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HomeMy WebLinkAboutReso 1986-12786" 2072 RESOLUTION NO. 12786 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 86-5, EASTLAKE I UNIT 14, 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: NON, 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 86-5, EASTLAKE I UNIT 14, and more particularly described as follows: Being a Subdivision of Parcel 1 of Parcel Map No. 14162, in the City of Chula Vista, County of San DiegO, State of California, filed in the office of the County Recorder of San Diego County, February 10, 1986 as File No. 86-053594 of official records No. of Lots: 100 No. of Units: 100 Gross Area: 12.6859 acres is made in the manner and form prescribed by lag 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: Watertown Lane, Hamden Drive, Hartford Street and New Haven Drive 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 Ci~ula 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 abutters' rights of access in and to Lakeshore Drive as shown on said map. -1- 2073 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 17th 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 17th day of October, 1986, a copy of ~hich 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 Jo~ P. Lippi'tt~ Di~rector of P~(lic Works/City Engineer 2143a Approved as to form by Ch-~'rles R. Gill, Assistant City Attorney 074 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of. October 19 86 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Campbell, Malcolm NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None ATTL,E /- Cit~ 'Clerk ~_.) the City of Chula Vista .TATE Of CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio, DO HEREBY CERTIFY that the above and foregoing is a full, true ond correct copy of RESOLUTION NO. 12786 ,and that the same has not been omendedor repealed DATED OF CHULA ¥1SI'A City Clerk CC-660 'please raturn to: Jennie M. Fulasz City~ Clerk P.O. Box 1087 ~hula Vista, CA 012 ~ THIS AGRE~ENT, made and entered into t~is,Y?~!.=_.~{of (-~C-T~4~_ , 19_~_~_, by and between THE VISTA, a municipal corporation, hereinafter called City", and LANE/KUHN PACIFIC DEVELOPMENT COMPANY, 14 Corporate PIaza, Newport Beach, California 92660 hereinafter called "Subdivider"; W I TNES SETH : 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 CHULA VISTA TRACT 86-5 - EASTLAKE I UNIT 14 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 Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved 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.12510 , approved on 10th day of June , 19 86, and the -1- Form NO. CA-410 Revised 12/82 ,?,]54 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.86-369 through 86-373 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 FIFTY EIGHT THOUSAND DOLLARS AND NO CENTS ($758,000.00). 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- 2055 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 SEVENTY NINE THOUSAND DOLLARS ($379,000.00) 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 SEVENTY NINE THOUSAND DOLLARS ($379,000.00) 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 TWELVE THOUSAND DOLLARS ($12,000.00) - per private engineer's estimate- 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- 2 56 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- 295? 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: LANE/KUHN PACIFIC a California general partnership BY: David V. Inc., a California Mayorfo~th~ City of'ChUlavista ~ ~, ~°rp°rati°~i .' ~ City Clerk ~' dent ~/, ~vid B.' Approved as to form by ~/f~ity Attor?e~ (Attach Notary Acknowledgment) STATE OF CALIFORNIA COUNt' OF Orange On October 17, 1986 said S/ate, personally appeared David B. , belore me, the undersigned, a Notary Public in and for Kuhn~ Jr. ~_ , persona~ly known to me (or proved [o me on the basis ol satisfactooj evidence) to be the persons who executed the within instrument as. it President ~ ,~ on behalf of David Inc. the Corporation therein r~amed, and acknowledged to me that said corD0ration executed the within instrument oursuanl t0 its by- lawsoraresolutionofitsboardofdirectors,saidcorpor~tion~eing * ~ ' C known to me to be one ol the partners of Lane/Kunn Development C ompa__n__y the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such pa~lnership executed the same. WiT. Signature, ,, ~ ,..-,.~.~-,. ?. v '~,t...-%..~ {This area for o[~icial notarial seal) 2058 LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance: Form: Bond Amount: $379,000.00 Improvement Security - Material and Labor: Form: Bond Amount: $379,000.00 Improvement Security - Monuments: Form: Bond Amount: $12,000.00 Securities approved as to form and amount by Ci(y Attorney r ~, Improvement Completion Date: Three Years from Date of Council Approval of the Subdivision Improvement Agreement. 20 9 SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT This Supplement is made and entered into this 17th day of October , 1986 by and between the City of Chula Vista, a municipal corporation, hereinafter called the "City" and EastLake Development Company, a California 1~ partnership, hereinafter called the "Subdivider;" general .~q~,~ 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 14 (Chula Vista Tract 86-5), 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 %~HEREAS, 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. gO60 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 Mayor of~h~ Chula Vi§ta SUBDIVIDER: EASTLAKE DEVELOPMENT COMPANY, a California general partnershi~ By: David IV, Inc., a ~,California corpo~ration, STATE OF CALIFORNIA COUNTY OF~ ORANGE on October 17, 1986 said State, personally appeared__David B. · b fore me he undersigned, a Notary Public in and for Ku~n, _, personally known to me (or proved to me on the basis its of satisfactory evidence) to be the persons who executed the within instrument as. _Presidenta~__ SL~, on behalf of David IV, Inc. th e corpo ration therein named, and acknowledged to me th at said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be oneofthepartnersof 1~Itl",...lke ] ~ tAARY E BLACKARD Development Company NO?ARY PUBLIC - CALIFORNIA the partnership that executed the within instrument, and ack_ nowledged to me that such corporation executed the same as~ ~" M),corfllR. expiresAFR~ such partner and that such partnership executed the same. ~,~.-~ ~ - (This area for official notarial seal) ry ment) -3- , 063 BOND FOR FAITHFUL PERFORMANCE Prem. $3 Q30.00 WHEREAS, The City Council of the City of Chula Vista, State of california, and L~NE/K~N PACIFIC ~LOPMENI COMPANYt A CALIFO~IAGENERAL PARTNERSHIP, (hereinafter designated a "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated .19 __, and identified as project CHULA VISTA TP. ACT 86-5 ~A~--~ ~/~ /~ , is hereby referred to and made a'part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.' NOW, THEREFORE, we, the principal and DEVELOPERS INSUR^NCE COMPANY , as surety, arc held and firmly bound unto the City of Chula Vista, hereinafter called "city", in the penal sum of THREE HL~DRED SEVENTY-NINE THOU$~ND AND NO/100 ................ dollars ( ~§79~000.00 __) lawful money of the United States, for the payment of whi~l~ :~um well and truly to be 'made, we bind ourselves, our heirs, successors, executors and administrators, jointly and sev~,l'ally, firmly by these presents. The condition of this obligation is such that if 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 covcna~%ts, 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 int~'n[· and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as there~n stipulated, then this obligat.ion 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, incl~din.q reasonable attorney's fees, incurred by the City in succen:~£ully enforcing such .obligation, all to be taxed as costs and' ~n- cluded in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of agreement or to the work .to be performed thereunder or tho specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waiue notice of any such change, extension of time, alteration or to the terms of the agreement or to the work or tO thc fications. 2064 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 where'of, this instrument has been duly executed by the principal and surety above named, on September 24 19 86 L/NqE/KUHN PACIFIC DEVELOPMENT COMPANY, a California general partnership DEVELOPERS INSURANCE COMPANY CORPORATION BY: DAV~V. INC.. 333 Wilshire , Anaheim, Ca 92801 rnia coroo~ation// . / 2065 n-Fact STATE OF CALIFORNIA [ SS, COU F on 2 ORANGE DAVID C. BANFER ?ersonalIy appeared , before me, the undersigned, a Notary Public in and for said State, ?ersonally known to me (or proved to me on the basis of sausfactory e~dence) to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal, [ DtC 304 (REV, 2/85) Thia area for Official Notarial Seal the corporat ion the rein named, an d acknowledged to me that said corporation executed the within instrument pursuant to its by- _ _ -~-~^-~ laws or a resolution olits board of directors, said corporation being ~ I,,iown/ometobeoneolthepartnersol~ (~ //?~,~ MA~Y E BLAC~RD Pno~,~o Development Company , ~ .OT~Y PU3L,C- CALIfOrNIA STATE OF CALIFORNIA COUNTY OF Orange I On September 30, 1986 , before me, the undersigned, a Notary Public in and saidState, personailyappeared David B. Kuhn~ Jr. and . personally known to me (or proved to me on the basis its of satisfactory evidence) to be the persons who executed the within instrument as Presidentancl~Secretary, onbehalfof David V; ]'nc, 2066 BOND FOR MATERIAL AND LABOR Bond No: 93U457S PremiL~: in¢l in performance WHEREAS, the City Council of the City of Chula Vista, State of California, and LANE/KUHN PACIFIC DEVELOPMENI COMPBN¥, A CALIFO~IA GENERAL PARTNERSHIP, (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. CHULA VISIA IRACT 86-5 ~A~L~F~ U~/~ ~.~ , 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 THeE HUNDRED SEVENTY-NINE THOUSAND AND NO/100-. ............ dollars ($ 379;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 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. -2- · ,¢ 2 67 · The surety*hereby stipulates and agrees tha~ no change, ~xtension 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 where'of, this instrument has been duly executed by tile principal and surety above named, September 24, .. 19 86. On LANKE/KUHN PACIFIC DEVELOPMENT CO. ANY, a California general partnership CORPORATION STATE OF CALIFORNIA SS. DAVID C. BANFER DEVELOPERS INSURANCE CNMPANY 92801 2068 before me, the undersigned, a Notary Public in and for said State, WITNESS my hand ~d official seal. personally know~ to me {or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney M-Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. DIC 304 (KEV. 2185) ~ ' om September 30, ce said State1 personally appeared 7his area for Official Notarial Seal 1986 before me, the unde;-signed, a Notary Public in and for Dnvid R. Kuhn. Jr. and personally known to me (or proved to me on the basis its of satisfactory evidence) to be the persons who executed the within instrument President and Secreta~, on behalf of David V; Inc. ~3 ~ the corporation therein named, and acknowledged to me Ihat said .- ~- corporation executed the within instrument pursuant to ils by- ~ m laws or a resolution of its board of directors,said c0rporation being ~'~ known to me to be one of the partners ol l.~n~/Kuhn o~ ~aclfic. Development Company I the partnership that executed the within instrument, and ack- ~_. r~owtedged to me that such corporation executed the same as ~_~ such partner and that such partnership executed the same. (This area for official notarial seal -in-Fact ~,D69 Bond No: 938q60S .. P~emlum: $50.00 SURVEY MONUMENT INSTALLATION BOND KNOW ALL MEN BY THESE PRESENTS, That I/We LANE/KUHN PACIFIC DEVELOPMENT r as the subdivider and Principal, and the DEVELOPERS INSURANCE COMPANY a Corporation of the State of Cali£ornia .... · , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of TWELVE THOUSAND AND NO/100- -'- - - -DOLLARS, ($ 12,000~00 ) 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 ih subdividing certain lands to be known as CHULA VISTA TRACT NO. 86-5 ~v~si~i/~' the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution PC5-86-5 , and to get WHEREAS, the said Principal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires same at a later date, CO..O.A.ON ZO?o DICO ORANGE }ss. DAVID C. BANFER STATE OF CALIFORNIA COUNTY OF SEP 2 per s chilly appeared · before me, the undersigned, a Notary Pub]lc in and for said State, personaUy 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 on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand mhd offlci~ that if the ETER C~IG ~copy of . ~ta, refer- ~erein as Of the Cit DIC 304 (REV. 2/85) ITATE OF CALIFORNIA COUNTY OF Qr. zm_ g e This area for Official Notarial Seal s bond, on lng completio[ then the effect. ereunto set rporation September _30_~_1986 , belore me. the unde;-signed, a Notary Publlc in and tot said Stale, personally appeared D~v'i d B. ~uhn, Jr. and , personally known to me (or proved to me on the basis ol satislactory evidence) to be the persons who execuled Ihe wilhin instrumenl as President and Secretary, on behall of ~av~ _~ ~ ~nc, known to me to be one of the panners of ~'.an~/Kllhn ~ fi~.~ ~v~ARY E BLACKARD K Pnr~flc Development Company , ~~%t,c-cg,rOe~,A 15 the pa~nership that executed the within instrumenL and ack- ~ ~k~f O~ANbE COUN~ % /-, , { / 2071 :LOT / / !