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HomeMy WebLinkAboutReso 1986-12690 IJ J 335 RESOLUTION NO. 12690 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI STA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, APPROVING SUBDIVISION I MPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey en ti tled CHULA VI STA TRACT 86- 3, BONITA LONG CANYON UNIT NO.3, and more particularly described as follows: Being a subdivision of portions of Quarter Sections 8, 9 and 19 of Rancho de la Nac ion, in the Ci ty of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869, together with a portion of Corral Canyon Road as dedicated to public use. No. of Lots: 121 Lettered Lots: 8 Numbered Lots: 113 Gross Area: 121.988 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Corral Canyon Road, coltridge Lane, Trailridge Drive, Horseshore Court, Galveston Way, Canyon Ridge Drive, County Vistas Lane, Country Trails Court, and County Trails and said streets are hereby declared to be public streets and dedicated to the public use. of Chula endorse Council streets BE IT FURTHER RESOLVED that the City Clerk of the City Vista be, and she is hereby authorized and directed to upon said map the action of said Council; that said has approved said subdivision map, and that said public are accepted on behalf of the public as heretofore stated. -1- BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, access and street tree planing, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 26th day of August , 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 the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J~hn P. Lippitt, Director of Charles R. GiI1, Assistant ~ublic Works/City Engineer City Attorney 1667a -2- 337 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of Au§ust 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox~ Malcolm, Moore, Campbell~ McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers None ~City of Chula Vista ~,x '--__ City Clerk STATE OF CALIFORNIA ) !~$~ SEP -4 P~I I2:20 COUNTY OF SAN DIEGO ) ss. ] VERA L. LYLE CITY OF CHULA VISTA ) L._~_0UNTY RECORO~R_ NO I, JENNIE M FULASZ, CMC, CITY CLERK of the City of Chula Visto, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12690 ,and that the same has not been omendedor repealed. DATED City Clerk CI'iY OF CHULA VISi'A CC-660 ~nnie ~. Fubsz, Ci~ ~erk P. ~ Box 1087 SUBDIVISXON IMPI~O%r~NT AI~REF2~NT aula Vgt~ C~o~ ~ ~ THIS AGRE~ENT, made and enter~ into this ~=~ ~ - day of ~Jr , 19~ , by and between THE CITY OF CHU~ VISTA, a municipal corporation, hereinafter call~ "Citv", and McMILLIN DEVELOPMENT INC., 2727 Hoover Avenue, National City, California 92050 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 s~division, to be ~own as BONITA LONG CANYON UNIT NO. 3 (Chula Vista Tract 86-3) 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 s~division 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 completed all of the public improvements and/or land devel~ment work requir~ 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 approved improvement security to insure the perfo~ance of said work pursuant to the requir~ents of Title 18 of the Chula Vista Municipal C~e, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work requir~ in said subdivision within a definite ~riod of time prescrib~ by said Council, and ~EREAS, Subdivider is willi~, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's o~ expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approv~ by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contain~ in Resolution No.12285 , approved on the 17th day of December , 19 85, and Form NO. CA-410 Revised 12/82 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. 86-318 through 86-337 includive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of TWO MILLION TWO HUNDRED SIX THOUSAND DOLLARS AND NO CENTS ($2,206,000.00). 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 ONE MILLION ONE HUNDRED THREE THOUSAND DOLLARS AND NO CENTS ($1,103,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE MILLION ONE HUNDRED THREE THOUSAND DOLLARS AND NO CENTS ($1,103,000.00) 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 TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) (per private engineer) 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- 322 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 oft 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- 323 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: McMILLIN DEVELOPMENT INC. Mayor of(~h6/J City of Chula Vista /~ City ~lerk Approved as to form by C~ Attorney /f (Attach Notary Acknowledgment) STATE OF CALl ~;anORNl~ . Iss. COUN~OF u,e~o August 2i, 1986 On , before me, the undersigned, a Notary Public in and for said State, personally appeared V_~ r~i l E. E ! l iot t . and ~~~) to be the persons who executed the within instrument as V i ce President an~ ....... ~' ..... ~e~ on behalf of ~]~n Development, -I~c. - ¢ ,, ,:; .IOYCE A BENEFIE/D J ' , S'~f~ D EGO COUN~ WIT~ESS my hand and official seal. ~ ~J~¢¢ ~,~,,' c3n'm, e:4pires ~AR 3], 1989 S~gnature -" * ' :"' ~" '~ (This area for officia~ notarial seal) -5- LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $1,103,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,103,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $20,000.00 Securities approved as to form and amount by A~s~stant Cit~ Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 325 BOND FOR FAITHFUL PERFORMANCE Bond No. Bi 3258? WHEREAS, The City Council of the City of Chula Vista, State of California, and 80N~IA LONG CANYON PARINERSHIP .............. ........................................... (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project BONITA LONG £AN¥ON IINIT NO ~ ................................................................ , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ................... ALLIED MUTUAL INSURANCE COMPANY ........................... , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of 0NE MILLION ONE HUNDRED THREE THOUSAND AND N0/100 .............................. dollars ($ 1,103,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full ~orce 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 agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on ............. AUGUST ]] , 19 86 BONITA LONG CANYON PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. ALLIED MUTUAL INSURANCE COMPANY BY: HONE C~TAL CO~RAT/IOf~ Z,. t~ ,c ~- ' -. ~ / / Surety APPROVED AS TO FO~: PW-E-34 ' ty A~y - 327 BOND FOR b~TERIAL AND LABOR Bond No. Bd 32587 ~'[HEREAS, the City Council of the City of Chula Vista, S ~ take of California, and BONITA LONG CANYON PARTNERSHIP mr ................................... ~ereinafuer designated as "Princlpai") have entered into an agreement whereby principal ~grees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project BONITA LONG CANYON UNIT NO, 3 .---_ ........................................ f is hereby referred to and mate a part hereof; and ' WHEREAS, Under the terms of said acreement, principal re½u~._~ before ~r~ ~ - t~ perzormance of the work, to file acccd and sufficient ~a .... ~cnd ' - - ~ =~.en~ w~th the City of Chu!a Visna to secure the claims to which reference is made in Title 15 (c ...... nczng with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NO>~, TH ..... 0~,~, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontract ~ ..... or~, laborers, malaria!men and other persons employed in the performance of the afo~=~- agreement and referred to !n the = ~' ~ azores=lG Code of Civil Procedure in the s~ of 0~E MIhll0M ON[ ~gNDR[D THREE I~0HSA~O ~O ~0/100 ......................... dollars ~$ 1,103.000.00 ), for mauer~als furnzshed or labor thereon of a~y kind, or for amounts due ~ ~= Unemulovment Insurance Ach with respect to such work or labor, that said surety will pay the same in an amount not exceeding the hmount hereinabove sen 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 C~a Vista in successfully enf~_~in~ such obligation, .... ~=~ and fixed by the court, ann to be taxed as costs and to be included in the judgment th .... n 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 (co~u~encing with Section 30S2) of Part 4 of Divisi©n 3 of the Civil Co,!e, so as to give a right of ~ ~ , ~c~_on to them or their aSSlgES in any suit Brought upon this bond· Sheuld the condition of ~mis ~-~ be fully ~ ~ - · then thzs ~' ' ~ .... ~ c-l!gatlon shall become null a~d void, otherwise it shall be and rcmaiu in full force and e~=~ ~ 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 ll 19 86 BONITA LONG CANYON PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. ~.~'~-. ,:~/~ ~ ^LL, Eo MUTU^L ,NSUR^NCE COMPANY ~ P.O. Box 1820, ~La~Mesa, CA 92041 Keith E. Clements, Attorney~in~fact City A~ney P~-E-34 STATE OF CALIFORNIA 9 329 CERTIFICATES OF ACKNOWLEDGEMENT (Corporation asa Partner ora Partnership) ~TICOR TITLE INSURANCE STATE OF CALIFORNIA '" COUNTY OF S.~an Diego } t On August 12, 1986 before me, the undersigned, a Notary Public in and for , said State, personally appeared Kent J. MacDiarmid u personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed u~ the within instrument as the Vice ~ President, and Steven R. Penn personally known to me or proved to me on the basis of satisfactcry evidence .~- to be the person who executed the within instrument as the Prelect Manager ~ Home Captial Corporation xtk~a~tary of i the corporation that executed the within instrument on ['~"~'5'%%%%%~*'~~d'~=.'~'-' g the within instrument, and acknowledged to me that such 'fA ~ I · corporatmn executed the same as such partner and that/ fl ~:,~.,~o~ P~l~:¢,~ O~mOE m WITNESS my ha official seal. ~ ~_ %'~ ~,7 C0mm~s~0~ Exp. May Ig, 1989 ~ Signatu (Corporation asa Parmer of a Partnership) ~TICOR TITLE INsURANcE STATE OF CALIFORNIA COUNTY OF SAN DIEGO On AUGUST 1 I 1986before me, the undersigned, a Notary Public in and for said State, personally appeared LLOYD V. HILL ......................................... peTsonally known to me o-r~veevod-te.qn~n_th~ baefi~atlsfs, c.~oW_cwi~n~e.t° be the person who executed x the within instrument as the SENIOR VICE President, and ROBERT k. JONES a personally known to me '°~'pre~l-t~-m~-oe,-the-b~sis~f~t~.o~y_e~idenee. ~- to be the person who executed the within instrument as the SEN OR VICE-PRESIDENT Secretory of m McMILI IN DFVFIOPMFNT~ INC, behalf of .,BONITA LONG CANYON PARTNERSHIP :' 7>× OFFICL\T. SEAL · -the partnership that executed the within instrument, and acknowledged to me that such ,; ii!.7 ], IOYC5 A g~,~, E?IELD corporation executed the same as such partner and that Z'-.N m£g3 "rrm ,, such partnership executed the same. :/ '~ ...... T, WITNESS my hand and official seal, · ~ = ---~--~-~: .... ~, ~-~.~.~.~_.~=~>_ (This area for ofecial notarial seal) STATE OF CALIFORNIA ) County of San DSe~ ) ss. CERTIFICATE OF ACKNOWLEDGEMENT ~ ATTORNEY-IN-FACT FOR SURETY On this llth day of . August in the year1986 before meLinda J. Tarr, a notary public, personally appeared Kelth E. Clements ' personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this instrument as the attorney in fact of ALLIED Mutual Insurance Company, and acknowledged to me thatX~ he, [] , she, subscribed the name of Home Capital Corp. and McMillin Development, Inc., a thereto as principal, and~[his, [] her, own name as attorney in fact. Partnership dba Bonita Long Canyon Witness my hand and official seal on the day and year above written. Bd294 (5-83) ~1 ~:~/ S'~N L'I£G0 CO'JNTy ~. My Commission Expifos April 4. 198S ', 701 F]fih Avenue 'Des Mo/ne& Iowa 5030¢-0974 , Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of the State of Iowa. with its principal office in the City of Des Moines. Iowa. hereinafter called "Company" does hereby make. constitute and appoint ' -- Keith E. Clements, San Diego, California .... each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign. seal. and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of M"~LIMITED IN AMOUNT .................................................................. ($ UNLIMITED ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX -- EXECUTION OF CONTRACTS "Sec.on 2. Bonds. undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued bv the Corporal~on s,all be validly executed and binding on [he Corporation when s~gned by the President. or a Vice President. or by Attorneyl~)-in- Fact appoin ed by t,e President. or by a Vice President" 'Section 3. The President. or a Vice President. shatl have the power to appoint agents of the Corporation. or other oersons, as A~torney(s)- In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind ~he Corpora on by their mgnature and execution of any such Instrument. The appoint- ment of such Afforney(s)-In-Pact shall be accomplished by Powers of Attorney signed by the President, or the Vice President. This Power of Attorney is signed and sealed by facsimile under and by the fallowing By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX -- EXECUTION OF CONTRACTS 'Sect]on 4. The Secretary. or an Assistant Secretary. is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation: and to cedity that any bond. undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power bt Attorney is attached is and shall continue to be a valid and binding oPligation of the Corpora,on. according to its terms, when executed by Adorney(s)-In-Fact appointed by the President or a Vice President." 'Section 5. R shall not be necessary to the valid execution and binding effect on the Corporation of any bond. undertaking, or obligatory mstrument of s~milar nature, other than policies and endorsements, signed on behalf of the Corporation py the President. or a Vice President. or Atlorney(s)-In-Fact appointed by the President. or a Vice President. or any Power of Attorney executed on be,alt of the Corporation appomt- mg Afforney(s)-In-Fact to act for the Corporation. or of any certificate to be executed by the Secretary. or an Assistant Secretary. as hereinabove m Section 2. 3. and 4 of this Article provided, that lhe corporate seal be affixed to any such instrument but the person authorized to sign such ~nstrument may affix the corporate seal. and a facsimile corporate seal affixed to any such instrumem shall be as effective and binding as the origmat seal.' Section 6. A facs~mde slgnalure of the President. or of a Vice President. affixed to any bond. undertaking, or obligatory instrument of simdar nature, other than policies and endorsements, or to a Power of Adorney signed by such President. or a Vice President. as herein ~n Sections 2 and 3 provided, or a facsimile signature of the Secretary. or of an Assistant Secretary to any certificate as herein in Section 4. provided, sha~ be effective and binding upon the Corporation with the same Iorce and effect as the original s~gna£ures of any of such officers. Section 7. A facsimde signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of ARorney or certificate, as harem n Section t, 2, 3 and 4 provided." IN WITNESS WHEREOF, tj~e Company has c~.~.d these presents to be signed by its President and its corporate seal to be hereunto affixed this ±s t day of 19 86 ¢ ?""~'~'.~.~.~, ALL~ED MUTUAL ,N,S~I~rANC~ COMPANY STATE OF IOWA ~£ .o,."" ~r ' / ' t / - '------- *-'resident COUN OF POLK ss o meOnkntoh:n whloS, tbein, bdyamYeOfdu, .wlw~orYn did de bsa and sa ,, /_! ,'g 86, before me personally came Jo,nE Evans. Y p y at he ~ President of ALLIED Mutual Insurance Com an th ?s_c?~ed ,n an? wh,ch ,ex. ecuted the above' ,nstrumenq Ihat he Knows theS~at of said cornorat on, that the Se=l =ff'.'~J ~Y' .~,e.~ ~o_r~orat~or~ ,= ~uun c0rporatlO, Seal; t/Iai ~t was so affixed pursuan o authority given by the 8bard ~'~ Directors of said ~'Jr~'r"a'~i~n~Uan~'~h'~altS[hrUemheans[ signed his name thereto pursuant to IJke authority, and acknowledged the same to be the act and deed of s)aJd corporation. , ~_ ' : S.A. Denning ~' ~'' ' ' __- ' I Notaw Public in and for the State of Iow.~' ~/- I ~ - o~ ; CERTIFICATE I, the undersigned. Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of iowa, do hereby certify that the foregoing Power of Attorney ~s still in force, and further certify that Sec,on 2, 3. 4, 5, 6 and 7 bt Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF. I have subscribed my name and affixed the seal of the company this day of August . 19 86 :""?'g '~"~ :;'~ Secretary May i, t989 ~";.~!,.';"~ SURVEY MONUMENT INSTALLaTiON BOND Bond No. Bd 32588 KNOW ALL blEN BY THESE PRESENTS, That I/We BONITA h0NG CANYON PARTNERSHIP as the subdivider and Principal, and theALL~£D MUIUIAL ~NSOMANCE UOMFANY a Corporation of the State of ~0WA , 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 TWENTY YHOUSAND AN0 H0/100 ................. ($ 20.000.00 ) lawful money of the Un,ted 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 BONI/A [0NG CANYON UN~/ N0.] subdivision in the City of Chula-Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and WHEREAS, the said Principal desires not to set durable monu~ments prier to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments o'f the survey by V/N-$0U/NW£BT (name of , as per the final map of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completio~ and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEP~EOF, the said Principal and Surety have hereunto set their hands~, this day of I 1 th AUGUST , 19. 86 · BONITA LONG CANYON PARTNERSHIP / ' (Pri~bipal) Cmty At~ey Keith E. Clements PW-E-34 332 STATE OF CALIFORNIA · CERTIFICATES OF ACKNOWLEDGEMENT OAT', NO. NNOOS36 TO 1954 CA (9--84) (Corporation asaPartner oraPartnership) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF San Diego i~ ~. 'T On Auoust 11 , 1986 before mc, thc undersigned, a Notary Public in and for said State, personally appeared. L ] oyd V. H ~ | 1 ..................................... ~ .... z:. .......... f s~L,of~tv, y ~,,d~c-~o be the person who executed z the ~vithin instrument as the Senior Vice President, and Robert L. Jones *- to be the person who executed the within instrument as the Sen Jot Vi ce Pres, ~ HeH[llln Oevelooment. Inc.  the corporation that executed the within instrument on behalfof BONITA LONG CANYON PARTNERSHIP ~7-' -- ~ - the partnership that executed ~ , ,Al the within instrument, and acknowledged to me that such ,! :,/~.~;~..,2 r~ 'r CE A BENEFIELD such partnership executed the same. ,', , : .L, . , ~N DIEGO COU~iTv WITNESS my hand and official seal. '* .: 'l,/c-r;3}. :xDire3 (Corporation as a Partner of a Partnership) ~J TICUH I I I U=: 11~l:3U STATE OF CALIFORNIA · COUNTY OF San Diego ~ ,~ On August 12: 1986 before me, the undersigned, a Notary Public in and for [. said State, personally appeared Steven R. Penn u the with~n instrument as the Project Hana~er x~l:~,and Kent J. MacD±armid ~~ Home Capital Corporation behaJfof Bonita Lon~ Canyon Partnership ~ . ..,. , ~ ,- the partnership that executed ~ (';:e~'~."~-%'~ D.L. '~AN KOEVmRING r: corporation executed the same as such partner and that ~' ~ r 'X--' ~ ':' J '~' 1~" :'.~'2'k~ P~q NC Pat WITNESS my hand and official seal. ,, . STATE OF CALIFORNIA ) County of San Die$o ) ss. CERTIFICATE OF ACKNOWLEDGEMENT ATTORNEY-IN-FACT FOR SURETY On this llth day of August in the year 1986 before me kinda J. Tarr personally appeared Keith E. Clements ---' ., a notary public, personally known to me or proved to me on the basis of satisfactory evidence to b~ ~- .............. ', to this instrument as the attorney in fact of ALLIED Mutual Insurance Company, and acknowledged to me that ~e, she, subscribed the name of Home Capital Corp. and McMillin Development, Inc., a thereto as principal, and~Khis, [] her, own name as attorney in fact. partnership dba Bonita Long Canyon Witness my hand and official seal on the day and year above written.  ~.~,~. OFFICIAL SEAL ~ ,.' . 7~1 Fifth Avenue Power of Attorney il.' Des Mo/nbs Iowa 50304-0974 Insuranc'e KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Companyr', does hereby make, constitute and appoint -- Keith E. Clements, San Diego, California .... each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authorify to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of LRFLIMITED IN AMOUNT ................................................................... ($ UNLIMITED ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and ail acts of said Attorney pursuant to the authority hereby g~ven are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE fX -- EXECUTION OF CONTRACTS "Secedn 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President. or by Aitorney(s)-in- Fact appointed by the President, or by a Vice PresidenL" "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporahon, or other persons, as At~orney(s)- In-Fact to act on behalf of the Corporation in the execution of 0onds. undertakmgs, and other obligatory instruments of similar nature, other than policies and endorsements w~th full power to bind the Corporation by their signature and execution of any such instrument. The acpornt- ment bt such Attorney(s)-In-Pact shall be accomplished by Powers of Attorney s~gned by the President, or the Vice President. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws du~y adopted by the Board of Directors of the Company, . ARTICLE IX -- EXECUTION OF CONTRACTS "Section 4.. The Secretary. or an Assistant Secre ary s authorized to certify that any such Power of Attorney so signed shall be validfy executed and binding on he Corporation; and to certrfy that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attacbed is and shall continue to Pea valid and binding obligation of the Corporation, according to its terms, when executed by Attomey(s)-In-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the vatid execution and binding effect on the Corporation of any bond, undertaking, or obligatory mstrument of similar naIure, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Anorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behag of tnb Corporation appoint- ~ng Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as hereinabove ~n Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person aulhorized to s~gn such ~nstrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shatI be as effective and bindmg as the original seaL" Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of simdar nature, other than policies and endorsements, or to a Power of Altorney signed by such President, or a Vice President. as harem ~n Sections 2 and 3 provided, or a facsimde s~gnature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any of sued officers. 'Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as here~n in Section 1, 2, 3 and 4 provided." IN WITNESS WHEREOF, tJ~e Company has c;~d these presents to be signed by its President and its corporate seal to be hereunto affixed this .LSt day of 19 86 ~'~}?'~"~'~:~:~. AL D MUTUAL INSk~f'AN~ COMPANY STATE OF IOWA % ';f.%%'.-' ,~ COUNTY OF POLK ss On this 1st day of May to me Known, who. being by me duly sworn, did depose and say that he Pfesident ~ft~ 86. before me personally came John E. Evans LLIED Mu ual Insurance Company, (he corporation described ~n and which executed the above instrumem; that he knows ~eal of said corporation, that the seal affixed to said msttument is Such corporation seal; that it was so affixed pursuant to authority given by (he 8bard of Directors of said corporation and that he has signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed o~_/~d corporation. ~ ,-~, : S.A. Denning ~ ' ' "--- ~ ~-;3- ~ Notary Publicin and for the State of Iow~ " CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Arlicle IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed t~e seal of the company this day Ztth ~.~SEAL." ~ ~ ' ' This Power of Afforney expires ~ 'o .-; · Secretary May i, 1989