Loading...
HomeMy WebLinkAboutReso 1986-12796 RESOLUTION NO. 12796 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNiT 18, 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 18, 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: 63 No. of Lettered Lots: 1 No. of Units: 62 Gross Area: 17.273 acres is made in the manner and form prescribed by la~ 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: Port Carney, Port Harwick, Port Albans, Port Trinity and Port Renwick 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 drainage and street tree planting as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- · .0' 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~ P. Lip~itt/ 5irector of CAries R. Gill, Assis Pu~lc Works/City Engineer City Attorney 2145a 0 422 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October 86 19 __, by the following vote, to-wit: AYES: Councilmembers Malcolm, Campbell, Moore, Cox, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None Mayor of of Chulo Vista ATTEST ~ 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 Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12796 ,and that the same has not been amendedor repealed DATED City Clerk CI'IY OF CC-660 4O 0 ,~ P. O. ~x 1087 S DZ SXON U /~ ~HXS AG"B~BN~, made and enter~ into this ~ ~ , 19~, by and between THE CITY OF CHU~ VIST~ a municipal corporation, hereinafter call~ "Cit~", and BREHM CO.UNITIES, 2835 Camino del Rio South, Suite 220, San Diego, CA 92108 hereinafter called "Subdivider"; W I T N E S S E T H : 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 18 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 C~e 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 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 s~division 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. 11935, approved on the ~ 19th day of February , 19 85, and Fo~ No. CA-410 Revis~ 12/82 · 0 401 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. 86-267 through 86-571 inclusive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to saw plans and specifications has been submitted and approved by the City, in the amount of FOUR HUNDRED NINETY-THREE THOUSAND DOLLARS AND NO CENTS ($493,000.00) 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. -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 TWO HUNDRED FORTY-SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($246,500.00) 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 TWO HUNDRED FORTY-SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($246,500.00) 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 SIXTEEN THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($16,625.00) 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- ,0 403 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 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. --4-- .0 494 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 Mayor of~h~ City of Chula BR -- ITIES by Vistaf~ v~ ~)~/-~ Ste've W. Tate, Senior Vice President ~/~ '~- City Cle--~k~./ Approved as to form by COUNTY {;)K . ~ :_~ On ~-~ : before me, the undersigned, a Notary Public in and for said State, personally appeared ~--- and basis of satisfacto~ evidence) to be the persons who executed the within instrument as ~/~ ~ President an~~Secreta~,on behalf of .... ~ OFFICIAL SEAL the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its t~;~;) WITNESS my hand a Y Comm. Exp, M~ 1~ .0 405 LIST OF EXHIBITS Exhibit "A" Improvement Security- Faithful Performance: Form: Bond Amount: $246,500.00 Exhibit "B" Improvement Security- Material and Labor: Form: Bond Amount: $246,500.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $16,625.00 Securities approved as to form and amount by ~ ~Git ~At~or~ne'~'~- ~- Improvement Completion Date: Three years from date of Council approval of the Subidivision Improvement Agreement , O. 406 SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT s Supplement is made and entered into this ~- day of ~ 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 18 (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-418, 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. -0 407 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. 0 4O8 7~ The City reserves the right, upon a~equa~e 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~ Approved as to form by: · Assistaft City Attorn~ey ~ (Attach Notary Acknowledgement) 1088a BOND NO. 30 39 45 WHEREAS, The City Council of the City of Chula Vista, State of California, and_SRENM COMMUNIIIES (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 FA~TIAKF T: IINTT 1~. , is hereby referred to and made a part hereof; and W~EPd~AS, 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 TWO HUNDRED FORTY qT× T~NHqANn FTVF HUNDRED AND N0/100 ...................... ~ollars ($ 746:5~.~ ) 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 tke 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~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the 411 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 : ........ +~ ~hove, the following acts and ~erformances --- t: cou~~~~ ~. ~~ ~', °re me the u~ersigned, a Nota~ Public in ~D saidState, persona,yappeared ~ ~- ~ 2,~ E/ ~ and for personally known to me (or proved to me o~ the basis o~ satisf~cto~ evidence) to be the persons who executed the within instrument as~ - /'~'~'~z~'7 ~5~n~a"a- ~s~,~,o~a~o~ ~EST suchc°rp°rationexecutedthewithininstrumentpursuanttoits ~ :- '~' ~ ~. ;~ '~ .-:~Z ~ ~ ~/ ...... ~'~ Orney-in-Fact W/TNESSmyhandand°f~ seal' - - f ' ~' ~,~YCC;)~i ~<' '~"'~ ~ J ' ]:/ ;'~~ (This area for official .otarial seal} ilS'IATF OF CALIFORNIA ) ' - ) SS.: AND ~qi'~ t)F SAN DIEGO ) I~ th~s .~O2nd_ day October _ 19__2~ beforu me. the undersigned Notary Public, ~rl and for th~ State. personall? appeared Rpttip ] , Ga~cia a person known to rn~, (or proved to me on the basis of satJ~acto~ t'vi,.ence), to be the person who executed the written instr~r~ent as Attorney-in-Fact on behalf of the corporation chereih named and acknc~'ledged to me that the corporation executed it. 6iv~n unce: my hand and Notarial Seal this __ 2P~]d day of flrfoher A.[;. lq~6__- 11,5 12/82 Notary Public. 413' BOND FOR MATERIAL AND I~BOR BOND NO. 30 39 45 WHEREAS, the City Council of the City of Chula Vista, State of California, and 8R[HM COMMUNITIES (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 I, UNIT 18 , 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 TWO HUNDRED FORTY SIX THOUSAND FIVE HUNDRED AND N0/100 ................... dollars ($ 246,500.00 ), 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 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. 0 414 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 OCTOBER 22~ 19~6 _BRENM COMMUNITIES INSURANCE C~OMPANY OF THE WEST B ..... ' STAT£ CF CALIFORNIA ,' ) ss.: 0 415 ],, CI1Y AND ~ OF SAN DIEGO ) ~ ~ chis 22nd day October 19 86 , before ~, the undersigned No[a~' Public, in and for the State, ~ersonally appeaF~,d Bettie L. Garcia a person kn~ to satisfactol~ evidence), to be the peFson who executed the written inst~n[ as At[omey-i~Fac[ on behalf of the coFporaclon therein ~d and ackn~,~]edged to ~ t~t the co~ora[ ioTl executed Given under ~ ~nd and Notarial Seal this 22nd ~y of October A.D. lg 86 Nota~ Public. STATE OF CALIFORNIA (~ . /, }ss. COUNTY~"~_Z : ~$f/, ,_, I i On Cz( ,./~,/,~/~3 Z),~2' /~c~/~ beforeme, theundersign~,aNota~Publicinandtor said State. personally appeared _ . _ ~ - : =~ ...... ........ ~ personally know~ to me (or proved to me on the basis of saUsfacto~ evidence) to be the persons who executed the within instrument as the corporation therein named, and acknowledged to me that , W TNESS my hand and Offjrta seal ~ / ;~.~', ~-/ INSURANCE COMPANY OF THE .WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the insurance Company of the West. a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego. California, does hereby nommate, constitute and appoint: A. J. CAMPBELL ANGIE V. MAURICIO BETTIE L. GARCIA its true and lawful Attorney($)-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 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 Cay 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 undertaking~ 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 20T~I DAY O17 MAY 1986 President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 20TH DAY OF MAY 1986 before the subscriber, a Notary Public of the State of California, in and for the Coun:.' of San Diego, duly commissioned and qualified, came ERi~EST R~Y, President of iNSURANCE COMPANY OF THE WE~ST. 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. tN WITNESS WHEREOF, t 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: this 22nd day of 0ctobeF ~9 !:~emi~m $ 83.00 SURVEY MONUMENT ZNSTALI~TZON BOND KNOW A%% MEN BY THESB Pi~SENTS, Thst Z/We E~STL~E DEVELO~ as the subdivider and Principal, ~d the St. Paul ~ire and ~'~in~ I~e Co, a Corporation of the State of ~~es~2 ~iS~ ~ ~e~ and firmly bound unto the City of' l~m a n 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 ~e con- ditions hereof, in the penal s~ of Sixteen thousand six hundred twenty-five ($ 16,625.00 ) 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-l~ U~T ;~ 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 CALIFORNIA 0 AC](NOWLEDGEMENT By SURETy , Sl bul STATE OF CALIFORNIA COUNTY OF O~m~ Onthis ~'~h dayof Oc~. Jn thc year ]9 8~,beforeme, , personally appeared Pe~l pcrsonaUy known to me (or proved [0 mc on [he basis of sadsfac[ory evidence) [0 be [he person who executed fl~c wi[bin ins[rumem as aUorney-Jn-fac[ of S~. ~an[ Fl~e smd i'~ine [ns~ce Comply 2378 Rev. 2-83 Printed n U S ~ Orange ~o,~., '~1~ Commission Expires', cOUNTY OF~ SAN D I EGO ) ' said S~te, personally appeared person~y known to mc or proved to mc on the basis of satisfactory evidence to be the person~vho executed the within instmment as $~. VICE pRESIOENT~~ QF FAqTI AKF DEVELOPHFNT COMPANY , the pa~nership that executed thc within ins~ment.~ WITNESS my hand and offici~ seM. -~"- r~-~ . Signature _ f, ,/ ~j (This area for offici~ not~i~ ~) tShllul sx. PAUL FIRE AND MARINE INSURANCE COMPA00 C 4 1 9 CERI1FICA'I'E OF ~.,,~=.~a~,.~ 385 Washington Street, St. Paul, Minnesota 55102 ' AUTHORITY NO. Forverificationoftheauthenticit~ofthisPowerofAttorney, you may tclephone toll freeS00-328-2 89andask for ~ ~ ~ r) © ~ ~_ the Power of Axtorney Clerk. Please refer to the Certificate of Authority No. and the name~t individual(s}. ~ ~-~ ~ t.. ~ 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 Fi~e 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: William 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, California its true and lawful attor ney(s)-in- fact to execute, seal and delive£ 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 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 E-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 Presidenl, 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 atlach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in Ihe nature thereof, and (2) To appobu special Attorneys-in fac , who are hereby authorized to cer fy lo copies of any power-ol~anorney 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-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 lhe 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 cer f ca e relating thereto by facsimile, and any such power of attorney or cerlificale bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so execu ed and certified by facsimile signatures and facsimile seal shah be valid and binding upon the Company in tht future whB respect to any bond or undertaking to which it is attached.'* ~~ ~ tt%z IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Compare has caused this instrument to be signed and its ~'N~~~'~~* --~~i~ STATE OF MINNESO [~ ~ = = ~ County of Ramsey IA)~ ss. ST. PAUL FI RE AND MARINE INSU~~ ~~ ~ ~NCE C OM ~NY ~O/i~R A u G~~ Vice ~esident Onrhis ~th dayof July ,19 86 ,beforemecametheindi~idualwhoexecutedtheprecedinginstrument, tome personally known, and, being by me duly sworn, said that he/she is the therein described and authorized 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 were duly al fixed by order of the Board of Directors of said Company. ~;~}~ IN TESTIMONY WHEREOE I have hereunto set my hand this i' 29550 Rev. 3-84 Printed in U.S.A ~2}~ '/ ) (:,