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Reso 1986-12529
{ ' ' (a) ~f. ~ulasz, ~ ~k ~ ~ ~ ~ ~,L ~:C~'~ O. Box 1087 V'is~ C~ao,~i~ 92012 RESOLUTION .0. 1~5~9 ~$ d~tt 28 p~ 2:3 ~ | VE~ L LYLE RESOLUTION O~ T~E CITY COUNCIL O~ THE CITY OF VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 0 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION~ AND APPROVING ADDITIONAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OFFSITE IMPROVEMENTS, 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 86-3, BONITA LONG CANYON UNIT NO. 2, and more particularly described as follows: Being a subdivision of portions of Quarter Sections 8 and 9 of Rancho de la Nacion, in the City 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: 134 Numbered Lots: 131 Lettered Lots: 3 Gross Area: 83.084 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: Sunny Crest Lane, South Point Drive, Gold Rush Circle, Ridge Creek Drive, Arborcreek Lane, Forester Lane and Thorton Road 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 c~helCity of Chula Vista be, and she is hereby authorized and di~ted to endorse upon said map the action of said Council; ~at -said Council has approved said subdivision map, and that sa~. public streets are accepted on behalf of the public as heretoforg~stated. -1- L 2002 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 and street tree planting, 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 16th day of June , 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 Additional Subdivision Agreement dated the 16th day of June , 1986, providing for the completion of offsite improvements on Otay Lakes Road, 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 Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Jo~n P. Lippi~t, D'ifector of Charles R. Gill, Assistant P~blic Works/City Engineer City Attorney 1667a -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHU~_A VISTA, CALIFORNIA, this.. 17th day of_ June . 19 86 , by the following vote, to--wit: AYES: Councilmembers McCandliss, Cox, Malcolm, Moore, Campbell NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Councilmembers. None Nl~yor~f the City of Chula Vista 6" city C~r~ -v-~7 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 o full, lrue and correct copy of RESOLUTION N0. ].2529 ,and that the some has not been amended or repealed DATED -- City Clerk CIIY OF CHULA VISTA :C-660 SUBDIVISION IMPROVEMENT AGREEMENT ~ THIS AGREf~ENT, made and entered into this /~ day ~ , 19~_~_~., by and between THE CI~Y--~C~UfA of VISTA,/~ municipal corporation, hereinafter called "City", and McMILLIN DEVELOPMENT, INC., 2727 Hoover Avenue, National City, California 92050 hereinafter called "Subdivider"; W ITNESSETH : 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 BONITA LONG CANYON UNIT 2, CHULA VISTA TRACT 86-3 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 ~HEREAS, Subdimider 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.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. 86-156 through 86-171 inclusive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of ONE MILLION FOUR HUNDRED SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($1,462,000.00). 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 SEVEN HUNDRED THIRTY ONE THOUSAND DOLLARS AND NO CENTS ($731,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of SEVEN HUNDRED THIRTY ONE THOUSAND DOLLARS AND NO CENTS ($731,000.00) 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)-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- 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agre~ent. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this 'agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property 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- 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. Approved as to form by ~/'~~-~ /~ ~'~'/~-~ (Attach Notary Acknowledgment) City Attorney STATE OF CALIFORNIA }ss. COUNTY OF_ SAN D I EGO ~" June 16, 1986 before me, the undersigned, a Notary Public in and for Lloyd V. Hi 'I 1 and ~° John F. Musial personallyknowntome,~pr~,~d'to'm~'on'hfle < c~ ba~,io ef-sat4'ef~l~%,-e~i~emoe)'-to be the persons who executed the within instrument as ~ ~= Senior Vice President and_ Sr. VicePres ~b~re~y, onbehalfof LZ E go McMILLIN DEVELOPMENT, INC. -5- LIST OF EXHIBITS ~xhibit "A" Improvement Security- Faithful Performance: For~: Bond Amount: $731,000 Exhibit "B" Improvement Security- Material and Labor: Form: Bond Amount: $731,000 Exhibit "C" Improvement Security- Monuments: Form: Bond Amount: $ 20 ,000 Securities approved as to form and amount by As%istant City Attorney Improvement Completion Date: Three years from date of Council approval of the Subdivision Improvement Agreement. SUBDIVISION IMPROVEMENT AGREEMENT FOR OFFSITE IMPROVEMENTS ON OTAY LAKES ROAD , THIS AGREEMENT, made and entered into this /~-day of , 1986, by and between THE CITY OF CHULA VISTA~z/ a municipal corporation, hereinafter called "City", and McMILLIN DEVELOPMENT, INC., 2727 Hoover Avenue, National City, Ca. 92050, hereinafter called "Subvdivider"; W I T N E S S E T H : WHEREAS, Developer is required to make offsite subdivision improvements on Otay Lakes Road in accordance with Item 23 of Resolution 12285, and 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 86-3, BONITA LONG CANYON, UNIT 2, 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 map, and WHEREAS, the Code provides that before said map in 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 sub- divisions 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 improvement work 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. 12285, approved on the 17th day of December, 1985, and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos 86-221 and 86-222 and Drawing Nos. 81-261, 85-145 and 85-146, as revised, 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 4106,000.00. 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 City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement 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 understood and agreed that all monuments have beeh 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 Subdivider 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 understood and agreed that Subdivider 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 certified 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 understood and agreed to by Subdivider 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 shall furnish and deliver to the City of Chula Vista concurrent with the execution of this agreement an approved improvement security in the total sum of SEVENTY NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($79,500.00), which improvement security shall guarantee the faithful performance of this contract by Subdivder and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider shall furnish and deliver to the City of Chula Vista concurrent with the execution of this agreement, an approved material and labor security in the total sum of SEVENTY NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS (~79,500.00) 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. 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 completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification 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. 9. It is also understood and agreed 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- 10. 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. 11. 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, alleys, 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 omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of tne 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. 12. 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 the 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 diversion 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- 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. Vista , ATTES'} City Clerk Approved as to form by ~%istant City Attorney (Attach Notary Acknowledgment) 1660a STATE OF CALIFORNIA }ss. COUNT(OF San Diego I on June 16, 1986 , before me, the undersigned, a Notary Public in and for said State, personally appeared_ Ll_oyd V. Hi l I __ and John F, Musia] Senior Vice Presiden and Sr. Vice-Pre.S.~Scr, rctar~,, on behalf of McMILLIN DEVELOPMENT, INC. suchcorporationexecutedthewithininstrumentpursuanttoits /I ~ I%w% ~,~v~-~ ^ ~ ...... by-laws or a resolution of its board of directors. ~ !:,,~ ",;~;,~') NOTARy PUEL C- CAL!F~ JlA LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $79,500.00 Exhibit "B" Improvement Security - Materialand Labor: Form: Bond Amount: $79,500.00 Securities approved as to form and amount by Charles R. Gill, Assistant City Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement. 2016' BOND NO. 13 90 46 R FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and B~TTA T.~ (hereinafter designated as ~"principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project Unit ~2 , ls hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of~v~~ ~?~nD~-~TD~V n~ THOUSAND AND NO/100 dollar§- ($~,~-66 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in- cluded in any j~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the BOND NO. 13 90 46 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 5th June , 19 86 SEE ATTACHED ~. ? .. PHILIP S. WALTER, ATTORNEY IN FACT BONITA LONG CANYON PARTNERSHIP INSURANCE COMPANY OF THE WEST Contractor Surety · ty A~ney PW-E-34 ]TATE OF CALl FORNIA .'OUNTY OF SAN DIEGO ss On this 5th day of June , in the year 19~6 , before me, the undersigned Notary Public, in and for the State of California, personally appeared Philip S. Walter m~Jm~R~'-'-'-%%'-%'d~dJ?,/ personally known to me (or proven to me on the basis of satisfactory OFFICIAL SEAL evidence) to be the person who executed the written instrument as Attorney- NANCY A. FAIRCHILD In-Fact on behalf of the Corporation therein named and acknowledged to me NOTAry PUI~I.IC-CALI¢0RN~ that the Corporation executed it. P~INCIPAL OFFICE IN ~J~OIEGOCOUNTY Given under my hand and the Notary Seal this 5th day of June U~ C0mmi~i~n ~x9 Ju.~ ?~. ]931 A.D. 19 __ 86 . -- I'"W"~'W"W'V~'"'~'"%'"~"I"~"~'"~ My Commission expires June 26, ]987 / /!l~l/-v~, . "' -- BOND NO. 13 90 C 2018' BONITA LONG CANYON PARTNERSHIP: McMILLIN DEVELOPMENT, INC. HOME CAPITAL CORPORATION CAT. NO, NN00636 (Corporation asa Partner ora Partnership) 2 0 1 9' ~ TICOR TITLE INSURANCE STATE OF CAJ,.LFOR,NflA } .--_ On ~[~ l~~ ,~'' 'be= s~id State, personally appeared ~,,2,~, ~.~k~he Undersigned, a Notary Public in and for , personally known to me or,~ved to me on the basis of satisf as the ~Ok6 ~ ~ ~Dt2OFqT/- p ', . be the person wh~executed . -~[~.~. ~er~n w~o ~xecBted/¢he within ins~ru~'~ [~ ~roveu to me on the basi~ of satisfacto e ' ~k ,~.~ora~ ma~exec~ted the w{thin ins ...... ~ ....... y m .~_ . .. . ' ~ [) ~ the parraershi, thatl~x .... ~ ~ ~ -,~ w~tnm instrument, and acknow~ed~edSo me~ .... ey ~ FREDtA M G'DE . s~C:~:5:~n 55ecuted the same as suc~ p~tn~r aS~ %~5: ~ ~TARY P,,BL~ I ~, mersnlp executed 0~ same. ~ ;~ / WITNESS my hand and officl~ seal ' M~ ~mm~ Ex~ ~.~ 5 1986 / ,. .... (Corporation asa Pa~ner ora Pa~nership) ~TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ~ SAN D[EG0 ~ ~. On __ dune ~, J9~6 b~fot~ me, the undemign~d, ~ Not~ry Public i~ and for s~d State, personally ~pp~ared ~rM 1 Pe'°pa~Y ~nown to me 25-'~ ~ the w~th~n mstrument as the President, and St~ven E, penon~ly known to me ~Fra~ .... ~_ '. to be the oerson who executed the within ins~ument ~ the ~ Vic~ Pres 5 dp~t 1~of ~e corporation that executed the within instrument on ....... ~=' aati~ztzr7 NeS~LLIN DEV~LOP~ENT~ lng. beh~fof BONITA LONG CANYON PARTNERSHI~ the within instrument, and acknowledged to me that such ?1 ?d~ ' ~: ~ T, corporation executed the same as such p~tner ~d ~at ~ ~,~ . .'~CE ,~ ~?,~5;EI D WITNESS my hand and official seal. I X ',5~:?'~ i~N DIEGO C3tr:y / r / .- .~'., BOND NO. 13 90 46 '0 20~0' · ., 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 nominate, constitute and appoint: PHILIP S. WALTER its true and lawful Attorney(s)-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 day 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 al! bonds and undertakings as the business of the Company may require, and any such bonds or undertakings 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 6T][ DAY OF ~TL~E 198.~. iNSURANCE COMPANY OF THE WEST Presiden't~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this 6TH DAY OF JUNE 198.5 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST I~Y~ ~, President of INSURANCE COMPANY OF THE WEST, 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 duJy affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San 'Diego, the day and year first above written. NORMA PORTER ~ ~'"~ NOTARY PUBLK; - CALIFORNU~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 5th day of June 19 86. RIDER TO BE ATTACHED TO AND FORM PART OF BOND NO. 13 qO 47 PRINCIPAL BONITA LONG CANYON PARTNRR.qRIP AMOUNT $731,099.90 IN FAVOR OF CITY OF CHULA VISTA IT IS AGREED THAT: BOND NO. 13 90 47 IS HEREBY CHANGED TO 13 90 46 THIS RIDER IS EFFECTIVE June 10. ]9R6 PHILIP S. WALTER STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this ~(~T~ day of .~J[~__ · in the year ~ , before me, the undersigned Notary Public· in and for the State of California, personally appeared ~PH_ILIP S. ~ALTER personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the Corporation therein named and acknowledged to me ~%.~.~%%%~ that the Corporation executed it. ~ . ~.~ NORMA ~RTER Given under my hand and the Notary Seal this ~Qthday of June 2022" INSURANCE COMPANY OF TIlE 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 nominate, constitute and appoint= PHILIP S. WALTER its true and lawful Attorney(s)-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 day 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 undertakings 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 6TH STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On mis 6TH DAY OY ~E [985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissione~ and qualified, came [~[S~ ~ ~, President of INSURANCE COMPANY OF THE WEST, 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 ~receding 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ~ M~ ~mi~ E~, Jaa, a, I~ ~ Nota~ ~blic STATE OF C~EIFORNIA COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the insurance Company of the West, do hereby certify that the original POWER OF ATTORNEy, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 10TH Jayof JUNE 19 86 ,~,~ % BOND NO. 13 90 47 BOND FOR ~IATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and BONITA LONG CANYON PARTNERSHIP ~ (hereinafter designated as "Prlnclpal") 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 ESTATES UNIT #2 -- made a part hereof; and , is hereby referred to and WHEREAS, Under the terms of said acreement, principal is recuired before en~ ~ ~ . ~r_.,g upon the performance of the work, to file a gocd and sufficient payment bond with the City of C .... = Vista to secure the clalms to which reference is made in Title 15 ( ....... ncln~ with Section 30~2) of Part 4 of Division 3 of the Civil Code of the State of California. TH ..... ORE, said principal and the unde=szgned as corporate Surety, are held =' ~' =mr..±y bound unto the City of Chu!a Vista and all contractors subcontractors, laborers, t~-zaL.en and other persons employed in the performance of the aforesaid acr .... ...... nt and referred to in the aforesaid Code of Civil Procedure in the s~ of SEVEN HUNDRED THIRTY ONE TH©NSAND AND NO/10Q ............ dollars ($ 731,000.00---), for mauerzals Zurnzshed or labor thereon of an~, 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 ~mount hereinabOve set forth, and also in case suit is brought upon this bond, will pay, in addition to fees, including reasonable atto~n~ .' ~-~y s fees, incurred by the City of Chula Vista in successfully enforcinc such obligation, to be awarded and fi:ced by the c .... ~ a,,~ to be included in the judcm~.nt ~-~ ' ~ 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 (commenc~ ~ with Section 30~2) of Part 4 of Division 3 of the Civil Cola, so as to give a right of action to them or their assigns in any suit brougi~t upon this bond. Should tho c ~ ~'~ of ~ - o,,ol~on this bond be fully ~u_~o .... d then this obligation shall become null and void otherwise it shz!l be and remain in full f .... ' o~ aed effect. OND NO, .90 47 '0 Z024' ' 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 19 PHILIP g. WALTER, ATTORNEY IN FACT --BONITA LONG CANYON PARTNERSHIP Surety APPROV~ FO~.i: C~' A t~/ey PW E 34 ' ~' TATE OF CALIFORNIA $$ OUNTY OF SAN D~EGO On this _Sth day of June , in the year _ 1987 , before me, the undersigned Notary Public, in and for the State of California, personally appeared Phllip S_ Wal~-er ~JJJ.%'.".'-'JJJ-' %~P~ personally known to me (or proven to me on the basis of satisfactory OFFIC~ALSEAL evidence) to be the person who executed the written instrument as Attorney- NANCY A, FAIRCHILD In-Fact on behalf of the Corporation therein named and acknowledged to me ti0TARY PUSLIC*C~L!FORNIA that the Corporation executed it. SANOIEGOCOLINTY Given under hand and the Notary Seal this ~th day of June ~1~ C0mmis~,~, be. ~u0s 26, ]957 86my 'W%%/'a~,',~Y%~,%'."d A.D. 19 My Commission expires June 26, 1987 .'i - ' ,~ ->, L~L..L~/~/ ' 2025' BOND NO. 13 90 47 BONITA LONG CANYON PARTNERSHIP: McMILLIN DEVELOPMENT~ INC. HOME CAPITAL CORPORATION CAT. NO. NN00636 TO 1954 CA (9--84) (Corporation asa Partner ora Partnership) ~ TICOR TITLEINSURANCE COUNTY OF _ SAN DIEGO / On .hmo 6. ]qg6 before me, the undersigned, a Notary Public in and for saidState, personally appeared Virgil E. Elliott ..................... ~ .... cncc to be the person who executed the within instrument as the Vice President, and S teven E. HcGi to be the person who executed the within instrument as th Vice President ~ of McMILLIN DEVELOPHENT. II~¢, _. behalf of BONITA LONG CANYON PARTNERSHIP the partnership that executed the with!n instrument, and acknowledged to me that such "~. a ~ ~ ..... D c°rp°ranon executed the same as such parmer and that WITNESS my hand and official seal. Signature CAT."O...0063 TO 1954 CA (9--84) (Corporation aJs a Partner of a Partnership) ~ TICOR TITLE INSURANCE s~v~ o~ c~oaN&. On o ~ t b~ore~e, the undersigned, a NotaW Public in and for said Smte, personally appeared ~$~ ~ ~ personally known to me or ~oved to me on the b~is of satisfacto~ evidence to be ~e pe~on who ~x~cuted the within ins~ument as the ~I~-~ ~ ~] C~( C Pi.d&.c, and ~')~[~ ~';-~ li~ Q ~( ~]~{ ~ ~ ~ pe~onMly known to me ~r proved .~o me on ~e basi~f satisfacto~ evidence to]~e pers~ho~ec~ted~he w~n ~n?~rument ~ the ~ ' Secreta~. e the corpo~ip~ th~ exec,uted the ~jyhin inst~ment on ~h~of ~-~LV~ ~. L~}~ V~ff~O ~,~x.~- the pa~e~hip t~t executed the ~thin instrument, and acknowledged to me that such cotporR~lOn ex~cuted the same as such pa~ner and ~at ~ such pannership executed the same. WITNESS my hand and officifl sefl. Signatur . 0~1~ . _ :' BOND NO. ]3 90 47 6' , 2027 · INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW AL!- 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 nominate, constitute and appoint: PHILIP S. WALTER its true and [awful Attorney(s)-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 day 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 P~'esident 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 al! bonds and undertakings as the business of the Company may require, and any such bonds or undertakings 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 6T~[ DAY O~ JLr~E 1985. INSURANCE COMPANY OF.t~HE WEST Presiden STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 6TH DAY OF JL~][ 1985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came E~T~$T RAD¥~ t, President of INSURANCE COMPANY OF THE WEST, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written· ~'-T':~ NORMA PORTER ,g Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation this 5th day of June 19 8~ SURVEY MONU,~NT INSTALLATION BOND k/~OW ALL ~tEN BY THESE PRESENTS, That I/WeBONiTA LONG CANYON pAp~NRR,~Hi as the subdivider and Principal, and the INSURANCE COMPANY OF THE WEST a Corporation of the State of_CALiFORNiA. , 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 THOUSAND AND NO/]0o ............. ($20,000.00---) lawful money of the United States of America, to be paid to the said City of Chula Vista. WHEREAS, the said Principal is presently eng.aged in subdividing certain lands to be known_ aSBonita Lgnu Canyon Es~an~division 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 mon~.ents prior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEP~EFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by_ (n ar.,e of , as per the final map of said subdivision, a CODy Of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said mad 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 givin~ or before the expiration of thirty ,~n, - ATE OF CALIFORNIA ~0~ 9. SS June ~, before me, the SAN DIEGO On this 5th day of _ . in the year 1987 )UNTY OF undersigned Notary Public, in and for the State of California, personally I~hilip S. Walter appeared personally known to me (or proven to me on the basis of satisfactory W~~~%",~ evidence) to be the person who executed the written inst, ument as Attorney- to me ,~il~mJLaL~ NANCY A. FAIRCHILD ~. in-Fact on behalf of the Corporation therein named and acknowledged that the Corporation executed it. ~ NOTARY PUBLIC- CAUFO,NIA ~ June ~ PWINCIPALOFFK~E iN ~ Given under my hand and the Notary Seal this 5t~hh day of -- ~ $~ m~co cou~w ,,,~¢.¢,¢¢,¢,¢,¢¢¢,,~.%%%5.,4.,%%.,...%,,9,~,.,%-¢L, My Commission expires BOND NO. 13 90 48 BONITA LONG CANYON PARTNERSHIP: McMILLIN DEVELOPMENT~ INC. HOME CAPITAL CORPORATION CAT. NO. NNO069~ TO 1954 CA (9--94) (Corporation as a Partner of a Pgrtners~ip) Z03 t ~ TICOR TITL~ INSURANC~ STATE OF CA~FOR~A COUNT~ OF ~ t~ ~ ~ O'n [/'~)~ )~'~ ~ )before, the undersigned, a Notary Public in and for saidSt~te, personally appeared ~O~ ~ . ~ personally known to me or ~ved to me on the basis of satisfactory evidence to be the person whg~ex~cuted '~the within instrument as the ~¥(hV;~O~ ~'~(kvlftC~W PresidEfi~, and ~]'~(i~'q~(i~¢'~ O (v~ ~~ person~ly known to me'~r proved LQ me on the basi~f satisfactory evidence Jtg,be the person who exqcut~4 the within instrument ~ the ~ Secretary of the corpor~wn that.executed the ~wi~in instrument on L?[k~W~X~ Nb ~ ~ ~ the partdership thar~xecuted ~ ~ _ ~ - ~ tile withih instrument~ and acknowledged to me that such ~ ~~REOIA Mm C~E ~ACA ~ corporation executed the same as such partner and that ~~ ~T~ Pt~IC ~F~ such pa~nershlp executed the same. ~ ~ ~ ~ ~ .... t WtZN~SS my h~nd ana offi¢ia~ ~¢a. ~ ~ ~~' ~ Signature ~; ~ ~ ,q t'_a -' / / (. j~t; (this area for offici~ not.iff ~> STATE OF CALIFORNIA ~~ I I~UH TITLE INSURANCE COUNTY OF ~ SAN D[ECO . On ~ hmP fi. ~qgfi before said State, personall~ appeared V ir il E __. me, the unde~igned, a Nota~ Public in and for President, and ~teven E. McGill to be the person who executed the within ins~ument ~ the v; ~ prog;~en~ ......... ~ -- McMTI'I'IN DEVELOPMENT. TN~, --__ ~K~of the corporation that executed the within instrum behgfof ~ONITA LONG CANYON PARTNERS~n the partnership that executed ~ ~ ~. ~ , the within instrument, and acknowledged to me that such . *>, ~ ~.~ 3v,, ,.~ ~ such pa~nership executed the same. ~ ,7,~7~ ~/q ..... ~,,' ~. ~c - WITNESS my hand and official seM. - - ....... :,~ C~, (This area for officifl no.iff , , " SURETY BOND FOR FAITIIFUL PERFOR~ANCE Bond No. Bd 32446 KNOW ALL PERSONS BY THESE PRESENTS: Home Capital Corporation, a California Corporation and McMil%in Dev~lopment,Inc That we = ~=~:~ ~ n~ Long Canyon , a corporation oz Pa~h~f~i~ · - ........ , as Principal, and AT.LIED lql3TI]AT. TNS~RANC~ COMPAny , of SAN DTEGO. CALTFORNTA , a corporation, incorporated under the laws of the State of TOWA , and duly authorized under the laws of the State of California to act as Surety, are held and firmly bound unto THE CITY OF CHULA VISTA. ~AT.TFORNTA in the sum of ~Px,¢nrv Ni~ whn,,~mn~ Flys Hundred mhd no/i00 .................................. lawfuI money of the United States of America, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally· firmly by these presents. The condition of the foregoing obligation is such that whereas the above bounden Principal has agreed to provide certain improvements for the property known aS.Bonita Long Canyon Unit 2~ Tract #86-~. , mn. accordance with Preliminary Otav Lakes Rn~ Improvements · dated 3une 5, 1~86 , and is required by tile said City of Chula Vista to give a bond to guarantee the performance and the completion of said improvements; NOW, TREREFORE, if the said Principal shall well and truly perform all the work specified in said agreement, then this obligation shall be null and void~ otherwise to remain in full force and effect. The Surety does hereby consent to any and all alterations, modifica-- tions and revisions to the Agreement secured by this Bond, including but not limited to any extensions of time for performance which may be agreed upon by and between T~ CTT¥ ~v CHIIT.A VT~TA and the Principal. SIGNED AND SEALED AT LA MESA on this 9th day of June , 19 86 Home Capital Corporation, a CA Corporation and McMillin Development, Inc., a partnershi APPRO~D ~S/~~ FOR~: ByName~z~- of. Com~any~.~.~ ~~,/~//~,.~.~_.//, ~ ]-~--~. ~ / , C~ Attorney ~ED ~TU~ INSU~CE ~' ',;. / Z Name o~o~ding Co~?~ ~" E~nda J. Tarr,~Ar¢ornev-ln-~acc PW-E-100 f , 033 (Co~oralion) STATE OF CALIFORNIA COUNTYOF San Diego ~ sS. On June 9, 1986 before me, the undersigned, a Nolary Public in and for said State, personally appeared Steven R. Penn personally known to me (or proved lo me °nthebasisolsatistactoryevidcnce) tobeth~rOjecl; Manage~roC~k~Sand John D. O'Bryan Treasurer Instrument on behalf DJ the corporation therein named, and Name (Typed or Printed) ~AT. NO. NN00536 ro 1954 CA (g--84) 2orporation asa Partner of a Partnership) ~ TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF SAN D I EGO ~ On June 9~ 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared John F. Mus iai personally known to me c~-~e',,ed--~e.-meon-thebagi: c.f-set4s.fac~ery.-ewi~nee to be the person who executed the within instrument as the Vice President, and Vir,qil E. Eltiott personally known to me orTroved-m-m~ u. d~-trasis'o'f'sarisfa-crow"evidence to be the person who executed the within instrument as the V i co P r~s i dont Seeret~y of McMILLIN DEVELOPMENT. lNG, the corporation that executed the within instrument on behalfof BONITA LONG CANYON PARTNERSHIP ~ .... ~'~--"-'~-- .... <i 4 .::,;~-.-~, OFFICIAL SEA!. the partnership that executed i ~c~ the within instrument, and acknowledged to me that such i , :~.*..:~-~.'}) ]0¥¢E A BENESr[! _n. : corporation executed the same as such partner and that '(' ~5~ ~OTg~ PUOL'¢-C,~' gAN DIEGO CO'?'W such partnership executed the same. ,! ~ M'! comm. e<pires V,'2 31, 1989 [' WITNESS my hand and official 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 nominate, constitute and appoint: PHILIP S. WALTER its true and lawful Attorney(s)-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 day 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 al! bonds and undertakings as the business of the Company may require, and any such bonds or undertakings 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 6~H DAY OF JtJ'/qE 198_~. Preside STATE OF CALIFORNIA SS= COUNTY OF SAN DIEGO On lhi~ 6~1'H ]}AY OF ..TUlqFt 198.~ before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RA~Y~ ~, President of INSURANCE COMPANy OF THE WEST, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written, NORMA PORTER 2OUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER )F ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, his 5th day of June 19 86. :WCAL 37 (REV, 5/82) Bond No. Bd 32446 BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula · ate of Cali. fornia, andHome Capital Corporation, a Califor · · Vmsta, S~ .lin Development, Inc , a partnership· "Pz~incinal''~ h~ ........ ~ ..... ~=~er aes~gnated as ~ , vt =~u~re~ into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated June 5 19 86 , and identified as project Bonita Long Canyon Unit-2, Tract #86-3. Preliminar~ 0ta~ Lakes Road~ is hereby referred to and made a part he~eof~ and improvemenns 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 ~ 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 Seventy Nine Thousand Five Hundred and no/100 ..................... d~llars ($ 79.500.00 ) , for ~aterials furnished or labor thereon of a~y kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled 'to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it ........ shall be and remain in full force and effect. The surety-hereby stipulates and agrees that no 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 3une 9, 19 86 Home Capital Corporation, a California Corporation and McMillin Development, ] ' "~ ,! ' ~ 0X~1820. LA MRgA. CA / ~ Linda J. Tarr~ ~ttorney-in-fact City A~rney ~W-E-34 2036 (Corporation) STATE OF CALIFORNIA · · COUNTYOF San D±ego j- ss. on June 9, 1986 before me, the undersigned· a Notary Public for State· personally appeared SEevei1 R, Peni1 , personally known 1o me (or proved to me °nthebasis°fsatisfactoryevidence)tobeih~rOjecg Manage~t~,,and John D. O'Bryan known to ~ne to be Treasurer ~ el the corporation that executed the within Instrument, known to me to be the persons who executed the wi)hin Instrument on behalf et the corporation therein named· and ackno~ledged to me that such corporation executed the within ~ instrument pursuant to its by-laws or a resolution of its board of directors WITNESS my hah and official seal. Name (Tkp'ed or Printed) OFC-2058 3AT. NO. NN00636 tO 19B4 CA (9--84) :orporation asa Partner of a Partnership) ~-O~ TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~, On June 9, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared John F. Hus i a l personally known to me or !urcrwd-to-mc--orr-tk.~4c~asis.~t'.s~is(.a~,~r~.em, i~lcn~c_to be thc person who executed the within instrument as the V { c~ President, and V personally known to me o~"P'~ve~'~o-me~-t'he-bs~i~-of-~tisf~t~ty-e.tMe~ee to be the person who executed the within instrument as the V } ce P res {den{- -8ee~ary of Mc. Mil I Ilq 13F~IFI fiplvIFNT {NC the corporation that executed the within instrument on behalfof BONITA lONG CANYON PARTNFR¢;NIp ,~,'-.-~-___~-.-"-~- the partnership that executed ' r ~ ' ' ~ ' ' ' the within instrument, and acknowledged to me that such corporatton executed the same as such partner and that <~¥~_, -u o such partnership executed the same. WITNESS my hand and official seal. , '' (This ~ea for official notarial seal) - ( 203 ' ~'s~TE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEI)GEMENT -- ) ss. ATTORNEY-IN-FACT FOR SURETY COUNTY OF SAN DIEGO ) On this 9th day of June in the year 1986 , before me, Caryl V. · Sparrow , a notary public, personally appeared Linda J. Tarr 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 H~ooTUAJ~ INSURANCE COMPANY, and acknowledme to me that []he, [>]~he, subscribed the name of me uapital Corporation, a CA Corp. an~ McMilIin Development, Inc., a partnership dba Bonita Longthereto as principal and []his, [~her, Canyon Partnership , own name as attorney in fact. Witness my hand and official seal on the day and year above written. ~.. OFFICIAL SEAL ~~ ZNOTARY PUBLIC ~ ~ SAN DIEGO COUN~ ~ ~ ; .' '. ~' ,.i . ~,r ?~ce Company. Power of Attorney · ~ ,-01 F~fth Avenue · 2k'~. Ato,rTes. ,owe 60304-0974 0 ~ 0 3 8 ~ Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws o~ the State of Iowa, with its principal office in the Ci~ of Des Moines, Iowa, hereinafter called "Company", does hereby make, constitute and appoint -- Ketth E. Clements, Lfnda J. Tart, San Diego, Califo~ia -- each in his individual capaci~, its true and lawful A~omey-ln-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and unde~akings and other obligato~ inst~ments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mo~gage bonds and mo~gages) in penalties not exceeding ~e sum of ONE MILLION ~D NO/100 .............................................................. .................................................................... ($ 1,000,000.00 ) 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 AEomey pursuant to the authori~ hereby given are hereby ratified and confirmed. This Power of A~orney is made and executed pursuant to and by authori~ of the following By-Laws duly a~pted by the Board of Directors of the Company. ARTICLE IX ~ EXECUTION OF CONTRACTS "Section 2. ~n~s. unde~akings, and other obligato~ instruments of similar nature, other than policies and endorsements, isled by the Corporation s~all be validly ex~uted and binding on the Corporabon when signed by t~e President. or a Vice President, or by A~orney(s)-in- Fact appointed by the President, or by a Vice President' "Section 3. The President, or a Vice PresiOent, s~all have the ~wer to aD.iht agents of the Corporation, or other persons. ~ AEorney(s). In-Fact to a~ on behalf of the Corporation in lhe execution of bon~s, unde~akings, eno other oDligato~ inst~ments of similar nature, other than policies and endorsements wil~ full power to bind t~e Co~oralron by their signature and ex~utJon of any such instrume~ The appoint- ment of such A~orney(s)-In-Fa~ shall be a~omplish~ by Powers of A~orney s~gn~ by the President or the Vice President. This Power of A~omey is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX ~ EXECUTION OF CONTRACTS 'Section 4. The Secreta~, or an Assistant S~reta~, is authorized to ce~i~ that any such Power of AEorney so signed shall be validly execute~ and binding on the Corporation; and to ce~i~ that any bond. unde~aking, or obligalo~ instrument of similar nature, oth~ than policies and endorsements, to w~ich this Power of A~omey is aEached is and shall continue to be a valid and binOing obligation of ~e ~rporation, according to its terms, w~en executed by A~orney(s)-In-Fact ap~inted by the President or a Vice President." "Section 5. It shall not be n~essa~ to the valid execution and binding effect on the Corporation of any bond. unde~a~ng, or obligato~ instrument ot similar nature, other t~an ~olicies and endorsements, signe~ on behalf of the Corporation by the President, or a Vi~ President. or AEomey(s)-In-Fact appointed by the President, or a Vice President. or any Power of A~orney executed on behalf of the Co~r~on appoint- mg A~orney(s)*ln-Fact to act for the Corporation, or of any ce~ificate to be ex~uted by the Secreta~, or an Assistant S~reta~, as heremabove in Section 2, 3, and 4 of this A~icle provided, that the corporate seal be affixed to any suc~ instrument but the pe~ authorized to sign such instrument may affix t~e corporate seal, and a facsimile co~orate seal affixed to any such instrument s~a[l be as e~ective an~ binding as the original seal." "Section 6. A facsimile signature of the President. or of a Vice President. affixed to any bond. unde~aking, or obligato~ instrument of similar nature, other than policies and endorsements, or to a Power of ARorney signed by such President. or a Vice Presider. as herein m Sections 2 and 3 provided, or a facsimile signature of the Secreta~, or of an Assistant Secreta~ to any ceAificate as herein in Section officers.4 provide, shaU ~e e~ective and binding u~n Ihe Co~oration with the same force and effect as the original signatures of amy of such "Section 7. A facsim les gnature of a former officer shall be of the same vatidit as that o~ an ex' ' ' or endorsement an,, bond or -n~'-' ..... ~ ...... Y stmg officer, when affix~ to any policy , ¢ ~ .0,,~.,.9, ~,,y ruwer or ~orney or cedi.cate, as herein in SecPon 1, 2, 3 and 4 provided." ~N WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its cor~rate seal to be hereunto affixed this 1st day of ~ 19 86 ~:~'::~';::~'~, ALNED MUTUAL IN~ COMPANY COUN~ OF POLk ss ~A~ ( ~ to mt%~n ~%%ein9 b~a~:~u- sworn ~ ................ ~.~ .- . .1~ 86 before me persona y came ,ohn E. Evans ~%~e~_,~_ a.~ wh,ch ?~cut~d the abo~ mstrumen, ,hat he ~.0ws ~h~a of said corpora o., that the seal affixed o' said ins rument signed his name thereto pursuant to like authori~, and acknowledg~ the same to be the act and deed o~i~rporation. ~ ~ - -~ ~ -, . ~ S.A. Denning ~' ' ~ ' '~- ' _ ~- 1 3 - ~ Nota~ Public in and for the State of Io~ CERTIFICATE I, the undersigned. Secreta~ of ALLIED Mutual Insurance Company, a corporabon organized under the laws of the State of Iowa, do hereby ce~i~ that the foregoing Power of A~orney is still in force, and fu~her ce~i~ that Section 2, 3, 4, 5, 6 and 7 of A~icJe IX o~ the By-Laws of the Company set fo~h in said Power of A~orney are still in force. of IN TESTIMONY WHEREOF. I have subscnbed my name and affixed the seal of the company this 9~h day , 19 ~6 ~ This Power of A.orney expires~',SE~ ~ ~ Secreta~ ~ 1, ~989 ~A~