HomeMy WebLinkAboutReso 1985-12303 ·
"q022'7~-[~ RESOLUTION NO. 12303 J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL
FOR CHULt
VISTA TRACT 84-9, EASTLAKE I UNIT 2, APPROVIN
SUBDIVISION IMPROVEMENT AGREEMENT FOR
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 2, and more
particularly described as follows:
Being a subdivision of a portion of Section 34, Township
17 South, Range 1 West, San Bernardino Base Meridian, in
the City of Chula Vista, County of San Diego, State of
California, according to the United States Government
Survey approved October 25, 1883
No. of Lots: 1 No. of Units: 232 Area: 11.483 acres
is made in the manner and form prescribed by law and conform to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
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.
BE IT FURTHER RESOLVED that Subdivider shall provide
evidence to the City Engineer that the school districts serving
this project will not be adversely impacted prior to transmittal
of the Final Map to be recorded.
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 Subdivider shall provide the
bonds specified by the Subdivision Improvement Agreement prior to
execution of the Agreement and transmittal of the Final Map for
recordation.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 17th day of December, 1985,
for the completion of improvements in said subdivision, a copy of
which is attached hereto and by reference made a part hereof, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that that certain Supplemental
Subdivision Agreement dated the 17th day of December, 1985,
providing for approval of the Final Map for EastLake I Unit 2
prior to approval of improvement plans, 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
Lip~Sit~f,'Director of Charles R. Gill, Assistant
orks/City Engineer CitY Attorney
1078a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of_ December
I9 8___55-, by the following vote, to-wit: -'------~ -
AYES: Councilmembers Malcoln~, MOOre· Scott, McCandliss Cox
NAYES: Counc~ ]members None
ABSTAIN: Counci ]members None
ABSENT: Counci ]members None
ATTES 'T~
STATE OF CALIFORNIA
2OUNTY OF SAN DIEGO ) ss.
~,ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
HEREBy CERTIFY that the above and foregoing is o full, true and correct copy of
R£SOLUT~ON NO. 12303
~ _,and that the same has not been omendedor repealed.
)ATED.
(seal) -~
City Clerk
:-660 / 2 .",~ 2
194
THIS AGREEMENT, made and entered into thi~/__~_~day of
_ December , 19 85 , by and between THE CITY OF CHULA
VISTA, a municipal corporat£on, hereinafter called "City", and
EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San
Diego, California 92101
hereinafter called "Subdivider..;
W ITNES SETH :
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
EASTLAKE I UNIT 2
pursuant to the provision of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agreement
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title
18 of the Chula Vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider.s own expense, all of the
public improvements and/or land development work required in said
subdivision within a definite period of time prescribed by said
Council, and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at S~bdi¥ider.s own expense, all the public imr
ment required by ~t~ tn connection with the nro~oo~ --~=: ? ~ve-
and will deliver To city imnrovem~-~ ..... ~ ~ o=u ~uuu~vlslon
City Attorney, and ~ ,..=.u ~curl~les as approved by the
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 11935 approved on the
19th day of February , 1985 , and '
Form CA--410
Revised 12/82
195
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.85-541 through 85-547
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
HUNDRED EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($118,000).
FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
1. Subdivider agrees to c~ply 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 be~n or will be installed within t '
after the completion and .............. hlrty (30) days
~=~u~,.~ 0£ one re uire '
and that Subdivider h=o · ............ q d Improvements,
. .- ~o ~l~u or ~111 ~nstall temporary street
name s~gns ir 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-
0 196
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 EIGHTY
EIGHT THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($88,575)
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 EIGHTY
EIGHT THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($88,575)
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
FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500)
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.
197
11. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the improvement plans and
installation of public improvements hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and
that Subdivider shall have deposited with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all improvements are fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the Streets, alley, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omissions of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to
this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by reason
of the acts or omissions of Subdivider, its agents or employees,
or indemnitee, related to this agreement. Subdivider further
agrees to protect and hold harmless City, its officers and
employees, from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts
~r_omi~ions of Subdivider, its agents or employees, or
ln~emnltee, 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
~esulting 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 ~rainage systems and sha
assumption by City of any ~ ........ 11 not constitute the
taking, nor shall City, by said approval, be an insurer or Surety
~ ~ ~ponslDl~ty for such damage or
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: EASTLAKE DEVELOPMENT
~/ - City Cle~ ~
Approved as to form by
~y Attorney
(Attach Notary Acknowledgment)
-5-
199
STATE OF CALIFORNIA )
}S.S.
COUNTY OF SAN DIEGO }
ON THIS 17thDAY OF December , 1985 BEFORE
ME, THE UNDERSIGNEJ~F~UBL]C I~ AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO ~SIS
~ORY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Company A PARTNERSHIP. THE
PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED
THE SAME, PURSUANT TO ITS BY-LAWS. ',
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
NOTARY PUI~LIC'/IN AND FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES
2OO
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $88,575
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $88,575
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $5,500
Securities approved as to form and amount by
-- - City At~orfiey '
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
0 ....
SUPPLEMENT TO CHULA VYSTA SUBDIVISYON IMPROVEMENT AGREEMEN'i'
This Supplement is made and entered into this 17th day
of December
a ~unicipal ~ 1985 by and between the City of Chula Vista,
corporation, hereinafter called the "City" and
EastLake Development Company, a California limited partnership,
hereinafter called the "Subdivider;"
WI TNE S S E T H :
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation,
a final subdivision map of a proposed subdivision, to be known as
EastLake I, Unit No. 2, 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, certain provisions and agreements with respect
to the aforesaid subdivision map are agreed to by the parties in
addition to or replacement of the terms and conditions set forth
in the City's standard Subdivision Improvement Agreement Form No.
CA-410, revised 12/82, which this Supplement is affixed to, and
WHEREAS, the parties hereto agree to the filing,
approval and recordation of the subject subdivision map upon its
compliance with the terms of Form No. CA-410 as may be revised by
this document.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. For purposes of this Supplement and the City's
Standard Form Subdivision Improvement Agreement, "Subdivider"
shall be EastLake Development Company, a California general
partnership comprised of corporations or upon approval of the
City, (not to be unreasonably withheld, in accordance with
Section 5.2.2 of the Development Agreement between the City of
Chula Vista and EastLake Development Company), the Assignee of
Subdivider's interest in the aforementioned subdivision.
2. City, Subdivider and Subdivider's authorized
Assignee contemplate that the subdivision maps, for the
aforementioned subdivision shall be approved for filing and
recordation prior to City final approval of the completion of
subdivision improvement plans for all public improvements
required as a condition of this division of real property. The
parties agree that neither Subdivider nor Subdivider's authorized
Assignee shall be authorized to proceed and construct the public
improvements as a condition to this map prior to City Engineer's
approval of such subdivision improvement plans in accordance with
the procedures and standards of the City of Chula Vista.
-1-
3. It is further agreed by the parties hereto that the
principle amounts of the labor and materials, and faithful
performance bonds affixed hereto as Exhibits A, B and C, are
based upon the Current estimates of the parties of the cost of
completion of the public improvements contemplated by this
subdivision. Subdivider or Subdivider's authorized Assignee
shall be authorized, following approval of all improvement
drawings for the subject property to seek a reduction in the
improvement security based upon revised estimates. City, upon
request of Subdivider or Subdivider's Assignee shall not
unreasonably withhold agreement to such a reduction in
improvement security as may reasonably reflect the revised cost
estimates of the works of improvement following approval of all
improvement drawings.
4. Notwithstanding any provisions to the contrary in
the City's Form No. CA-410 Subdivision Improvement Agreement, the
City shall not, by authorization for the approval of the filing
or recordation of the above-mentioned subdivision map, be
estopped from denying or conditioning the approval of subdivision
improvement drawings in accordance with adopted procedures or
standards of the City of Chula Vista.
5. Certain public improvements are contemplated to be
built or financed in whole or in part by Subdivider or
Subdivider's Assignee in conjunction with the development of the
property contained within the aforementioned map pursuant to the
Development Agreement and Public Facilities Financing Plan
approved by the City of Chula Vista on February 26, 1985. The
parties agree that a prorata contribution towards the facilities
contemplated in such agreements shall be paid by Subdivider
pursuant to an agreement entitled "Interim Facilities Financing
Agreement" with respect to payment of EastLake Hills and Shores
impact fees which is attached hereto and incorporated by
reference as if fully set forth herein. The Bonds attached as
Exhibits A, B and C shall not secure the performance of the
parties to the Interim Facilities Financing Agreement.
6. Notwithstanding any provision to the contrary in the
City's Standard Subdivision Improvement Agreement Form CA-410,
Subdivider shall be authorized to finance certain of the above
public improvements (sewer, water, streets, etc.) through special
assessment proceedings under the provisions of the "Municipal
Improvement Act of 1913" (Division 12 of the Street and Highways
Code of the State of California), with bonds to issue pursuant to
the provisions of the "Improvement Bond Act of 1915" (Division 10
of said Code). This authorization is pursuant to the provisions
of Section 66462(A)(2) of the Government Code of the State of
California.
203
7. The City reserves the right, upon adequate notice to
Subdivider, to suspend the issuance of building permits for
residential dwelling units (or in the alternative sewer hook-ups)
for units which are served by a gravity sewer line in Bonita Long
Canyon where the City determines that the then present facilities
are inadequate to provide service to additional dwelling units
from this subdivision. Such suspension of the issuance of
building permits of sewer hook-ups shall be lifted upon EastLake
Development Company's provision of security for the completion of
the works of improvements contemplated by various agreements
between EastLake Development Company and McMillin Bonita Long
Canyon Development with respect to oversizing the sewer lines in
the sewer basin.
8. To the extent that this Addendum to the City's
standard Subdivision Improvement Agreement Form No. CA-410 is
consistent with said standard form, it shall take precedent over
any provision therein to the contrary.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first hereinabove
set forth.
THE CITY OF CHULA VISTA SUBDIVIDER
Chula
ATTEST:/ ' ~ ·
city cl rkJ
Approved as to form by:
As'g~tan~ City Attorney
(Attach Notary
Acknowledgement )
1088a
STATE OF CALIFORNIA
)S.S.
COUNTY OF SAN DIEGO )
ON THIS 17thDAY OF December , 1985 , BEFORE
ME, THE U-0"~-~RSIGNE~)~ A NOTARY PUBLT'~'N AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO ]~SIS
~ORY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Company A PARTNERSHIP. THE
PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED
THE SAME, PURSUANT TO ITS BY-LAWS.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
~,~ OF?[CIAI.. $.~½,4_i 11 COUNTY AND STATE
o r, NOTARY PUBLIC CALIFORNIA
x:~ u ' E~0 COUNTY Jl MY COMMISSION EXPIRES
Oi' 205
I~NTERIM FACILITIES FINANCING AGREEMENT
This Interim Facilities Financing Agreement ("Agreement")
is entered into on the 19th day of December , 1985 between
EastLake Development Company, a California general partnership
("Developer., and the City of Chula Vista, a municipal corporation
("City"), with reference to the recitals set forth below:
R~ecitals
WHEREAS, the City and Developer have previously agreed to
an EastLake 1 Public Facilities Financing Plan dated February 7,
1985 (*F' '
lnanczng Plan") and entered into a Development Agreement
dated February 26, 1985 (*Development Agreement") with respect to
the provision of public infrastructure required for the develop-
ment of the EastLake 1 SPA; and
WHEREAS, the Financing Plan, SPA and Development Agree-
ment contemplate the dedication of certain lands and various
mechanisms for financing various public improvements pursuant to
Articles VII, VIII and IX of the Financing Plan; and
WHEREAS, the parties to this Agreement are presently
formulating various financing programs to implement the methods of
financing for capital improvement projects for the construction of
public infrastructure contemplated by the Financing Plan; and
WHEREAS, notwithstanding the ongoing work on said Financing
Plan and the various mechanisms authorized for financing certain
capital facilities thereunder, Developer (on behalf of itself or its
merchant builders) wishes to seek City approval of various final
subdivision maps for the areas commonly known as the EastLake Hills
and EastLake Shores, lying to the west of the proposed Route 125 on
both sides of East "H" Street within the EastLake 1 SPA area; and
WHEREAS, the parties to t '
~eveloper's resDonsi i~, ~. _h~s Agreement acknowledae
~ac .... b .... ~ ~uwaras roy' ' . ~ t_~
7. l~ltles for the EastLake Hills and EPa ..l~lng certain public
alscnarged prior to the com~leti ~ ~s~a~e Shores area may be
~ on o~ various financing options and
structures contemplated under the Financing Plan by the contractual
pledge to dedicate land and the payment of certain fees as
conditions to the issuance of buildin e
of residential dwellins unit° ~:_ .? p_rml~s for the construction
Shores area; and ~ o ~n ~ne ~astLake Hills and EastLake
WHEREAS, the parties acknowledge that they are in the
process of completing their work with respect to the formation of
various public facility financing options under the Financing Plan.
-1-
12/18/85 (3)
? 206
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Payment of the fees and Developer's COvenants with
respect to dedication set forth herein shall be in satisfaction
of any and all prorata obligations which the residential develop-
ments and dwelling units within the EastLake Hills and EastLake
Shores bear towards Financing Plan Projects Nos. 29, 30, 34, 36,
39, 41, 46, 48, 49, 50, 51 and 52.
2. The parties to this Agreement have not established,
where impact fees are contemplated, the exact fee to be paid by
Developer as a condition to the issuance of building permits. An
interim fee shall be established and agreed to and set forth at a
later date as Exhibit "A" to this Agreement. City and Developer
shall utilize their best efforts to establish an interim fee
schedule as soon as possible setting forth generally the fees to
be provided for each land use on an equivalent dwelling unit or
acreage basis and subdivided categories of land where
apPropriate, such as various types of residential construction.
No building permits shall be issued until the interim fee
schedule is agreed to by the parties. Exhibit "A" shall also
generally in form and COntent set forth the total equivalent
dwelling units estimated for all areas benefitting from the
facilities to be financed in part by the EastLake Hills and
EastLake Shores fees, together with the total equivalent dwelling
units contemplated for the EastLake Hills and EastLake Shores
development. Exhibit "A" shall also indicate either what
percentage of each fee is attributable to the listed project
referenced numbers set forth above, or the means for calculating
such percentage.
3. Developer agrees to allow City to withhold
residential building permits for any and all Final Map areas
within the EastLake Hills and EastLake Shores area unless and
until the fees established in Exhibit "A" are paid either at the
time of or prior to the issuance of building permits or until one
or more financing option(s) contemplated within Article X of the
Financing Plan is in effect. Developer further agrees that prior
to issuance of residential building permits for EastLake I,
mechanisms must be established to fund the Reserve Fund for
EastLake Development in accordance with the approved Public
Facilities Financing Plan.
4. In addition to the requirements set forth in Para-
graph 3 hereinabove, Developer agrees at the times set forth
herein below to: (i) make an irrevocable offer of dedication of a
one (1) acre site for a public library in such location as is
satisfactory to the City Manager pursuant to the first Final
Subdivision Map for the EastLake Village Center area of the
EastLake 1 SPA; (ii) provide the City with a building of at least
4,000 square feet in the EastLake Village Center at no cost to
the City for a period of five (5) consecutive years unless this
condition is waived upon an earlier date; (iii) provide for and
construct a transit center, including parking or loading space
for four to five (4-5) busses and 120 automobiles in accordance
--2--
12/18/85 (3)
/ ^
· .0. 207
with the City's parking standards in conjunction with the
approval of the first Final Map for the EastLake Village
Center;(iv) make an irrevocable offer of dedication of a 15-acre
community park site in the location shown on the approved
EastLake SPA upon City approval of either a Supplemental SPA or a
new SPA for the areas of EastLake 1 Currently within the
jurisdiction of the City of Chula Vista south of Otay Lakes Road
(Telegraph Canyon extension); and (v) make an irrevocablee offer
of dedication of one (1) acre of usable land for a fire station
in conjunction with the approval of the first Final Map for
EastLake Business Center.
5. Upon compliance with the conditions set forth in
Paragraphs 2, 3 & 4 hereinabove, Developer shall be deemed to
satisfy its obligations with respect to development in the
EastLake Hills and EastLake Shores area.
6. Unless and until this Agreement is superceded by one
or more of the financing program(s) as authorized by the
Financing Plan, this Agreement shall remain in effect and the
fees subsequently set forth by Exhibit "A" shall remain condi-
tions of the issuance of building permits; provided, however,
that the fees set forth in Exhibit "A" shall be subject to an
annual review by the City Council and may be adjusted by the City
Council by an amount not to exceed the percentage increases or
decreases set forth in the Engineering News Record for the types
of construction contemplated for the referenced capital projects.
7. Nothing contained herein shall be deemed to modify,
abrogate or constitute a waiver by either party of one another's
obligation set forth in the Development Agreement.
8. This Agreement shall not in any way modify the
City's obligations with respect to the formation of financing
programs and insuring that benefitted parties provide their
fair-share, prorata contributions towards the cost of facilities
that benefit projects other than EastLake pursuant to Section
6.3.2 of the Development Agreement.
9. Such funds as are paid by Developer or others in
conjunction with this Agreement shall be placed in an
interest-bearing account and may be expended only for the
purposes of providing the public facilities set forth in the
project Reference numbers set forth hereinabove in Paragraph 1.
10. The interim fees payable as a condition to the
issuance of building permits for development within the EastLake
Hills and EastLake Shores area shall be for the referenced
project numbers; provided, however, that to the extent the
equivalent dwelling unit fees are determined to be in excess of
the fees established by the City in the Facility Financing Plan,
the Developer shall be entitled to a credit. Such credit may be
applied at the option of the Developer to other obligations in
/ ~Z~ ~ D ~ -3- 12/18/85 (3)
0
accordance with the terms of an adopted financing mechanism or
may be taken as a one-time lump sum reimbursement due within
thirty (30) days after the effective date of said City action.
Should the interim fees paid by the Developer be less than the
amount set in the Facility Financing Plan, the Developer agrees
to pay the difference to the City.
11. Where Developer builds or causes to be build facil-
ities of excess or supplemental size, capacity, length or where
Developer builds facilities prior to the time the facilities are
required under Articles XIII and IX of the Financing Plan,
Developer shall be granted a credit to the extent that such
facilities are of excess or supplemental size, capacity or length
or are constructed early. Said credit may be applied by
Developer against the payment of fees for the issuance of
building permits for additional dwelling units in accordance with
the equivalent dwelling unit fee structure to be established in
accordance with Paragraph 2 above.
12. If any material provision of this Agreement is held
invalid, this Agreement will be automatically terminated unless
within 15 days after such provision is held invalid the party
holding rights under the invalidated provision affirms the bal-
ance of this Agreement in writing. This provision will not
affect the right of the parties to modify or suspend this Agree-
ment by mutual consent.
13. Developer may transfer its rights and obligations
under this Agreement if such transfer or assignment is made as
part of a transfer, assignment, sale, or lease of all or a por-
tion of the Property and the City consents to said transfer.
Said consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
CITY: DEVELOPER:
CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY,
a municipal corporation a California general partner-
ship comprised of corporations
By: By: ~
Its: Ma r
Approved as to form.
1089a /~.3 03 -4- 12/18/85 (3)
STATE OF CALIFORNIA ]
) s.s.
COUNTY OF SAN DIEGO }
ON THIS 19th DAY OF December , 1985 , BEFORE
ME, THE~IGNED, ~ NOTARY PUBLIC IN A'ND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO--sIS
~RY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Co. , A P:~RTNERSHIP, THE
PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED
THE SAME, PURSUANT TO ITS BY-LAWS.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
NOTARY PUBLIC AND AND FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES
2::ecuted in duplicate ~ 210 Bond No. 712-9692
Prem. $443.00
F XIBll
BOND FOR FAITHFUL PERFOR~LANCE ~
WHEREAS, The City Council of the City of Chula Vista,
State of California, and BARRATT NORTHERN CALIFORNIA, INC., A DELAWARE
C0930RATION (hereinafter designated as
"principal") have enuered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated ~c~r //
19 ~'~, and identified as project EASTLAKE UNIT 2
· is hereDy
re~erred to and made a part hereof; and
~CHEREAS, Said principal is required under the te-~nns
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and THE AMERICAN INSURANCE
C0~ANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of EIGHTY-EIGHT THOUSAND FIVE HU~RED
SEVENTY-FIVE & NO/100 ..................... dollars ($88,575.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and a~inistrators, 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 judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications. ~ ~ ~
211
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
DECEMBER 16 , 19 85
BARRATT NORTHERN CALIFORNIA, INC.,
A DELAWARE CORPORATION THE AMERICAI{ INSURANCE COMPANY
MICHAEL PATTINSON M. J.~D~f~S, ATTORNEY-IN-FACT
SENIOR VICE PRESIDENT
APPROVED AS TO FORM:
STATE OF CALIFORNIA
County of..-0~ ~E ss.
O th s 16th ~ f DECE~ER - - year 1985
n uay o th before me, a Notary Public in and for said
~ County, State of California. residing therein, duly commissioned and sworn, personally
appeared ............... ~..~..~.a......Q~.~.~ ............................................................................................... ~ ~rsonally known to me, ~ prov~ to me on the b~is of ~tisfm~ory evidence
to be the person whose name is subsccibed to this instrument as the attorne~i~c&of IH.~...fi~ERI~AN INSU~C5 ~MP~Y
and acknowledged to me that ~ he ~ she subsc~bed the name of .............. ~..~"..".".~"..~.[~~".~.~...]]~.~..]]]~]]..~]~.]~..~]..~]..~.~. ~2
surety, and ~ his ~ her own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and a~xed my official seal the day and year stated in this ce~ificate above.
~., Fm~,,Cco L,_, L NotaryNblic /
]~ ~ OEAHGE COUNTy ~ My commission expires
STATE OF GALIFO~IaAn iss.
COUNTY OF Deigo
On December 17 ~ 1985 before me, the undersigned, a Notary Public in and for
said State, personally appeared Michael Pattinson and
, personally known to me (or proved tc me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as.
Senior V~i_c~e President and Secretary, onbehalfof Barratt
Northern California, Inc.
the corporation therein named, and acknowledged to me that
'l~ OFFICIAL SEAL
suchcorporationexecutedthewithininstrumentpursuanttoits ~ ~:~ ! v,'- r.~-~
WITiqESS my hand and official seal. [~..~ PR:NC]PAL O[ flC~ IN
,, , My C0mm ss on [:[p es/~p: ] 25
Executed in duplicate Bond No. 712-9692
Premium: Included in the cost
of the Faithful Performance
BOND FOR ~TERI~kL AND LABOR Bond.
~PHEREAS, the City Council of the City of Chula
Vista, State of California, and BARRATT NORTHERN CALIFORNIA, INC..
A DELAWARE CORPORATION (~ereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated ~/~
19 ~'' , and identified as project_ EASTLAKE UNIT 2
· is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient payment bend 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 p~incipal 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 ofEIGHTY-EIGHT THOUSAND FIVE HUNDRED
SEVENTY-FIVE & N0/100 .............. d~llars ($88,575.00 ), ior
~aterials furnished or labor thereon of any kind· or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said Surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought up.~n 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.
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
DECEMBER 16 , 19 85
BARI{ATT NORTHEILN CALIFORNIA, INC.,
A DELAWARE CORPORATION THE AMERICAN INSURANCE COMPANY
BY: BY: ~Q~<D
MICHAEL PATTINSON M.J.'I~
SENIOR VICE PRESIDENT , ATTORNEY-IN-FACT
APPROVED AS TO FOP~bl:
STATE OF CALIFOR Iss.
COUNTY OF Wan Diego
On De cembe r 17, 1985 before me, the undersigned, a Notary Public in and for
said State, personally appeared Mi c h a el~P~lt t2i/lSD/1, and
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
Senior Vice _President and Secretary, on behalf of Barrg. tt
Northern California, Inc.
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
' SqN OkGO OOU~'~TY
WIT~ESS my hand and official seal. ., My Commission Exi;i;es Ap;i~ 25, 1956
Signature ~, (This area for official notarial seal)
STATE OF c~IA ~ ss.
On this ......~Lft!l day of ....DEJ~F-,Ig~El{ n the year . ....~ before me, a Notary Public in and for said
....... . ~0~.~.~ County, State of California, residing therein, duly commissioned and sworn, personally
appeared .................. ~........4.........~.~ ............................................................... ~ ~r~n.lly ~nown to me, ~ proved to me on the bmis of ~tl~.ctory evidence
to be the erson whose na ~s subscribed to this instrument as the attorne in fact of ~E AMERICAN INSURANCE ~MPANY
Ii ~ PRiN2+PAL O?¢ICE 'N I~ My commission expires
- ·
~ .dERI/~N INSURANCE COMPAN
~Now ~ bJEN BY ~E ~E~: ~t ~E AMERICAN INSURANCE COMPANY. a C~nt~n duly or~ni~d a~ existing u~er the
,ws.~ ~ S~Ie of New Jer~y, and ~viM its ~nci~l ~ce in t~ City ~ C~nty ~ ~n Fm~i~o. C~iforn~. hs ~e. ~nstltutcd and
~n~. ~ d~s by ~ ~e~nts ~e. ~slttule a~ up.tnt
..... M. d. DAVIS
~.~ n~ ~u~ ~H~y(s~in-~gct. ~ilh ful~ ~wer a~ ~uth~y ~reby ~fe~d in its ~. ~n~e a~ s~. su ese~ute. ~al. nck~w edge and
.~d to J~nd the Corlmration thereby as fully and to the s~me extent as if such bends wore si&ned by the President mind with Ihe corporate seal of the
.orpormion and duty altesled by its Secretary. hereby ratifying and confirming I I that the said Allorney{sJ-in-Fl~l my do in thc premises.
· is lower of attontey is Jranted pursuant to Article VIII. Sectlo~ 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nov. in full
orce and effect.
'Ankk Vlil, Appobtment and Authority AesMnot ~t:rerari~, and Attorney.in-Fact ud AIeats to ao:ep: ~ Procr4s ud Mal~e Appeala~ces.
~ction ~0, ~opo/~tment. The ChiinnJo of the ~oard of Dirsetors, the Pr~ident, any Viec-President or any other person euthorized by the Board of
}irector~, the Chairman of the Board of Directors, the President or any Vi~e-President, may, from lime to lime, appoint Resident Assistant Secretaries
md Attorneys-in.Fact to represent and ncr for and on behalf of the Co~sorerion and Agenu to mt legal process and make appenrancm for and on
~alf of the Corporation.
Section 31, Author/ry. The Authority of such Resident Assistant Secretaries, Attorney~-in-F~t, and Agents ~Jll be as pre~rihed in the instrument
Ivtdencinj theiT appointment, and any such appointment and all authority glinted ther~oy may he l~,oked at uny llme by the hoard of Directors or by
my person empowered to make such appointment.'*
I'his power of attorney is signed and sealed under and by the authority of the following Resolution ndopred by the Board of Directors of THE
~in~eM~dC~NreI~dR..ANCE COMPANY at. meeting duly' ~lled and held on the 2~th day of September. 19~6 and .id Resolu on hes no been
"RESOLVED. that the signature of any Vice. President Ass stun Secretary. nad Resident Assistant Secretary of this Corporation. and the seal of this
Corlsoratinn may he affixed or prin ed on an~,, Pov.'er of attorney, on uny revocation of an~. Po~,,er of attorney,, or on any certificate relating thereto, by
Facsimile. and any power of mtorne~., an~ revocation of any pov, er of attorney, or cea fica e bearing such facsimile si&nature or facsimile seal shall he
valid and Binding upon the Corporation. ' .
IN WITNESS WHEREOF. TIdE AMERICAN INSURANCE COMPANY has caused these presents to he ai~d by its Vice-President.
md iu cotpozlte seal to he herennto affixed this S~:h dayof #aPch 19 8~
~TATE OF CALWO~NIA,
~i i T AND COUNTY OF SAN FIANCISCOI
Onlhis S~.h dayof I~PC]'I , 19 84 . heforemepersonaHycame Richard #111tarns
to me. known,.who, beinl~ by me duly sworn, did depose and say: that he is Vice-Presidenl o! TNE AMERICAN INSURANCE COMPANY. Ihe
poratlon deser~bed in annwhich executed the above instrument thai he knows he sea ol said Corporation thal the ~al iffJxed o he sa d nstrumem
B such cor/)orare sea; thll t was so affixed by order of the Board of Direclors of said Corporat on and thul he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hind ond affixed my o~cial seal. the day and year herein first above written.
~ SUSIE K. G~LIERT I
~K'~' -.~'~) NOTARY P~LIC - C4J. JFO~NIA I t~,,~
~ldL~'/ Cfff · COOl~' O~ SAN F~qCISCO ·
~q~--"~ My Commission Expires Nov. 17, 1984 I
sn~mmlemel~ulmeslmmmlller il CF~TIFICATE
~TATE OF CALIFOI~NIA,
(.'~"Y AND ~ OF SAN FRANCISCO / es'
IT.,,~th~ .n~d~llg?d, R. esiden! Assislant_S~ec. retury of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HER£BY CER-
sra._mat ?.e, to. rennin! ann attached rgWER OF ATTORNEY remains in full force and has nol been revoked and furthermore Ihal Arzicle VIII, Sec-
tmns ~o ann JI ol the By.laws of the Corporation, und the Resolulion Df the ~oard of D reclors, tel forth in the Power of Attorney, lire no~ in force.
Si&ned and ~led al the City and County of San Francisco. Dated the ]- ~ th day of DE CEI'~BEP. . 19 85 .
~ Executed in du cate '0'~ ·
Bond No. 712 9693
Premium: $28.00 ~~7
SURVEY NONUMENT INSTALLATION BOND
BARRATT NORTHERN CALIFORNIA, INC.,
KNOW ALL MEN BY THESE PRESENTS, that I/We A DELAWARE CORPOILATION
as the subdivider and Principal, and the THE Ai~RICA~I INSURANCE CO>~ANY
a Corporation of the State of NEW JERSEY , 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
FIVE THOUSAND
conditions hereof, in the penal sum of FIVE HUN-DRED & NO/lO0-- ($5,509
lawful money of the United States of America, to be paid to the said City of
Chula Vista.
WHERERAS, the said Principal is presently engaged in subdividing
certain lands to be know as FJkSTLAKE LrNIT 2 subdivision in the City
of Chula Vista, in accordance with the Contract for Completion of Improvements
authorized by Resolution / ~p-~O-~ , and
WHEREAS, the said Principal desires not to set durable monuments prior
to the recordation of the final map of the subdivision and desires to get same
at a later date,
NOW, THEREFORE, the condition of the above obligation is that if the
Principal shall have set durable monuments of the survey
by VANDELL & ASSOCIATES , as per the final map of said
subdivision, a copy of which is on file with the City Engineer of the City of
Chua Vista, reference to which said map is hereby made and same is
incorporated herein as though here set forth in full, and according to the
ordinances of the City of Chula Vista in force and effect at the time of
giving of their bond, on or before the expiration of thirty (30) consecutive
days following completion and acceptance of public improvements within said
subdivision, then the obligation shall be void, otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, the said principal and surety have here unto set
their hands, this 19th day of DECEMBER , 19 85
BARRATT NORTHERN CALIFORNIA, INC.,
A DELAWARE CORPORATION
MICHAEL PATTINSON-SENIOR VICE PRESIDENT
Approved as to form: THE AMERICAN INSURANCE COMPANY
(SURETY)
City Attorney
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
=- On_ December 20, 1985
*- , before me, the undersigned, a Notary Public in and for
~ said State, personally appeared Michael Pattinson
': and
personally known to me (or proved ~o me on the
E m>' basis of satisfactory evidence) to be the persons who executed the within instrument as
~ ~ Senior Vice
ir E __President and Secretary, on behalf of marrat t
~ 8 Northern California
suchcorporationexecutedthewithininstrumentpursuanttoits I J~.~S~'{~ D, ~C~'~ ~'~
On this ............19.t:h ................ day or....DECEMBER ......... in the year %.~.~ .......................... before me, a Notary Public in and for said
~[....County, State of California, residing therein, duly commissioned and sworn, personally
appeared............~4_.J...,,,..~A~.IS ................................................................................................. [~ personally knowmll.~p.l~e,_[~ proved to me on the basis of ~ati,faetory evidence
HE AMERICAN
to be the person whose name is subscribed to this instrument as the attorney in fact of ...................................................................... !.~P.B~tB~.g....~P~y ....................
· and acknowledged to me that [] he [~she subscribed the name of .............. !D.[...AM[IRICAN..INSURA~CE...COMPANY ........................................... thereto ~s
~:::~ 0RANOE COUNTY My commission expires
THE~ ~eIERICkN INSURANCE COMPAN '~
t~OW ALL M~N sty THEXE [~LF-~ENT~: ~t ~E AMERICAN INSURANCE COMPANY. n C~aI~ duly ~ni~d a~ ezistlng u~er the ~
..... ~. d. DAVIS .....
Is ~ m~ ~u$ A,~y(s~i,-F~L with ful~ ~wer ~ muth~i~y ~eby ~fe~ed ~ Is ~. ~ace m~ ~. to execme. ~1 ack~w edge and
~md to b|?d the ~?~mr~t~u I~..relay a_s fully Bud .to t,he su .m~,. ~xtent us if such.bonds were silnn~ by the President. sealed with. the corporAle sail of Ihe
Fhis power of attorney is ~rnmnd pursuant to Article VIII. SeCliO~ 30 and 3! of By-laws of THE AMERICAN INSURANCE COMPANY nov, in full
Im'en and effect.
"Article VIII, Appofnmnt and Ag~'ty A~t ~to~i~, nod Att~sey-i~gact a~l A~ents to a~.~,: Le~a! Proem and Mate Appenrances.
Section ~0, Appo~m, ent. The Chairman of the Board of Directors, the Preaidant, any Vice-President or any othe~ person authorized by the Board of
Mtaif of the Corporation.
S~'tJon 31, Authes'~ry. The Authority of such Resident Assistant Secretaries, Attorneys.in-Fact, and Agents shall be as prescribed in the hstrument
Fhis power of attorney' is signed and sealed under and by the uuthority of lhe following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meetin~ dui)' called and held on the 28zh day of September. 19(~, and said Resolution has not been
Bmended ot repealed:
valid and binding upon the Corporation. '
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be siload by its Vice-President.
md iu corpurate seal to be hereunto afficed this 5th dayof March 19 84
~ THE AMERICAN INSURANCE COMPANY
gRATE OF CkLH~XtNIA. } es.
Cfi I' AND ~ OF SAN
OnthJs 5th dayof March ,19 84 , before me personally cume Rtchard gtlltams
IN WITHESS WHEREOF, I have hereunto set my hand and a~xed my official seal. the day iud year herein first ibove written.
~it.qT/ ~ & COUNTY Of SdU~ R~4~CISCO ·
~ My Commission Expires Nov. 17. IgC4 I C~tTIFIC&T~
BTAT~ O~ CALIFOBNIA, } es.
CITY AND ~ OF SAN Fl ANC~O
l, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Cotporalion, DO HER£BY CER-
Si[ned and ~led al the City and County of San Frnneiseo. Dated the ]-9 C~. day of
~Ofl 1-TA-&41