HomeMy WebLinkAboutReso 1986-12795 44 Z
RESOLUTION NO. 12795
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA
VISTA TRACT 84-9, EASTLAKE I UNIT 17,
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 SAIl)
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 17, and more
particularly described as follows:
Being a Subdivision of a portion of fractional Section
28 and fractional Section 33, Township 17 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
approved October 25, 1883
No. of Lots: 83 No. of Lettered Lots: 2
No. of Units: 81 Gross Area: 15.789 acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map an~ 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: Rue
Marseilles, Rue Michelle, Rue Valbonne, Rue Bayonne and Rue
Chamond 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 street tree
planting as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
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443
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 20th 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, 1!)86, a copy
of which is attached hereto and incorporated herein by reference
as if set forth in full be, and the same is herebf 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
Joo~ P_LP. Lippi~t,ZD'Jr r of C~arles R. Gill, Assistant
P~liC~°rks/City Engineer City Attorney
2144a
*0 444*
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of, October
19 86
__, by lhe following vote, to-wit:
AYES: Councilmembers Malcolm, Campbell, Moore, Cox, McCandliss
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
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, 12795
,and that the some has not been amended or repealed.
DATED
City Clerk
CI'IY OF
CHUIA VISi'A
CC- 660
AND MAIL TO:. · U 4 i
P. O. ~x 1087
,II
~~HIS AGRE~EN~,~aae aha en~e=~ in~o this ~~ o"
~ ~ , 19~, by and.between THE CITY oF CHU~
vISTA, a municipal corporafion, herelnafter call~ "City", and
PACIFIC SCENE, INC., 3900 Harney Street, San Diego, CA 92110
hereinafter called "Subdivider";
W ITNE SSETH :
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 propos~ s~division, to be ~own as
CHULA VISTA T~CT 84-9, EASTLAKE I UNIT 17
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 r~uir~ 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, 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 s~division
and will deliver to City improvement securities as approv~ by the
City Attorney, and
WHEREAS, a tentative ~p of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contain~ in Resolution No. 11935, approved on the
19th day of February , 19 85, and
Form No. CA-410
Revised 12/82
0 4'Z4
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment ~or~ have been prepared, submitted to and approved by the
City ~nglneer as shown on Drawings No. 86-236 through 86-242 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
SEVEN HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($780,000.00)
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to c~ply 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.
-2-
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
THREE HUNDRED NINETY-NINE THOUSAND DOLLARS AND NO CENTS ($399,000.00)
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
THREE HUNDRED NINETY-NINE THOUSAND DOLLARS AND NO CENTS ($399,000.00)
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
NINETEEN THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($19,400.00)
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.
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O'
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 agre~ent. 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
~esulting 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.
· 0 4ZT
IN WITNES~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
Approved as to form by
~ty Attor~ (Attach Notary Acknowledgment)
STATE OF CALIFORNIA)
ss:
COUNTY OF SAN DIEGO)
!On this ~ day of ~_~_, 19 ~, before ms, the u~dersigned, a Notary Public in and
i for said County and State, personally ~ppeared ~~r ~reved to ms ~- ~- L__.
i.of ?atisf~actory_evi.d~ence to be the ~ President, and ' ~%5 ~'= t~
i to be ~f~ ~resiGent of PACIFIC SCENE, INC., the CO~rati~ J{l~ .............. 7-
i .......... ~ o~ r~=x= ~, INC., acknowledged to be that such OO~ration exe
~ the sam~. - -~ =CU~.~,u
WITNESS my hand and official seal.
OFFICIAL SEAL
KJtTIIY LYNN GOMEZ
(2~ ~3~%/~-- ~ .OTARY pUBLIC - CALIFOi{NI~
:; ~ pRINCIPAL OFFICE
i Not
3J] and for $~d~ot]/qty and State. My Commission Expires April
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
For~: Bond
Amount: $399,000.00
Exhibit "B" Improvement Security - Material ~and Labor:
Form: Bond
Amount: $399,000.00
Exhibit "C" Improvement Security- Monuments:
Form: Bond
Amount: $19,400.00
Securities approved as to form and amount by
~ City Attorney
Improvement Completion Date: Three years from date of Council
approval of the Subdivision
Improvement Agreement
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT
i/~ This Supplement is made and entered into this ~6~_ day
of i~;~Jj~ , 1986 by and between the City of Chula Vista,
a muh~fc~pal 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 17 (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, THEREFORE, 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.
· 0 4.30
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.
-2-
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 CHULA VISTA SUBDIVIDER:
Mayor of th~ C~ty of ~
Chula Vista
ATTE~// ~-~ City Cl~rk/ ~/
Approved as to form by:
Af-s~is~ant City' Attorney- (Attach Notary
Acknowledgement)
1088a
-3-
I'~ ~;. CHULA VISTA TRACT NO. 84-9
..PHASE II - 0-- B0n N0. 73 5907
· ' Premium: $7,980.00
SURETY BOND FOR FAITHFUL PERWOP~-LANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we PACIFIC SCENE~ INC.- .......................... , a corporation, of
SAN DIEGO, CALIFORNIA ........................... , as Principal; and
THE AMERICAN INSURANCE COMPANY ........... , of- SAN DIEGO~ CALIFORNIA ,
a corporation, incorporated under the laws of the State of NEW JERSEY
........................... , and duly authorized under the laws of the State
of California to act as Surety, are held and firmly bound unto
CITY OF CHULA VISTA ......................... in the sum of THREE HUNDRED NINETY-
NINE THOUSAND AND NO/lO0 ....................... ($399,000.00) lawful money of the
United States of America, for the payment whereof, well and truly to
be made, said Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally, fiz-mly
by these presents.
.... ~t~on is such that whereas the
STATE OF CALIFORNIA )
> 0 434
COUNTY OF SAN DIEGO )
,, , before me~ the Undersigned, a Notary Public in and
for ssid County and State, personally appeared
~ = ~ _ ~on, the corporation that ex~ + ~ ~,/i,~.¢ ~q_]__ .... a
WITNESS my hand and official seal.
County and State
· ~ ~.~ Cootm. Ex~ Jur~ 17, ]988~
S~-ATE OF CALIFORNIA
COUNTY OF San D~eg0 On this ~Sth day of AUGUST , in the year ] 986 , before me, the
undersigned Notary Public, jn and for the State of California, personally
appeared Christ]tie A. P~ters0n
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the person who executed the written instrument as Attorney-
In-Fact on behalf of the Corporation therein named and acknowledged to me
that the Corporation executed it.
Given under my hand and the Notary Seal this 28th day of AUGUST
A.D. 19 86
/~~mission expires October 24~ 1989
,- ~ ~ ELAINE M.
· --:.-- CHULA VISTA TRACT NO. 84-9 Bond No. 7315907
-.~ ' '-., PHASE II Premium: INCLUDED
,0 435
BOND FOR ~TERIAL AND ~ABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and PACIFIC SCENE~ 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
19 , and identified as projectPARC PACIFIC @ EASTLAKE HILLS -
PHASE II, UNIT ]7 (J-9466) ................. , is hereby referred to and
made a part hereof; and
~'.q~EREAS, 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%mencing 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 THREE HUNDRED NINETY NINE THOUSAND
_.AND N0/]00 ............ ($399,000.00) dollars ($399,000.00 ), for
materials 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 e×pressly 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 c~nditicn 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.
0 436
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
AUGUST 28, 1986
STATE OF CALIFORNIA )
)
COUNTY ox SAN DIEOO I 0 437
On'~%) '~-~., ! 2(-'~ ~ Q ~/~-~ , before me, ~he undersigned, a Notary Public in and
for said C6unty and Sta~e, personally appeared ~
to me to be the ~ ~ <~ ~ ~/~ , , ~ ~ -~ , known
allfornia corooration, the corporation that executed
ledged to me t~at such corporation executed the withinthe wi%h~ lnstrument, and acknow-
instrument Dursuant to its by-laws
or a resolution of its board of directors.
l:~otary Public in and~ ~or said ~ '~ : ' ~//1' ~NDIE~COUN~
~County and State ' ~' ~Comm Ex~Junel7
~TATE OF CAliFORNiA
COUNIY OF San Dieq0 O, ~h~ 28th day o; AUGUST , ~. ~h~ Venal 986 , be{o~e me,
undersigned Notary Public, in and for the State of California, personally
appeared ~hc~s~Re A. Pate~soR
In-Fact on behalf of the Corporation therein named and acknowledged to me
Given under my hand and the Notary Seal this 28t~ day of AUGUST
A.D. 19 86
My Commission expires October 24, 1989
· '0 438
~,rro. N£V T. HE AMERICAN INSURANCE CO.ANY
KNO~' ~LL MEN BY ~$E PR~ENTS: ~al THE AMERICAN INSURANCE COMPANY, a Corporation duly Organized and existing under'the
ae~mted,la~s of theandStated~OfbyNeWtheseJerseV.pre~enlsandmake,havi~const~tuteits prin~ipaland a~point°~ce n the City and County of San Francisco, California. has made, ¢onslituted and
WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON
~ointly or severally
,:~ true a~ la~{ul Auorney{s)-in-Fact. with fufi power and authority hereb~ ~onferred in its name, place and stead, to execute, seal, acknowledge and
dehver any and aH ~nds. undertakings, recogni~nces or other written obligations in the nature thereof .........................
and to bind the Corporalion thereby as fully and to the same extent as if such bonds were signed b~ the President. sealed with the corporale seal of the
Corporal:on and dul~, alleated b} iis Secre ary, hereby ratifying and confirming all that the said ,~,ttorney{s)-in-Pact may do in the premises.
Th~s pod, er of altorney ia granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AM ERICAN INSURANCE COMPANY no~ in full
force and effect,
"Article V l I l, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agent$ to accept Legal Process and Make Appearances.
Section 30. Appointment. The Chairman of thc Board of Directors, the President, any Vice-President ot any other person authorized by the Board of
Dir~tors, ~e Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-m-Fact to represent and act for and on behalf of thc Corporation and Agents to accept legal process and make appearances for and on
behalf of thc Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing then' appointment, and any such appointment and al{ authority granted thereby may be revoked at any time by the Board of Directors or by
~y person empowered to make such appointment."
'1%~ pov. er of attorney ~s signed and sealed under and by thc authority of the following Resolution adopted b} the Board of Directors of THE
AMERICAN INSL'RANCE COMPANY at a meeting duly called and held on the 28th day of September. 19/o6, and said Resolution has not been
amended or repealed:
"RESOLVED, that Ihe ,~gnature of any V/ce-Presidem. Assistant Secretary, and Residenl Assistan~ Secretary of this Corporation. and {he ~eal of this
Cortxlratlon ma', be a~h,,ed or printed on any power of attorney, on an~ revoca on of an~ poker of attorne,, or
fac~mde, and an~ pov. er of allorne:,, an} revocation of an}' pov, er of attorne}, or certificate bearing such facsimile sig~alure or facsimile seal shall be
vahd and binding upon the CorporaltOn."
IN WITNESS ~.HEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed b~, h~ Vice-President,
a~_..nd its corporate seal IO be hereunto affixed this , 1 I th day of Au g u S t 19 86
~ THE AMERICAN INSURANC[ COMPANY
~ATE OF CALIFORNIA
CO b~'TY OF ~
~ 1 th August
Onth,s dayof 19 86 , before me personallv came Richard Will iams
Io mc knov, n, ~.ho, being b~ me dui) sworn, did depose and say~ that he is Vice-Presidem of THE AMERICAN INSURANCE COMPS. Ny' the Cor'-
pore:eon described in and V. hlch executed the above instrument; Ihs[ he kno~s the seal of said Corporation; that the seal affixed to Ibc said instrument
ts such corporate seal; that it v. as so affixed by order of the Board of Direclors of said Corporation and lhat he signed his name thereto by like 0 dc
IN WITN ESS ~,'H EREO~. ~ ha~e hereunto set my hand and affixed my official seal. [he day and year here n firsl above v, rules.
OFHCIAL SEAL
i SUSIE K. GILBERT
' I NOiSily PUSUC - CALIFORNIA
STATE OF CAMFORNL~ '1
COUNTY OF MARIN ~ ss.
S~.lgned and sealed at the County of Marin. Dated the £Stb day of AUGUST , 1986
360711-TA.5-~1
· 0 0 4 3 9
P~emium $ 97.00
SURVEY. MONU~NT INSTAL~TION BOND'
KNOW ALL MEN BY THESE PRESENTS, That I/We EASTLAKE DEVELOPMENT' CO
as the sUbdivider and Principal, and the St. Paul Fire and ~.lo~rine Ins,~_nce Co.
a Corporation of the State of ~/i/f¢~ ~rmeso%a , 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 damage by reason of the breach of the con-
ditions hereof, in the penal sum of Nineteen thousand four hundred
($ 19,400. ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as Eastlake -1~O~/~ /~ subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
CALIFORNIA 0 440
~enV&LnablW
COUNTY OF_ CZ/'- an ~o-e ss. r~urance
On this :>t,h day of 0c~. in the year 19 86 , before me, CherT;! ~ole~ , personally
appeared ~ 2e~Z
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who execuled the within
'~,}}' instrument as attorney-in-fact ofv S~. Paul 7~:e amd }'~ne ~:t~oe
and acknowledged to me that ~:: .............. ~ - corporation
t cor ' ' %iibh%k~fft-
2378 Rev. 2-83 Printed in U.S.A. ~ '~ My COrm g~n Ja~ *'v o=n w ,, %. ,,:c.¢-. '_ ~ ' ' ~' / /
STATE OF CALIFORNIA
COUNTYOF SAN DtEC0 ~ ~'
On ~~ ,~, [ ¢,~ /' before me, th~unde~igned, a Nota~ Public in and
said State, personally appeare~ ' ,~~ ~g/~
person~ly known to me or proved to me on the basis of s~tisfactory eMdence to be the person~ho executed
the within inst~ment as SR. VICE PRESIBENT~~ OF FA~TIAKF
DEVELOPMENT COMPANY.
the pannershiF, t~t executed the within instrument. ~
~g~x~ ~x~x~xx~ ~z ~x~
~TYYYYYYYYYYYYYYYYY Y Y ~YYVVyyy yyyvv
xxxxxxXxxxxxxXXXXXxXX~~
WITNESS my hand and official s~.
? Signatur ~ ,~.~ff~
(This ~ea for offiei~ not~
~"~ul ST. PAUL FIRE AND MARINE INSURANCE COMPANY
~.~,~ 385 Washington Street, St. Paul, Minnesota 55"1~10.. 4 4 I CI~'IitqCATI-:ACIltOmTy No.OF
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-2189 and ask for .~. ~,. ~ ',L 0
' ' the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). ,~ ~a
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 t~e laws of the
State of Minnesota, having its principal office in the 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,
~arol Reeve, Daniel P. Aguilar, Barbara Furgatch,
Frank A. Perry, individually, Woodland Hills, California
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 the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, reg~!ation, 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 Insurane~ Company, as fu y
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 cerlified 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 AN D 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 ha~e power and authority
(1) 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 writings obligatory 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-Laws of the Company, and
(3) To remove, at any time, any such Attorney-imfact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsim e pursuan 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:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any eer tificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shalt be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal slmll be valid and binding upon the Company' in the
future with respect to any bond or undertaking to which it is attached."
~* kg~ ti#oiL IN TESTIMONY WHEREOF, St. Paul Fire and Marine ~nsurance Company has caused h s instrument to be signed and its
m'~ ~'W ~ corporate seal to be affixed by its authorized off{cer, this I st day of March, A.D. 1984.
~*W~C~~ S~. PAUL FIRE AND MARINE ,NSU~NCE COMPANY
County of Ramsey ~ ss.
~ · ~ Vice President
Onthis 9th dayof July ,19 86 .beforemecametheindividualwhoexecutedtheprecedinginstrumenl,tome
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized olficer of St~ Paul Fire and Marine Insurance
Company; ha he sea aifixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed
by order of the Board of Directors of said Company.
~[ (~ IN TESTIMONY WHEREOF, I have hereunto set my hand this
29550 Rev. 3-84 Printed in U.S.A ~ ~..~
COUNCIL AGENDA STATEMENT
Item 16
Meeting Date 10/Z8/86
ITEM TITLE: a. Resolution /~7~J-~ Approving Final Map, Subdivision
Improvement Agreement, and Supplemental Improvement Agreement
and authorizing the Mayor to execute said Agreements for Chula
Vista Tract 84-9, EastLake I Unit 17 {81 single family units)
b. Resolution Approving Final Map, Subdivision
Improvement Agreement, and Supplemental Improvement Agreement
and authorizing the Mayor to execute said Agreements for Chula
Vista Tract 84-9, EastLake I Unit 18 {62 single family units)
c. Resolution Approving Final Map, Subdivision
Improvement Agreement, and Supplemental Improvement Agreement
and authorizing the Mayor to execute said Agreements for Chula
Vista Tract 84-9, EastLake I Unit 20 (73 single family units)
d. Resolution Accepting off-site easements for sewer,
drainage and access purposes in conjunction with EastLake I
Unit 20
/
SUBMITTED BY: Director of Public Works/City Engineer ~
/
REVIEWED BY: City Manager(~ (4/Sths Vote: Yes
No
X
)
The Final Maps for CVT 84-9, EastLake I Units 17, 18, and 20 have been
reviewed by the Engineering Department and found to be in conformance with the
Tentative Map approved by the City Council on February 19, 1985, by Resolution
No. 11935.
Approval of the Final Maps will constitute the creation of all lots as well as
the acceptance of all sewer, drainage, and access easements as shown on ~said
Maps.
RECOMMENDATION: That Council adopt resolutions as listed in the item title
of this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Final Maps for Units 17, 18, and 20 (which create 81, 62, and 73 single
family lots respectively) have been reviewed by staff and are recommended for
Council approval. All of the conditions of approval placed upon the Tentative
Map have been met and the public improvement plans have been approved. All
necessary fees have been paid, and all bonds have been posted.
Page 2, Item 16
Meeting Date~6
Off-site easements are also required to be granted to the City in conjunction
with Unit 20 Final Map. These easements are:
a. Sewer easement within Bonita Long Canyon Unit No. 3 Subdivision.
b. Sewer easement within future EastLake I Unit 19 (a continuation of
the sewer easement mentioned in item a above).
c. Drainage easement within Unit 19.
d. Access easement to drainage facilities within Unit 19.
All documents for the above mentioned easements have been properly executed,
notarized, and submitted to the City.
All of the implementation elements of the Public Facilities and Financing Plan
have been completed. The Supplemental Agreement provides that, prior to
approval of building permits, the EastLake Development Company will pay an
interim impact fee for their fair share of: l) off-site roads, including
four-lane facilities for State Highway 125, 2) a fire station, and 3) a
community park. EastLake Development Company will also enter into an
agreement to dedicate land for the fire station, and 1.5 acres for the
community park. An additional l0 acres will be dedicated with EastLake II.
EastLake Development Company has further agreed, as a condition of approval of
the Tentative Map for the first phase of the Village Center, to: (1) dedicate
the land for and to construct a Transit Center; and (2) to dedicate the land
for a public library site, and to build and provide, on an interim basis, a
store-front public library facility.
The City Council in Resolution 12409, established the development impact fee
for the facilities discussed above. The current fee is $1,527.00 for a
single-family detached home. This amount will be adjusted in accordance with
changing costs of construction of facilities. The actual amount will be paid
by EastLake Development Company prior to issuance of individual building
permits.
A plat is available for Council viewing.
MAY:fp/EY224 Units 17, 18 & 20
WPC 2361E
by the City Council of
Chula Vista, California
Dated / O- ~ 6?.-~