HomeMy WebLinkAboutReso 1985-12305 RESOLUTION NO. 12305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 5, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON
SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
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 5, and more
particularly described as follows:
Being a subdivision of portions of fractional Section
33, Township 17 South, Range 1 West, San Bernardino Base
and 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
Area: 7.332 acres No. of Lots: 46 No. of Units: 46
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: A portion of
Cedarspring Drive, Ashbrook Drive, Suncreek Drive and Pebblebrook
Place and said streets are hereby declared to be public streets
and dedicated to the public use.
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 and drainage
facilities and for pedestrians, open space access 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 said public
streets are accepted on behalf of the public as heretofore stated
and that said lots are dedicated for Open Space, park and other
public uses, and that those certain easements with the right of
ingress and egress for the construction and maintenance of sewer
and drainage facilities and for pedestrians, open space, access,
and public utilities as granted thereon and shown on said map
within said subdivision and offsite are accepted on behalf of the
City of Chula Vista as hereinabove stated.
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 5
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.
Pre~ented by Approved as to form by
a~n P. Lip~itt, Director of
~blic Works/City Engineer Charles R. Gill, Assistant
City Attorney
1080a
225
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this.. 17th day aL December
19 ~85 , by the following vote, fo--wit:
AYES: Councilmembers Malcolm, Moore, Scott, McCandliss, Cox
NAYES: Counci ]members None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members None
/s/ Gregory R. Cox
Mayor of the C~y of Chula Vista
ATTEST .... /s/ Jennie M. Fulasz City Clerk
3TATE 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,
HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12305
,and fha/ the same has not been amended or repealed.
ATED December 31, 1985
(seal) ~ City
S-660
THIS AGREEMENT, made and entered into this 17th day of
December , 19 85 , by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San
Diego, California 92101
hereinafter called "Subdivider,,;
W ITNESSETH :
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
EASTLAKE I UNIT 5
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 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
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider,s own expense, all the public improve-
ment required by City in connection with the proposed subdivision
and will deliver to City improvement securities as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 11935 approved on the
19th day of February , 1985 , and '
Form No. CA-410
Revised 12/82
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared, submitted to and approved b the
City Engineer as shown on Drawings No.85-562 through 85-5~4 & 85-567, 568
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 ~LLION
~HR~ HUNDI~ED NINETY TWO THOUSAND SIX HUNDRED DOLLARS ($1,392,600) (for Units
4 and 5).
FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to the
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvements and/or land development work required to be
done in and adjoining said subdivision; and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the required improvements,
and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdi-
vider will cause all necessary materials to be furnished and all
improvements required under the provisions of this contract to be
dbne 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.
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 ~T~.TON
FORDYFOURTHOUSANDFOURHUNDREDFIF~YDOLLABS ($1,044,450) (for Units 4 & 5)
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 MIT,T.TON
FOI~TY FOUR THOUSAND FOUR HLSTDRED F/FrY DOLLARS ($1,044,450) (for Units 4 & 5)
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 ELEVEN
THOUSAND NINE HUNDREDDOLLARS ($11,900) (per private engineer's est/mate)
to secure the installation of monuments, which security is
attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the comple-
tion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon certi-
fication of completion by the City Engineer and acceptance of said
work by City, and after certification by the Director of Finance
that all costs hereof are fully paid, the whole amount, or any
part thereof not required for payment thereof, may be released to
Subdivider or its successors in interest, pursuant to the terms of
the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor shall
any officer, his sureties or bondsmen, be liable for the payment
of any sum or sums for said work or any materials furnished
therefor, except to the limits established by the approved
improvement security in accordance with the requirements of the
State Subdivision Map Act and the provisions of Title 18 of the
Chula Vista Municipal Code.
-3-
11. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the improvement plans and
installation of public improvements hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and
that Subdivider shall have deposited with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all improvements are fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alley, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omissions of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to
this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by reason
of the acts or omissions of Subdivider, its agents or employees,
or indemnitee, related to this agreement. Subdivider further
agrees to protect and hold harmless City, its officers and
employees, from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts
or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement; provided, however, that the
approved improvement security shall not be required to cover the
provisions of this paragraph. Said indemnification and agreement
to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a
consequence of the dive~sion of waters in the construction and
maintenance of drainage systems and shall not constitute the
assumption by City of any responsibility for such damage or
taking, nor shall City, by said approval, be an insurer or surety
for the construction of the subdivision pursuant to said approved
improvement plans. The provisions of this paragraph shall become
effective upon the execution of this agreement and shall remain in
full force and effect for ten (10) years following the acceptance
by the City of the improvements.
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
Mayor of 0fh~City of Chula '~-' ~
Vista ~_
~/ City C 1 er~]f -' ~/
Approved as to form by
City Attorney (Attach Notary Acknowledgment)
STATE OF CALIFORNIA )
)s.s.
COUNTY OF SAN DIEGO )
ON THIS 17thDAY OF December , 1985 , BEFORE
ME, THE U'-0'~-~RSIGNED, A NOTARY PUBLI-~-TN AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO ME--siS
~ORY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Company A PARTNERSHIP. THE
PAi~,TNERSHIP 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'4N AND FOR SAID
,, ~,.:% o~'.~C.~z~ xr~tb ~ COUNTY AND STATE
~.' ..... ,. ~z~,,~ ~ zs, z~ MY COMMISSION EXPIRES
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $1,044,450.
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $1,044,450.
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $11,900
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
* The estimated cost of improvements is $1,392,600 for Unit
4 in conjunction with Unit 5
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMEN'~'
This Supplement is made and entered into this
of ~c-~'~ ~='~ 1985 by and between the City of Chula Vista,
a municipal corporation, hereinafter called the "City" and
EastLake Development Company, a California limited partnership,
hereinafter called the "Subdivider;"
WITNESSE :
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. 5, 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, ubdlvlder
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.
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.
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
Mayor )f~ty o'f~
Chula Vista
~/ City Clerk
Approved as to form by:
A~ista~nt 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'-~'-~-~RSIGNED0 A NOTARY PUBLi-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.
....... ~---~-~ ..... COUNTY AND STATE
;;;~:~,~ SA~ 9~oo COUNW 1~ MY COMMISSION EXPIRES
. ,19
INTERIM 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:
Recitals
WHEREAS, the City and Developer have previously agreed to
an EastLake 1 Public Facilities Financing Plan dated February 7,
1985 ("Financing 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 this Agreement acknowledge that
Developer's responsibility towards providing certain public
facilities for the EastLake Hills and EastLake Shores area may be
discharged prior to the completion of 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 building permits for the construction'
of residential dwelling units within the EastLake Hills and EastLake
Shores area; and
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/
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)
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
-3- 12/18/85 (3)
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
Its: M~y~or By:
Approved as to form.
~ty Att~y "
~ -4- 12/18/85 (3)
1089a ~? ~
STATE OF CALIFORNIA
)S.S.
COUNTY OF SAN DIEGO
ON THIS 19th DAY Of December , 1985 , BEFORE
ME, THE UN--O-N--~-~-IGNED, ~ NOTARY PUBLIC IN A-~-~-FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO M~SiS
~RY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Co. , A PARTNERSHIP, THE
PAP~TNERSHIP 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 ANI~ AND FOR SAiD
COUNTY AND STATE
MY COMMISSION EXPIRES
U~/~$ ~/~ Bond No. SC 712 97 91
/~- ~/~ Prem. $10.,444.
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and THE FIELDSTONE COMPANY
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvenlents, which said agreement, dated ~)~=~/~7 ~ /7
19 ~J~', and identified as project EASTL~KE I UNITS 4,5,1b & 16
· is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and THE AMERICAN
NSURANCE ~O~PAN ~
, as surety, are
~'eld and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of ONE ~ILLION FORTY-FOUR T~iOUSAND
FOUR HUNDP, ED FIFTY ..... ~-~- .......... ~ollars ( S~, -044. 450.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full 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.
The surety-hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
DECE:~BER 13 19 . 85
TUE FIELDSTONE COAPAN{ THE .R~MERICAN INSU_%ANCE CO'4PANY
ca~. ~o iiELEN 3~LONE J, A~ TORNEY-~N-r ~-~CT
TO t944' NNO06~ montractor
c~ ~as; Surety
STA~E OF CAL
TICo TITL ,,.-_
this ~ 6 TH DE CEMB ER l ~ o ~ I notarial Seal)
day of in the vear
S~ DIEGO .... Iocary Public in and for said
County. State of Ca]iforsJa. res~disg therein, duJ~r commjssioned and sworn, personaJ~y
~peared HELEN M~ONEY ~
~rsoBa~ly Known to me, ~ proved ~o me on the basis o~ smlis~acloty evidence
be the person whose name is subscribed to this instrument as [he atto~ey in fact of ~E... ~ERICAN.
~et;k~3l~t~d ~e that ~ he. she subscribed the name of ~ZC~ ..-=~=~C= CO~ ~' v - ...............
WITNESS WHEREOF, I have hereunto sel my hand and aFfixed my official seal, the day and year s ed in thi~ cerli~cale above.
{'"' [~ :),~ Notary Public
)WEft OF
To~¥ , THE AMERICAN INSURANCE COMPANY .
IO~ ALL MEN BY THES~ PRESE:NTS: That THE AMERIC CE COMPA y ·
2inolf~.~the S½a? of. N.e.w Jersey, and having its rinci al Offi}eA~ INSU~AN N , a Corporation duly or a'~ized - -
....... · .,, o,, ,.e.e pr,,se.,s .,ake. co..,L,e .ppod,n ,be C,,,...d Co.,n. o, S,,. F...,:,.co. C."for.f,L
'- .... HELEN M^LONE'f .....
~ and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred n s name p ace and stead to execute, seal. aeftmawledge and
.r any and all bonds, undertakings recognizances or other wrl en ob ga oas in the na ore thereof ...........................
In bind the Corporal on thereby as fully and o he same extent as if such bonds were signed by he Presiden sealed with he cor~e seal of the
~oral on and duly at esled by ts Secretary hereby ratifying and confirming all that the said A orney s)- n-Fact may do in the premises
~ower of attorney is granted pursuant to Article VIIl. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANy no~. in full
ce and effect.
r title V I I1, Apgolntm eot and Authority Assistant Secretaries, and A ttoroey-in.Fact and Agents to accept LegaIProcess and Make Appearamcr&
ection 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by ~ Board of
~Ctors. the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident A~-istam Secretaries
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearanee~ for and on
all of the Corporation. --
~ction 31, Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact, and Agents shall be as prescribed in ~e instrument
encing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
; power of altorney is signed and sealed under and by the authority of the follow ng Resolution adopted by the Board of Directors of THE
ERICAN INSURANCE COMPANy at a meeting duly called and he d on the 28th day of September. 1966. and said Resolution has not been
:SOLVED. thal Ihe s gnature of any Vice-President. Assistant Secretary, and Residenl Assistant Secretary of this Coy oration an
,mile, a.nd any power of al orney any revocation of anr O~ ' * ' Y' certifl
r and binding upon the Corers ((~n" ) p 'er o] attorney, or cernficale bear no such t=..:_:~_ _, y . ca? r~la!m$ thereto, b.',
fITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
· ts corporate seal to be hereunto affixed this 21 st da>, of 0ceo bey 19 _85
· * ~ THE AMERICAN INSURANCE COMPANY
By__
b-TATE OF CALIFORNIA %'ice. Pre,,dem
COUNT~ OF MARIN }
,is_ 21st dayof October
~ knov, n w , 9 85 -
' , ho, being by me duly sworn did de ....... -: · ., beforemepersonallycame Richard Wi lli
' ,,,hie,, ,be'abo,.e ,,,. :
~' , mal,t wassoaff, xed byorder oftheBoardof Directorsofsa' ec-~2~L:d'° C?p. ora?o~; ha !he seal affixed lo Ibc ,aid ins ~mCe°nrt
'ITNESS WHEREOF, I have hereunto set my hand and affix, ed my official seal, the day and year herein firsl above written.
SUSIE K. GILBERT
NOTARY PUBUC - C~IFORNIA
COI~NTr OF MABIN } s~.
led and aealed at the County of Mar:tn. Dated thei6TH
; day of DECEMBER 1985
SC 7~2 97 91
WHEREASf the City Council of the City 0f dhula
Vista, State of California, and THE FIELDSTONE COMPANY
(hereinafter designated as
"'Principal") have entered into an agreement whereby principal
agrees to install and complete certain desig~nated public
improEe~ents, which said agreement, dated ~-~-~r /~
19.. ~3 , and identified as project EASTLA~E ~ UNITS 4,b,±b & 16
, is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient.payment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporate Surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of ONE MILLION FORTY-FOUR THOUSAND
FOUR HUNDRED FIFTY ............. d~llars ($ i,044,450.00 ), for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred bY the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
The Surety-hereby stipulates and agrees that no
change, extension of tim~, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by t~ principal and Surety above named, on
DECE~4BER 13 19 $5
THE FIELDSTONE COMPANY THE AMERICAN INSURANCE COMPANY
HELEN ~4ALONEY, AT_OF.N~ ~ ~N ~ ACT
Contractor
~AT. NO. NN00627 Surety
lndi id.a ) TICOR TITLE INSURANCE
STATE OF CALIFORNIA
O~ ,~ December 17, 1985 b
trim mStrume... ~ . ~ subscribed t~ -~
~Uted the same. "' ~nu ac'now/edged that ~ ~';';.
~/TNEss my hand and official Seal. ~
~i ~ SAN DI~GO
1C~ ~ . .~ (This area forof'
· . t f in {he year mi seaD
x ......... ~,,..~,:k~ Count S ry Publ c n and for sa d
ppeared ~ .,~t~ ~,~.~ ~- Cahforma residing therein, duly comm ss'oned and sworn .....
~bc the person whose name ts subscribed o thts instrument as the altorney in fact of.[ ..............~.;: ..~. ~:.~ ~- ......:...:_ ~.:~3: .:..._~:.~ ~:.~..~
nd acknowledged [o me ~hat ~ he ~e subscribed the name of ~'~ %'~Cm.'~ ~,~tT~.?,--~ ~O*-~:y ................................
W TNESS WHEREOF. I have hereunto sel mv hand and affixed m~ official seal, ~he day and year ~tated in this ce~ificate above.
)WER OF
rTORNZy ' THE AMERICAN INSURANCE COMPANY
~OW /~LL MEN BY THESE PRESENTs: That THE AMERICAN INSURANCE COMPANY. a '
s of Ihe State of New Jersey, and hay ng ts principal office in the City and County of San Francisco. California, has made, ¢onstiluted and
~ointed. and d~es by these presenls make, constitute and appoinl
'- .... HELEN MALONEY .....
I Id bind the Corporation thereby as fu y and to the same extenl as if such bonds were signed by thc President sea ed with the corporate s~al of
rporalion and duly attested by ils Secretary. hereby ratifying and confirming all that the said Auorney(s)-in-Fact may do in thc premises
LP~an~de[~efc~t. wrney is grained pursuam ~o Ardcle VIII, Sec6on ~0 and 31 of By-laws of THE AMERICAN INSURANCE COMpany no~ in full
rticle VI Il, Appointment and A uthori~y A ssistant secretaries, and A ttorney-in-Fact and Agen t~ ~o accept LcgaI Process an d Afake Appear~c~.
~tion 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by ~c Board of
~ors, the Chairman of the Board of Directors, the President or any Vice-PresiaenL may, from time ~o time, appoint Resident Assistant Secrelaries
Attorneys-in-Fac~ ~o represtnl and ac~ for and on behalf of Ehe Corporation and Agents to accept legal process and make appearances for and on
ill of the Corporation.
~tion M, Authority. The Authority of such Resident Assistant Secretaries, Attorncys-in-FacL and Agents shall be as prescribed in Ih~ instrument
encing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
~rson empowered to make such appointment."
, po~er of aHorney is signed and sealed under and by the authorhy of the following Resolu6on adopted by the Board of Directors of THE
ERICAN INSURANCE COMPANy at a meeting duly called and held on the 28th day of September. I~. an~ said Resolu6on has not been
nded or regaled:
:SOLVED. that lhe signalure of any Vice-~esidenL Assistan; Secretary. and Residcnl Ass~stanl Secretary of this Corpora on. and the seal of h
~imile, and any po~er of ~lorney. any revocation of an) power of attorne or certifi ' ·
.and binding u~n thc Corporation." ~ cate bearing such facstmde s~gnalure or facsimile seal shall be
~ITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused hese presems ~o be signed by i~s Vice-PresidenL
~its corporate seal to be hereun o affixed this
21S t day of 0cto bet 19 85
~ THE AMERICAN INSURANC~ COMPANY
,i~ 21 st d~7 o~ October 85
, 19 , Dc~or~mcpcrsonaHycamc Richard Willies
c known, who, being by mc duly sworn, did depose and say: that he ~s~icc-Prcsidem of THE AMERICAN INSURANCE COMPANY, Ibc Cor]
SUSIE K. GILBERT
~ATE OF C~OR~
~ OF ~N
that t~e foregomga~d attac~ed PO~EROFATTORN~y rem~ns n full force~n~ hasno~ been re~okcd;~nd [uHhc~morc~ha~ AH~Ic ~HL
· SCR 712 97' 89.
P%E~IU~I: $419.00
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/We T~iE FIELDSTONE
as the subdivider and Principal, and the THE A~ERICAN ~URANCE
a Corporation of the State of NEW ~
~R~x , as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum Of FIFTY-FIVE THOUSAND EIGHT HUNDRED FIFTY---
($ 55.850. ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as EAST LAKE I UNITS 4,5,15~&~6 subdi~ision~_%n the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not to set durable 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&ASSOCIATE
(name of
INC. , as per the final map of said subdivision, a copy of
Engineer)
!~which is on file with the City Engineer of the City of Chula Vista, refer-
nce to which said map is hereby made and same is incorporated herein as
though here set forth in full, and according to the ordinances of the City
of Chula Vista in force and effect at the time of giving of this bond, on
or before the expiration of thirty (30) consecutive days following 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 hereunto set
their hands, this 16TH day of DECEMBER , 19 85
(Principal)
APPROVED AS TO FORM: TH~ AMERICAN INSURANCE COMPANY
~,_/;~ . / (Surety)
Attorney-in-Fact
City Attorney HELENMALONEY
PW-E-34
ENERAL __
)WER OF
~TORNEy
~6W ',~ M , ' : ' THE AMERICAN INSURANCE COMPANY ,
AL EN BY THE. SE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and e~ist' ' un~er
vs of the State of New Jersey. and having s principal office in the C a · · ·
:~omted, and does by these presents make, conslltule and appoinl y nd County of San Francisco. Cahforma. has made. co~stiluted ~nhl~
"-"--HELEN MALONEY .....
,e and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in ils name, place and stead, lo execute, seal. acknowledge and
~ver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ........................
to bind Iht Corporal on thereby as fu y and to the same exten as if such bonds were signed by the President. sealed w h the corporate ~al of the
'potation and duly atlested by its Secretary. hereby ratifying and confirming alt that the said Attorneyts}-in-Fact may do in the premix.
~,P~affdere~c~,torney is gran,ed pursuan to Artic,e VIII. Section 30 and 3, of By-aws of THE AMERICAN INSURANCE COMPANy nov. in full
'title VlI I, Appoin tment and Authority A ssistant secretaries, and A ttorney-in-Fact and Agents to accept Legal Process and Make Appeara$ce&
.'~tion 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
~ctors, the Chairman of the Board of Directors, the President or any Vice-Presiaent, may, from time to time, appoint Resident Assistant Secretaries
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearancc~ for and on
df of the Corporation. -'
'etlon 31. Autfiority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
encin! their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
person empowered to make such appointment."
~ power of attorney s signed and sealed under and by the author y of he following Resolulion adopted by he Board of Directors of THE
iER CAN INSURANCE COMPANY at a meeting du y called and held on he 28th day of September. 1966. and said Resolution fins not been
aded or repealed:
SOLVED. that the signature of any Vice-President. Assistant Secretary. and Res den Assistant Secrelary of h s Corporalion and the sea of this
~oration may be affixed or printed on an) power of attorney on
imile, and any po~,er of attorney, any revocalion of any power of atlorney, or certificate bearing such fac's m e signature or facsimile seal shall be
:1 and binding upon the Corporation." '
~/ITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
its corporate seal to be hereunto affixed this 2
~ 19 85
~ THE AMERICAN INSURANC~E COMPANY
STATE OF CALIFORNI.A
COUNTY OF MARIN
is 21st .dayor October ,19 85 . · · ·
~known, who, bemgb meduv w rn -~:'~ .... = ., beroremepersonall) came Richard Williams
ion described ' Y . s o__ ,~,~, ucpose ann say: I~a he is Vme-Presidenl of THE AMERI ' '
in and .wh ch executed the above mstrumen · ha he k '~ · . CAN NSURA_N. CE COMPAN't he Co -
h corporate seal that ~ was s afl' , . no s he seal of ~a~d Corporanon; ihs he seal afl xed lo he · ' '
o lxed by order of the Board of D reclorsof said Corporation and that he si ' . a~d mslrument
gnedhtsnametheretobv keorder.
ITNESS WHEREOF. I have hereunto scl my hand and affixed my official seal. the da) and year herein first above written.
SUSIE K. GILBERT
NOTARY PUSUC - C~IFORNIA
COUNTY OF MAPJN ss,
led and sealed at the County of Matin. Dated the
[/1 -TA-S..81 ~ '~ .J_~