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HomeMy WebLinkAboutReso 1967-4390Form No. 352 RESOLUTION NO.~`390 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN MESTLER MANOR UNIT N0. 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 JACK R. MESTLER, INC., a corporation dated the ~d day of ~q p 19~, for the completion of improvements in the subdivision known as MESTLER MANOR 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 >- -, ~s) Lane F. Cole c~~- Lane F. Cole, Director of Public Works Approved as to form by i ~ - ~ ~ -- George D~indberg, City Att~~y -1- ADOPTED AP'D APPROVED by the CITY COLTI~?CIL of the CITv OF CPULA. V3~TA CALIFORNIA, this _~~ day of May , 19. 6? by the follo:,Tin~ vote, to-wit: AYES: Councilmen Snarling. Syl vester, Anderson. McCorauodal e McAllister T;AYES : Councilmen gee ABSEi1T: Councilmen None i~~ i j" ~ ) ~~ ~ ~ ~ ~ -~ ~ f / ' _ / { D~ayor of he ~_ ify of bl~ Vista /~ c: ~; ATTEST City Clerk STATE OF CALIFORNIA ) COU~dTY OF SAPS DIEGO ) ss . CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Caliro~nia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct con~> ~~i and that the same has not been amended or revealed. DATED : City Clerk CC-652 SUBDIVISION IMPROVEMENT AGREEMENT Form No. 410 THIS AGREEMENT, made and entered into this 2nd day of May, ~ 1967 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 UNIT NO. 1 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must 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 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. 4364 approved on the 28th day of March 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. 67-20L thru 67-23L 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- EIGHT THOUSAND, SIX HUNDRED EIGHTY-TWO DOLLARS.........($28,682.00), Form No. 410 Page 2 to which ten percent r; l0o~ thereof has been added, which estimate is attached hereto marked "Exhibit A" and made a part hereof, and WHEREAS, the estimated cost as approved by the City for the installation of ail monuments is attached. hereto, marked "Exhibit B" and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 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 and,for land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials r_herefor, 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 recuired improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed.. It ~_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 anniversary date of the recordation of the map of said stb- division or, April 26, 1968 whichever is tPie eariier~ 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, gnat the improvement security shall not be required to cover the provisions of this paragraph, and 3:t is also understood and herein expressly agreed to by Subdivider that in the performance of said work, Subdivider will con- e 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 ]_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-ONE THOUSAND, FIVE HUNDRED FIFTY DOLLARS.... ...........C$31,550.00 1. which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" and made a part hereof E Subdivider further agrees that simultaneously with the execution of this agreement, it will furr_ish and deliver to City an approved improvement security~.n the sum of SIX HUNDRED NINETY DOLLARS ...........................($690.00 )~ to secure the installation of monuments, which security is attached hereto, marked "Exhibir_ D" and made a part hereof. Tt is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement sec'ur'ity may be used by City for the completion of the public ~_mprovements within said subdivision in accordance with specifications cor_tayned herein. 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~a~d 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 engineer._ng 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 ~:rlemnifdation 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. 3 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. 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 OF CHULA VISTA I ~ ' ayor `~ ` SUBDIVIDER ' ~ ~`~ Improvement Completion Date: May 2, 1968 Improvement Securities for Subdivision Improvements: Form: Bond, Am.Motorists Ins. #7SM 157 977 Amount: $31,550.00 Monuments: Form: Bond, Am.Motorists Ins. #7SM 157 978 Amount: Approved as to form by " City Attorney -4- _ ~~,~tIFFLfIr 1r_su~anes o~~'~Sn: C',R:i^dCELET ST. LOS ANuELES 5%, CALir'". ~ BOND NO. 75M 157 977 Dunkirk 3-2?58 ~ ~®I~ ~'AY'YtL PE~OCE Executed in' Triplicate JACK R. M~SThER, INC, a_Califo ~''~ AFL MEN ~~' ~~ ~E~ESEIE"d'S o °~at „~i/ae cor oration nd 'JACK R. MESTLERo individuallyr MARIE MESTLER, incflividuall 1~r.7inci~ell a ~~~ AMERICAN MOTORISTS INSURANCE COMPANY ~ a~. ~'~~~t~r~ a~~ weld and fi~,l~r lao~nd ~a~t.o the ~i~y' ..~f Chula `ta'i stao ~t~te gf ~al~for~.i~:~ In sine ~ of TxTUTV oN . rr*u r. Arrn FIVE HUNDRED FIFTY &n0/1~ 31 550.00 ~ o la~f~al a~.c:~ey of the ~Enitecl ~St~iteso for the ~vagnnent of ~shieh ~~ ~e?~: and ,sr~,.ly to he ~a~~a ~e hin3 o~.rse~,~eso ~oi~ntly and se~e~'al~yo. f~.~l~. ~Q,~ there ~re~'~~~ts o ' `~."~•?~ • ~o~dit:~~:>~il e~f the _~~r,yg®ing o3~ligati~un is sa~eh --"saaat ~here~.~ said ,~ ri~~.~:ipa]~'((sD h~.s-~:~~ ~e enterced ~.r.~to , or 'is-are ahoazt to enter. in•~so t~L~ annex-= ed ecil~i~~~~~t s~,~t~ tie City' cif Chrala ~listaD pu~rs~zant to the auata~~.~~,~~ of '~.r ~~:t of t~~ leg„s:L~ati°a~e of the Stage. of Califo~'nia o ag~pr®~red Apr. ":~~. l~ o i.9~3 0 ~no~~i:~.s brae a°S~a~d~~ision Idap Acf'° QChapte~: 2Part 20 Diyi~ion ~° ~us:~.mL~ss and Prdf«~~sior;s ~CodE~. and an.y am~endanen,ts theretoo .for ts~e ~radia~~~~ Grd ~~~- fa~~~~~~~ of ~tr~et:~ ~.~d •the eonstrueticn of curbso sid,~Yaalks . ah~T g~,~,,t~rs ~~?;d ~eF~er~ a: -and. < ot7~er i.*a~aro~reme~ats o a~.~, as shun on the impro v~ua~r~.t glen foY MESTLER MANOR UNIT NO. 1 o wrhieh img~m~em ;vent planes ere on fi`Te ~,n the offiee of 'the City Engineer of the City o,~ c~~.~~~ y.:~3.~,~0 ~n~~ tae payme.~t therefore ,by Fr~.ne~,pal4s~ ansta whereas the. PriT~ei~a? ~ s~ is~a~°e ~'ee~uired by s~~,d C~.ty . to .gi~re this Yao~d : ia~ ecnraection ~F.~t~r ~~h~ ~ae~~1l~..%o~? ®f ~~!~~, Cti~iSt~'caCtg R~~~W~o ~'~s1~~!~~.,Eo ~,f said ~rineipalo as Contractor is the conara:~t he~N~t~ a~:~.~e~edp s'hs~..l~, faitFa.~~z1~L;~p~~f~rm sash and all of the- coditio~is of ~ai,d:, cc~~s~rs,ct tc~ b~ pv~f~ed by .h~o and shah. furnish all too,sn ~~~~~~.~~aa~~icnt o' ~~pa:e~i`~~s o fa~~,li~f ies e , tram sport~tion ~ lab®r o and inai~er is i' s o ~th~~ ~:'~~:~ a~~ts~i~~,o ~f an~r~ ~.gr~ed:tC? be furnished key t~xe C~.ty~ ~:ecsessary Aso ~~1 f a ~°~a ~n-~ eo~ccplo-~°~ne a_~a to rfox~a 'and ' c©mglete in a good a*ad .~c~ik~an~ ~ ~~k~= -""='•s~~~'~ th~° ~c'~'k of MESTLER MANOR UNIT NO_ 1 ~~u. ~t~:~~i~. ~;~o~sforzct.~t~r ~it~ the =~er~:s -and eonditi.ons set Barth in the con t~sr.~ s. ~'se::t ~ ~.'.~` a~un~~~~ u c°'S. lt'C~f~-„~~. ~~.~ ~2~y Cr Cu°~.15e ~® ~e! pa>e' CS o a.~i.~ ~ !c=1"',~CyT'ji ~ ~w7~;~lt? ~~ ~'~nr~t, ~.al~Or fo:: n Or f~3%nT ~L~ b~a~`~~ i~:.b.~ ' tQ said COntraetmr ° O~ n0 3; yy ~,~~~co~ i~.racta~~, in the execuic.a,on of ..saa,d con~:ract, .then t~ia.s o?~~.i~~a9~:Tsc°?~,. ~_,;iFa~ ~" he' neap. ~xnd ~adid .m .ot'her~n?~,se to reareain in full foree a.nd ef~=e~y=~ a:~dl ;~`re ~uretyo fof r~ral~ae ~.ece~.a~e~a Y~ereby stipulates and agmees the r. ~:~ ~xh~,ng'ea ~raC~e3YaIlon ®f yiflLG~o 3~~e.o°e`'.tiC3n ~5C° additl.on to tll~ ~e~y"!t~ ~~ I~":C~~c: <ltiE?m.~ t~~~~~, ®~c 'to t~,e waorl~ tea he ~>e~'fo~-~ed thereunderp or the sp~edific~tao~n;~ ~~c~s;~pan~ing tl~e sa~eo ssda~~ sn ariy wise affect its olalig~tions on ~h~~~ ~~O'sud„ ~t~~ ?.~~ dG?~s h~'b.e~fl~~'y' Ne'~'~~?~ nc,"~,~5~c~a°~ ®f any ~"3~`lIl ChdnG(ea E~gCten~J:.;;~n :~~~ '~.,nnu~bo ~i.'~~~~r~?'~~Lfax'S O~ a~~L~~t~`i,~ tO ~?~,~~ t~rlffi~ Of t~"ae COn~raCt Ob' :~O `~'~.~ ~aiCY`.'~s, ~~z, •~o tah~ ~~e~~,f.~.;eats.or:~ o JACK ~MESTL r INCo Calif. Corporation 1 ` j~,[v]~~'`AT~T' Mf1Tf)RT.4TR TNS7TRAN('F COMP NV BYs _ ack Mest r ~ ~ ' x ' William Ao.Keyworth,Attorney-in-Fac• .Marie Mesfllex, indivdiaully Surety ~,L ~R~~`~i~D AS TO 1~Oi ~i~~y ~~t~o ~~~i'~ER, ~nsu2a.ncE . :. S0. CARvN~~LET ST. BOND NO, 7SM 157 978 '_~: ~,PGELES 57, CALi.f. ~~ ~,~~ Il~~°~°~p'~IODT ~~~Executed in Triplicate Dunkirk 3-"_•168 JACK R._ME$TLER, INC,., A . &~o~ ~ •' B~ ~~ 1~ItE~ffi~~o. '~ I~~e o California Corporation and Jack R. Mestler and Marie Mestler ~~ ~~® ~ffi~C~~~~d~~° <^a,IS~d ~~S~3IlC"4~~~'„o ~~~ ~ AMF.RT('AN MnTORT4T9 TN4 T AN MPAN a C~o~~z~~~ oan of tla~ St~'~e of ILLINOIS o ~ ~ ~x~~r o &~'e ln~~~ aa~d fi~i~ ~~a~d u~n~o the ~it~r ~f ~nu~a ~i~tao a M~na~~~,~ip~l ~~~~~~~;.:~®~n~ ian ~ta~ c~~ex~aty ~f fan ~iegop Sta~~ of~ ~aliforanz,aa aid t® ~aad fog; the }~~~s~fi~ ~f and sand all g~~rs®ra~ mho g- ~~af£'~r ~~~ ~y ~~affio~ ~~~ the ~~~~~~i cif' ~th.~ co~d~°~io~~ hereof o i~ ~~~ ~nm~ sua~ c~~IX FIUNDRID NINETY & no/10~ 690.00 ~ ]~~~fna~ ~ao~ney ®~ C~~S;e 1?;~.:~te~l eta of 1~uericao to ~ paid to the sas_d ~it~ of ~ul~ e~r~;s°~ao laands to }ae k~n~~n as LNE=mLTER MANOR s~ula2ii~isioaa ira t,1<ae City of Chula ~~,~tao i~a a~,~o~d~,~~ce with tine contract for Coaa~lef,io~n ®~ 1~~epro~ea~es is St I ~u~.Tcn~~;i~ed 2~~ ~esol~ti~~n o aid ~3n~?~'ei~a~o '~~',~ ~~~d ;4 !u.L<C:a'~~n,~• !~~~;:t~~',a`~ ~C~~ t~ ~C:~ c?~d5~~;1J~.~. d13~Ti1F~'3fl~°:2°y~ L`?"m'tS.'~ to the ~e~oc~dr:3~~,~>r~ ~,f t~~,a final ~~.,~, ~~f the suhd~~risi~an as~~, ~~e~ ~~~reR~, ~a~ c~~=~ sa~3e at ~ ~a~:a~ d~ b~ G t~ou~h ~~~~~ set fort~n ~~:~ fullo and accor~ii~n¢~ to the ord~:~aQn~~s ~rf ~~`~~~ ~°~"_~. ~~ w~P,"~~~~:~~°s~ ~!.?'n fti;,,r~rCsy ~Il71~ effe.'~' ~'l `~:.~f5,~e' ts:iP4d~ ~f G~'i'v3.k~1~ ~,'~ ~~''~~ !S~~igwa.~ e'a$;. ~riau~imaa~ ~:~,~~~. ~.~ v`~ w=;~ ~. r32a~~;bie ~oun~aents of the sur~;e~ b~ Fdwarc3t~ -''a' ~+ Bulthuis and. ~;,.,a ~~"'' cf to 7~+omb _~._w~_,_. ~~~ ~~ =,`'~,~ fs~y:,l m,a~ r~ ~as?~ saxbdi~xmkion~ ~ cv ~~r ..~ ~~~i~•°~nls ~a~n f'~~.e ~ith~ the c9 ~ Engi~n~e~ df the -City of G'hu~ia ~`~is tai ~.~;~:~r--;~~~, e~me to ~r~,ich said a~.~~ :~s ~nereb~ made and saa~ae is inco~pc~ra~ueu°: ;,Lei°e~.si ~~~. ~~' 1~`+r~~®dS'~ Ud7l~' ~~p~~~~~~~ ~~ ~l~~:a`~~ ~~~~ ~C'.Ln~G~.`d2t~Y~ d~~'c-r d~ s':i`~T':iii2~~ Ee~~ty~~~e '~~,~~v3 a~~t ~~°~+~~"~~n':e~ ~~:. ~;,~~~~~ i~ES.~~'G~1~~(~dA~1Ct`~:~ F~"~~~fn".~.n ¢3~~m1` ~~.d~~,i_`~d:.c~~e~P,T.~ 'r~1t`i~~RSl 6V"~R~~o the said ~rimmc~,pal is ps~e~e~tlgr ena~~c~ed izn s°szhd~,~%din~ ce~tair~ ~c~ra Ri~z'°~i`, °~he ~~~nd~t~c~n cif ifk2P abase oli.~~gat~a~~ Ts ~°''~a~: :k.~ ~,;.m ~?~~ a~bi~~a~~~n ~ha~~ ~~ r~r~~do ce~.e~~~.~~ ~~ ~°ema:~n ia~ ~~.?i ~~~~,s ~.~~ ~f~ro~%e I~~ ~~~°~3E~S ~1~.EC~o ~.~~~~ said ~r~.~~ipa~, and Suret~r have ~~~~~~~.~,c s~~tc. *; ;e ~~,~-.~~ •~~~:'A~l,~ 1st c~~~ ~-~~a MaX o ~ 9 67 /~ JACK ~~ MEST~,ER, INC a oalif . Gorparation stl b cam=' ~ - by; ~~ ~ ' '_ '~, a ALV]F.R'[('AN ~~~~TST4 T$bS,~T~1~.NCE COM~ANir °~ ~ ~.. _ - ,, ~ _ - 6~~5 50- CA,i~O~DELEi Si. i ~` ~,~~rE~ ES 57. CALir, BOND NOo 7SM 157 977 CJi~'s~~k 3 ~iC8 BOND F®R MA3°ER~L AND LABOR Executed in Triplicate JACK R, MESTLER, INC. a ICY®6~' ALL MIiI~. EY SSE PRESENTSo What I/~7e California Corporation and Jack R. Mestler and i Marie Mestler o the contractor irk the contract hereto annexed, as ~Princigaal~ and . AMFRT(`AN MQTORISTS INSURANNCE ~~'IPANY 0 as Suretyo are held .and firmly bound undo the CITY OF Cf~TLA ~T3SI'A, a muni® i cipal Corporationo located in San Diego County, California, in the sum of FIFTEEN THOUSAND SEVEN HUNDRED SEVENTY FIVE &no/100($15,77~00 ~a lawful money ~~f the United States, for whgch payment, well and truly to be madeo we bias;d ourselveso Zointly and severally, firmly by these p;~esentso Signedo sealed and dated May 1st. 1967 ~°he condition of the above oblia~ation is that if said Principalo as contractor in the contract hereto annexed, or his or ite subcontractorL fails to pay fdr any mate~°ialo provisions, provender, or teamso used ino upend for or about the performance of the work contracted to be done by said contractoro namelyo to furnish all tools, equipment, apparatuso fac- ilitiesotraaa$~S~rtat~,ono labor, and material, ®ther than materialB ~,f anyo agreed to be furnished by the Cityo necessary to perform and'completeo and to perform and complete in a good and workmanlike mannero the work ofe MESTLER MANOR UNIT NO. 1 in strn.~ t cc-a~~f~-~•mance with the terms and conditions set forth ~,n the con tract hereto annexedo or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum here~.n- above set forth a.nd alsoo in case suit is brought upon this bondo a reason able attorney fee to be fixed by the courts. Phis bond shall inex:~e toy the benefit of any and all personae companies, and corporations entitled to file c~,aims under and by ~~i~°tue of th.e .provisions of an act of tine Legislature of the State of California entitled "An Act to Secure tt,fl ~^ayc ment of th.e Claims of Persons Employed by Contracts upon Public k'orkso and the Claims of Persons who Furnished Materialsa Supplieso Teamse Imple~ ments or Machinery 3bsed or Consumed by such Contractors, in the Perform- a1~e ~f Such 6~®rks° and Prescribing the Duties of Certain Public Officer, with Respect 7"hereto°'o approved May 100 19190 as amended; and the said Surety for value received .hereby stipulates and agrees that no c~nangeo ea~~,•ensa~ on of time d alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompany® ing the cameo shall in any wise affect its oblig~itions on vhis bondo sand It does hereby waive notice of any such changesa extension of timed a,"~te~® ausi6sn or addition to the terms of the contract or to the work or to the spe~:~,f.ic~;t ions o JACK ~, MESTI,.~R; a Cali„forr~-y Corporation v ~- ~ ~ ~ ~ ~ AMERICAN MOTORISTS INSURANCE COMPANY ack R Mestler x William A, Keyworth,Attorney-in-Fact ~II~CD~C arie Mestler Surety A d5 AS' ^'/ ~~`P/Z~ Cat°~,~, Att nay ~/ S~~ry~'S STATE OF CALIFORNIA, ss. COUNTY OF LOS Angeles ON M~ty 1st , 19 67 , before me, the undersigned, a Notary Public in and far said State, personally appeared William Ao Keyworth °~" ~` known to me to be the erson whose name is subscribed to the within Instrument, as the " ~~ ~ Attorney-in-Fact of MF T AN MOTORT GTS INSURANCE COMPANY %` and acknowledged to me that -he subscribed the name of - ~ ~ ____ AMERICAN MOTORISTS INSURANCE COMPANY I =; ` ~ thereto as principal- and h own name as Attorney-in-Fact. ' WITNESS my hand and official seal. a, ~ J queline Petersen My Commission Expires 3~20~71 NAME (TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT-Attorney-in-Fact-Blank Co.-WOlcotts Form 218-Rev. 3-64 STATE OF CALIFORNIA, ) COUNTY OF LOS Angeles } ss. ON May lst 19 67 before me, the undersigned, a Notaryy Public in and for said State, personally appeared William A, Ke orth F ~i~`~ ~E7", ,~,, known to me to be the person whose name is subscribed to the within Instrument, as the ~/\~°~' -~--•--~ A`~~ Attorney-in-Fact of AMERICAN MOTORISTS INSURANCE COMPANY ., ~~, and acknowledged to me that -he subscribed the name of ~.~ __AMERICAN MOTORISTS INSURANCE COMPANY thereto as principaL_ and h own name as Attorney-in-Fact. ~ ~~ •~. . ~ ~, ;;_ ~; ~' ~: WITNESS my hand and official seal. ' ~` ~~o ~ ~ ~Q=~,u=.~iric rezerSen My Commission Expires 3lZO/71 NAME (TYPED OR PRINTE nr.KNnwi rnr_e,ceir NOtBrv Puhlic in and f~....,~d ••~~~~~,-~~~-~a~~-oianK ~o.-wolcotts Form 218-Rev. 3-64 STATE OF CALIFORNIA, COUNTY CF_ LOS Angeles ~ ss. ON Mav lst 19~Z before me, the undersigned, a Notary Public in and for said State, personally appeared William Ao Ke orth ~-_~ known to me to be the person whose name is subscribed to the within Instrument, as the ~' _ ' '` Attorney-in-Fact of AMERICAN MOTORISTS INSURANCE COMPANY ~ ' 1. `~ and acknowledged to me that -he subscribed the name of ' AMERICAN MOTORISTS INSURANCE COMPANY ~', - thereto as principal.- and h own name as Attorney-in-Fact. ', ~ -> i WITNESS my hand and official seal.: %,~~~i~ J~cq{a'eline Petersen My Commission Expires 3~20~71 NAME (TYPED OR PRINTED) Notary Public in and far said State --~••~~•~ -^«~~~~=r-~~~-~ac[-nianK co.-wolcotts Form 218-Rev. 3-64