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HomeMy WebLinkAboutReso 1986-12802 c 466 RESOLUTION NO. 12802 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 82-3, EAST ORANGE AVENUE CONDOMINIUMS - UNIT NO. 2, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 82-3, EAST ORANGE AVENUE CONDOMINIUMS - UNIT NO. 2, and more particularly described as follows: A portion of Lot 4 of Section 18, Township 18 South, Range 1 West, San Bernardino Meridian in the City of Chula Vista, County of San Diego, State of California according to the United States Government Survey. is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map. BE IT FURTHER RESOLVED that said Council hereby accepts on Dehalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, street tree planting and maintenance, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 27tn day of October, 1986, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. 467 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by / J~6~n P. Li~pit~,'Director of ?T~omas J. /~yrron, ~ublic Works/City Engineer '-~ity Atto~ey 2160a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 4th day o[ November 19 ~6 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Cox, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None City of Chulo Vista / City Clerk ~ ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12802 ,and that the some has not been amended or repealed DATED ~ OF VISTA CC-660 ...... C 449 86 5 9655 SUBDIV~SXON IMPrOVEmENT AGREEMENT THIS AGREEMENT, made and entered .$~t~ ~h~!-; fith day of November , 19 86 , by and bet~e~ TH~ ~ITYOF~CHU~ VISTA, a municipal corporation, hereinafter call~ "City", and HOUSING OPPORTUNITIES, INC., 2247 San Diego Avenue, Suite 233, San Diego, CA 92110 hereinafter called "Subdivider"; W I TNES SETH : WHEREAS, Subdivider is ab~t to present to the City Council of the City of Chulu vista for approval and recordation, a final subdivision map of a propos~ s~division, to be ~own as EAST O~NGE AVENUE CONDOMINIUMS, CHULA VISTA T~CT 82-3, UNIT N0. pursuant to the provision of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal C~e relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either install~ and complet~ all of the public improvements and/or land devel~ment work requir~ by the C~e 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 agre~ent with City, secured by an approv~ improvement security to insure the ~rfo~ance of said work pursuant to the requir~ents of Title 18 of the Chula Vista Municipal C~e, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work requir~ in said subdivision within a definite ~riod of time prescrib~ by said Council, and ~EREAS, Subdivider is willi~, 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 o~ expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approv~ by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contain~ in Resolution No.10698 , approved on the 9th day of December , 19 81, and Form No. CA-410 Revised 12/82 C 4,%O WHEREAS; complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings No. 86-186 through 86-187 on file in the Office of the City Engineer, 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 TWO HUNDRED TWENTY-TWO THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($222,800.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements 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 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. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (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. 3. It is expressly understood and agreed that Subdi- vider 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 third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider 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 City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($111,400.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" 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 ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($111,400.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE THOUSAND NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($1,960.00 to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" 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 comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer 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. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- 0 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 City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 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, alley, 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, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, 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, its agents or employees, or indemnitee, related to 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 acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification 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 dive~sion 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 apDroved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 453. IN WITNESS h,~IF:.REOF, the parties hereto hate caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER ~'Ys~ o~ ~he~lty of-~ula KLAUS MENDENHALL, PRESIDENT ATT~/ City Clffrk ~/ Approved as to form by As~xstant~ ~ity Attor~ney (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) COUNTY OF RAKI DIEGO ~ SS. On this '?'~h day of CIotr, h~F , in the year 1986 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared KLAUS i~IENDENHALL personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, iktRtX ~ of the corporation thai executed the within ]nstrument, and acknowledged to me that such corporation executed the within instru- menl pursuanl to its by-laws or a resolution of its board of directors. PAMELA R. ANDERSEN Name (Typed or Printed) Notary Public in and for said County and State F 2467 R 11/82 (This area for official notarial seal) 454 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond A~ount: $111,400.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $111,400.00 Exhibit "C" Improvement Security - Monuments: Form~ Bond Amount: $1,960.00 Securities approved as to form and amount by As'~istant City Attorney Improvement Completion Date: Three years from date of Council approval of the Subdivision Improvement Agreement BOND NUMBER 30 36 95 EXECUTED IN TRIPLICATE BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and HOUSING OPPORTUNITIES, INC, (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated November 4 19 86 , and identified as projec~*~Tract 82-3, Unit Number 2 , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANy OF THE WEST , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED dollars ($ ]11~400.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. AS a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obliga%ion, all to be taxed as costs and in- cluded in any j~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: RON H. BALLARD its true and lawful Attorney(s)-in-Fact. with fuji power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete COpy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for end on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 2N]~ DAY OF JULY 1985. President / STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this2ND DAY OF JULY 1985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came E~NEST ~DY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described ~n anci who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were du~y affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, ~s in furl force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 9th day of ©c~cober 19 86. ~t~-~ m ' 457 BOND NUMBER 30-36-96 ~ SURVEY MONUMENT INSTALLATION BOND . ~ KNOW ALL MEN BY THESE PRESENTS, That I/We HOUSING OPPORTUNITIES, INC. as the subdivider and Principal· and the INsuRANcE COMPANy OF THE WEST-' a Corporation of the State of CALIFORN~ firmly bound unto the City of Chula Vist~ a muni-cipal corporation· in · as Surety· are held a] County of San Diego· State of California· and to and for the benefit of and all persons who may suffer damage by reason of the breach of the ditions hereof, in the penal sum of ONE THOUSAND NINE HUNDRED SIXTY AND NO/100-! ($ 1.960.00 ) lawful money of the~nite-d' States of America, to be paid the said di'ty of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as _ TRACT 82-3 UNIT 2 subdivision in the City of Chula Vista, in accordance wit~' ~h-e Contract-for Completion of Improvements authorized by Resolution -- , and WHEREAS, the said Principal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEREFORE, the condition of the above obligation is that if Principal shall have set durable monuments of the Survey by XINOS " , (name of ENTERPR[SES~ ~NC. as per the final map of said subdivision a copy of !~ · Engineer) ~. which is on file with the City Engineer of the City of Chula'Vista, refer ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the Citl of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following comple% and acceptance of public ' . . improvements within said subdivision, then 'the obligation shall be void, othez~vise to remain in full force and effect· IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this_ 9TH day of OCTOBER · 19 86 ~HOUSING OPPORTUNITIES, INC. · - ~ / ~ (Prin~cipal)~ ~ INSURANCE ..... ~ ~ ~ - BY_ City Y-in-Fact ' -- 'W-E-34 STATE OF CALIFORNIk, I C COUNTY OF S~N DIEGO ss. ON OCTOBER 9 ,19 86 before me, the undersigned, a Notary Public in and for said State, pe~onall~ appeareO ~~ KLAU~_MENDENHALL .~ [~ ~ ~*~FORNIA ~ to be tM ~rson~ whose ~me~ ~ subscribed to the within Instrument, ~ ~] ~ DIE~ COU~ ~ and ackfl~ledg~ to me that ~he~ executed the ~me. ~~ ,, t989~ WITNESS my hanO an0 o~cfa~ seal. ACKNOWLED~MENT~eneraI~Wolcotts Form ~Rev. ~ ~o~ry P~blic fn and [or sa[O State. STATE OF CALIFORNIA COUNTY OF San DiegO On this 9t~ day of October , in the year 198~6 , before me, the undersigned Notary Public, in and for the State of California, personally appeared Ron H. Ballard ~ OFFICIAL SEAL , ~, ., , ,, personally known to me (or proven to me on the basis of satisfactory NANC ~ A. FAIRCHILD ~-~,~.~,~ . evidence) to be the person who executed the written instrument as Attorney- ~"~- '.~T,,~ 10 A~'( PU~L C- C;,UFORNIA ~*~? ~-r'~.'~ PR*NC~PAL OFFIC~ ~N In-Fact on behalf of the Corporation therein named and acknowledged to me ~ My Commissi:n Exp. Juee 26, A.D. 19 8~6 __ . My Commission expires Juoe~26, 1987 / INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALI- MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate. constitute and appoint: RON H. BALLARD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obbgations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full. and complete copy: "RESOI-VED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 2ND DAY OF JULY 1985.  INSURANCE COMPANY. OF THE .WEST President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this2ND DAY OF ~TUL¥ [985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego. duly commissioned and qualified, came [RNEST RAD¥~ President of ~NSURANCE COMPANY OF THE WEST. to me personally known to be the individual and officer described m and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal. at the City of San Diego, the day and year first above written. M~ C0mm~ss~0n £1p Jan. 8, 1988 Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: this 9th day of OcLobe~ 19 86. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on ~cm~R~ 09 19 86 HOUSING OPPORTUNITIES, INC. INSURANCE COMPANY OF THE W-SST R~ON H. BALLARD, ATTORNEY-IN-FACT Contractor Surety AP~R~o FORM: C' -- City A~ey PW-E-34 STATE OF CALIFORNIA ss COUNTY OF Sa~_ Die_go __ On this 9t~h__ day of October 1986 , in the year , before me, the undersigned Notary Public, in and for the State of California, Personally appeared ~5~..~.%5~~..~,~j personally known to me (or proven to me on the basis of satisfactory ~~ OFr,r ..... ~.- ..... ~ evidence) to be the person who executed the written iflstrument as Attorney- ~, F~CtALS~L · In-Fact on behalf of the Corporation therein named and acknowledged to me NANCy A. FAfRCH~LD ~ that the Corporation executed it. R ~%~:~ "~'~c,.~Lomc~,. ~ Given under my hand and the Notary Seal this ~ day of October ..... =~~~ My Commission expires Jun~ 1987 ~ tary Public ~ ,.0UNIY 0F SAN DIEGO ss. 0N OCTOBER 9 · 19 86 before me, the undersigned, a Notary Public in and for said State, personally appeare~ PAMEC~ R. ANDERSEN ~ ~l::~,~ NOTARYPUBIJC-CAUFORNIA ,i~ . known to me, ~ ~ SAN DIEGO COUNIY ~ to be the person~ whose ~ame_ is subscribed to the within Instrument, ,; ~.~*~" ~ My Comm..~ires Sept. ~.5, ]989 ~l and acknowledged to me that X_he__ executed the same. WITNESS my hand and official seal· ACKNOWLEDGMENT~efleraJ--Wolcott$ Form 233--Rev. 3-64 Notary Public in and for said State· BOND NUMBER 30 36 95 EXECUTED IN TRIPLICATE BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and HOUSING OPPORTUNITIES, INC. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public ' improvements, which said agreement, dated November 4 19 86 , and identified as project 82-3 UNIT 2~ C.V. T~CT 82-3 , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (con~encing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED d~'llars (~11,~00.00 ), for ~aterials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condifion of this bond be fully performed, then this obligation shall become null and void, ofherwise it shall be and remain in full force and effect. INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Oiego, California, does hereby nominate, constitute and appoint: EON H. BALLARD its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowtedge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the insurance Company of the West at a meeting duly called and held on the Sixth day of February. 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys*in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." ~N WITNESS WHEREOF, insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 2ND DAY OF JULY [985.  INSURANCE COMPAN~OF THE WEST President / STATE OF CALIFORNIA COUNTY OF SAN OIEGO SS: On this2ND DAY OF JULY 1985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came I~RNEST RAD¥~ President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned. Richard S. King, Secretary of the Insurance Company of the West. do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, ~ have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 9th day of October 19 86. * * O 464 agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise 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 agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the 'agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on OCTOBER 09 , 1986 FIO~J~TI'JG OpPORTUNiTiES iNC. INSURANCE COMPANY OF/THE WES~T/7 / / . . - - · . BY: RON H. BALLARD, ATTORNEY -IN-FACT Contractor Surety APPROVED AS FORM: City A~ney PW-E-34 C 465 STATE OF CALIFORNIA, t as. ~UNff OF San Diego ON October 9 .19 86, before me, the undersigned, a Notary Public in and for said State, personally appeared ..... - ...... I<LAUS MENDENHALL PAMEU, R. NIDERSEN b~ ~ IlOi~il~aLm~-c.~o~ p, ., knoum to me, ~ ~ ~ DIEGO COUNff ~ to be the person~_ whose name__ is ~ubscribed to the within Instrument, ~ ~a~. I~ Cram_ ..Bq~lmSel~. 15~19~ and acknowledged to me that x~he__ executed the same. WITNESS my hand and offic~ Notary Public in and for said State. ACKNOWLEDGMENT~e~eraI--WoMott$ Form 23~Rev. ~-64 ST~%TE OF CALl FORNIA ss ~OUNTY OF San Diego On this 9th day of October , in the year 1986 , before me, the undersigned Notary Public, in and for the State of California, personally appeared Ron H. Ballard ~ NANCY A. FAIRCHILD ~ ~ evidence) to be the person who executed the written instrument Attorney- ~,'~ NO;AR'; PU3UC CALIFORNIA ~ In-Fact on behalf of the Corporation therein named and acknowledged to me ~ PRINCIPAL OFFICE IN ~ that the Corporation executed it. ~ , My Commission expires June 26, 1987