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HomeMy WebLinkAboutReso 1967-4355Form No. 352 RESOLUTION N0. 4355 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN HILLTOP TERRACE VIEW UNIT NO. 1 AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Balmac, Incorporated dated the 14th day of March 19 67 for the completion of improvements in the subdivision known as Hilltop Terrace View Unit No. 1 a copy of which is attached hereto and by this reference made a part hereof, 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 Lane F. Cole, Director of Public Works Approved as to form by George Lindberg, City Atto y -1- .Ai50?'~E~ r~T~D A~'?aRO~JP;D by th;:. CITY COLTN(~I:~: of the ^iTY OF ~;il!1LA VI~T_~, CA~sFGRN-IA, this ._ 14th ~ day of ~_ March ~_s~, i967 , cy the t:~lloTving emote, to-wit;; A'iFS:; Ceunciimen _Sparling, Sylvester,_Anderson, McAllister McCorquodale NAPES a Couaci liner. None ABSENTa Co~uncilme-z None ~~ - Mayor of the City of ...?~u?_a Vista ATTEST ,`'. t ~G~x.~.c 1~ City Clerx STATE OI' CA?~ LEORN E_~, CGIJNT'? OF SAM fiIEGG ~ ss . CITY OF CHUiA 4~?STA i I„ ~ENT~'r~TN :.. CA.'~IE~3r:L~, City Cler?c of tl,e City of Chula `/_ista, California, DO HEREBY %LRTi_FY that the Gbove and for_F:~oing is a fui' , true -,.iid c:,?-~:e.c copy of and that tlse same rds nct been amended or repealed. SATED s Cit}~ Ceric C,-652 rigs-h' Form No. 410 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of March 1967 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and BALMAC, INC., a corporation P. 0. Box 11014 San Diego, California 92111 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 HILLTOP TERRACE VIEW UNIT N0. 1 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must 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 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 its own expense, all the public improvement work required by City in 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. 3966 approved on the 25th day of January 19 66, 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.66-61L through 66-62L, 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 TWENTY-NINE THOUSAND, SEVEN HUNDRED EIGHTY-ONE AND NO/100 DOLLARS ($29,781.00), -1- ~ - ~ Form No. 41C Page 2 to which ten percent X100; thereof has been added, which estimate is attached hereto marked "Exhibit A" and made a part hereof, and WHEREAS, the estimated cost as approved by the City for the installat:~on of ail monuments is attached hereto, marked "Exhibit B" and made a part hereofe FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS To comply with all of the requirements of the tentative map resolution; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement andi'or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and by this reference are incorporated herein and made a part hereof. It is expressly understood and agreed that all monuments have been or will be installed within 30 days after the completion 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. It rs 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- divsion or, whichever is the earlier. It is expressly understood and agreed that the 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 to the San Diego Gas and Electric Company for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the protion thereof serving said buildings or structures approved by the City, provided, however, that the improvement security shall not be required to cover the provisions of this paragraph, and It is also understood and herein expressly agreed to by Subdivider that in the performance of said work, Subdivider will con- form to and abide by all of the provisions of the ordinances of the City of Chula Vista, the Code of the City of Chula Vista, and the 7_aws of the State of California applicable to said work. Subdivider further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to City an approved improvement security in the sum of THIRTY-TWO THOUSAND, SEVEN HUNDRED FIFTY-NINE AND NO/100 DOLLARS ................. ($ 32_,759.00 ~~ which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part hereof. Subdivider further agrees that simultaneously with the execution of this agreement, it will furnish-and deliver to City an approved improvement security in the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ...................~$ 250.00 ~~ to secure the installation of monuments, which security is attached hereto, marked "Exhibit D" and made a part hereof. It is further agreed that if the public improvements are not completed within the 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- V J C~~l3 -'- 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 established 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 cos+ 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, liability 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 ademnification 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. 4355 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. TH~ Y OF CHULA VISTA //~, ~_~ ? SUBDIVIDER, BALMAC, INC. Improvement Completion Date: March 14, 1968 Improvement Securities for Subdivision Improvements: Form: Bond - Insurance Company of North America #M-488609 Amount: $32,759.00 Monuments: Form: Bond - Insurance Company of North America #M-48861 Amount: $250.00 Approved as to form by Cit Attorney STATE OF CALIFORNIA, ss. _ _ .........................................County of.........San...Dieg.o _..... On t11is_......2~.th....... day of ........February ............................. in the year one thousand nine hundred and .........siXty seven, before me ......._...._ Louise Pe..pe.r.......... _.......... _... ........., aNotary Public isa and for the STATE OF CALIFORNIA personally appeared Rudolph W. Hertsch...... ~~~ 1 LOUisE P~EPER l,nozvn to me to be the person whose name he subscribed to the within NOTARY PL1GLiC - CALI'rOPN1A ~'"~ ~°~ instrn~rient as the Attorney -in-fact of the INSURANCE COMPANY ru ~ PRINCIPAL ~':FHCc IN ~;~ ~ sAN ~leoo covlvrY OF NORTH AMERICA, and ackyaowledged to me that he subscribed ~""`"" ~.-~.--~~r''~% tl2e name of the Insurance Co~npa of North Am~e ' reto as surety ~~~ and his own name , as Attor ey~ -in-fact. ;~~'~ F- ,... _.-. < , Notary Public in and for the Slat of California wdh Principal Office San Diego *~tT in the p C4y_tx Rf_ SB-125b 6-19-64 Printed in U.S.A. 1.iY L'OTC1TIl1SS10T1 eX Tres O 10 ~~. - EXHIB~~ ' BOND NO. M-4886og ... C...._~ ~~ ~'®It ~'A~~°8~'dJ~ lOCE ~RFtO?~1 ~L.~ ME~3 ~~' SSE ~3~ES~~~CS o ~u~ t I/Ae BALMAC, ING. , A CORPORATION o i~rinc~.~+a~,o and INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION as S~reta~o are. held sand fialy bo^~:nd unto thg ~.isy df Chula STistao State of ~ali`o:~n~.a, ~n Lh~ eu3s? ©L THIRTY TW0 THOUSAND SEVEN HLmTDfZFn FTFrv NrnF z Nci,/~ nr~1 ~ o _ nn ~ e r75r lawful aeeo~ney e~f the '~aai"itesl ~SLateso fo~° the pay*_ment of which ~p •~sell and °~:~x.~.y tc be ~ad~o we irin~3 ory~.~.se~,?~eso ~oi~stl_y a:~d se~;ez~a~,~y, filet bQs the~~e pre ~~a~is s . ~'he ~ c©~adi~ion of t%e _~:r~rgoing ob,ligatican is such t=~au~ wi~,ereas ~~~id ~'~ri,s~cipal"~~~~, inas~have entwr~ed ~.s~to.or.'is-ara abo~.t to ents:r i~x, ~~.~ a~nne~•= ed co~ni~v3!c^r with the ^ity of Chula ~Iista, gaursuart to .the authc~~,~~° of a~n act of the ie~p~sl~utiare ®f the State of Ca~.ifornia, approved l~p~"i i. ~j; 3#30 T~ia~awra.as the ""Subdivision b~"iap 11ct`" QChapte~ 2aPart 2, Division ~, ~usin~ss a:~d ~~cfe'~~iong Cadet .and any atiterdments thereto, for t%p g~-^adin~~ a~:d sur~ f~:tra~g of str~eta ar~d "the 'construction of curbs., sidewalks ali~s~ y~a~~~ye~°s end ~~e~erso aa~d otter i<^pro~e~nents,all as sho~iin on the impro~sr~~~nt pl~.~: fog HILLTOP".TERi2ACE VIEW UNIT N0. 1 - which improvem ~eeast plans: are on file in the office of the City Engineer of the City og_ C'ia.yT a ~i~~a, and tine, payme~.~t. therefore .by ..Principal (a) undo whereas the. :~ri.nci~al ~ s~ is-area realuired lpv ..said City to ,give- this bond . in coaansction ~r~.t`ic: ties ~~~ecuta.o~* of sa:i~l coritr~cto ~~~o '~S'1E~E~°~h~.E, Yf said 1~~'irscip~l, a$ Contractor in the contract &~:eTM~et~ a~n:~~~~edo s~-,sa..ll faitTr~.fru~y roerform each and all of the cond.tio~as of said. ccinsraci~ to be perfor~.e~d by hins.~ and sha3l furnish all tools e~zis~~~xnta' appars$;us, fa~ilitieso tr;ansp©rtation, labor, and materialso ©tin~° t~n~.h m~,t,sri~l, if aany~ ae~re:ed "to be furnished by the Citvo necessarey to ~srf:arm any! co~pleta a:~d tc ~~rform and c®mplete in a ~t~soc3 and wori~ara~ ~i3o:? x~~:.anne~~ tT~e wo~°k of HILLTOP TERRACE VIEW IINTP N0. 1 ;6;ia"~t~a~~.t cc~afoxm~ty with the °erffis and eOn33tlons setforth in t~:e co~- tr,~.e~~. ~a~etU :-zr~ae.,~e~?a and s:hal~! ~::~y~ or i~ause to be pa do .all persoa~~ c~'-~s: p~~°~orsE labor for.o or f?3rn~sin. zeat~rials to said contractpr, or ~co any ~~bm~~-~~,`r~~tbr, ` in tine e~cetut~.on of ..said contract, then: this obligation +%,.~.v~. be sncall and void •_ otherurise to remain in full force a.nd effc~ctg ~,~d t:~e.u=ety, for vabue ~ece~.•~%ed; hereby stipulates .ana3 a~rnes t~a~.~ rs:a ~rlnw;n~~, ~sxtenson of timed alteration oir addition. to the tens a$ ir.?rae co?n~ tract ®r ts~ tte work to b9 perfo;c~ed thereainder, or the spe~i~i :at.ao~s accos~pan~ira~ tYse sasa~~e, ,~:~aa~:~' sn any wise affect its oblig~.tbo-as o~: :phis '~ornelo ~~~ad it does hereby ~~m~e not, ce of any sucki change, e~cten~or? •~f tu~~~RO altzr~t~:~:z or a33ition to the teraaas of the contract. ox ~cc the sacra cs 'ro the s~ecifioatiorso Signed seal and dated February 28th, 1967. BALMAC, C., A CORPORATION INSURANCE COMPANY OF NORTH AMERICA ..Rudolph W.'He sch Attorney-in-Fact Contrac`or N Ci~~ ~t'~ tray Premium $491.00 for term of two years or less " X5.(10 ~t~a ~v®-.~ ~~@~Fse~~~.---- Surety ~-y~5 S°i~S STATE OF CALIFORNIA, ss. .........................County o f........._. San...Di.ego . ..... .... On this_.........2.8th..... day of _...........Fehrua.ry ....................... in the year one thousand nine hundred and .........s.i~ty-seuen before me ...._ ......................Louise....Pepe.r .. ...................................., a Notary Public ivc and for the STATE OF CALIFORNIA personally appeared ;.~._~.__, ~ ~ _ ~,~~ Ru.dolph. _W. Herts.c.h __. LOUISE PEPER _ .................__.. _...._....:.. __, .. ......... ..................._...._. ........ ___ ~ i .r^9 ~- "' NoTa~Y ~ uauC - cAUi~oR~lA fivcown to nae to be the person whose name he subscribed to the within _-< , ~ PRIFICIPAt '~rFICE IN f,.~ instrument as tlce Attorney -in-fact of the INSURANCE COMPANY ~t~' SAN DIEGO CGl3~tTY __ _ ~~ OF NORTH AMERICA, and acl;vcawledged to me that he subscribed the name of the Insurance Covvep y of North Amertca hereto as surety and his own name , as Atto nevi' -in-fact. .---- ; tiGG-~2t ... c..c,~._ .. _ __ _ _ . Notary Public in and for the tale of California with Principal Office ~^''~ in the Co my of San Diego SB-125b 6-19.64 Printed in U.S.A. I~ ~ 4 ~~ Nay Commission expires 8-18-~9 ---- ---- '~°'~ ~°b° ~'. ~~° ~~ ~~~~ o. T~ra'~ b/~i!~e o BALMAC, INC., A CORPORATION asd ~~~ ®n~bdnV~.~l~a' sand ~F~'~aac~~aa1D and ~e INSURANCE COMPANY OF NORTH AMERICA a ~o~~~~af~~:on ®~ ~b~ ~ga~~ o~ PENNSYLVANIA a a~i ~ana~dgr, a~'a fln~~~1 ~sns~ £~,~a~ilr b~axa~~l ~n,~~ ~n~ ~~~:g• ~~ ~lnr~~a ~~.agao a l~f~aLa~~,~a~~ ~~~~~~~~°'.~~~o ~a~ ~~n~ ~~i~uaa~s~ ®~ Haan ~be~~ p ~~a ~~ ~~*r ~I ~ ~®~ ~.~a a a~.an~ ~® ~~~ ~~ ~~ ~~,~ 'l~~;rn~ ~~! og ann~ ~ana~ ~.b~ ~~~~o~~ wP~a® a+~e~ ~~f~a~ ~aa~a~~ bgs ~c~a~on ~~ ~~nc~ ~~~~~~y~ ~~' ~~.r~. o®a*~1~1~~®n~ IlAe~~®~o ~aa ~1se ~~;~al a4aasr, ~~ TWO HUNDRED AND FIFTY & NO/1©0($250.00 ~ ~t~f~al, r:-a©an~~ o~ ~~u~ t?rs~:~~~~ ~~a o~ ~lnn~:~~~cao ~o ~ ~a~~ ~o `ti~~ ~~,~.~ c.a~~ b~Il~4~o u~h~ aald ~~Inc~~a~ ~~ p~e~~ngl~ ~n~~a~~~ Sn sazba~~ ra,-~~.n~g ~~~~aara ~aa~c3a t® be knows: as HILLTOP TERRACE VIEW UNIT/aa0.tft~~~~aion ~.n the ~~~y ®~ ~'~~~a ~J~a'~ao inr a~~os;dasn~:~ a~i~~$n Mile- ~on~~a~~ fog ~oaap~,~~~on c~ brng~~®~a~m~~n~~ ~~a~Tcno~~~e~3 b~Y ~e~o~~3~~.oas o aid '~F~`:~~~~ +~.°,i•~ ~~s~,~ ~':~~~~:~.~~~~ ~a~~~~a nm~ ~o ~~~ ~ra~~~l.~ anaea;!n~~~^:;~°;~ M~,o~ b,~a ~® ~~aa ~~~o~~r~~e-.~a~ ~~ ~~:~ ~~,~~~. a~?~.~ of ~:~~ s;~b~~ai~~.o~n ea:~ ~;~a~,r~~~ '~•~ ~~_; ~~~o '?P"~zuP.ie~~cC+~~, °'~~?:~> ~;~B.~I~~.cn o~ ~:ka~ above ob3~s~a+~on ~-.r~ v.~za`~ .i:,~ =s-~ ~'~Isa~sg_>aI a~~a:~, ~.~~;~ ~°~~. s3y.:~.:.b~=~ mo;na:,s~s~n~t~ ®f ~h~ sna;~~~~ b~ DON MAIMONE _ ._,_,~.° ~.~ ~~v: ~;s?E` ~~~?~~ YCP;~yL*~ ie* ,~~~5~. ~l&b~LZ~`+i??S..C3S°;~ :~ !i°~^.~~`~,"' ''~. ~~b~~~y ~ o~x ~'~?.~ ~;~~rL ~~~ ~:~~~ En~~~ri~~® of the ~i.~v o£ C'I~~I~. aa:.~~sa~ ~,~~~~-:.~ ~a~ ye ~cn ~~~,~~~ ~a~~ rcn~~ ~.s ~a~~~b~ ~.as~a and ~aara~e 3s ? n~or~o~a ~~~ ~::~°~°~ ~.:ra ,~: ~~.oa~c~~a '*~~~~ ~~~; fv~ ~~ ~n a:ulio an~3 e.oco~sian~g ~o ~Fse oae~nase~~~ ~~ ~t~~ ~'~_, ~~ ~:c~~nl~ ~~'~~°~a ~~ ~c~~°~a a.~~~ e~~~~~ ~,~ •;t~~` ~~~e ox ~~~~r;~ ov ^e~~,~ B~.a;:•a~ y-ara TJ~' ~~~~Z~ lsA'~~ ?i~w°~?~~~r~~ ~~ 15~~:L s~v ~~~Dy L°0~~~,e:Yl~~i.°Y~ ~~~75 ~'~:b~:~wh1,T"'.y y~'S4E'~~'~~e tbon anc3 a~c~~~as~~:~ of ~~ail's~:I~ i:"~~~o~ic~~~nr~~ ~a~~~n ~a~~ ~~a.ba3.~~~a~e~n.o ~~sc~~i ~~i~ ob1~.~a~s~oxa ~taa~I b~ ~o~zl, o~:~~~a:~~~~ Ito remain ~n ~~;:~~ ~o~~~ ~~~ ~~.~~~~s~e I~t N~1'3'b~~~ ~~~~~o `~.~~ ~~.~~ Pr~"n,a~~al 33'!R1 Surety 'llaa~ ~d•S?'~~r.^~S^"~n ~~'' ':~;ea,r '~ar.~dso ~:~~,~ 28th¢a~~ ~~~ FEBRUARY ~_ a I~ 67 C~ INC TON ~~ a ~ ~~~ INSURANCE COMPANY OF NORTH AMERICA ' ' ~ ~7~' S~U1'1~~= - ~'~Ec~~'ne~ n £a~t Rudolph W. Hertsch - ~~-s -~ Premium $15.00 for term of tern vears or less STATE OF CALIFORNIA, ss. _ .......................................County o f......_ .San. ....De.go..._............. On this.........2,~.th..... day of ................_....F..e.b.x'ia,~,a~y..............._. in the year one thousand nine hundred and ......s~.~.ty-.SeVe.Sl., before 2ne ..._.. ....... Louse....P.eper , a Notary Public in and for the STATE OF CALIFORNIA personally appeared _...... -_...__Rudolph.W._Hertsch __..... o ~~ LOUiSE Pe.4'ER 1.'yl-own to 772e to be the person whose name h,e subscribed to the within NOTARYPU{1LIC-CA.{GRP~IA 2nStYHntent as the Attorney -in-fact of the INSURANCE COMPANY P&ii~CiPAt C: FiCE IN OF NORTH AMERICA, and acfinowledged to me that he subscribed ~s SAN DIEGO COtJ1VfY ~ ~~~~~~ ~ the name of tl2e Insurance Co2npany of North America thereto as surety and his own name , as Atto ~ -in-fact. n~~ .............. U Notary Public in and for the State of Cali{ornia with Principal Office in the oun o San Diego SB-125b 6-19-64 Printed in U.S.A. ~ COTT1IC11.SS]-021 expires ~-1~-~9 BOND ~°~CER MA°t'N~I~ida AND EaAaoR aoivD No. M-4886og- ISAd®6l~ AIaIa kdEN' BY ~A[ESE PRES~N~So That 3/We BALMAC, INC., A CORPORATION the contractor in the contract hereto annexed, as ~~incipalo and INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION as Suretyo are held and firmly bound un$o the CITE' CF CHUI:A 41ISTAo a muni® I cipal Corporationo located in San Di®go Countyo California, in t%ie sum of SIXTEEN THOUSAND THREE HUNDRED EIGHTY AND N0~100 - - - - ($ 16,380.00 ~,o la~rful money of the United Stateso for v~hich paymento well and truly to be madeo we blvd ourselveso jointly and severallyo firmly by these p,~esents. Signedo sealed and dated FEBRUARY 28th, 1967 '~.'t3e condition of the above obligation is that if said Pr~.ncipalo as contractor in the contract hereto annexedo or his or its subcontractor fails to pay for any matea°ialo provisi®nsa provender, or teamed used ino upon, for or about the performance of the work contracted to be dome by said contractoro namelyo to furnish all tooled ea~uipmex~t, apparatuso facet ilities~tr~a.nsp~rtati,ono laboro and materialo other than materialo if any agreed to be furnished by the Cityo necessary to perform and' cocrpleteo and to perform and complete in a good and workmanlike mannero the work ofs HILLTOP TERRACE VIEtid UNIT N0. 1 in. st~~ir..t ccr fc~mance •s~rith ties terms and conditions set forth n the con® tract hereto annexedo or for any work or labor done thereon of any mindo said Surety will pay the same in an amount not exceeding the sum herein- above set forth and alsoo in case suit is brought upon this borda a reasonm able attorney fee to be fixed by the courts. 'his bond shall inu~~^ to the benefit of any and all personso companiesa and corporations entitled to file claims under and by virtue of the provisions of an act of the d~eg~.slature of the State of California entitled "An Act to Secure the Pay meat of the Claims of Persons Eanployed by Contracts upon Public in6orkso and the Claims of Persons who Furnished Materialso Supplieso Teamso Imple~ meats or kdachinery Used or Consumed by such Contractarsa in the Perform an,;ce of Such 6dorksa and Prescribing the duties of Certain Public Officers with Respect Thereto°°o approved lKay l00 19190 as amended; and the said Surety for value received hereby stipulates and agrees that no changed ~axtension of timed alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompany® ~.ng the cameo shall in any wise affect its obligations on this bonno and it does hereby waive notice of any such changeso extensl.on of timed altek~ anon or addition to ties terms of the contract or to the work or to the sisecizicationso ORPORATI@N ~~ ;' INSURANCE COMPANY OF NORTFI AMERICA j;~ ~ //%' -~ _~~%__t/_,,-~ ~ ~ = j~~~~ Bar '~ ~ ~ , _ p~ e sc tin ac Contractor X500 - 5th Ave.,,_,San Diego,, Calif. Surety D AS ~° Ci°~y At rney n _ S~'P®,~;8 Pr~ium included in Performance Bond /~ e ~ ~ ~ ~