HomeMy WebLinkAboutReso 1986-12347 To: " 86-049532
pleas ._eturn 9
P. O. Box 1087 RESOLUTION NO. 12347
Chula ~ista, California 9~ i~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MAP OF CHULA VISTA
84-9, EASTLAKE I UNIT 10, ACCEPTING ON BEHALF
OF THE PUBLEC THE PUBLIC STREETS DEDICATED 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, 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.f~qds that that certain map survey
entitled CHULA VISTA TRACT 8~-9v EASTLAKE I UNIT 10, and more
particularly described as follows:
Being a subdivision of a portion 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: 6.948 acres No. of Lots: 36 No. of Units: 35
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
Rue Avallon, and said streets is hereby declared to be a public
street 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 street tree planting and maintenance, all as
granted and shown on said map within said subdivision, subject to
the conditions set forth thereon.
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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
street is accepted on behalf of the public as heretofore stated
and that those certain easements with the right of ingress and
egress for the construction and maintenance of sewer and drainage
facilities and for street tree planting and maintenance as
granted thereon and shown on said map within said subdivision
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 28th day of January, 1986, for
the completion of improvements in said subdivision, a copy of
which is attached hereto and by reference made a part hereof, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that that certain Supplemental
Subdivision Agreement dated the 28th day of January, 1986,
providing for approval of the Final Map for EastLake I Unit 10, 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
hn P. Lippit%; Director of Charles R. Gill, Assistant
blic Works/City Engineer City Attorney
1081a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of January
19 86 , by the following vote, to-wit:
AYES: C0unci]members Malcolm, Moore, Scott, McCandlisa, Cox
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Counci ] members None
/s/ Gregory R. Cox
Mayor of the City of Chulo Vista
ATTEST./S/ Jennie M. Fulasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
C~TY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12347
,and that the same has not been amendedor repealed.
DATED. January 29, 1986
(seal)
CC-660
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of. January
19 ~6 , by the following vote, to-wit:
AYES: C0uncilmembers Malcolm, Moore, Scott, McCandliss, Cox
NAYES: Councilmembers None
ABSTAIN: C0unci lmembers None
ABSENT: Cou~lci ] members None
' Moy~ of 0the City of Chula Vista
ATTE~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12347 ,and that the same has not been amendedor repealed.
DATED
(seal) City Clerk
CC-660
SUBDIVISION IMPROVE~qT~ AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of
January , 19 86 , by and between THE CITY OF CHULA
%ISTA, a municipal corpor-~on, hereinafter called "City", and
EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730 San
Diego, CA. 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 10
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 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 by the
City Engineer as shown on Drawings No.85-524 through 85-530
on file in the Office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City, in the amount of ONE MILLION
SIXTY-THREE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($1,063,200.00).
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
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.
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2254
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 $398,700.
Said security has been provided pursuant to Resolution No. 12306,
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 $398,700.
Said security has been provided pursuant to Resolution No. 12306,
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 EIGHT
THOUSAND THREE HUNDRED THIRTY TWO DOLLARS ($8,332)
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-
2255
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.
-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 CO.
Mayor of~th~ City 6f Chula
Vista
Approved as to form by
~ity At t~orney
(Attach Notary Acknowledgment)
-5-
STATE Of CALIFORNIA )
) S.S.
COUNTY OF.SAN DIEGO )
ON THIS ~ .'( DAY Of r ~-' .,. ~, . >/
- ?('/ ~'~. ~>'~-¥-Z- , 19~,//~TM, BEFORE
ME, THE UNDERSIGNED, ~NOT~ IN AND FOR SAID
COUNTY AND STATE, PERSONALLY A~PEARED Robert
Santos KNOWN TO ME {OR PROVED TO ME ON THE BASIS
~RY EVIDENCE) TO BE THE Sr. Vice President
OF EastLake Development Co. , 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 PUBLIC AND /~ND FOR S~I'D
COUNTY AND STATE . . ..
MY COMMISSION EXPIRES
'~ , Ig,-
/
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond (Pursuant to Res. 12306)
Amount: $398,700
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond (Pursuant to Res. 12306)
Amount: $398,700
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $8,332
Securities approved as 6o form and amount by
Assistant City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement.
..... BOND NO. 731 54 13
BOND PREMiiFM---.~; 3,987.00
SUPd~Ty BOND FOR FAITHFUL PERFO1R~n/qCE ~ -- -
That we PACIFIC SCENE, INC.
, a corporation-b~
3900 HARNf~ STREET, SAN DIEGO, CA 92110 , as Principal and
AMERICAN INSURANCE CO~ANY '
~ Of '2550 FIFTH AVE.. SAN DIEGO, CA 92]D3
a corporation, incorporated und~.r the laws of the State of
NEW JERSEY , and duly authorized under the laws of the Sta~e
of California to act as Surety,_. are held and firmly bound unto
CITY OF CHULA VISTA in the sum of THREE HUNDRED NINETY-
~ EIGHT THOIJRAND ~EVEN HT~qDR~D AND w~/1~--(398,700 00) lawful mone f
~ne ma~e, sai~ Principal and Surety b~nd themselves, their heirs?. * ,
[~Unzted~ States_ of Amerzca, for the Payment' whereof w~ ~.~ ~y_ the
administrators, successors and assigns, jointly and severally, firmly
by these presents.
The condition of the foregoing obligation is such that whereas the
above bounden Principal has agreed to provide certain improvements
for the property known as PARC PACIFIC AT EASTLAKE ~ Unit 6, 9 & lQ
.... , .in. accordance with
dated
~equired by the said ' , and is
_ FTT¥ ~ ruW~ ~ w~o~ to give-a bond
to guarantee the perzormance and th~ %bm~%'tion of said improvements;
NOW, TIiER~FORE, if the said Principal shall well and truly perform
all the work specified in said agreement~ then this obligation shall
be null and void~ otherwise to remain in full force and effect.
The Surety does hereby consent to any and all alterations, medifica-.
tions and revisions to the Agreement secured by this Bond, including
but not limited to any extensions of time for performance which may
be agreed upon by .and between THE CITY OF C~UL^ VISTA and the
Principal. '
SIGNED AND SEA/LED AT SAN DIEGO, CALIFORNIA on this .llth 'day
of DECEMBER , 1985 -
· NE, INC. ' ' ,~ : .
B~: ' '
~,ame of Company ([5
--'-: ~I' ' ,. .. r,:~y_~, City Attorney THE AMERICAN INSURANCE CO.XfPANY
Name of Bonding Comp'an, y
) SS.
COUNTy OF SAN DIEGO )
On __ December 11, 1985 , before me, the undersigned, a Notary Public
;in and for said State, personally appeared D.W. MacKay , known
to me to be the Vi~ President, and Scott W. Parker , known to
me to be the ~_~.~_~_~ Secretary of
PACIFIC SC~NE. /NC. ,
the corporation that exec"ated the within instrument, and known to me to be --
the persons who executed the within instrument on behalf of said corporation,
and acknowledged to me that said corporation executed the same.
WITNESS my hand and official seal
il T~"--~.~:~'~ I'~OTA~Y~t'ORN~ Nbtary Public in And for said
/~-/c~ ~i ~ ~D~Jt~y County and State
My CommAs~ . .
~ £ATE OF CALIFORNIA t ss.
Coumy of ........ SAN._~.LEG(1
On h s llth day of DECEMBER .... in the year ........... .~.~.~.~ ...................................
......................... · .............................................. hefo a Notar ".b,i: i. a.d rot said
................................................................................. :.......Counly, Slate of Califoruia res d ng [herein duJy commissioned
appeared ._ NANCY E GROVER · and sworn persona y
........................ ~ ............................................................... ~ p~rsonally known to me, [] pro~ed to me Oll the basis of sat/st'actory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of ............. THJE...-AL~iPJ~CA~....ILSISI/~C.E_CO,~.A.,,,!~ ......
and acknowledged to me that [] he [] she subscribed the name of ... .. ~.~ ~AN
surety, and [] his [~ her own name as attorney in tact. - .................................... ----thereto as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year stated in Ibis cex/i6cat¢ above.
GENERAE
·POW~:a OP-ArrOR.r~S¥,, .. THE AMERICAN INSL~-"~E COMPANY
KNOW -~,LL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existin~ under ~he
taws of the State of New JerseY. and having its principal office in the Ci v and County of San Francisco. California. has made. con$iHuted and
, appointed, and does by these pre~ents make. constitute and appoint
~AYNE G. PLAZA< and NANCY E. GROVER
3o~n:ly or severally
its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead, to execute· sear. acknowledge and
· deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ............................
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed bv the Pres dem. sealed with the corporate sear of the
Corporation and dui)' attested by its Secretary hereby ratifying and confirming all that the said .~ttorney($ -in-Fael ma',' do n the premises.
forceThis powerand effect.°f attorney is granted pursuant to Articte Vlll. Section 30 and 3l of By-laws of THE AMERICAN INSURANCE COMPANY now in full
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURA'NCE COMPANY at a meeting duly called and held on the 28th day of September· 1906. and said Resoiution has not been
amended or repealed: ·
"RESOLVED. that the signature of an), Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation. . may be affixed or printed on any. pov, er of attorney· on anv. re,~ocation of .an) power.of attorney~ or on an). cee ficate relating herelO, by
IN WITNESS WHEREOE. THE AMERICAN INSURANCE COMPANY has caused these presents ~o he si~ned by hs Vice-President,
and its corporate seal to be hereunto affixed this 29th da:, of Au0ust 19 78
THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA, 'i
CITY AND COUN~I~' OF SAN ~RANCISCO
o. t~;i~ 29thda~ of Auoust 19 78 before me perso.a,> Jam¢_ Wi l l iam W. Lauber
to me known, who. being by me dui), sworn, d d depose and say: Ihat he is Vice President of THE AMERICAN INSURANCE COMPANY. the
Corporation described n and which executed the above nstrument: that he knows he seal of said Corporation: that the seal affixed to the said instrument
is such corporate seal that i was so affixed b) order of the Board of Directors of said Corporation and that he signed his name therelo bx like order·
N W TNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the da~ and year hereto first above ~ ritlen.
)/'~ SUSIE K. GILBERT ==
~. ~.~' '~.~] NOTARy PI~UC- CA.UFChqHIA ': ' '
in force· ' .
Signed and sea[ed at Ibc City and Coun :. of San Francis¢o.'Dated the //
~ ~ BOND NO: 73'1 54 13
· BOND PREMI~-~-.'INCLUDE~D
WHEREAS, the City Council of the City of Chula
Vista, State of California, and Pa
uz~lo ~UENE, INC. - 3900
HARNEY STREET~ SAN DIEGO~ CA 92110 (~ereinafter designated as
'~rincipal") have entered iht6 an agreement whereby principal
~grees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project PARC PACIFIC AT EASTLAKE.
_~nit 6~.9 ~ lO. ~ 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 Pa
3 of the Civil Code of the State of Californi~ 4 of Division
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 THREE HUNDRED NINETY-EIGHT THOUSAND_
~SEVEM HI~RED~MD NO/100 ............ d~llars __
materials furnished or labor thereon of($ 398.700.00 ), for
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
City of Chula Vista in succ~-~-
.... u~f en=orcmng such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgraent therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and Corporations entitled 'to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
_ shall be and remain in full force and effect.
The surety-hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
~PACIFIC SCENE, INC. _THE AHERIC,%M INSUP~ENCE COMP.%NY
.. J.i ~ 3' Surety
City Attorney
PW-E-34
in and f~ sa~state, personally appeared
D. W. ~cKa. y known
GENERAL.
':- g-g*a C 2264
.~rrORnE¥ '" THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation dul~ orgauized and existing under the
law~ of :be State of New Jersey and having ils principal o~ce in the City and Counly of San Francisco. California. has made. consliluted and
appointed, and does by these presents make. constnute and appoint
~AYNE G. PLRZAK and NANCY E. GROVER
~o~ngly or severally
its true and lawful Attorney(si-in-Fact, with full po'.~er and authority hereby conferred in its name. place and stead, lo ex~cule, seal. acknowledge and
:deliver any and all bonds, undertakings, recognizances or other wri{ten obit*gallons in the nature thereof ............................
and to bind the Corporation thereby as fuv and to the same extent as if such bonds were signed by the Pres dent. sealed wi h he corpora e ~eal of the
Corporation and duly a es ed by i s Secretary. hereby ratdying and confirming ail thai the said Atlorney(s)-in-Facl ma~ do in the premises·
This pov*er of atlorney is granted pursuant to Article VIII. Section 30 and 31 of By-lav, s of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by lbe Board of Direclors of THE
AMERICAN INSURA'NCE COMPANY at a meeting duly called and h~ld on the 28th day of Seplember. 1966, and said Resolution has not been
amended or repealed: ·
"RESOLVED. that the signature of any Vice-Presidenl. Assislant Secretary. and Resident Assislanl Secretary of h s Corporation. and lhc teal of this
Corporation may be at, xed or pr hied on any pov*er of attorney, on any revocation of any po'.~er of a orney, or on any ccr! ficale relaling thereto, by
val d and bind ny* upon thc Corpora*:ion.:'
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by hs Vicc-Presidenl.
and its corporalc seal to be bereunlo affixed this 29th da~ of Auqust
THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA, I ss.
CITY AND COUN'I~' OF SAN FRANCISCO
On tl~is 29~Zhday of Auqus t 19 78 . before me personall~ came_ W111lam W. Lauher .
IO me known, who. being by me duly sworn, did depose and say: Ihat he is Vice-President of'THE AMERICAN INSURANCE COMPANY,-the
~orpo, rallon descr*be,d Lnand which executed he above mstrument: tha ne knows he ~eal of said Corporatnon: that ~he seal affixed o thc sa d mstrumem
~s SUCh corporate sea~: trial ~l was so affixed by order of the Board of D~reclors of said Corporation and that he signed his name Ibereto b:, like order.
N
I, 9, ITNESS WHEREOF. have hereunlo set my hand and affixed my official seal. the day and ~.ear here n firsl above u. ritlen.
SUSIE K. GILBERT --= ,'
HOTJRY Pt~UC - CALIFORNIA -'
'~igned and sealed ~I the Cily and CounL,, of San Fr~nosco.'Da ed the ,// ~ of
*'* ' 2265
Premium:
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/W_e £astlake Development Co.mpany
aS the subdivider and Principal, and the Developers Insurance Comp,,.¥ --
a Corporation of the State of California
firmly bound unto the City ~ m~,,~ ,,~ .... ,.as Su~
County of San Diego, State ~ ~u~= vls~a, a municipal corporation, in
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 5iqht Thousand Three Hundred Thirty Two dQllars
($ 8,332 ) lawful money of the United States of America, to be paid
th~ said City of Chula Vista.
~" STATE OE CAL*F N*A }ividing
.- "COUNTYOFAtIF~a~C~ I In in the
uanuary 27, 1986
~ ~ personaJly appeared Dau~d
On~ents
~ ~d desires
atsatisfact°~evidence) t°bethepersonswhoexecutedthew~thininstrumentas~ its
~Presfdenl ~~~, on ~half o~ Da~~
~ati°nmerei~named, andaekno~ledgedlomemalsai~ that if the
nowleaged ~o me that ' ument and a ~ sta, refer-
ch Pa~nershrp executed the same as herein as
Signature~ ~ of ~e City
~[s bond, on
~ing completion
C~PORA~ON _ _ _ (This area for officia~ notarial seaO Jthen ~e
Jd effect.
O,~~} ANY
~,,,o,~]~ ,,~.,~,a DAVID C. BANFER ro~ ~id Statc. uh~, Jr. , Pres.
N? 012570
, POWER OF A;rTORNE¥
· DEVELOPERS INSURANCE COMPANY
P.O. Box 3343, Anah¢im~ Calif.. 92803
KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, A corporation, duly organized and existing under thc laws of the
State of California. and having its Home Office in the City of Anaheim. California. does hereby make, consfitute and appoint
David C. Banfer
its true and law~'ul Attorney(s)-in-Fact. to make. execute, seal and deliver for and on its behalf as surer), any and ali bonds or undertakings in an amount not
exceeding $1.500.000 in an)' single undertaking in accordance with its charter and to bind the corporation thereby as full), and to the same extent as if such bonds
were si~ned by the President. sealed with the corporate seal of the corporation and duly attested by its Secretary. hereby ratifying and confirming the acts of
Attorney(s)-in-Faet ma)' do to these presents. '
This power of attorney is gran ed pursuant to Article IV. Section I 1 and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtieth day
by an)' Secrelary or ahen ~igned by the Cha rman of the Board. the P~esident. any Vice Presid(nt or an5 Treasurer and countersigned and sealed, if a seal is
DEVELOPERS INSURANCE COMPANY
COUNTY OF LOS ANGELES ss. au . Grit'in, Jr.. Secretar2~'/~
On this fifth da) of December. 1984. betore me personall~ came Paul E. Griffin. Jr. to me kno'~n gho being by me dui) sworn, dd depose and say: that he is
MARY ROSEN J( BY: '
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
I the undersigned Vice-President of DEVELOPERS INSURANCE COiS, IPANY. a California corporation. DO HEREBY CERTIFY that the foregoing and attached
Signed and sealed at Anaheim. California, this 2 ;4 t h day of d a n ua p y 19 8 6
'lhomas H T)r~ell, Jr. ExeCutiVe Pres4dent~''
DEVELOPERS INSURANCE COMPANY, 1995
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMEN.~.
This Supplement is made and entered into this 28th day
of January t 1986 by and between the City of Chula Vista,
a municipal corporation, hereinafter called the "City" and
EastLake Development Company, a Calif6rnia limited partnership,
hereinafter called the "S ' ' .,
ubdlvlder,
W I T N E 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. 10, 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.
R-12347
C
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.
-2-
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 .o.,ul h city of
Chula Vista
Approved as to form by:
Assistant City Attorney (Attach Notary
Acknowledgement )
1088a
--3--
STATE OF CALIFORNIA )
} S.S.
COUNTY Of SAN DIEGO }
T I ~ ' ~=-/'/ ~~
ON H S '~ ; DAY OF ~ 2' ' - ' _~, BEFORE
ME, THE GNED, IN AND FOR SAID
COUNTY AND STATE, PER'~ONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TOTE ON THE BASIS
~RY EVIDENCE} TO BE THE Sr. Vice President
OF EastLake Development Co. , 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.
NOT~y PUBLIC Ai~D ANb 'FO~, ~ID
COUNTY AND STATE
MY COMMISSION EXPIRES