Loading...
HomeMy WebLinkAboutReso 1968-4814Form No. 35? Rev. 11-67 RESOLUTION N0. 4814 RESOLUTION OF THE CITY COUNCIL OF THE CITY GF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN MESTLER MANOR UNITS N0. 3 AND 4 AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, Jack R. M~stler, Inc. dated the 2md day of July , 1968 , for the completion of improvements in that certain subdivision known as MESTLER MANOR UNITS NO. 3 AND 4 a copy of which is attached hereto and by reference made a part here- of, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by t~~~ ~ ~~~ /J / Lane F. Cole, Director of Public Works Approved as to form by ,~<'_~~ George D indberg, City Attorne ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 2nd , day of_ July , ]_9 68 , by the following vote, to-wit: AYES : Couneilmen_ Sylvester, Hamilton, McCorquodale, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None ATTEST City Clerk 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CERTIFY that the above is a full, true and correct copy of .Resolution No. and that the same has not been amended or repealed.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 ~, ~'_=fit t ~ ~, ~; ~_ C City C e Form No. 410 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of July 1968 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and JACK R. MESTLER, INC. 355 "K" Street Chula Vista, 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 MESTLER MANOR UNITS N0. 3 AND 4 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must either have 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, that 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 at its own expense to install and complete, free of liens, all of the public improvements andjor 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 its own expense, all the public improvement work required by City ~_n connection with the proposed subdivision and will deliver to City an improvement security as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions contained in Resolution No. 4593 approved on the 31st day of October 19 67 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 City Engineer as shown on Drawing No. 68-76D thru 68-82D on file in the office of the City Engineer of the City of Chula Vista, 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 SIX THOUSAND, EIGHT HUNDRED EIGHTY-NINE DOLLARS....~$106,889.00), -1- ') /? - ~ ~',~ F orrn No . 410 Rage 2 to which ten percent 100; thereof has been added, which estimate is attached hereto marked "Exhibit A" and made a part. hereof, and WHEREAS, the estimated cos r_ as approved by the City for the in.stallat~on of ala_ monuments is attached her°eto, marked "Exhibit B" and made a parr_ hereof FOLLOWS: NOW, 'T'HEREF'ORE, IT 1S MUTUALLY UNDERSTOOD AND AGREED A.S To comply with all of the re~ui_r_ements of the tentative map resolution; to do and perform or cause to be done and performed at its own expense, without cost. to Cz.ty, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all. of the pia.t~lic _tmprovement andror land development work required to be done In and adjoining said subdivision; and will furnish the necessary materials r_herefor, a11_ i,n strict conformity and in accordance with the plan~• and specrta_catzons, which documents have heretofore been filed :in the office of the Ci~r_y Engineer and by this reference are :tn~;;orporated herein and made a part hereof. ~?t a.,~ expressly understood and agreed that all monuments have been or will be instal]_ed within 30 days after the completion and acceptance of t:lie rec~tuired improvements, a.nd that Subdivider has insta.Ll.ed or will install temporary street name signs if permanent street name sa.gns have not been insta.li.ed. 1:t ~.s 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. ,~:nniver.>ary date of the recordation of the map of said su.b- d.iv.~sion or, July 2, 1969 wh.LChever is tYie ear i_ier . It _t_;~ expressly understood and agreed that the subdivider will perform saa,d ~~mprovement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy Z.n said subdivision prior to the issuance of any certificate of clearance for utilit~• connections to the San Diego Gas and E.Lectric Company for said buildings or structures in said subdivision, and such certif~ca.te shall not. be issued until the City Engineer has certified ;n wr.~iting the comp_Let.on of said public improvements or. the pr:otion thereof serving said buildings or structures approved by the City, prav:Lded, however, that the ymprovement security shall :not be required to c~:,~iser the prov.;_sions o.t this paragraph, and :it is also understood and herein expressly agreed to by Subd3_v~der that in the performance of said work, Subdivider wx11 con- form to and abide by ala. of the provisaons of the ordinances of the City of Chula Vesta, the erode of the City of Chula Jista, and the 7_aws or the Stage of California applicable to said work. Subdivider further agrees that. simultaneously with the execution of this agreement, rt will furn~.sh and deliver to City an approved zmpro~rerne;zt ser~ur.~ty ~_n the sum of ONE HUNDRED AND SEVENTEEN THOUSAND, FIVE HUNDRED SEVENTY-EIGHT DOLLARS.........($ 117,578.00 , which secu.rzty shall ~,uarantee the fai~:h.f_ul performance of this contract by Subdivider and i.s attached heretoN marked "Exhibit C" and made a part hereof,. Subdivider further agrees that simultaneously with the exe~~uton of this agreement, it will. furnish and deliver to City an approved improvement secur=t.y .xn the su.m of TWO THOUSAND ONE HUNDRED AND FIFTY DOLLARS...........C$ 2,150.00 ), to secure the inst.aliat.ion of mo.nu.ments, which security is attached hereto, marked "Exhibit D" and made a part hereof. It is further agreed that ~f the public improvements are not completed within t:he time agreed herein, the sums provided by said improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifications contained herein. -1- ~~-~~~~)`1 Form No. 410 ' Page 3 Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the Finance Officer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Subdivider, or its successors in interest pursuant to the terms of the improvement security. It is also expressly agreed and understood by the parties to this agreement 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, or his sureties or bondsmen be liable for the payment of any sum or sums for the above-mentioned work or any materials furnished therefor, except to the limits establYShed by the approved improvement security in accordance with the requirements of the Subdivision Map Act of the State of California and the provisions of Chapter 28 of the Chula Vista City Code, It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the improvement plans and the installation of the public improvements hereinabove provided for, and the cosy of street signs and street trees as required by the City and approved by the City Engineer shall be paid by the Sub- divider and that Subdivider shall have deposited with the City a sum of money sufficient to cover said cost, 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 the Subdivider shall guarantee all public improvements for a period of one year from said 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 the Subdivider, his agents or employees in the performance of this agreement. That upon acceptance of the work on behalf of the City, the Subdivider shall grant to the City by appropriate conveyance the improvements constructed pursuant to this agreement, provided, however, that such acceptance shall not constitute a waiver of defects by City as set forth hereinabove. It is understood and agreed that City shall not, or any officer or employee thereof, 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. Subdivider further agrees to protect and hold harmless City, its officers and employees from any and all claims, demands, causes of action, lability or loss of any sort, because of or arising out of the acts or 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 paragraph. Said 3:demn~f~ation 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 consequence of the diversion of waters in the construction and maintenance of drainage systems and the approval of City of the improvement plans as submitted by the Subdivider shall not constitute the assumption by the 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 plan. Form No. 410 Page 4 In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reason- able sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. 4814 of the City Council of the City of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE CITY OF CHULA VISTA .e !~~ C ~,1 a ~ 2 ayor ~,, SUBDIVIDER, JACK R. MESTLER, INC. ~` e Improvement Completion Date: July 2, 1969 Improvement Securities for Subdivision Improvements: Form: Boni No. 8SM 158 460, Am.Motorists Amount: $117,578.00 Monuments: Form: Bond No. 8SM 158 461 Amount: $2,150.00 Approved as to f by -4- _ _ r .~ V ~ BOND NO. 8SM 158 460 }~.!((=:~r~~~~~r` ~~, '7,' (~r,;`~ Executed in, Triplicate tQ~ ~;RC~~ES ~ %i~UF~ ~ ~'OR ~AI°'LT~ PE~'O'E~C~ UUnkitk 3-1168 JACK R. MESTLER, INC. , AND ~O~ A~n'L~ NL'~1~* ~"~~~ESE PRESEItI"~5 0 ~ha ~ ~/~! JACK R . MESTLER, INDIVIDUALEY Pr~,nc ~gs.~~ ~ ~~~d AMERICAN MO~~tISTS INSU1j,A~CE COMPANY P as S'~~~t:"~ ~ a. h~1d an~i ~i~~ml~' boun~3 ux^to ~:lZin ~'i~~y ~~ 'hula vista, St~.te e~f Ca~:l,;~oY;}•~'~a~ in t~.t~ ~x:~ of ONE. HUNDRED SEVENTEEN THOUSAND FIVE HUNF~BlED '~ ]11.7 „578.Od _V F SEVENTY EIGHT AND NO/100 ~~,a~'f'~~' ~oF~~~y cif the ~~n~~`~ed ~sts.~k,eso fo~~ the pay~tent of inrl~?~.~%; ~;^,~ b~l~.~,~', and ~f~:~~ ~~o ~:~~. r~ad~o ~e bs.a°,~3 o~~.rse~,~,~eso ~,o~ntly and se~era~,s~~ :~~~Y~~:~~ ~°<,> ~hl~Q~ y,~ y ~'k`l. ~'' (e~~~~+~.1,*.J~c~%.Ril '~,~.~ ~~'~~ ~r~m ~~:'~.~>n~ ~~4-7.i~..'~u.~6'~k'~;~.~n >a,~ ~~..a~.~, &,.i~t~l'-~ ~.~~~'.., l~~S':,:<~ `~i ~;.: , , `~~'' , .~Js~'.a. h:'. '_, `,1.~16'i. ~i• ~~ ,e7~~~~ LY>~.q~, "'Ay.,uq{6,1 .,~~ ~., g~,1 'p.:(®w~~d,p~~.y1~,.~.u~'~' , ®~' ~ y~,.w°a~'~ G~:'Lb'~Z..~i ~s, '.~L.® ~~~,6 t~'~'-°.~ ....,.K ~:..,.~ ..'i~.~h'. t"~i51.t1'a~','.~.d~,.:, ~"'': Cr~ k:'~1~x~?. ~~:'; ~i. f..°7,. ~g>t8l S..d~:.~ ~~.. 14~ Q~~ ~4rSlu~a ~~~r~r C,.a, p~~~~a~i~ P ® ~JCL'~' ~~ ~ . .~~:,, 1 ;:" ~>1'~ 6.~">i~:c ~. ~..'Y ~~ ~=;i~~ leg,?ns:~~t'~u~e of the State, of ~alifo n~.a, app~:a~'~ed A,~.~ ~~°~,:~1 =,.:~ ~. ~! 94~ 1~:~c~~~ as she a®Sulbd~,~lsion D+iaga I~r~tB° .QChapte~. 2,Part 2, I?~~~rision ~1, ~~x~~~~:'„~;ss a~~ad. Pr~fen~s:~,or'Us ~Codea ,and axzy ame~sdments thereto, fca~' t:~e g~~~.d.i,~':~' ~Y:~:+: ~~~,_ a~;:u,~::~~ c; f stree~:s. ~~~d 'the cons°~,euction of. ~curbso sidewa~~les aa-;~ g''~~ ~.~:~~ ~'.:~,~~ .~~~e~'~, an.,~ atlZ~::° r.~n~~•o~ementsaa.l~. as shown on the imp::o~~~a~'~.~'. ~,~:~,a~rb ~~~; - MEST3rFR MANdR JJj~.~.N~ 3 > ~ 4 , wT1~.Ch itCtp~'®~ea. ~en~. ~p.1a~~~ a;~e on f~.1~e ~.n the office of the City Enginmer of the C~,ty cif ~~ ~uY~~, w~~~~'-~ o s.nd ~~~e, pa~~e~:~~. therefo~'~ .lay ~°rincipal(~~ undo r~hereas the €~ ~.~~,;~:;,~~al ~ ~ ;; '~.s-~are~ rer~u:~,red by s~.~d ~~,ty to g:~~~e tlna~s bog,'~3 T:.~~, ~~s~n~a~c'~i®n ~:l';, ~;~d~~ a €~.~~.~~ :.~~~ cif ~~, °~~. c;o~i~.s ~ .~:~ a N+°:`~ti :~r~~RE~"OP,EQ :~~ sa:~,d P.~ ~,n~.~,p~:~,a as C~,~ntrac'to~' i.n ':the ~;~,~x'_;~ a,~,~, ~ ~:~ _, ~ `r~~ a~~~.,,,~.~~~ ~ ~~,:~.'.:~. .fart"~a..~'~ui~>y pe:~ t~s~~n each and al,~, o~ tt.e 6w~a.:sd ~ ~'~.:~,o~~•. ~~`~ ~a~;~d ~~~~~~:~a~~; t~~ be p,~±~f~s~rn.e.d ~:'y h~ ~ and sha1T~, furn~,sh a ~. r~.cc~y,~~ ~~.~~.:.°5~.~x~~~5rn~ o appa emus o aci ~,iti~s o transpox°~:~.°~ion ~ labor, ~.rAd ma'h;,e~ ~,a.,s ~~°~,e~ Y::~,~,a:n ~~~°;~°'l~'.o~°~ ar~r~ ag:~'eed.t~ be furnished by the C`_~'ay~ recessa.°~';~ ', ~ ~:~~,?, ~ _ ~:'Ri aZ}'`y G..S:~~a~^ k,~'i,(~ ~.;C'3~ ~:(~? y ~~'~C,`~..~'LC~ ~.n~ Gi:Triplets: in a ~~',,..-;,~:~. ~.'ic~ .tit?'i:`"I.il'°~~s"i£P.•-' :,~',~~ ~1~.~.<<n„~~~~_' ~~"~,.e ~~r~ ,,~f ME_ STL~R MANOR UNITS NO. 3 & 4 ___ ~.,~.~ ~ ,.~ r_,,, ~o~~fo~;~a.:,~~F~r ~t~n~,;Y '~?~e terms a.nd conaitYOns set fc~~ ~,r. :~ ~' :.~,e ~-r,,r,~.• ~~~_.,~';~c..~?.~mS€, ,~~~O~v ~;ir..:`,'p C+~'' ~t~:;~"t'd'~t~t 1t1~.t~;TM'~~.1La~'t0 5~..3..d GOnt~`'ar~.~LY~.~ ~i'~;' G~ ~.;`:1,'~ ~".Y,~~-..E~'r`~.^.t ~~~~:~'~'C?~~, S,n u'kl~ e~eovT1~.:~T~ o'.~' .~al,d C.on~..~'ac~, then °°~123.~ C~T:a~ .,I,l~is~°..~~c".r~, °,!~,~~ ",~; ~>>~ ~u~~~l and ~c~~',d ~• o~.he~~~,se to ~eana,~.~ a.n full fsa~°ce nd r~~~r~:--' .....~~ ,°~~~~' Su~~~~ o foe ~ral..~e ~;ece.l.R~ed~ herabY stipulates and a'~..;~-~e~z ~,~.~' ~~4 v~~,,~n~r~~ ~~~e~~s~voN~ of ti*~-~~~ a.~r.9e~°~tion or ad3ition to the ~:e.~r~~s c~A. ~a~, `a.a„"~, ~ i'.,~:;i3's(~'~; GtY' ~C.~' ~:.~':~ `i~ao~'l~. `~~ ~~ ~ ~"~: ~t~~,TF+~'~C'" °~.33e:~'e~znder' 0 07r' the ~ ~ c c~'.~ ~ ~ '.> " ~..1. ~..3k; ;~,,;~~SiGJ~i`~.n`}~~ iA?.~ ~.1~~' ~~~11~ ~ ~w;i`s<3.~. ;.: i9'; d.g7'`~.' ~1'~Se a~~~C~ 1. ~.~~ulti`.~,~_r_^j~ ~,';::m,°~?_~ ! ~~ ~... ; ~ ~ o ?` ~.`S.;Q,'~. ! = t~ ~ 'P' ~C~ ~~i ~"U~~°t~:~''~ '~k r „ ~~.' Z'.i:e ~ .Y r'°,~ Cif an~7 ~~S.:h t&3n!'~~ f?.~~.,~~.;'" r; ~` .., ~ G o "' ..... , ., .. ~~ ,..~,,s.. ~. c~i ~ ,"!®~s;~`~ ~li~~~"1 f~'`': as~'~.~~>.~",.'v~`~,i "~'.~;u '~~11~ ~~~°IYe~ Of t~'~ C'On`t~_~'~if~, O'; `~;:E~ ':.~..; "+~C~.,.~': t~~:~': MESTLER INC. 3Y s ~/1l~ai. AMERI CAN M COMPANY ~ , r BYs_ emu{ ' r ' ~~,:. BY: ~~~ ~ ~'~ ~~~% A. F. Barker,. Attorney-in-Fact ntrac~o Su.ret~ >~».~.~ ~- S _.._ - ", / , ~._ ~, Aoo CEDAR STREET, SAN DIEGO, CA 3341871 _1FORNIA sauz;. STATE OF CALIFORNIA, COUNTY OF LOS AT~TGEL:~S -` ss. ON Tune ~ h, 1 ~3~,P 19 before me, the undersigned. a Notary Public in and for said State, personally appeared - -~-.--~ _ -A~ RKER _ _ _ known to me to be the person whose name is subscribed to the within Instrument, as the Attorney-in-Fact of AArt~~z~~T M11T rlDT CTC Tr~~ToTT?nz~c~' v~1S~~S and acknowledged to me that -he subscribed the name of__ _ -AME~T~~~n*T ^"z~~'^~D-~S~~--~~Tcrrr~n~=~Tr+~ ~t1r~t~Arnr _ ., thereto as principal__ and h own name as Attorney-in-fact. WITNESS my hand and offici I seal. ~ , My Commission Expires 3/2/71 - __ Y ___ Notary Public in and for said State. ACKNOWLEDGMENT-Attorney-in-Fact-Blank Co.-WOlcotts Form 216-Rev. 3-64 --- ~~ 1~~j~ ,, .~ E 5 S0. .,f,,;;n;~E~rLE S T T. LOS ANGELES 57, CALF„ UUrkirk S-21G8 BOND NO. 8SM 158 460 Executed iri Triplicate BOND FO'R NlATERA.~lL AND IaABOR JACK R. MESTLER, INC. AND KNOGIT AIaT~ MEI3. BX THESE PRESENTS„ That. I/kTe JACK R. MESTLER, INDIVIDUALL` the contractor in the contract hereto annexed, as ~r~nC]l~palB and MF.RT AN MOTORT T N BAN F, COMP TlY o as SuretyQ are held and f%.rmly bound undo the CITY OF CI~ULA VISTA, a munl.® cipal Co~°porat.~..ono located l,n San Diego County, Ca.lifo:~nia, in the sum of FIFTY EIGHT THOU,~SA_ND SEVEN HUNDRED ETC`H'T*Y NTNF ~ $ 58 , 789 .00 y' AND NO/100 :la~r:ful money of the Un~.ted Stateso for which payment® well and truly to be made~> °~e bia~sd ou~se:i~,veso ~ol.rrtly and sev~ra:r,•lyo f~,rm.ly b:~ ~.hese p~~sentse Signedo sealed and dated June 25, 1968 'The coaxdl.tion of the above obl~,gation is that if sa~.d Pr~.~rca~palo a,s contractor In the con~L.ract here to annexedo or his or its subcontx~ac~:orc fads °~o pay for any mate.~°l,a.lo provisi®ns, provender, or teams, used i.n,, upon, fo~~ or about the perfo~•mance cf the work contr~c~ed to be dc;ne by said contractoro name~Y,yo to furnish all too],so equipment, appa:~atusa fac- ~,l~..tl.esot~a~rsportat~,on~ laboro and mate:~ia,la other than materl,a:?., ~f a~wy~ a~~reed ~o be fu:;r°;rrlshed by the Ci!"yo necessary to perform and' complete and to perform and complete .~.n a good and workmanlike mannero the work ef~ MESTLER MANOR UNITS NO. 3 & 4 ~.~~~ str~•~t confc:~~mance whth the terms and conditions set forth ~.n the co~na~ tact her:e~.o annexede or for any work or Tabor done thereon of any 3~~rra'r3~, sa~..d Srz~et;~ will pay else same hn an amount not exceeding the sum here~n~• abo~~~e set fo~t1~ and a~,soo in case sua~~ is brought upon thl.s bond, a a~eason~= able a°~.to~•ney fee to be fl,ac~ed by the courts. Thl,s bond shall ~ln^~zrr~ ter t:he benefit. of any and al.:~ per,son~~ companl.esp and corporat:~ons ent~,t.~,ed ~:.o fi~l,e ev:i~~,~,:~,ms under and by ~r~.~°tue of tr~.e prov~,sions of an act:. of ~~,p t,e~~~,.s.~.atu;~e ref t;~se State of Callfo~nia entit;~,ed °'An Act to SeF.°u~•e time ~~'~° z~aen•~. cf the C.la~,ans of Persons Employed by Contracts upon Publ.~c; V+t'o.rks~ and °the Claims of Persons who ~'urn~.shed Mater,al,s Supplies e"'eams~ :~~mpl,e~ !gents or Machine~~y Used o~~ Consumed by such Cont~•actors, in the Pe.~~f.o.rm-~ ~a:;<<~e o.f Such Hl'orks o and Prescribing the Dut.~,es of Certain P~,b:l:i.c Cif fl ce ~~. w~~:~n Respect Thereto"',, approved 7Ma~r 1,00 .191,9 as amended; and the sad ~~u~ety `o:~ •~aalue received hereby stipulates and agrees their. no dhange~ ~~x~;ens~.on of ti,meo al~~eration or addithon to~the terms of the coniirac~~ c~~ to the work to be performed thereunder, or tyre specificata~.ons acco~rpany~ :~~~g the cameo shall in any w~~ise affec•~: .its obligations on t~-Yis bond, aTM~~.d ;~~• d:~es he~~~by waive troti.ce of any such changes extension of t:lmeo a~~~e~w•~ a~.~,c~x~ o~ addl.°~.~.on to tine germs of the contract o:,° to the work gar t~.o ~~~: ~;~e c.?~. f ,~ cat ~.c~n s JACK .I~iESTLER, INC. BY s ..,GGa- . AME B L` /ice'.` ~~1G-'>~ E ~ ~~~~ Rv . /' ' ~ ~~~~ n ~~~/ A . F . Barker , Attorney-in-Fact C tractoz°Jack R, Mestler, Surety ~'~"" `~" Indio' ually AP AS ~~ ~' 4~ Ci ~• Atto' ey ~-~.v~ t~T ~" // ~ S Bs-~ 23 CC~~ " '`°``~f ..• t. !, ~40o CEDAR STREET, SAN DIEGO, CALIFORNIA 9u1z / ~. _-- STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ~ 4„~ ~; ~ e n, ~G' ::~ %r~ ~~-7.~.~, c ~ \ V- A J r,, n v ~_ r ^~~~;~, ~.t ; My Commission Expires 3/20/71 ss. ON Tune 25th, 1968 ,19 , before me, the undersigned, a Notary Public in and for said State, personally appeared ~~ .BARKER _ known to me to be the person whose name is subscribed to the within Instrument, as the Attorney-in-Fact of A1ytFRr~ MCITCIRT4TC TNSURA_.LTc' ['nMPArTy and acknowledged to me that he subscribed the name of__ _ ___ AMF.RTCA1~? MnT(~RI$TT$__I1~TSTTRANC`F' OMPANV_ thereto as principal__ and h own name as Attorney-in-Fa . WITNESS my hand and off lal s I. ~ ~,~+~~~1anc Dci-orcor. (T 0 E - - Notary Public in and for said State. ~~ , -_ , ACKNOWLEDGMENT-Attorney-in-Fact-Blank Co.-Wolcotts Form 218-Rev. 3-64 y~~~~ ,,. ___ ~w° ~ 7' . „ _, ' t~.~,..:~ir.r~ _ B~[~D t+Ta. 8et~a158 451 ~:,5 .~~. Ci;;;C?"JEi.tT ST.~ Executed.ln Triplicate ~.OS iS,f~(~ ! ~S ~7. CALlFa Dlirkirk ~3-2168. 3UR 2SC~t14~ ~;1~~TA1~ATICN EiC~1~D JACK R. MESTLER., ZNC. AND KNCP~T AY~,L t+~N° B`~' SSE A~RESE o mat I/U1e o JACK R. M88TLER, INDIVIDUALLY ~-~ ~ht~ ~suhd~~~ider and ~r.inoi~a~, o ~tnd `the AtrtRRTC~N MOTORTSTS INSt1R~cg,y, a ~C~~'p~~ at.~,on ®~ ti'A~ State oi' ILLINOIS a a ~ 5~~ a head and ~~~t~ boennd unto tae C~ ty ~f Chula `Vista Q a 1Kana~, o~,~~ ~!. Co~~oa-a. `. ~ on iaa the County o~f Saar Da,ego o Stz~e ofE tli~o~ni,a o e.ndl t® end goy; the h~~:r~e~~~~~~ o£ any a~rnd alp persons ~vho ~y suffer da~aimage by ~ea~soaa o~ the ~rb,~~cy~ off' t~r.e ~on~i~tions hereof o in the penal, sum ca TFIOUSAND O~ HITND ~ `~ ~'~,150.00 ,~ FIFTY AND NO/100 ltvafax~, ~c~ney of ,,~~ue i~~a~:~,~ ~d Sta. of Ame ~i,oa ~ to be ~a:~d t~^-;Y~~~ ~a ~,d ~~: ~~ ~: ;a of Chub ~~i ~~;~.~ l4REASo ~.~he ~a~_,d ~~~a~,ne~ipal~~ presently ex~~aged in subdi,~~.id,ix~~ ~e~tair~ .lanels to Sae kn~a~ a~; MRSTLER MANOR UNITS suxaeli~vis~,on in the ~~. ~y c~,f ~~.1~~"_.~ No. 3&4 ~ai~tao ~n a~~~~o~wd~.n~e a~ai~:h the Con~~ac~. for Comp]oefa~Qn of ~mpro~~emeT;~~ author ~,~ed ~~~ rr~zc~~,~~:~.i,~~~ __ ~o a~t,d ~d ~:_ TR~i'k~'~°!Yr''".~-,,~, ~ c~? •~<~. ~ ~ ~ ~ ~ .'s ~ :d.i~^;. ;','k'~,~ :~1~~~~ 'g:~ ~~~'`%~ 4~4,~.s .~l~.~a: ~k~.'tu~x~~ ~• ,~ A~' a"J ,, a .. _., _. €~ : ~_ ~_, tee '~;~71~" `!"g?J~.~' .,.-~~,~ ';%. ~:, '~.~',c ~C.'. ~~-"~ ~ge~~s~ ~~~ ~,~~ .~'kl~d~~71.~~~.,~ii~ ~3'.~. ~i~. ,,.i..~'H~i 1};~~ rz.A:. o ~ ~' ~ .,~,~ z~nd ri.~ ~:~ 1f:~a.. aho~~ oh3,~,~,~a~ .ca~~ .__ _, ,.,.~. b~~~ . _. Bulthui s & Ivothomb ".g t ~ ~ n~~.~ of ~:he su~°~e~/ h~~ Edwards, Cram, ~;~ t~lE' !~1,'~.`V Cad ~~h`u.;.~ ~.'k ~A~~ ~ :w ~z s~,,, ex~,~~^ tcP °~h ti,~~~, aa~,d ~~~~~; -~s ~,~~~ela~r made and same ass ~,n~o~p~~:~~;~~! ~:'.~ ~;.~ ,~,~;, t~~o~.~~~~ `a~u~~~e ~~~~ fo~'~;~,. ;,i.~~ ~^~z~..i o a~.3 aco©rd~trfl¢~ ~;ea ~,he o~°di.na e.°:~;~~ 1,,~ ~v_~ '- ,k: ~£ ";;rn~~~~.~ ~~i.a~ya ~,~ ~~ ~~~„~ ~.uud e~~e~:~° ~.~ ~~.~~~" ~e~aTM~~ oaf n~r.i~~x;~~ ~:~~'~ ~.~ ~.~ .~~°.r.:a~ ~ M ~~ ~~~®`.17;'~ `i_,.~Ye C~~;~?~L~,sa~°R".4~M"~, k;~~ '%'.~~ ';w ;\.,~~~) Z:~°.~~a~.iLlt`.d.,3T~ d~~J'~a 5'r~ 5.. ~~~~,T" ~ °~~"tlhy~-".:,^'^.?~-, `~~,~51 and 3CK°^~'~9~ ~.i1~'~--' ~°~ ,~."a}~`..Y.~ :~,!!C~~'~`~s'dIIl~lu~~~, ~~ ~~~~.n °3~~d L~'~~.~Ga. ~.,`~? i ~~ ~ . z1',? „ r~I,C~I7l th.e ob `,~,,~a~ ~. ~n shams,:, ~,e ~~lo:~.d, ®~~.e~-~~i, ~e to ~°ema.i n ~~n ~`~ T,~ ~~~ a~ . ~°~..,;~~~1 e t.~'~~ay e ~~ b~~s~"~;~SS ~~2.~~~'~ ~~.~:,e ~~a~d r%,~.~^:ipa~, and Suety ha-~e ~~~.~:~~~;~,~~.,, , ~,~,~. t1re,~,~; h~;~s~s~ ~~a.~,~ 25 ~d~~ ~~TM Jun® ~,9 58 SIC R. MEBTLER, ~,,I~~C, ~ _ __ __ ~~~, ~~ Ai~t ey ~~~~m~~S AMERICAN MOTORISTS Atto~ne ~,n facet A. F. B~r~ksr (.~ \\ Lam.. ~ i STATE OF CALIFORNIA, COUNTY OF ?Y 'e~ S n, ,r we ~C O .~-~,~ \ ~f y .~ ~` ~'~ aF4 '4\ w ;~ -, ~.._~ a r _. i 4 `~ ~,'' ~ `J , ~\C~' ~'.~ tl.i~i'Sts,. ,.: yE (TYPI~_QR PjkT~~tate. `I~otar ublic in andfio ACKNOWLEDGMENT-Attorney-in-Fact-Blank Co.-Wolcotts Form 216-Rev. 3-64 } ss. ON , 19 , before me ~fi~`Undarsigned;' a' 4fVotary Public in and for said State, personally appeared knofiVn°'to~me tolli~ p~son whose name is subscribed to the within Instrument, as the Attorney-in-Fact of and acknowledged t0~in~ ftr~`t =~~t ~subscritfed"the ns~ie of ' { ~ ~" f ~` ' ~, Y there~~~frie~i~`-'~ and ` ~ ' ~i'Aame as~Atforney-in-Fact. ~' - - .. WITNESS my hand and official eal. ~ . ~; ~ , l~-~/~'i~f.