANY Attest: /s/ Louis G. Giahara, .Jr<. Assistant Secretary By I ~ I MO~ri ~ R B":,,o,.:rp E;l:ecutive Vice-President (SEAL) STATE OF California }ss ." County of Los Anp,eleo On this ~ day of M;',i;A('h , 19~, personally appea.red Ivjnrris E. .nrml1n and Louis G. Graham:. Jr. , to me known to be the E'~ecutive Vice-President and Assistant Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that By-Law No. 37-A, set forth therein, is still in full force. Witness my hand and seal hereto affixed the day and year first above written. My Commission Expires LJa~uaTY lLI.J .ILliL< County of Los Anrreles }s; /s/ Kathleen Harrin~ton Notary Public in and for the State of Ca 1 i forn i ~ Residing at T.n" A11~pl p.~ STATE OF California I, l..ouin G. Graham. Jl~. Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same is still in full force and effect. this IN WITNESS WHEREOF, I have hereunto set 4th, January day of my hand and affixed the seal of said Company at the City of T.ns AnO"el~_ .7 ~ ~~.A.. ~ez-7~, 9 (SEAL) As;;",nt Swct"y ---=l?fS. <~qoK 71 <19__< 8-1027A General - Power of Attorney Rev. 11-66 .1 I ~. I . . BOND FOR HATERU,L fu"iD LABOR KNO\'1 ALL .MEN BY THESE PIlliSENTS, Thilt 1/\i'e APOLLO A.?SOCIA.TE2L-~!":AR!NER~HIP the contr~ctor in the,contract hereto annexed, as Principal, and UNITED PACIFIC INSURANCE COMPANY I as Surety, arc held and firmly bound unto the crcy OF CHUL1\ VISTA, a municipal corporation, f THIRTY-SIX THOUSAND located in,San Diego County, California, in the sum 0 AND THIRTEEN AND NO/lOO DOLLARS ($ 36,013.00 ), lawful money of the United States, for ,-,hich payment, well and truly to be made, vIe hind ourselves, jointly and Signed, sealed and dated severally, firmly by these January 4,1971 presents. 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,oy teams, use~ in, 'upon, for -or a;:,ouL the performance of the work contracted to be done by said contractor, namely, t,o furnish all tools, equipment, apparat,us, facilities, transportation, labor, and material, other than material, if any, agreed to be furnished by the City, necessary to perform and pomplete and to perform and complete 2.n a good and workmanlike manner, the' work'of; \ APOLLO UNIT #1 in st.rict conformance ,-Ii th the terms and conditions set forth in the con- tract herceto annexed, or for any ':lark or labor done thereon of any kind, said Surety will pay the same in' an amount not exceeding the sum here,Ln- above set forth and also, in case suit is brought upon this bond, a reasonable attorney fee to be fixed by the courts. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under and by virtue of ~he provisions of an act of the IJegislature of the State of California entitled "An Act to Secure the Payment of the Claims of Persons Employed by Contractors upon Public Works, and the Claims of Persons who Furnished Materials, Supplies, Teams, Implements or Machinery Used or Consumed by suoh Contractors, in the Performance of Such Works, and Prescribing the Duties of Certain Public Officers with Respect Theretq;" approved May 10, 1919, as amei'lded; and the saidSl',rety:for value--recehjed hereby 'stipulates and'agrees' thilt 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 Sillne, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any suoh changes, extension of "time, alteration or addition to the terms of the contract, or to the work or to the specifications. UNITED PACIFIC INSURANCE COMPANY By: -- -- \~ (J3. . D. .M'~DGLE i , - Attorney-in~Fac~z Surety Premium charge for this Bond included in charge made for Performance. Bond. Contractor A, ~P, ROYED AS ~TOrFV~: ~ ' ~J~:'. l ,: - - / ~7',,'H:t. -"~L~d, --; ~ '. . , \....- ,-' - - ." ", -, ,,< . ,..;' ,- ~LS, SC-j~~ PW-E-34 e . , e. '. .j o. ill. d> ,: ..! "' ~ -. "in :2 ~ . B a "- r " ~ I .E a r "- ~ ~ 0 u ... ~ ui 0.!l ~~ M. ~Ui g ~ STATE OF CALIFORNIA COUNTY OF San Diego On January 5, 1971 } 55. , before me, the undersign~d, a Notary Public in and for said County and State, personally appeared MICHAEL A. MORRIS known to me to. be the Vi C~President, and , known to me to be thl" Secretary of BAHAR CONTRACTING CO. , the corporation that executed the within instrument and known to me to be the. persons who executed the within instrument on behalf of said corporation, said corporation -b-eing -known to me to be one of the partners of TIME DEVELOPMENT CO. . 'the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such artnership executed the same. ,. ---- FOR NOTARY SEAL OR STAMP <>o<>o~<>o<>o<>o~<>ooo () ~~ ANNE GROGAN ~ <>~)f' '''>' - ~ :). ~l~.,{.~;.,7:' ~,~';;;)~. NOTARY PUBLIC - CALIFORNIA ~ '~~f?c . " PRINCIPAL OFFICE IN ' '!. "" SAN DIEGO COUNTY ~~~~~~~<>O<>~O<>O<>O~ I' . I. " Name (Typed or Printed) Notary Public in and for said County and State , - ---c... \. ! , State of California County of San Diego ss: ---~~- On January 4, L 19 7~ belo,e me, the unde";gned, 0 Noto,y Publ;c ;n ond fo, 'o;d County, pe"onolly appeared J. U. Ml UG Er- known to me to be the person whose nam~ is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, .and' name of UNITED PACIFIC INSURANCE COMPANY, os Surety, and h~ acknowledged to me that_he su.bscribed..t.be . &1',N',,"s'\i,bN). own name as.. A1tQfonlt~!1\f\Gc"t!",l' - 'rr.. .~ ~J'JV>i'.y.". OJ''nun "1 EVmN 1Il.INE P.R~l~-- . ". .' NOTAR'! PUl>Uv ': if '~!'i,f) .. ('1) CaUL ':';, iP. ~."'l' I I Ollice, sun 01\:&0 \.' . '\'Al ~ --~ Prine po 18 1971 1~.1 \;' Expire, DeC.. ';., My Commlss\on _~ ""~ 'u'.""'\./::i:.'i~" . . '''-''J'J'I',[,i.''J''.'''' .. .. 'M'a.N.'....~ < My ommission expires December 18 71 , 19 8-2004 California - Jurat (Attorney-in_Fact Ac~nowledgment) Rev. 1.65 . ,.~ '- --- 1:1:"", '\ "~~. r ? ,...,," :;\\'f'~ <-- d UNITED PACIFIC . . INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE GROUP HOME OFFICE: TACOMA, WASHINGTON 98401 nOEU.V A"-IO SURETY DEPARTMENT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal offices in the city of Tacoma, Washington, pursuant to authority granted by By-Law No. 37-A of its By,Laws, which reads as follows: "The President, any Executive Vice-President, any other Vice-President, any Assistant Vice' President, or any Resident Vice' President of this Corporation, shall have authority to appoint in writing such attorneys-in,fact as the business of the Company may require, and to authoriz.e such attorneys.in.fact, and each of them, to execute on behalf of the Company. any bonds, recogniz.ances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seaL The signature of the Secre- tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile. and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu- tive Vice-President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur- suant hereto, and revoke any and all authority conferred by any such appointment." does hereby nominate, constitute and appoint J. D. tiIDGLEY, of San Dieso, California its true and lawful.Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP. The execution of such bonds or undertakings in 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 Tacoma, Washington, in their own proper persons. IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to he signed by its thi.. Executive 5th Vice' President and its corporate day of I-Iarc~ seal to be hereto affixed, duly attested by its Assistant , 19--111--. UNITED PACIFIC INSURANCE COMPANY Secretary, Attest: Isl Louis G. Graham, .1r. Assistant Secretary By I q I Mnrri <': R Bt"OHn E:,ecutive Vice-President (SEAL) STATE OF California }" ". County of Los Anr.eles On this ~ day of M;;n"'h , 19~. personally appea.red "Harris E ~ Brntl1n and Louis G. Graham. Jr. . to me known to be the Executive Vice-President and Assistant Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing instrument and affixed the seal of said corporation thereto. and that By-Law No. 37-A, set forth therein, is still in full force. Witness my hand and seal hereto affixed the day and year first above written. My Commission Expires January ] L~ J .19-1JL.. County of Los Anrreles }ss Is/ Kathleen Harrinpton Notary Public in and for the State of Cat ifornia Residing at T,n~ Al1Ep-lp.:,f:; STATE OF California I, I,ouis G. Grahar:l. JA:'. Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY. do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same is still in full force and effect. B-I027A General - Power of Attorney Rev. 11-66 and affixed the seal of said Company at the City of Los AnlJeles ...?-~~~.A-~-=--~/ 9 (SEAL) A,,;stant Semta<y '~[S, S 930. IN WITNESS WHEREOF, I have hereunto set mv hand 4th. January il this day of . 19__. r BG. N0. B-626570 ~, ~)',' :~,L.L, ~.:: 1?'% '~ ..,..; ~,;_;~.:~~~~, «~,` ~_~~;;,e APOLLO ASSOCIATES, A PARTNERSHIP ~~rinc ~~>a1 , =:_:!u UNITED PACIFIC INSURANCE COMPANY - ~. ~,tl_n ~,, ~ . -_~ l~~J.c; _._. _.. __ __ ~.--~._._._...~_..__,.e.__,~__. _.~.-____-. ___.-_..._._.._._.-.. f ~iI"!L' f]_rmi~% bvUi.C: tlrlt%,` t}"iE'_ ~~1L.y Of ~:ilul~x ~71.`'.ta> `'~~it[? ~r ("•;~ i i=n?-'r~.i r. ~r, '-he star; of SEVENTY=TWO THOUSAND AND TWENTY_FIVE AND NO/lOP$ 72 025.00 ) DOLLARS Ja.vful rr~.oney of the ~ri1tE'G Stwtes, ro:c t}-I(? payment of t'~lc°h :.urn, ti:c~l.l c.nci truJ_y t0 iJC'. made, WE' bled Ot1rSE'1VeS, ~C127t1y rind S~?Vfru!_ly, I1r.iiJ'j' by - 1 .. these presents. The condit?.on cf the foregoing c'oligation is 8uc'i! that ;aherea.s said Principal(s) has-have entered into or is-are about to enter into the annexed contract. ~~.'itil the City of Chula Vista, }?ur.suar.t to the aut}~~or.:ity of an act of the le,islatu.re of the State of Cal if0~~°.~ia, az~p:r~~ved Pnr:~l~ 13, 1943, }mown as t}-i^ "Subdivision P"ap Act" (Charter 2, Part 2, Division 4 , Business ar.d ?'r.ofessions Code) and any amendm^nts thereto, fcr t.:~le grading and surfacing of Streets and the construction of curbs, slde~,'a1kS and CJUttE;rS and SeWE'rS , and otizer 1rt11~rOVement:' , a.ll ati S~iOL~In Gn tll improvement plans fcr. APOLLO UNIT #1 _ , ~~~`lich improvement plans are on fi.7~e in tiie ozfice-of t~he~Cty Er=lc7ineer~of they City of Chula Vista, ar.d the payment therefor by Principal (s) and; whereas tine Principal {s) i_s-are required by saicr City to give this bona ir1 can- r.ection wi.f.}-. tae ex~cuti.or; of said cor:truct_- NOP~, ~~H~'1tI'ORE, tf said Princ~pal_, as CGntractor in the cont.rac~ hereto arin;~x~~d, shall fait}.ful_ly perfor;ll each and al_1 of t}!o c;or.,c~i:~;_ons of said ccntrac'~ to be per-ormed by ili.rn, and shall fur-r•i:~h ,i_1 ',pools, eguil mvnt, apparatus, facil.itieS, transpor.tat7_on, labor; an<_J mat~~ri a.ls, other than mat:~z~ial, ~_f any, agreed to be furr_is}Ied by the City, neces- sary to perform ar?d complete and to perforr.l and complete i_n a good and workmanlike manner the work of APOLLO UNIT #1 _ in strict conformity with the terms aricl conditions set worth in tie con- tract hereto annexed, and shall. pay o_r cause to be paid, all persons who perform labor_ for, or furnish materials to said contractor, or to any sub-contractor, in the execution of said contract, then this obli.uation shall be null. and void - otherc,;ise to remain ir: full force and effect; and the Surety, for value received, hereby stipulate=s and agz-oes that no change, extension of time, alteration or adcziti.on to th^ terms o'_= t'_:e contract or_ to the ~•JOrk to be performed thnr_e~~nder, or t'_i s eCi:Li cations accompanying the same, shall in any wise affect. its obligations on th;.s bona, and i t does hereL-y waive notice of any sl~cl change, extens _on of time, alteration or addition to the terms Of the contract or to the ~•JOrk or to the specifications. APOLLO ASSOCIATES, A PARTNERSHIP -EVE $~r; Baha Contxa ting Co. B y :~_ MICHAEL A. MORRIS, Vice President UNITED PACIFIC INSURANCE COMPANY $y. , "~ ,. .. .. f ~,- l Attorney-'in-Fact` Contractor ?`~PPF~~~VI;+ AS `i'O FOPi~': ~ F, ,. , ,~--c,.i ~z. - f _ j_ T _ _.-.----~------_ ~ty A~.torney Surety The pxemium charge fox this Bond is $1,080.00. ~. ,., 34 STATE OF CALIFORNIA COUNTY OF- San Diego } SS. a On Januarys 1971 ,before me, the undersigned, .~ n ~, rn a Notary Public in and for said County and State, personally y appeared MICHAEL A, MORRIS ,known to me to be the_ V1Ce president, and "" ,known n °~ to me to be the "" Secretary of BAHAR CONTRACTING CO, , the corporation that 5 executed the within instrument and known to me to be the persons ~"o who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of a __ _ TIME DEVELOPMENT CO, the U partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner u and that suc~rtnership executed the same. 4 n Q= `" °' A N r, d ~ M Coairt:-:-sio: ~z r 10 1971 Name (Typed or Printed) ~ Notary Public in and for said County and State State of California County of San Diego s s: FOR NOTARY SEAL OR STAMP o~4G~0~0~0®OOOOOOO~QO ~\ ANNE GROGAN O rl ~„`_i-/ - `G~! 'Y ?i!2LIC - CAl?~=GRNiA ~ /4~ - ,~ frtaiVClPAt Cf~lC"e 1N t3 {':~'~~ $AN DiEwp COUNTY a°-"`SOS `~O~,ot74f]OO000OOOO~TO On January 4 19 71 before me, the undersigned, a Notary Public in and for said County, personally J. D. MIDGLEY known to me to be the person appeared whose name is subscribed to the within instrument as Attorney-in-FacT of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he ,54FbsaA~~A!`~1e!~ame of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 1S ,~ ~ - n own epw nS.,A4.~toarney' in'~`acTr' - ~ ~_.+~ e ~\ ~ , y,. ;~ c i rr ~ ~ ,I i 1 ~ ~~ ~ P v My Commission expires 19_ ~~(~uTTT~ T~ E VE ~, ~N~~ dir d`A7f ~s`di41~du4?ty 8-2004 California - JuraT (Attorney-in-Fact Acknowledgment) Rev. 1-65 ~1.~ / ,_, " "t. ",' ,. B. NO. ,B-626570 BOND FOR F AI l'H.FUL PEp.F'Omt'io'JCE KNO~'l liliL lVlEN BY 1].lHESE !;JPESEN'rS, ~.lh~t..:r/1^Je APOLLO ASSOCIATES, A PARTNERSHIP Principal, and UNITED PACIFIC INSURANCE COMPANY 1 as Surety, are held Find firmly bound unto the City of Chula Vista, State of California, in the sum of SEVENT~-TWO THOUSAND AND TWENTY-FIVE .~D,NO/~p$~025:00 ____), DOLLARS lawful ~,oney of the United States, ::Oar the payment of ,,;,i.;:h sum, \'iell and , truly to be made, we bind ourselves, jointly and soverally, firmly by 'these presents. The condition of the foregoing obligation is such that whe;::eas said Principal(s) has-have entered into or is-are about to enter into the annexed contract with the City of Chula Vista, pursuant to the authority of an act of the legislature of the State of California,approved April 13, 1943, known as the "Subdivision Map Act" (Chapter 2, Part 2, Division 4, Business and Professions Code) and any amendments thereto, for the grading and surfacing of streets and the construction of curbs, sidewalks and gutters and sewers, and other improvements, all as sho'\vn on the" improvement plans for____AP~~LO UNIT #1 , which improvement plans are on file in the orfice of the City Engineer of the City of Chula Vista, and the payment therefor by Principal(s) and; whereas the Principal(s) is-are required by said City to give this bond in con- necti,on witch the execution of said contract; NOl'J 1 rrHEREEORE, if' said Principal, as Contractor in the contract . hereto arinexed, shall faithfully perform each and'all of the conditions of said contract to be performed by him, and shall furnish all 'cools, 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 comple,te in ,a good and workmanlike manner the work of APOLLO UNIT #1 in strict conformity with the terms and conditions set forth ln the con- tract hereto annexed, and shall payor cause to be paid, all persons who perform labor for, or furnish materials to said contractor, or to any sub-contractor, in the execution of said contract, then this obligation shall be null and void - ot.herwise 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 t~e contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in c.ny wise affect its obligations on this bond,' and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. " APOLLO ASSOCIATES, A PARTNERSHIP TIME llEVELOPMt:N 1 GO. . By: B~g CO'~ ~: ~.' MICHAEL A. MORRIS, Vice President UNITED PACIFIC INSURANCE COMPANY By: \ 1 Q. D, MIDGLEY,: I . . , . 1 Attorney-in-Fact Surety Contractor ,~':- APPHOVED AS TO FORI-!: ~ t, ~ Attorney The premium' char.ge is ,$1,080.00. i :;':;" for this Bond , , ", PW-E-34 'I r~ ~ ~. d> :-:- II ~1 t:>.Ui :a ~ . B 6 '" 15 " . ~ c '" " c Ii .c- o -" u ~ u; 0.! -'" ~ . i:1iii ~ ~ ~ I.,;., ",. ,. .' '. . . .. ,. ,. 5T ATE OF CALIFORNIA COUNTY OF San Diego On January 5, 1971 } 55. , before me, the undersigned, a Notary Public in and for said County and State, personaily appeared MICHAEL A. MORRIS , known to m~ to he the Vi ce President, and , known to me to he thp Secretary of BAHAR CONTRACTING CO. , the corporation that executed the within !ns.tru~ent and known to me to be the persons w~o executed. the ~'thm mstrument on behalf of said corporation, saJd corporatIOn bemg known to me to be one of the partners of . TIME DEVELOPMENT CO. , ,he partnership that executed ~he withiri instrument, and acknowledged to me that such corporatIOn executed the same as such partner and that such rtnership executed the same. FO.R NOTARY SEAL OR.STAMP A N M Comm is-sioL Ex r 10 1971 Name (Typed or Printed) Notary Public in and for said County and State / , State af Calif?~ni'a . ~)i County of San Diego ss; On January 4 J. D. , 19B before me, the undersigned, a Notary Public in and for said County, personally MIDGLEY known to me to be the person appeared whose name is subscr!bed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_h\A:f~.JfJ'lP#'t'h.~:(ame of UNITED PACIFIC INSURANCE COMPANY, as Surety, c_nd h is - " ""-'l~'\l\l', . . - I _u . own ~reeb'O?~rf:tl'tAtn.ey-1 - actr~.lO: AR~HU_t.ln fi" ~. .,. EVEL~N ":.". . : , . ~ :.. ,'i(~/~ N01ARi ,'~.'\l.,~ \i!. ~ \ ~:l'.41f_,~, .' I G'!;'" S3" ",'~c Co. c, \S-:}:f; Pnncrpa ' " \971 . ~, E pi"cS Dcc. \.." JI tM commissiOn x .: r;..,If,~- ~~:t,f~,,~.J"-N"v.~ ,,'l;ioa;A.~.!.i..u...~et'Bmoer IS- ~.~ap~ . . My Commission expires 7l~ 19 - / uLn- -z::.- EVE ~ ~t-i~J;;, ARt;;HJJ;{'~Iil.y - B-2004 California - Jurat (Attorney-in-Fact Ac~nowledgment) Rev. 1-65 ~ l,,: (~ . .' ~ ..t' /' . ( , \'- -~. " ..:; -'" ( . ~. ",. , -'1,.,.. -/,; ~'.- ,~"'~.. ..~~' '_, ,..;1 ....,... i'f' .."", "1' ,nH- .,.,,' ~LS.Sq'<, ., UNITED PACIFIC .. . INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE GROUP HOME OFFICE: TAC,?MA, WASHINGTON 98401 FIDELITY "'~D $lJRETY DEPARTMENT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal offices in the city of Tacoma, Washington, pursuant to authority granted by By' Law No. 37,A of its By, Laws. which reads as follows: "The President, any Executive Vice' President, any other Vice' President, any Assistant Vice' President, or any Resident Vice' President of this Corporation, shall have authority to appoint in writing such attorneys'in,fact as the business of the Company may require, and to authori:>c such attorneys,jn,fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre- tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile. and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu- tive Vice-President. any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur- suant hereto, and revoke any and all authority conferred by any such appointment," does hereby nominate, constitute and appoint J. D. MIDGLEY, of San Dieeo, California its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP. The execution of such bonds or undertakings in 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 Tacoma, Washington, in their own proper persons. IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by'its thi>: Executive 5th Vice-President and its corporate day of !.ja rch seal to be hereto affixed, duly attested by its Assistant , 19---20.-. UNITED PACIFIC INSURANCE COMPANY Secretary, Attest: Isl Louis G~ Graham, .Jr. Assistant .Secretary By 1~L'Jyf"rri ~ R n.~QTIV E~{ecutive Vice-President (SEAL) STATE OF California }" . County of Los Anp,elef:i On thlS aL day of M::iACh , 19~. personally appea.red l'-iorr is E. n rmV'o and Louis G. Graham~ Jr. . to me known to be the Executive Vice-President and Assistant Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing instrument and affixed the seal of said corporation thereto. and that By-Law No. 37-A, set forth therein, IS stilI In full force Witness my hand and seal hereto affixed the day and year first above written. My Commission Expires January Ii,. . 19-.liL. County of Los An<:!:eles }" IGI Kathleen Harrin~ton Notary Public in and for the State of (;;t 1 i forn i ~ Residing at 1,0'1 Aneel eH STATE OF California I, T,ouin G. Grahar:l. J:i:"~ Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY. do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same is still in full force and effect, this 4th. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at the City of LoS A.ns.g.Lec _ .7~~~.A.-~--.....-., 9 (SEAL) Assistant Secretary ~[,5. .5 9 Z- day of January 71 .19__. B-I021A General - Power of Attorney Rev. 11.66