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HomeMy WebLinkAboutReso 1985-12253 RESOLUTION NO. 12253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 82-3, STAR ORANGE UNIT 1, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION 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 82-3, STAR ORANGE UNIT 1, and more particularly described as follows: Being a subdivision of a portion of Lot 4 of Section 18, Township 18 South, Range 1 West, San Bernardino Base and Meridian and a portion of Lot 1 of Section 13, Township 18 South, Range 2 West, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of California according to U. S. Government Survey is made in the manner and form prescribed by law and conforms to the surrounding survey; 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 City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, street tree planting and public utilities, 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 of the city of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. -1- 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, California. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement between the City of Chula Vista and the developer of Chula Vista Tract 82-3, Housing Opportunities, Inc., dated the 19th day of November , 1985, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by p~i~o.~ity Engineet, ~,~c~r:f ~omas J~H~rron, City Attorney~/ 0976a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of. November 19 85 , by the following vote, to--wit: AYES: Councilmen: McCandliss, Malcolm, Moore, Scott NAYES: Councilmen: None ABSTAIN: Co[~cJlmen None ~,BSENT: Councilmen Mayor Cox . ....... ~ MAYOR PRO TEMPORE ~:~ -- City Clerk ~ ;TATE OF CALIFORNIA ) :OUNTY OF SAN DIEGO ) ss. ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, O HEREBY CERTIFY that the ob(we ond forego/ng is o full, true and correct copy of RESOLUTION NO. 12253 ,end that the some has not been amended or repealed. ~.TED (seal) City Clerk 1519 ,B-5- 50995 RESOLUTION NO. 12253 I~85 NOV 27 PM 2= 50 I VERA L. LYLE RESOLUTION OF THE CITY COgNCI~ OF THE CITY OLg__~tJNT¥~ECORD~R_..] CHULA VISTA APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 82-3, STAR ORANGE UNIT 1, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION NO FEE 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 82-3, STAR ORANGE UNIT 1, and more particularly described as follows: Being a subdivision of a portion of Lot 4 of Section 18, Township 18 South, Range 1 West, San Bernardino Base and Meridian and a portion of Lot 1 of Section 13, Township 18 South, Range 2 West, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of California according to U. S. Government Survey is made in the manner and form prescribed by law and conforms to the surrounding survey; 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 City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, street tree planting and public utilities, 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 of the city of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. -1- 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, California. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement between the City of Chula Vista and the developer of Chula Vista Tract 82-3, Housing Opportunities, Inc., dated the 19th day of November , 1985, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of ChDla Vista be, and he is hereby directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approve~d as to form by /s/ John P. Lippitt John P. Lippitt, Director of /~omas J./~H~rron, City Public Works/City Engineer Attorneyl/ 0976a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ;HULA VISTA, CALIFORNIA, this 19th doy of November <3 85 , by the following vote, to-wit: ~.YES; C(:xJncilmen: McCandliss, Malcolm, Moorer Scott ~/AYE$: Councilmen: None ~,BSTAIN; Co~ilme~: None qB,SENT: Councilmen: Mayor Cox /s/ Gayle L. McCandliss MAYOR PRO TEMPORE /s/ Jennie M. Fulasz ~TTEST City Clerk TATE OF CALIFORNIA ) aUNTY OF SAN DIEGO ) ss. ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, 0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12253 ,and that the same has not been amended or repealed. November 20, 1985 ~TEO (seal) ~/ City Clerk ;-660 SUBDXVXSION XMP~ AGftEEMI~NT ~' THIS AGRE~ENT, made and entered into this 19th day of November , 19 8~5., by and between THE CIT~ OF CHUIA VISTA, a municipal corporation, hereinafter called "City", and HOUSING OPPORTUNITIES, INC.,P. O. BOX 82664, San Diego, Ca. 92138 hereinafter called "Subdivider"; W ITNESS~! 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 STAR ORANGE UNIT 1 pursuant to the provision of the Subdivision Map Act of the State of California, a~d 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 agre~ent 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, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No.10698 , approved on the .gth day of December , 1981 , and R-12253 Form No. CA-410 Revised 12/82 WHEREAS, complete plans and specifications for the con.struc.ti.on, i.nstallation and completion of said public ' ment wor~ nave peen prepared, submitted to a~ ...... improve- City Engineer as shown on Drawings No. 85-404 through 85-~21 ~nclusive 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 THREE HUNDRED THIRTY ONE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($331,900.00) . FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 1. Subdivider agrees to c~mply 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 HUNDRED SIXTY FIVE THOUSAND NINE HUNDRED FIFTY DOLLARS ($165,950) 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 ONE HUNDRED SIXTY FIVE THOUSAND NINE HUNDRED FIFTY DOLLARS ($165,950) 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 TWO THOUSAND SIX HUNDRED DOLLARS ($2,600) (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 costa 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- 11o 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 : HOUSING OPPORTUNITIES, INC. Vista /~ ~ ~/ ~ city 'Clerk~ ~ Approved as to form by it~ ~ttorney / ~/ (Attach Notary Acknowledgment) STATE OF CALIFORN }ss. couN oF , On efore me, the undersigng~, a Notary Public in and for said State, personally appeared ~' . . .- ~ . personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_ the corporation therein name .~and acknowledged ,o me that by-laws or a resolution of its board of directors. Signature ' (Thisarea oroffca no ara see) -5- 1527 LIST OF EXHIBITS ~ ~ ~.xhibit "A" Improvement Security- Faithful Performance: Form: Bond Amount: ' $165,950 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $165,950 Exhibit "C" Improvement Security- Monuments: Form: Bond Amount.' $2,600 Securities approved as to form and amount by City Attorney i f ~ Improvement Completion Date: Three years from date of Council approval of the Subdivision I m provement Agreement 152 AGREEMENT TO INDEMNIFY This Agreement is entered into by Housing Opportunities, Inc. a California Non-Profit Public Benefit Corporation, hereinafter referred to as HOI. RECITALs A. HOI is the owner in fee simple of that certain property which is identified as Chula Vista Tract No. 82-3. B. In connection with the approval by the City of Chula Vista of the public improvement plans, and in specific the grading for and installation of the eleven foot (11') ribbed storm drain, as shown and described in City of Chula Vista Drawing Nos. 85-460 and 85-461, the City of Chula Vista has conditioned its approval upon submission by HOI of an agreement to indemnify and hold the City harmless from all losses caused by the flooding, if any, on the upstream property immediately adjacent to the eastern boundary of SubdiviSion Tract No. 82-3, known as a portion of the N/W Quarter Fractional Section 18, Township 18 South, Range 1 West SDM. NOW, THEREFORE, in consideration of the City of Chula Vista's approval of the aforedescribed PuDlic Improvement Plans, HOI does agree as follows: 1. HOI shall at all times indemnify and save the City of Chula Vista harmless against all liability for claims, including any costs and expenses for attorneys' fees, resulting to the City of Chula Vista from the flooding of the upstream property immediately adjacent to the easterly boundary of Subdivision Tract No. 82-3 described above, insofar a& such flooding and resulting damages arise or result from the construction and installation of said eleven foot (11') spiral ribbed storm drain and associated grading work. Executed this /~ day of 1985, at San Diego, Cali{'ornia. HOUSING OPPORTUNITIES, INC. BY'Pau~ ~e~t U956a .. 1 31 Bond No. 13:199 Prem. $830.00 BOND FOR FAITHFUL PERFOR~iANCE ~ WHEREAS, The Cit~ Council of the Cit~ of ChuZa Vista, State of ealifo~nia, and HOUSING OP~OR~UNI~i~S~' ~ (he~e~affte~ designated as "p~incipal") have entered into an a~reement whereby p~incipal agrees to install and :ompZete certain designated public improvements, which sa~d agreement, dated Nove~e~ ~9 ~9_85 , and identifie~ as project _. ~e~e~to and made ~ he~eoff; ~' zs hereby ~E~AS~ 8~id principal is ~equi~ed unde~ the te~ms o~ sa~d agreement to fuznish a bond ~o~ the faithful Pe~ffo~manee of sai~ agreement. NO~ THE~E~ORE~ we, the P~incipaZ and heZd and firml~ bound unto the City off ChuZa Vista, hereinafter ~aZZed "~it~,,, in the penaZ s~ off ONE HUNDRED SIXTY-BiV~ T~O[j~ND ~ZNE HUNDRED ~I~TY ~ ~0/100 doZ~a~s (~ Z65.950.00 ) ZawffuZ mone~ off the United States, fo~ the payment off which s~ weZZ and t~uZ~ to be made, we bind ou~seZves, ou~ successors, exeautozs and a~ministrato~s, jointly and severaZZF, fi~mZ~ b~ these p~esents. · he condition of this obligation is such that if the above bounded principal,.his o~ its heirs, executors, adminis- trators, suceessozs o~ assigns, shaZZ in all things stand to and abide by, and weZZ and tzuZy keep and pe~ffozm the eovenants, conditions and p~ovisions in the said agreement and any aZte~a- tion thereof made as therein provided, on his o~ thei~ pa~t, to be kept and pe~ffo~med at the time and in the manne~ therein Specified, and in all respects according to their t~ue intent and meaning, and shaZZ indemnify and save ha~mZess the City of ChuZa Vista, its offffZ~e~s, agents and empZO~ees, as therein stZpuZated, then ~h~s obligation shaZZ become nuZZ and void~ otherwise it shaZZ be and ~emain in full force and e~eet. As a pa~t off the obligatioh secured hereby and in addition to the ffaee amount specified therefor, the~e shaZZ be incZuded costs and ~easonabZe expenses and ~ees, incZuding ~easonabZe attorney's flees, incurred by the C~t~ in suceessffuZZy enfforcing such obZigation, al1 ~o be taxed as costs and in- oZuded in any jbdgment ~endered. · he surety hereby Stipulates an~ agrees thac no change, - extension of time, alteration or addition to the te~ms 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 {erms 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: N/A In witness whereof, this instrument has been duly executed by the principal and Surety above named, on _.SEPTEMBER 30 __, 19 85 -- · ~USING OPPORTUNITIES, INC INSU~NCE COMPANY OF THE WEST · .B~: . aul Stieg ' ~[ · Christine A. Paterson, Attorney-In- Contractor - Surety Fact APPROVED AS TO FOR/M: '~ rney-- PW-E-34 Iv 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: CHRISTINE A. PATERSON [ts true and lawfu~ Attorney(s)-in. Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver amy 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 foltowing 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 iSTH DAY OF FEBRUARy 1985.  iNSURANCE COMPANY OF THE WEST Presidem ~TE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this[STH DAY OF FEBRURARy ~tBo~e the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANy OF THE WEST, [o 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 ~foresaid. and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said :orporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and firection 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 irst above written. b~ 30th dayof SEPTEMBER 19 85. 1535 Bond BOND FOR ~LATERIAL AND LABOR ? ~EREAS, the City Council of the City of Chula Vista, State of California, an~Ho~$1N~ OPPORTUNITIES, INC. ~ ~nere~na£ter designated as "Principal',) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated November 19, 19 ~ , and identified as project_ made a part hereof; and _, is hereby referred to and WHEREAS, Under the terms of said agreement, principal is required.before entering upon the performance of the work, .to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate Surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED SIXTY FIVE THOU- &NO/10~lar~ ($~65,950.00 ~~bor thereon of a~y kind, or for' for due under the Unemployment insurance Act with respect to amounts 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 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 %~ith Section 30S2) 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, other%~ise it shall be and rCmain in full force an¢! 1536 The Surety hereby stipulates and agrees'that no :!:;~n~e, extension of time, alteration or addition to the ucrm~ of said agreement or the specifications accompanying ;kc sam9 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 --SEPTEMBER 30 1985 %.1\,1 ~ HOUSING OPPORTUNITIES, INC. INSURANCE COMPANY OF THE WEST , , ~. ', ,r~u, 3~:e~ger, ~sldent ~ '~ Contractor Ch_~ristine A. Paterson  . Attorney-In- Surety Fact APPROVED AS TO FORM: 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 principaJ office in the City of San Diego, California, does hereby nominate, constitute and appoint: CHRISTINE A. PATERSON 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 15TH DAY Ol~ ~R~ 1985.  iNSURANCE COMPANY OF THE WEST President ATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: ~ On this15TH DAY OF FEBRO~y ~e the su San Diego dui comm' . bscriber, a Notary Public of the State f · . Y ~ss~oned and qua ~fled, came WILLIAM . . o Cahforma, m and for the C A WHITE, Pres,dent of INSURANCE COMPANy OF 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 su~ officer were duly affixed and subscribed to the said instrument by the authority and ~irection 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 'irst above written. , I, the u~dersigned, Richard S. King, Secretary of the Insurance C~mpany of the West, do hereby certify that the original POWER )F ATTORNEY, of which the fore~ing 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, ~ 30thdayof SEPTEMBER 19 8~ ~' 539 Bond NO. 13 51 92 · Prem. $55.00 M.p. SURVEY MONU,~tENT INSTALLATION BOND .~ k~O;g ALL ~N BY THESE PRESENTS, That I/We HOUSING OPPORTUNITIES/ IN( as the subdivider and Principal, ~d the INSU~NCE CO~PAN~ OF THE ~[EST a Corporation of the State of CALIFQ~IA' , as Surer . ar firmly bound unto the City of Chula Vista, a mu~V~ ~ Y. .e held ~n~ County of San Diego, State of Ca .... ~m~az corporatlon in and all persons zl~ornla, and to and for the h~ ~[~ ~th~ ~ho may su~fer damage by re~son of the breach of th ditions hereof, ...... e~ o~ a~ mn the penal s~ of TWO T .......... e con- ($2 600.00 ) lawful money of the~nited ~tates of ~erica, to be paid m~u~aND SIX HU~DRED AND NO/100 the said Cit~of Chula Vista. ~'[HE~AS, the said Principal is presently engaged in subdividing certain lands to be know~ as T~CT 82-3 subdivision in the City of Chula-Vista, in acc0~anc~ith the Contract for Completion of Improvements authorized by Resolution~ 12253 , and WHE~AS, th~ said Principal desires not to set durable monmments )flor to the recordation of the final map of the subdivision and desires zo get same at a later date, NOW, TH~.~FO~, the condition of the above obligation is that if th, rincipal shall have set durable'mon~ents of the survey by Xinos ~ lterDrises, Inc. , as per ~he final map of said subdivision, a copy of ~ ~ineer) (nerve of ~ich is on file with the City Engineer of the City of Chula Vista, refe~- c~°~whic~d~D is~e~by made and Same is incorporated he___~ as ~' ' f cco~d~n~ to the ordinances of the Ci~ before the expiration of th~+t 7~e tZme of giving of this bm-= ~lgatlon shall be voi~] ~,~_ .=~u~ wlnnln said subdivision, t ~n t ~ e~ . , =~n mn Iull force and effect. IN WITNESS WHE~OF, the said Principal and Surety have hereunto set ~ir hands-, this ~th day of ~ePROVED AS TO FO~.l: BY: 7 ~~// r . Attorney-in-Fact Christine A. Paterson, INS1 CE COMPANY OF E WEST HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ~L~ MEN BY THESE PRESENTS= That the Insurance Company of the West, a CorporaUon duly authorized and exffsting under the laws of the State of CaUfornia and having its principal office [n the City of San Diego, California, does hereby nominate, constitute and appoint: CHRISTI~ A. PATERSON 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, r~ognJzances or other written obligations in the nature thereof. This Power of Attorney is granted and i5 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 efther 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 sea,ed 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 ~besignedbyitsdulyauthorizedofficersthi5 i5TH DAY OF FEBRU~Y 1985. ~ ~ INSURANCE COMPANY OF THE WEST President ATE OF CALIFORNIA COUNTy OF SAN DIEGO SS: On this15TH DAY OF FEBRU~y ~e the subscriber, a Notary Public of the State of California. in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, 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 su~ 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. Nota~ :~NTY OF SAN DIEGO : I, the undersigned, Richard S. King, Secretary of the Insurance ~omgany of the West, do hereby certify that the original POWER ~F ATTORNEY, of which the foregoing is a full, true and correct co~y, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as ~ 30~h day of SEPTEHBER 19 85 Secretary. and affixed the Corporate Seal of the Corporation, CW CAL 37 (~EV. 5/82) ?', 154Z Bond No. 135191 ISLOPE LANDSCAPE AND [RRIGATIOtOND Prem. $346.00 ~,~,.q/~ ' ' XNOW ALL PERSONS BY THESE PRESENTS: / ~.~ T~ That we HOUSING OPPORTUNITIES, INC. a corporation of CALIFO~IA , as Principal, and INSU~NCE COMPANY OF THE WEST , of CALIFO~IA c0rpora:ion, incorporaCed under the laws %f the State of CALIFORNIA , a and duly authorized under the State of California to act as Surety, are held and fi~ly bound unto the City of Chu]a Vista in the sum of SIXTY NINE THOUSAND TWO ~NDR ]9%~] ~ey~ the United States of ~erica, for the pa~ent whereof, well and NO/1 t~d~u~e, said Principal and Surety bind themselves, their heirs, adminis- trators, successors and assigns, jointly and severally, fi~]y by these presents. The condition of the foregoing obligation is such that whereas the above bounden Principal has agreed to provide landscape and irrigation improvements for the property kn6wn as ~ T~CT 82-3 with , in accordance ~ , dated , and is required by the said City of Chu]'a Vista, ~d to guaransee the performance and the completion of said improvements; NOW, THEREFORE, if the- said Principal shall well and truly perform all the work specified in said agreement, then his obligation shall be null and void, otherwise to remain in full force and effect. In addition · . · upon the Surer's full ~ ml; ....... ;~u .... , t~ls bond shall be condlt]oned ]and developme~ ~;~-?~[~'~']~ ~,~c~.' d~ ?~ms and conditions of the re uire conditioned upon full compliance with all provisions of the ordinances and standards - ~ w ....... -~,uu~ng chat condition specifying a time limit;qand ~urther of the City of Chu]a VSsta including but not limited to Chapte~ ]5.04 of the Chu]a Vista Municipal Code and the City of Chu]a Vista Landscape Manual. The surety does hereby consent to any and all alterations, modifications 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 the City of Chu]a Vista and the Principal. SIGNED AN0 SEALED AT SAN DIEGO, CALIFORNIA this 3Qth day of _SEPTEMBER , ]985 APPROVED AS T0 FORM; F ' ~~ ~o. INSU~NCE COMPANY OF THE WEST Name of Bonding Company Address Christine A. Paterson, P. O. BOX 81063, S.D., CA. 9213 C~ [y StaCe Z~p ?L-os ~/78 · ¢ ' 1544 .- COMPANY OF E WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY I~NOW ,ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duty 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: CI'I:R:I$'~I'NE A, PA'_PERS0~N 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 ]-5'~H ])~.¥ OF F]~]~I{UA.P,¥ i985 '"SURANCE COMPAN OF THE WEST President *TE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this[-~TI't DAY 0i~ FEBRLTRAR¥ ~)~5e the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, 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 'irst above written. ,,.,. ~ ,,O,,¢,,A PORTER ICW CAL 37 (REV. 5/82) Bond No. 135190 Prem. $2,519.00 ~,kADIDG ~D/OR DRAINAGE BOXD KNO~ ALL PERSONS BY THESE PRESENTS: That we HOUSING 0PPORTUNITES INC. CALIFORNIA ' · a corporation of . , as Principal, and _INSURANCE COMPANY OF THE ~f CALIFORNIA -- corporation, incorp°rated ~nder ~he laws--~f the State of CALIFORNIA ' and duly authorized.under t~e_ State of California. to a~t as Surety, are held-an .' ?~l~l~ la the sum of iVy. ~ ....... ~ firmly bound unto the City x~zuz'moMe~6f the United St~~HREE THOUSAND SEVEN HUNDRFID N( well and truly, ~ ~^ --~ .... ~;~er-ca, for the payment whereof, 1( ~ ~ ~: ~,~u~ salo Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition o[ the foregoing obligation is such that whereas the above bounden Principal has agreed to provide certain zmprovements for the Drcpertv Known as Tract 82-3 accordance with- , in , dated , and~-s re~uire~ b~ said City of Chula ~ista, to give a kon~ to guarantee the perfornlance and the Comeletion of said improvements; NO;~, THE~FORE, if the said Principal sh~ll well and truly perform all the work specified in said agreement, then his obligation shall be null and void, otherwise to remain in full force and effect. In addition, this bond shall be conditioned Umon the Surety's full Compliance with all terms and conditions of %he required land development permit including that condition specifying a time limit; and further conditioned Upon full compliance with all provisions of the ordinances and standards of the City ~f Chula Vista including but not limited to Section 15.04.170 through Section 15.04.211 and/or Section 13.56.150 through Section 13.56.210. ?h~ Sur~t~ does hereby Consent to any and all alte a~'o d the Principal. SIGNED AND SEALED AT this _30fh _ day o~' SAN DI~GO, CA__LIFQRNIA - _~_~T~R ~ , 19.85 APPROVED ~A~ TO FOPJI: ' ' ~ ~" / ,; HOUSING OPPORTUNITTES' I[~C. [ ~ .INSU~NCE CO'ANY OF THE WEST Bond~~o~ [~am,e of Eoncing CcmDa~ P~'[-E-97 Address Christine A. Paterson Rev. 12/76 ~-/~ P. O. Box 81063, S.D., CA. 92138 '~ ~ State SzD , INS E COMPANY OF T WEST HOME OFFICE: SAN DIEGO, CALIFORNIA 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: CHRISTINE A. PATERSON 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 ts 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 ail 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." lin 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 ]-STE DAY OF FEBRU.~P,¥ 1985.  INSURANCE COMPANy OF THE WEST President ~ .ATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On thisIsTH DAY OF FEBRUR~.Ry ~tSo~e the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, 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. r~0;A~V PU~UC.CALIFORNiA Notary Public 30t~ day of SR~E[V[B~ 19 85. tlCW CAL 37 (REV. 5/82)