HomeMy WebLinkAboutReso 1986-12797 0 397
RESOLUTION NO. 12797
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA
VISTA TRACT 84-9, EASTLAKE I UNIT 20,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT AND
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
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 84-9, EASTLAKE I UNIT 20, and more
particularly described as follows:
Being a Subdivision of that portion of fractional
Section 33 and that portion of fractional Section 28,
Township 17, 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 approved October 25, 1883
No. of Lots: 73 No. of Lettered Lots: 8
No. of Units: 73 Gross Area: 69.792 acres
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 said Council hereby accepts
on behalf of the public the public streets, to-wit: Cabernet
Drive, Rue Chamond, Port Renwick, Hillside Drive, Port Trinity,
Port Carney, Rue Valbonne, Rue Marseilles, Bourdeaux Terrace,
Zinfandel Terrace, Gamay Terrace, Sauterne Place and said streets
are hereby declared to be public streets and dedicated to the
public use.
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, and that said public
streets are accepted on behalf of the public as heretofore stated.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of sewer, drainage,
street tree planting, all as granted and shown on said map within
said subdivision, subject to the conditions set forth thereon.
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, .0 398
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 21st 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.
BE IT FURTHER RESOLVED that that certain Supplemental
Improvement Agreement dated the 21st day of October, 1986, a copy
of which is attached hereto and incorporated herein by reference
as if set forth in full 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 Agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Jo~n ?. Lip~it~, Director of C~arles R. Gill, Assistant
Ptblic Works/City Engineer City Attorney
2146a
, 399
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of 0¢t0ber .....
19 86 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Campbell, Moore, Cox, McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Council members None
Mayor of of Chula 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
RESOLUT[0N NO. 12797 ,ond that the same has not been amended or repealed.
DATED
City Clerk
C11 OF
CHULA VISTA
CC- 660
_.~ORD~i',GREQUESTEDBY
V~°' ';Ca~kior,,Z,, 9~12 SUBDIVISION ]Mp~ A~ 1986 NOV 10 PM 2:Z0
/~ , ~ THIS AGRE~ENT,~ade and enter~ into this ~u~RE~R~ER ~
. ~ , 19~, by and.between THE CI~ OF CHU~ ~
VISTA, a municipal corporation, herelnafter call~ "citY", and
EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730,
San Diego, CA 92101
hereinafter called "Subdivider";
NO
W ITN ES SETH : -
WHEREAS, Subdivider is ab~t to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed s~division, to be ~own as
CHULA VISTA T~CT 84-9, EASTLAKE I UNIT 20
pursuant to the provision of the Su~ivision 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,
Su~ivider must have either install~ a~ completed 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 agre~ent 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 contained in Resolution No. 11935, approved on the
19th day of February , 19 85, and
FO~ NO. CA-410
Revis~ 12/82
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· OC 3?8
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. 86-347 through 86-363 inclusive
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
ONE MILLION FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,400,000.00)
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.
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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
SEVEN HUNDRED THOUSAND DOLLARS AND NO CENTS ($700,000.00)
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
SEVEN HUNDRED THOUSAND DOLLARS AND NO CENTS ($700,000.00)
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
FORTY-SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($47,250.00)
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.
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 er 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 approved
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.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER
~. ys~ o~~ity 'of h~la ~~
Approved as to form by
~~y A~n~ (Attach Notary Acknowledgment)
CAT. NO. NN00637
TO 'mss CA
(Parmership as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN DI EGO
On {/'~Jf~ ~-/,. /~"~f/~ be de tary Public in and for
personally known to me or proved to me on the bas~s of sausfactory evidence to be the person who executed
the within instrument as SR. VICE PRESIDFNT~RK~D~kn~o~ Og
DEVELOPMFNT coMPANY,
the partnership that. executed the within instrument~
WITNESS my hand and official seal.
LIST OF EXHIBITS -'
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $700,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $700,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $47,250.00
Securities approved as to form and amount by
City Attorney /y ~
Improvement Completion Date: Three years from date of Council
approval of the Subdivision
Improvement Agreement
0
'SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT
~,,T~is Supplement is made and entered into this,7~ day
of ~z~9~ , 1986 by and between the City of Chula Vista,
a municipal corporation, hereinafter called the "City' and
EastLake Development Company, a California limited partnership,
hereinafter called the "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 subdivision map of a proposed subdivision, to be known as
EastLake I Unit 20 (Chula Vista Tract 84-9), pursuant to the
provisions of the Subdivision Map Act of the State of California,
and in compliance with the provisions of Title 18 of the Chula
Vista Municipal Code relating to the filing, approval and
recordation of subdivision maps, and
WHEREAS, certain provisions and agreements with respect
to the aforesaid subdivision map are agreed to by the parties in
addition to or replacement of the terms and conditions set forth
in the City's standard Subdivision Improvement Agreement Form No.
CA-410, revised 12/82, which this Supplement is affixed to, and
WHEREAS, the parties hereto agree to the filing,
approval and recordation of the subject subdivision map upon its
compliance with the terms of Form No. CA-410 as may be revised by
this document.
NOW, THEREFOREt IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. For purposes of this Supplement and the City's
Standard Form Subdivision Improvement Agreement, "Subdivider"
shall be EastLake Development Company, a California general
partnership comprised of corporations or upon approval of the
City, (not to be unreasonably withheld, in accordance with
Section 5.2.2 of the Development Agreement between the City of
Chula Vista and EastLake Development Company), the Assignee of
Subdivider's interest in the aforementioned subdivision.
2. City, Subdivider and Subdivider's authorized
Assignee contemplate that the subdivision maps, for the
aforementioned subdivision shall be approved for filing and
recordation prior to City final approval of the completion of
subdivision improvement plans for all public improvements
required as a condition of this division of real property. The
parties agree that neither Subdivider nor Subdivider's authorized
Assignee shall be authorized to proceed and construct the public
improvements as a condition to this map prior to City Engineer's
approval of such subdivision improvement plans in accordance with
the procedures and standards of the City of Chula Vista.
3. It is further agreed by the parties hereto that the
principle amounts of the labor and materials, and faithful
performance bonds affixed hereto as Exhibits A, B and C, are
based upon the current estimates of the parties of the cost of
completion of the public improvements contemplated by this
subdivision. Subdivider or Subdivider's authorized Assignee
shall be authorized, following approval of all improvement
drawings for the subject property to seek a reduction in the
improvement security based upon revised estimates. City, upon
request of Subdivider or Subdivider's Assignee shall not
unreasonably withhold agreement to such a reduction in
improvement security as may reasonably reflect the revised cost
estimates of the works of improvement following approval of all
improvement drawings.
4. Notwithstanding any provisions to the contrary in
the City's Form No. CA-410 Subdivision Improvement Agreement, the
City shall not, by authorization for the approval of the filing
or recordation of the above-mentioned subdivision map, be
estopped from denying or conditioning the approval of subdivision
improvement drawings in accordance with adopted procedures or
standards of the City of Chula Vista.
5. Certain public improvements are contemplated to be
built or financed in whole or in part by Subdivider or
Subdivider's Assignee in conjunction with the development of the
property contained within the aforementioned map pursuant to the
Development Agreement and Public Facilities Financing Plan
approved by the City of Chula Vista on February 26, 1985. The
parties agree that a prorata contribution towards the facilities
contemplated in such agreements shall be paid by Subdivider
pursuant to an agreement entitled "Interim Facilities Financing
Agreement" with respect to payment of EastLake Hills and Shores
impact fees which is attached hereto and incorporated by
reference as if fully set forth herein. The Bonds attached as
Exhibits A, B and C shall not secure the performance of the
parties to the Interim Facilities Financing Agreement.
6. Notwithstanding any provision to the contrary in the
City's Standard Subdivision Improvement Agreement Form CA-410,
Subdivider shall be authorized to finance certain of the above
public improvements (sewer, water, streets, etc.) through special
assessment proceedings under the provisions of the "Municipal
Improvement Act of 1913" (Division 12 of the Street and Highways
Code of the State of California), with bonds to issue pursuant to
the provisions of the "Improvement Bond Act of 1915" (Division 10
of said Code). This authorization is pursuant to the provisions
of Section 66462(A)(2) of the Government Code of the State of
California.
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7. The City reserves the right, upon adequate notice to
Subdivider, to suspend the issuance of building permits for
residential dwelling units (or in the alternative sewer hook-ups)
for units which are served by a gravity sewer line in Bonita Long
Canyon where the City determines that the then present facilities
are inadequate to provide service to additional dwelling units
from this subdivision. Such suspension of the issuance of
building permits of sewer hook-ups shall be lifted upon EastLake
Development Company's provision of security for the completion of
the works of improvements contemplated by various agreements
between EastLake Development Company and McMillin Bonita Long
Canyon Development with respect to oversizing the sewer lines in
the sewer basin.
8. TO the extent that this Addendum to the City's
standard Subdivision Improvement Agreement Form No. CA-410 is
consistent with said standard form, it shall take precedent over
any provision therein to the contrary.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first hereinabove
set forth.
THE CITY OF CBULA VISTA SUBDIVIDER:
Mayo y
Chula Vista
ATTE ~
~/ ~-~ City ~l~r~k~'_/ ~
Approved as to form by:
As~stant Cit~ Attorney (Attach Notary
Acknowledgement)
1088a
-3-
~ Z~ ~,'L~ -> 2- ,~ 387 Bon~ # 400 ~ B767
.2-~e~a~ ~ 5,500..00
BOND ~OR FATT~FUL 2E:q_~ORM3~NCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and Eastlake Development Company
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvementS, which said agreement, dated
19 and identified as project Eastlake 84-9,~%~A~
, is hereby
referred to and made a part hereo~; 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 St. P~ul Tire
& ~'~b_rine insurance 0omp~' , as surety, are
held and firmly bound unto the city of Chula Vista, hereinafter
called "City", in the penal sum of Seven hundred thousand
dollars ($ 700,000. )
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 obligation, all to be taxed as costs and in-
cluded in any j~dgraent rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
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0 388
.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 6th
, 19
0 389
ACKNOWLEDGEMENT BY SURETY
STATE OF CALIFORNIA
Insurance
COUNTY OF ~
On ~his 6t~ dayof 00% intheyear 19 ~6, before me, Che~t Boles , personally
appeared 2e~'L
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument as attorney-in-fact of ~. Pa~ P1we & ~4~i~e Z~s~v~ee Oomam~V corporation
and ackn°'qcdged t° me that the ~~;~t';t~::: :'*;
~***~ ...... ~ .............. : , Iv qommission Exp,r~s~
STATE OF CALIFORNIA
~_~ ~, /~ before me, the undersigned, a Nota~ Public in and for
Onsaid State, pe~onally appeared ' [~0 ~ ~ r ~ ~
the within instrument as SR VICE PRFSIBENT~~ fig gAKTI AgF
DEVFLOPNFNT COMPANY. ,
xx xxxxxYx xx xxxxx x~xXX~X~X~X~K
WITNESS my hand and offi~al, se~.
Signature ~ ~ .~/~
~ ~ (This ~ea for offici~ not~
Bond -~ /q00 I~ 8767
Premitun included in Perfo_~ms_nce-
0 390
' Bond.
BOND FOR MATERIAL AND LABOR ~"
WHEREAS, the City Council of the City of Chula
Vista, State of California, and Eastlake Dev~]~nm~nt Cnm~ny
(hereinafter designated as ~
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project Eastlake 24-9,gA%~ d~%%~
, 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 (commencing 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 Seven hundred thousand
dollars ($ 700.000. ), foz
materials furnished or labor ti~ereon 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 condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
The surety-hereby stipulates and agrees that no
~hange, 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
Octobe~ 6th 19 86
EastL82ie Develo~oment Comna~lr S'bo P~ul ?ire and ~.~ine Insk~nce Co.
ACKNOWLEDGEMENT By SURETY 0
STATE OF CALIFORNIA ~&ba~h~
insurance
COUNTY OF_ OYmn~e
SS.
On this q~h dayof 0e%. in the year i9 85 beforeme, Che~?k Bokes personally
appeared Pea~Z
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the ~ithin
instrumem as attorney-in-fact of SC. Pa~ ~5ve k NayXne 5nsuvanee Come..; corporation
and acknowledged to me that the~;~;~&~::
2378Rev. 2 83 Printed ,n U.S.A. ~ ~ MyComm. Ex¢ J~27, 1'369 } ,,~;t{ l,)_.,-5 -,' ,~,
STATE OF CALIFORNIA
COUNTYOF SAN DI[G0 ~ K~'
On ,~. before me, th~undersigned, a Nota~ Public in and for
said State, personally appeared
personMly known to me or proved to me on the basis of satisfactory ehdence to be the person who executed
the within instmment as SR. VICE PRESIDENT~~ ~g FAgTIAKF
O[V[kOPN[N/ ~08PANY,
the pa~nership that executed the within instmmen%~
~yYYYYYYYYYYYYYYYYYYYYV~YV~Y~vvvv
xxxxxxxxxxxxxxxxxxxxx~a~X~hh~X~
WITNESS my hand and official seM.
· ~llI ST. PAUL FIRE AND MARINE INSURANCE COMPA.~ {~ t~ ,
, p:, &,~ 385. Washington Street, St. Paul, Minnesota 55102 w ¥ 3 9 3 CERTIFICATE OF
- ~- . AUq-HORIT¥ NO,
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800.328-2189 and ask for .4,.. ~ S S '~ 5 4
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual{s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY ~.
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the
State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
~illiam R. Torgerson, R. A. Coon, Pearl Tang, Glenn G. Parker,
Charles L. Hezmalhalch, individually, Brea, CalifOrnia,
Carol Reeve, Daniel P. Aguilar, Barbara Furgatch,
Frank A. Perry, individually, Woodland Hills, Ca. lifornia
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in tbe nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company; as fully
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a r~eeting called and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shah have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and a ach the Sea] of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nalare thereof, and
(2) To appoint special Attorneys-in-fac , who are hereby authorized to certify to copies ol any power-of-attorney issued n pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant Io resolution of the Board of Directors of said Company adopt~ at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed {o any such power of attorney or any certificate relating
thereto bY facsimile, and any such power of attor ney or cer tificate bearing such facsimile signatures or facsimile seal shall be ~alid and binding upon the
Company and any such power so execu ed and certified by facsimile signatures and facsimile seal shall be ~alid and binding upon the Company in the
future wdh respect to any bond or undertaking to which it is attached."
~O~Z ~ corporate seal to be affixed by its authorized officer, this 1st ~r of ~a,c~,. m.b. 198~.
f~ fCr~ ~$ IN TESTIMONY,WHEREOE lhave hereunto set my hand this
[~/ 6th a~yor October ~9 a6
ANY iNSTRUMENT ISSUED IN EXC~S OF THE PENALTY AMOUNT STATED ABlE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
~emiUm ~; 236.00
S(IRVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/We EASTLAKE DEVELOPMENT 'CO.
as the subdivider and Principal, and the St. Paul Fire & Ha~ine Insurance Co.
a Corporation of the State of ~/~ffb~ M~maesota, as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer d~age by reason of the breach of the con-
ditions hereof, in the penal s~ of Forty seven thousand two hundred fify
($ 47~250.00 ) lawful money of the United States of ~erica, to be paid to
the said City of Chula Vista.
~E~AS, the said Principal is presently engaged in subdividing
certain lands to be known as Eastlake-~ ~/~ subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHE~AS, the said Principal desires not to set durable mon~ents
prior to the recordation of the final map of the s~division and desires
to get same at a later date,
NOW, THE~FO~, the condition of the above obligation is that if the
Principal shall have set durable mon~ents of the survey byVan Dell & Assoc.
· 0. 395
CALIFORNIA
STATE OF CALIFORNIA ~&L~ab,l,~
COUNTY OF 0~
On th~s o~ day of Oct. in the year 19 $6 , before me, Cheryl Boles , personally
appeared
personally knmvn to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument as attorney-in-'act of :?~. ~ul ~ire ~: ~',~ine Zns~s~ce Co. corporation
, nd acknowledged to me that th~co~n execute~l~t ~o~ggS[~t ~~ ~'~ 5~ CHE ,
STATE OF CALIFORNIA
COUNTY OF SAN D}560~
said State, personally appeared' ' '~4~ ~ ~[ ~
personMly known to me or proved to me on the basis of satisfactory ehdence ro be the person2ho executed
the within instrument asDEVELOPHENT EOHPANY$R': VICE PRFSIDENT~~ OF FAqTIAKF
the pa~nemhip that executed thc within instmment~ ~
x xxxx xxxxxxx xxxx xx xxX~X~X~K
WITNESS my h~d and official se~..
/.,/ / (This area for offici~ not~ se~)
l~j~ll sT. PAUL FIRE AND MARINE INSURANCE COMPANY
CERTIFICATE
OF
~,.,~&t~, 385 Washington Street, St. Paul, Minnesota 55102 t~ t-, · 3~6 · AUTHORITY NO.
~,~ , . ~,.' .
For verifi¢~tion of the authenticity of this Power of Attorney, you may telephone toll free 800-328-2189 and ~sk for.~ '~ ~ 2 2 ~ ~ ~
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and thc named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY --.
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. a ~orporation organized and existing under the laws of the
State of Minnesota. having its principal office in Ihe City of St. Paul, Minnesota, does hereby constitute and appoint:
William R. Torgerson, R. A. Coon, Pearl Tang, Glenn G. Parker,
Charles L. Hezmalhalch, individually, Brea, California,
Carol Eeeve, Daniel P. Aguilar, Barbara Furgatch,
Frank A. Perry, individually, Woodland Hills, California
its true and lawful att or ney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said SI. Paul Fire and Marine Insurance Company, as fully
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly e[ected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Art c e V,-Sect on 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE A ND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings recognizances, contracts of indemnity and other ~r ngs ob gatory in the nature thereof, and
(2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Lav. s of the Company, and
(3) To remove, at any time, any such Attorney-in fact or Special Attorney-in-fact and revoke the authoriiy given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true excerpt:
No therefore the signatures of such ofhcers and the seal of the Company may be a~ ftxed to any such power of orney or any certffma e relating
thereto by lacs m lc, and any such power of attorney or certificate bearing such facsimile signatures'or facsimde seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be ~alid and binding upon the Con/puny in
future ~ith respect to any bond or undertaking to which it is attached."
~ ,~..~ ,~k INTESTIMONYWHEREOF, St. PauIFireand MarinelnsuranceComl}anyhascausedthisinstrument tobesignedandits
corporate seal to be affixed by its authorized officer, this 1st da.~ of Marc , A.D. 1984.
~ . ~ ST. PAUL FIRE AND MARINE INgURANCE COMPANY
~ - County of Ramsey
~'o ~ Vice President
On th 9 t h day of Jul y ,19 8 6 , before me came the individual who executed the preceding instrument, to me
personally know, n, and, being by me duly sworn, said that he/she is the therein described and aulhorized officer of St. Paul Fire and Marine Insurance
Company; that the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature ~ere duly affixed
by order of the Board of Directors of said Company.
~ IN TESTIMONY WHEREOF, I have hereunto Sand year first above written, et my hand and affixed my Official S eel, at the city of St. Paul, M in u esot~/~, theda~y
MARY C. CLANCY, Notary Public, Ramsey County, MN
My Commission Expires November I, 1990
I, the undersigned oOicer of SI. Paul Fire and Marine Insurance Company, do hereby cerlify t hat I ha~e compared the foregoing cop.', of the Pox~er of &tt orney
and aifidavi~, and thc copy of the Section of the By-Laws of said Company as set forth in said Po~er pi Attorney, with tile ORIGNAES ON FILE IN TIlE
HOME OFFICE OF BAlD COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
~ f.'~t~) IN TESTIMONY WHEREOF, I have hereunto set my hand this
, -s~.~ ; 6th day of October ,19 86
~;~&? ~,..?~,~ . Secretary
Only a certified cop~, of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon
copies or other reproductions of this docum&nt are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATEO ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29BS0 Bev. 384 Printed in U.S.A /~'~ 797