HomeMy WebLinkAboutReso 1986-12358 P. O. Box 1087 RESOLUTION NO. 12358
Chula Vista, C~or~a 920 86-055518
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL SUBDIVISION MAP OF
CHULA VISTA TRACT 85-10, EL RANCHO DEL REY
....._.j
UNIT 6E, ACCEPTING ON BEHALF OF THE PUBLIC 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 AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
. /.-
EXECUTE SAME NO FE~///~.~
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 85-10, EL RANCHO DEL REY UNIT 6E, and
more particularly described as follows:
Being a subdivision of Lot WR" and portions of Lots 322
and 323 of Chula Vista Tract 80-5 Unit C, in the City of
Chula Vista, County of San Diego, State of California,
according to Map thereof No. 10988 filed in the office
of the County Recorder of San Diego county on July 5,
1984
Area: 1.392 acres No. of Lots: 9 No. of Units: 9
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
East "J" Street and said street 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 sidewalk ramps and pedestrian access,
and street tree planting and maintenance, all as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
-1-
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 sidewalk ramp and pedestrian access and street tree
planting and maintenance 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 the City Clerk be, and she
is hereby directed to transmit said map to the Clerk of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 13th 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 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
1208a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 4th day of February
~9 86 , by the following vote, to-wit:
AYES: C0unci]members McCandliss, Scott, Moore, Cox
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Council members Malcolm
/s/Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST. /s/Jennie M. FUlasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thot the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12358
,and that the some has not been amended or repealed.
DATED. February 5, 1986
(seal) ~' City' C~rk ~' ~r_¢}'
CC-660
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this, 4th d(ly of February
19 _. 86 , by the following vote, fo-wit:
AYES: Councilmembers McCandliss, Scott, Moore, Cox
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Council members Malcolm
· May~ of 0tl~e City of Chula Vista
ci, C,erk J
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thot the above and foregoing is o full, true and correct copy of
RESOLUT[0N NO. 12358
,and that the some has not been omended or repeoled.
DATED
(seal) City Clerk
CC-660
07Z
SU~DI~SION IMP~0~ENT AG~F2~ENT
"7 ~ THIS AGREEMENT, made and entered into this ~/~'~/day of
/~ , 19 86 , by and between THE cITY 'OF CHULA
VISTA, a muhicipal corpor--~on, hereinafter called "City", and
EL RANCHO DEL REY, A California Corporation, 690 Otay Lakes Road,
Chula Vista, California 92010
hereinafter called "Subdivider";
w I TN E S S ET 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
EL RANCHO DEL REY UNIT 6E
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.12069 , approved on the
2nd day of July , 19 85, and
Form No. CA--410
Revised 12/82
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared, submitted to and approved by the
City Engineer as shown on Drawings No.85-425 through 85-426
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 TWENTY
EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($28,500.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to the
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvements and/or land development work required to be
done in and adjoining said subdivision; and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the required improvements,
and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdi-
vider will cause all necessary materials to be furnished and all
improvements required under the provisions of this contract to be
done on or before the third anniversary date of the recordation
of the map of said subdivision.
4. It is expressly understood and agreed that Subdi-
vider will perform said improvement work as set forth hereinabove
or that portion of said improvement work serving any buildings or
structures ready for occupancy in said subdivision prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certi-
fied in writing the completion of said public improvements or the
portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
-2-
5. It is expressly understood and agreed to by Subdi-
vider that, in the performance of said work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
~greement, an approved improvement security in the sum of FOURTEEN
THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($14,250.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of
FOURTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($14,250.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof.
8. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the su~ of ONE
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00)
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.
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-
2076
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: EL RANCHO DEL REY
Vista~May°r ~f ~he Cityf°f Chula~ - ~(.p~. ~ -~
Approved as to form by
(/~tY Att°r '71~
SAFECO
TITLE INSURANCE
STATE OF CAUFORNIA
COUNTY OF ~-oJ /~f6-~:-- ~-- ~"-_~;~ S.S.
Onthisthe /~ dayof~~ 19~ beforeme,
the undersigned, a Nota~ Public in and for said ~un~ and Slate, FOR N~ARY SEAL OR STAMP
pe~nally ~peared
.~/~ ~. ~L/~ per~nally
known to me or prov~ to me on the basis of satisfacto~ evidence to be
the ~ c ~ President, and ~ ~3 U ~ ~ ~
~-//~_ ~ ~. ~/~ ~, ~ ~rsonally
known to me or prov~ to me on the basis of satisfacto~ evidence to be )[/~w~N~ ~/~ LESLIE SIMMS
instrument on ~half of the m~ration therein name, and acknow- ~ ~~o~ires J~ 5,
I~ged to me that such ~ration execut~ the within instrument
pursuant to its by-laws or a resolution of its ~ard of directors.
Si~natum~
077
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $14,250.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $14,250.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $1,500.00
Securities~approved as to form and amount by
·
ty Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
BOND NO: 731 55 28
~ 0 7 8 BOND 'PREMIUM: $143.00
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and~AcT~T
S~DT~O ~ q711~ - ~h~nafter designated ~s
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 ., and identified as project CHULA VISTA TRACT 85-10, EL RANCHO
DEL REY UNIT 6E , is hereby
referred to and made a part-.hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and THE AMERICAN
INSURANCE COMPANY - 2550 5TH AVE, SAN DIEGO, CA 92105 , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of FOURTEEN THOUSAND TWO HI~AIDRED FIFTY ANE
NO/100 ................................. dollars ($ 14.250.00 )
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 jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to t~e ~or~ to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the ac~s bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument' has been duly
executed by the principal and surety above named, on
DECEMBER 31, , 19 85 -"
]~ACTVTC RCRNE. ];N~. TMK AMERTCAN INSURANCE COMPA~IY
I NANCY E. GZR, ATTORNEY~IN-FACT
Contractor Surety
City Attorney
PW-E-34
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA ~ ss.
County of ................ ~....I~I F~GQ ..........................
31st ~a of DECEMBER . .
On Ihis o y th. year 1985 before me a Notary Public in and for said
SAN DIEGO
County. State of California, residing therein, duly commissioned and sworn, personally
a eared NANCY E. GROVER
PP ........................................................................................................................................................... ~persunally known to me, [] proved to me on the basis of satisfnctory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of..,........~.._~ ~.~.~.~.....~Q~Mi~.~ .......................
and acknowledged to me that [] heir] she subscribed the name of ........~.~]~...~k~]~I~,I.~A.~......IIxISJ. IRAiqC.E...COI~?Alkv/ ................................................. thereto as
surety, and [] his ~ her own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ·
GI~NER,~L~'
, POWER OF
A'rroR×z¥ THE AMERICAN INSURANCE COMPANY
appointed, and does by these pre'~enls make. conslitute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
ils true and lawful Attorney(s)-in-Facl. with full power and authority hereby conferred in its name. place and stead, to execute, seal. acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ............................
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the Presidenl. sealed with the corporale ~eal of the
Corporation and dui'~ attested by its Secretary hereby' ratifying and confirm ng ail that the said Attorney(s)-in-Pact may do in the premises,
This bower of altorney is granted pursuant to Article VIH. Section 30 and 31 of B~-Iaws of THE AMERICAN INSURANCE COMPANY now in furl
force and effect.
This power of attorney is signed and sealed under and by the authority of the following Resolution adopled by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
amended or repealed:
"RESOLVED, that the signature of any Vice-President. Assistam Secrelary. and Re~,idenl Assistant Secretary of this Corporalion and the seal of Ibis
Corporation may be afl~xed or printed on any power of auorney, on any revocation of any pov,,er of attorney. ~r on any certificate relating thereto, by
facsimile, and a~s power of attorney any' revocation of any power of al~ornev or certifica e bearing such facsimile signature or facs m e sea shal be
valid and binding upon the Corporalion."
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these 'presems to be signed by its Vice-President.
~nd its cor~ra~e seal ~o be hereunto a~xed this 29th day of Auqust 19 78
STA~ OF CALIFORNIA,
CITY A~D COUNt' OF S~N ~ANCISCO
m lhi~ 29~hday or Auqus ~ 19 78 , ~fore me personall, ~ame Wi 11 ~ am W. Lauber
to m= known. ~ho.'~ing by me duly s~orn, did depose and say: that he is Vice-~esideni of'THE AMERICAN INSURANCE COMPANY.
Cor~ralion descried in and ~hich execuled the above instrument: that he knows Ibc seal of said Corporation: lhat the seal a~xed 1o the said inslrument
is6uch cor~rale seal; that il ~as 5o a~xed by order of Ibc Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. ] have hereumo set m~ hand and a~xed my o~cial seal. Ihe day and year herein first above wriuen.
i~ SUSIE K. GILBERT i "'
= ~ ~ C~s~ b~l ~. 17, 1980 ~ CERTIFICATE
STATE OF CALI~RNIA.
f
CITY AND COUNTY OF SAN ~.kNC[SCO
E the undersigned. Assistant Secre~ar~ of THE qMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. ~ HEREBY CERTIFY
~hat file foregoing and attached ~N('ER OF A~ORNEY remains m full force and ha~ nm been revoked and furthermore that Article VIII.
Sections 30 and ?1 of lhe B>-Ia~s of Ihe Corporation. and the Resolution of lhe Board of Directors. Sel forth in ~he Po~er of Atlorney. are
~gnad and s~at~d at th~ eib and Coun15 of San Francisco. Dated Ih~/ d~>of
2081 ~0~0 NO: 731 55 28
· BOND PREMIUM: INCLUDED
BOND FOR ~TERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and PACIFIC SCENE, INC., 3900HARNEy
.STREET, SANDIEGO, CA 92110 (hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19. , and identified as project_.CHULA VISTA TRACT 85-10 - EL
.RANCHO DEL REY UNIT 6E -P , 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 qood 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 FOURTEEN THOUSAND TWO HUNDRED FIFTY AND
N_O/100 .......................... d~llars ($ 14.250.00 ), 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 ~mount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing 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, other%cise 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
DECEMBER 31 19 85
.PACIFIC SCENE~ INC.. THE AMERICAN INSURANCE COMPANY
NANCY E. GRO~/ER, ATToRNEY:IN-FACT
Contractor Surety
APPROVED AS TO FORM:
City Attorney
PW-E-34
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of ......~.~[....D.I ~{~ ...................................... ~ ss.
............. ................. ..... ................................... he o emea oary h,, nand orsaid
appeared ~ANCY E, GRQVEK ~ ,a res d ng there n du y corem ss oned and sworn, persona y
to be the person ............................................................................................................................................ whose name is subscribed to this instrument as the attorney'~'APers°nallYin known to me, [] proved to me on the ba$i~ of ~tisfaetory evidence
and acknowledged to me that [] heir] she subscribed the name fact of ...................... ~.]~....A~E,RT~]~....T~8~.C~_~,.01~_~ ...........
of .._...~LF~...~MLE_,~.C~....~Si/R~C.E.....Ci~.A_?,~ ....... thereto as
surety, and [] his [~ her own name as attorney in fact
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year stated in this certificate above.
.................. - · ..,........:....~5..z ......................... :a..........r:...Z.f .............. i.........~:_ ..........:.~..L..~ .....I ............
GkNERAE
~POWER ~F
ArroR.~[¥ THE AMERICAN INSURANCE COMPANY
KNOW' ALL MEN BY THESE PR~ENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the
laws Of the State of New Jersey. and having its principal office in the City and County of San Francisco, California. has made, constituted and.
appointed, and does by these presents make. cons6tutc and appoint
~AYNE G. PLAZAK and NANCY E. GROVER
jointly or severa]]y
its true and lawful Attorney(s)qn-Fact. with full power and au horley hereby conferred n s name, p ace and stead, to execute, seal. acknowledge and
deliver any and all bonds, unden, akings, recognizances or other written obligations in the nature thereof ............................
and to bind thc Corporation thereby as fully and to the same extent as if such bonds were signed by the Presidenl. sealed with the corporate seal of the
Corporation and duly attested b:, its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact ma), do in the premises.
This power of attorney 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 authorit) of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th da)' of September. 1966. and said Resolution has not been
amended or repealed:
"RESOLVED, that Ibc signature of an)' Vice-President. Assistant Secretary. and ReSident Assistant Secretar~ of this Corpora ion and he seal of this
facsimile, and any power of attorney, any revocation of any bower of ~Itorney. or certificate bearing such facsimile signalure or facsimile seal shall be
valid and binding upon the Corporation.~'
IN WITNESS WHEREOF. THE AMERICAN iNSURANCE COMPANY has caused these presents to be signed by ils Vice-President.
' ils corporate seal to be hereunto affixed this 29th da)' of Auqust 19 78
THE A. MERICAN iNSURANCE COMPANY
STATE OF CALIFORNIA, } ss.
CITY AND COUNTY OF SAN FRANCISCO
O.~his 29thda¥ of At~USt 19 78 .before me personally came Wil 1 iam W. Lauber
lo me known, who. 'being by me due)7 sv. orn. did depose and say: that he is Vice-I:h'esidenl of THE AMERICAN INSURANCE COMPANY, the
Corporation described in and '~ hich executed the above instrument: that he knows the seal of said Corporation: ~haI ~hc seal affixed 1o the said instrument
is.such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name therelo by like order.
IN WITNESS WHEREOF. I have hereunto set m) hand and affixed my official seal the da) and year herein first above ~ritlen.
.,,,,,,,,,,,,,--,,,--,,,,,,,,,,,,,,,m,,,,,,,,,,,.. .
l,/~ SUSIE K. GILBERT l
~, ~7" ~-,) NOTARY PU~UI: - CALIFORNIA -- ..,,,.,. ,~,,
.-, V~:~'/ CJTY & COttNTY Of: SAM PRJU<ISCO ·
STATE OF CALIFORNIA, ~
CITY AND COUNTY OF SAN FRANCISCO
I. lbe undersigned. Assistanl Secretar) of THE AMERICAN INSURANCE COMPANY. a NEW JERS£Y Corporalion. DO HEREBY CERTIFY
that the foregoing and attached pOSVER OF A~FORNEY remains in full force and ha~ not been revoked and furthermore Ihat Article VIII.
Sections 30 and 31 of the By-laws of lhe Corporation. and the Resolution of the Board of Directors, set forth in the Pox~er of Attorney. are nov,'
in force.
,,ned and sealed at the City and Count) of San Francisco. Dated the -;;/ 'ia!. of 19__.
BOND NO: 731 55 29
208 4 BOND PREMIUM: $25.00
SURVEY MONUbtENT INSTALLATION BOND
A~qOW ALL btEN BY THESE PRESENTS, That I/We PACIFIC SCENE, INC.
as the subdivider and Principal, a-nd the THE AMERICAN INSURANCE COMPANY
a Corporation of the State of
_.. CAT.TFORNTA , 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 ONE THOUSAND FIVE HUNDRED AlqD N0/100 ........
($1,500.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
WHEREAS, .the said Principal is presently engaged in subdividing
certain lands to be known as TRACT-'t/85-10 EL RANCHO DEL RE~sion in the
City of Chula. Vista, in accordance with the Contract for Completion of
Improvements authbrized by Resolution_ /~ , and
WHEREAS, the said Principal desires not to set durable monm~_ents
prior to the recordation of the final map of the subdivision and desires
to get same at a later date,
NOW, THER~EFORE, the condition of the above obligation is that if the
Principal shall have set durable monuments of the survey by James A. Hutchison ·
(name of
, 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 mad is hereby made and same is incorporated herein as
..... ~= set forth'in full, and according to the ordinances of the City
--~ o~ect at the time of giving of this bond, on
~ ~8~ ..... ~ive days following completi¢
ATYORNEy IN FACT ACKNOWLEDGMENT ~ ~ - ~hen the
STATE OF CALIFORNIA
County of, .......~...~E~0 ................................... ~ ss.
On th s ............. ~S t
.................................. ~["~'~j ............... day oB.....p~ER ,
appeared N~x~C~'""~'"" ' '~':2 .............. ' 'n Ihe year ] oo ·
........................................ :...-..~9~ Co..,y Sta .................. "'~ .......... ' ' an
~ dged to me that r~ ~ __ o this instrUment a~ .~ '" ~ rsonally known to . d ly COmmissione d for
~.U. rety, and [~ bis f'~ be~ ~.- ~ ne [~ she SUbscribed t - -~ ~ the attorney in fact of me, [~ proYed to me on . d and SWorn. personal
N WITNEss Wt,~'~ ~ ' own name as attorn*,. · . h. -anne of ......... TIlE A/X~Eo ~-.~'7'j"~....~'v~j~lCAN ~_~.~?e basis °fsatJsfacto-.
'mat:OF I ~-- - ~: tn ~act. ' ......................... :~-~-.~AN ZNe~,._ '~".....a.~.'~URA~r.,, _ 'Y evidence
,,ave hereunto set my fiand a - ' ............... ~"~C~'"-'CO~t~.7"~&'"'L;O}/~Aa"/Tf ....................
na affixednly official seal the day an "~'"' .................. ] ............. thereto as
' ' d year stated in this certificate above
My commission e
PW-E-34
G~NERAL~
POWER OF
,~rOgNE,~ '- THE AMERICAN INSURANCE COMPANY ~ 0 8 ~
KNOW ALL '~'(~N BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation dul~. organized and existing under the
laws of the State of Ney, Jersey. and having its principal office in the City and County of San Franc sco. California. has made. constituted and
appointed, and does by these pre'senls mak& consmule and appoinl ' '
WAYNE O. PLAZAK and NANCY E. GROVER
jointly or severally
its true and lawful Attorney(si-in-Fact. with full power and authorily hereby conferred in its name, place and slead, to execute, seal. acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ............................
and to bind the Corporation thereby as fully and to the same extel as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by i~s Secretary. hereby ratifying and confirming all that the said Attorney(sI-in-Facx may do in the premises.
This power of attorney 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 autborit,,, of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th da~ of September. 1966. and said Resolution has no~ been
amended or repealed:
"RESOLVED. that the signature of any Vice-President. Assistant Secretary and Res den Ass s ant Secretary of this Corporation. and the seal of lhis
Corporation may be affixed or printed on any power of attorney, on any revocat on of any power of a orney; r on an:.' cer! ficate relating thereto, by
validfacsimile'and bindingand anYuponpoWertheOfcorporation.attorney, any.. revoca ion of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed b~ its V ce-Pres dent.
and ils corporate seal to be hereunto affixed this 29th day of Auqust 19 78
~ THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA, } ss.
CITY AND COUN'I~' OF SAN FRANCISCO
O~ tHi~ 291;hday of Auaus t .19 78 . b~fore me versonaH~ Jame. Wi 11 lam W. Lauber
to me known, who. being by me du)y s~orn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY. the
Corporation described in and which executed Ihe above inslrument; that he knows Ihe seal of said Corporation: that Ihe seal affixed lo the said inslrumen!
is such corporale seek thal il was so affixed by order of the Board of Directors o( said Corporation and thal he signed his name therelo h) like order,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. lhe da)' and year herein first above v. ritten.
1 [~' -Z~~l) I~OI'ARY I~I.K - ou~r-o~nlA --
I JlllllllltJllllllllllJl j~jjl j CERTIFICATE
STATE OF CALIFORNIA.
CITY AND COUNTy OF SAN FRANCISCO
I. the undersigned. Assislanl Secretar~ of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. ~ HEREBY CERTIFY
lhal lhe foregomg and attached ~WER OF A~ORNEY remains in full force and ha~ not been revoked and furlhermore that Article VIll,
Sections 30 and 31 of lhe Bv-la~s of lhe Corporation. and the Resolution of lhe Board of Directors. set forlh in the Po~er of Altorney, are now
in force. '
- ~gned and sea[ed at the C~ty and Count5 of San Francisco. Dated