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HomeMy WebLinkAboutReso 1986-12376 RECORDING REQUESTED BY 0 86-073373 I,nnle ~. Fuhsz, City Clerk P. O. Eox 1087 RESOLUTION NO. 12376 Chula Vista, California 92012 RESOLUTION OF THE CIT COUNCIL CITY C~ULA VISTA APPROVING THE FINAL ~AP ~OR CH~A.yERAI..LYLE VISTA TRACT 84-9, EASTLAKE NIT 1~-UUNT¥ ACCEPTING ON BEHALF 049 THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING THE DRAINAGE EASEMENT, 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 15, and more particularly described as follows: Being a subdivision of a portion of Section 27 and Section 34, Township 17 South, Range 1 West, San Bernardino Meridian in the City of Chula Vista, County of San Diego, State of California, according to the United States Government Survey approved October 25, 1883. No. of Lots: 47 No. of Units: 46 Area: 7.91 acres is made in the manne.r 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: Clearwater Place and Stonecreek Place and said streets are hereby declared to be public streets and dedicated to the public use. 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. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easement with the right of ingress and egress for the construction and maintenance of drainage facilities, 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 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 February, 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 13th day of February, 1986, providing for approval' of the Final Map for EastLake I Unit 15 prior to approval of improvement plans, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Charles R. Gill, Assistant Public Works/City Engineer City Attorney 1079a 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 February, 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 13th day of February, 1986, providing for approval of the F~nal Map for EastLake I Unit 15 prior to approval of improvement plans, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by J~n.P. Lippit~/ Director of Charles R. Gill, Assistant ~dbllc Works/City Engineer City Attorney 1079a ADOPTED AND fiPPROYED BY THE CITY COUNCIL OF TH[[ C~TY OF CHULA ¥/STA, CALII~ORNiA, this 13th day of February 19 _ 86 , by the following vote, to-wit: AYES: Councilmembers Moore, Malcolm, Cox, McCandliss NAYES: Councilmembers _ Scott ABSTAIN: Counci lmembers None ABSENT: Councilmembers None /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 Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12376 ,and that the some has not been amended or repealed. ]ATED February 17, 1986 ]C-G60 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th do)/ of.. February/ 19, 86 , by the following vote, to-wit: AYES: Councilmernbers Noore, Malcolrn, Cox, McCandliss NAYES: Counci ]members Scott ABSTAIN: Councilmembers None ABSENT: Counci 1 members None City of Chuk3 Vista 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, )O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12376 ,and that the same has not been amended or repealed )ATED (seal) City Clerk ;C-660 SUBDI%rXSION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of February , 19 86 , b~ and between THE CITY OF CHUIA VISTA, a municipal corporation, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San Diego, California 92101 hereinafter called "Subdivider"; w ITNE SS ETH : 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 15 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~nent 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 recordatioa 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 17th 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.85-558 through 85-568 inclusive 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 THREE HUNDRED NINETY TWO THOUSAND SIX. HUNDRED DOLLARS ($1,392,600). 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. -2- 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE MILLION FORTY-FOUR THOUSAND FOUR HUNDRED FIFTY DOLLARS ($1,044,450.00) 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 ONE MILLION FORTY-FOUR THOUSAND FOUR HUNDRED FIFTY DOLLARS ($1,044,450.00) 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 sum of ELEVEN THOUSAND FORTY-FIVE DOLLARS ($11,045.00) 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. -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. -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 ~.sY~i ~f~i 'o ~la ~'~[~J ' l~'~ Approved as to form by ~'~ity Attorney ~/ (Attach Notary Acknowledgment) -5- STATE OF CALIFORNIA )s.s. COUNTY OF SAN DIEGO ME, THE UNDERSIGNED, A NOTA~ IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED 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 P~RTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. NOTARY PUBLI'C AND AND ~:0~ COUNTY AND STATE MY COMMISSION EXPIRES LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $1,044,450.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,044,450.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $11,045.00 Securities approved as to form and amount by ~ls~an~' · Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT This Supplement is made and entered into this 13th day of Februar~ , 1986 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 ubdlvlder, wi 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 EastLake I, Unit No. 15, 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. principie3. It is further agreed by the parties hereto that the 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 WIT~ESS 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 City ClerkJ' ~ Approved as to form by: Assistant City Attorney (Attach Notary Acknowledgement) 1088a -3- STATE OF CALIFORNIA ] )s.s. COUNTY OF SAN DIEGO ) ME, THE ONDERSlGNED, ~ IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Robert Santos KNOWN TO ME {OR PROVED TO--siS ~RY EVIDENCE) TO BE THE Sr. Vice President OF EastLake Development Co. , A 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. ANI~ FOI~, SAID COUNTY AND STATE MY COMMISSION EXPIRES Bond No. SC 712 97 9l Prem. $10,444. WHEREAS, The City Council of the City of Chula Vista, State of California, and TDE FIELDSTONE COHPANY ~ed as- ~tered ~ agreement whereby principal .. agrees to install and complete certain designated public improv~l~nts, which said agreement, dated ~)~'~/~7 ~ /~ 19 ~ , and identified as project EASTL~KE ~ UNIT~ 4,5,1b & 16 referred to and made a part her~-~; 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 ~RICAN INSURANCE COMPANY , as surety, ar~'. held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of ONE ~I~LLION FORTY-FOUR ~iOUSAND FOUR HUNDRED FIFTY ....... 3 .......... ~ollars ( $3,044.450.00 ) 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 chanac, extension of time, alteration or addition to the terms of th~ 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 where'of, this instrument has been duly executed by the principal and surety above named, on DECE~BER 13 19 ~ 85 Tile FIELDSTONE CO~PAN¥ Ti{E .%MERICAN INSUiCANCE COMPAN~f HELEN MALONE'f, ATTORNEY-iN-FACT Contractor Surety APPROVED AS TO FORM: ATTORNEY IN FACT ACKNOWLEDGMENT ... STATE OF CALIFORNIA ~ ss co..,y ....................... I ' . 16TH DECEMBER 19 8 5 On th,s ............ -S~..-~,f ]~.......day of in the year .................................................................... before me, a Notary Public in and for said a--eared HELEN M-~LONEY County~.~S a e of Ca fornia, residing therein, duly coma ss oncd and sw'orn, personally vv ........................................................................................................................................ ~e~ersonally known to me, [] proved to me on the basis of satisfactory evtdenc~ to be the person whose name is subscribed to this instrument as the attorney n fact of~]~ ~g2_.~CA~ I~SU]~a~CE CO~IPANY and acknowledged to me that [] he}{~she subscribed the name of ..m_T..~E . ~:~ I?---,~N..... ']'NS.~:~3,.~CE .C.Q~'~.~.~. thereto as surety, arid [] his ~er own name as attorney in fact. 1N WITNESS WHEREOF, ] have hereunto sel my hand and affixed my official seal, the day and year stated in this certificate above. .r~ [ .[?~>;~.~ ~?; t:~'~,R¥ ?L'~L!C-C~Ll~O~:it.~ ~ Notary Public /,, .............. (/ STATE OF CALIFORNIA COUNTY OF SaD. Dioqo ~ SS. On Docom~or ].7 t '19~5 before me, the undersigned, a Notary Public in and for said State, personally appeared Giro. H~nson within instrument and acknowledged that h~, exe- cuted the same. WITNESS my hand and official seal. Sigrlatur~~t'/'~'~- ~ ~''' ~'~'~-~ (This area for official notarial seal) 'ro~,,-~-y' , THE AMERI.CAN INSURANCE COMPANY0 ~ ~ iOW , O 531 THESE PRESENTS: That THE AMERICAN il~SURANCE COMPANY, a Corporation duly ~ ~ ....... HELEN MALONEY ..... . to bind the Corporation lhereby as fully and o he same extenl as if such bonds were signed by the Presidenl. sealed w h the corporate seal of he -- ' potation and duly attesled by ils Secretary. hereby ratifying and confirming all that the said ,~ttorney(s)-in-Fact may do in he premises. ~el~a~erei~c~Itorney is granted pursuant to Article VIII. Seclion 30 and 31 of By-laws of THE AMERICAN'INSURANCE COMPANY no'~ in full ticle VIII, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. ~ction 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of clots, ~e 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 appearances for and on df of the Corporation. ,. lion 31, Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in.Fact, and Agents shall be as prescribed in thc instrument lencing 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." s power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE ERICAN INSURANCE COMPANY at a ~nded or repealed: meeting duly called and held on the 28th da:, of Seplember, 1966. and said Resolulion has not been ~SOLVED. thal the signs ute of any Vice-President. Assislam Secrelary. and Residem Assislant Secrelar.. of this Corporalion. and he sea of this imile, and any po~er of anorney, any r~vocalion of and binding upon the Corporalion.:' ;ITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presenls 1o be signed by its Vice-President. its corporate seal to be hereunto affixed this ~Is~ dayof_ 0ctob~r 19_.~  ~ THE AMERICAN INSURANC~E COMPANY STATE OF CALIFORNIA C'Ol. th'T'i' O F ),L,~d~IN ,is 21st dayof October , 19--85 · beforemepersonaUvcamc Richard Williams · known, who, being by me duly sworn, did depose and say: thai he is Vice-Presidenl o~THE~MERICAN NSUR~NCE COMPANy, Ihe Cor] /ITNESS WHEREOF. I have hereunlo scl my hand and affixed my official seal. the da~, and year herein first above written. 1 .--=.~ OFFICIAL SEAL STATE O~ C.ALL~OflNIA ~ed and sealed at the County of Marin. Dated ~hel6TH day of DECEMBER 1985 SC 712 97 91 0.D FOR A.D WHEREAS, the City Council of the City of Chula - ~ Vista, State of California, and THE FIELDSTONE CO~IPANY (hereinafter designated as %'Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improve~lants, which said agreement, dated ~,~ /~ 19. ~ , and identified as project EAST~AKE ~ UNZT~ 4,b,lb & 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 Proced,~re in the sum of ONE ~4ILL~ON FO~ v . ~- T~-FOUx TitOUSAND FOUR HUNDRED FIFTY ............. d~llars ($_1t044,450.00 ), 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 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~.I~ER 13 19 85 THE FIELDSTONE COMPANY THE AqERICAN INSURANCE CO~4PANY' HELEN 5!ALONEY, ATTORNEY-TN-FACT Contractor Surety APPROVED AS TO FORM: City Attorney PW-E-34 ,A'FI'ORNEY 1N FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of ..~,,~......~,_.:~.~ ............................ n s ................................................................. aay oi ........................................... ................. in the year ......................................................... before me, a Notary l:Mblic in and for said .................... ~[].-~.~.~. ................................................................................... County, State of California, residing therein, duly commissioned and swo~, ~rsonally to be the pcrson whose namc is subscribcd to this inst~ment as the attorney in fact of . . .... ~?~-, ,~'~ ~.~.,~.~ ~1'~ and acknowledged to me that ~ be ~e subscr bed he name of ~ ~,~-~;.~.-...~-~.~?~--.-~.~;~;-~ ............. ~_ surety, and ~ his ~er 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 ce~ificate above. STATE OF CALIFORNIA COUNTY OF San Diego ~ ss. On December 17, 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared ,Tim , personally known to me or proved to me on the basis of satisfactory evidence to be the erson__whose name is subscribed tothe within instrument and acknowledged that ~ exe- ~ ~ JUDITH A MEYNCKE cured the same. ~ i~ ,OTA~ PUSUC ' CAU~O~N'A WITNESS my hand__and official seal. ~ '~57 SAN DIEGO Signatur ~ (This area for official notarial seal) )WER OF ~ro~y' THE AMERICAN INSURANCE COMPANY' ,. .. , - u 535 iOW ~LL MEN BY THESE PRESENTS: That THE AMER~CAI~ Ib~$URANCE COMPANY, a Corporation duly organized a'nd existing under the ;s.'of ~.he S!a? of. New Jersay. and having its principal office in the City and County ut San Francisco. California. has made. constilulcd and "--"--HELEN M^LONEY ..... . ' to bind the Corpora on thereby as fully and to the same extent as if such bonds were signed by he Pres dent. sealed w Ih the corporate seat of the ~orat on and duly attested by its Secretary. hereby ratifying and confirm ng ali ha the said Allorney(s)-in-Fac! may do in Ihe premises. .eP~a~deerl~c~ttorney is granted pursuanl to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN' INSURANCE COMPANY nou. in full :tick VIII, Appointment and Authority Assistant secretaries, and Attorney.in-Fact and Agents to accept Legal Process and Afake Appearances. ~ction 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Attorneys-in.Fact lo represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on mil of the Corporation. tencing their appointment, and any such appointment and ail authority granted thereby may be revoked at any time by the Board of Directors or by p~rson empowered to make such appointment." ~ power of attorney s s gned and sealed under and by the authorhv of he roi ow ng Resolution adopted b~, the Board of Directors of THE ERICAN INSURANCE COMPANY at a meeting duly ca led and h~ld on the 28th day of Seplember. 1966. and said Resolulion has nol been ~ESOLVED. [hal the signalure of any Vice-President. Assistant Secretary. and' Residenl Assislam Secretary of this Corporation. and Ibc seal of this ~poralion may be afffxed or printed on an) power of attorney, on any revocation of an, owe · , ~.~m~ea.~a.nd~.any pod. er. of~altorney, any revocaho, of any power of a lornev or cer fic~ Pe ~.o~r. off~ a.!!~o?~,. 9r .,o. an> cert,ficate r~la!,ng therelo b~, ~,VITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-Presidem. its corporate seal to be hereunto affixed this 21st day of __ October ._ ~ ~ THEAMERICAN INSURANCECOMPANY By STAT~ OF CALIFORNIA COUNTY OF MA]~N } ~. !his ~-St -- dayof . October ~9 85 , before me persona[l), came Richard Williams be known, who, being by me duly s'~orn, did depose and say~ that he is Vice-Presidenl of THE AMERICAN iNSURANCE COMPANY. Ibc Cor: ~qTNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and ~,ear herein first above ~,rillrn. SUSIE K. GILBERT Mt Corr, misslon fa;ires Nor. t7. 1988 STATE OF CALIFORNIA } COUNTY OF MAiMN ne undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEVs JERSEy Corpora{ion. DO liER[ B': CER- ned and sealed at the County of Matin. Dated (hel6TH_ day of D~CEMBER , 1985 Bond No: 919476S Premium: $44.00 KNOW ALL MEN BY THESE PRESENTS, That I/W.e EastLake Development Co.mpany ~ the subdivider and Principal, and the Developers Insurance C, omp~'~y a Corporation of the State of California , as Surety, are held and firmly bound unto the City of' Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the br~ach of the con- ditions hereof, in the penal sum of Eleven Thousand Eorty FiPe ($ 11,0~5 ) lawful money of the United States of America, to be paid to th~ said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing =ertain lands to be known as EastLake I - Unit 15 subdivision in the ."ity of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution_ 12376 , and 1 on ents ~ 0~i ~3~ .d desires COUNTY O~__~ a~e~ ~ O,l~ Ja~ua ry 2 7 ~. .l 9 8 6 betore me. the undersigned a Notaw Public in and for said State. personally appeared__ Davld B. Kuhn, Jr. that if the ~ Dell and ~ , personally known lo me (or proved 1o me on the basis name Of of satistactow evidence) to be the persons who executed the within instrument as it S COpy O f --, eta, refer- the c°rp°ration therein named, and acknowledged to me ~hat sald herein as corporation executed the within instrument pursuant to its by- !,{ laws°raresolutionotitsboardofdirectors, saidcorporationbeing ~ of the City ~ known to me to be one of the partners ot~j~Lake ~S bond, on "_D~C~ny /~ng completion the Pa~nership that executed the within instrument, and ack--~ then the nowiedged to me thai such corporation executed the same as effect. such padner and that such pa~nership executed the same. WITNESSm hand and official sea ereu-r~to set ,iSignat ure~~ (This area for official notarial seal, ~ COUNTY OF SS. I04 (REV. 2/85) . 'DEVELOPERS INSURANCE COMPANY'.O0. P.O. Box 3343~ Anaheim, Califi. 92803 " g,~.~)~ EXPIP~TION DATE: December 31, 1986 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 Rome Office in the City of Anaheim. California, does hereby make. constitute and appoint David C. Banfer its true and lawful Attorney(s)-in-Fact. to make, execute, sea[ and deliver for and on its behaff as surety, any and all bonds or undertakings in an amount not exceeding $I.500.000 in any single undertaking in accordance with its charter and to bind thc corporation thereby as fully and to the same extent as if such bonds were signed 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-Fact may do to these pre~ents. This power of Attorney does not cover the foH~wlng: Bank depository bonds, mortgage defic ency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, warehouse bonds, self-insurer's bonds fidelity bonds, bail bonds, wage ]aw bonds, and fiduciary bonds. This power of attorney is granted pursuant to Article IV~ Section I l and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtiett~ day of March. 1979. and now in full force and effect. Article IV, Appointment and Authority of Residen Ass stant Secretaries. and Attorney-in-Fact and agents to accept Legal Process and Make Appearances. Section II. The Chairman of the Board. the President. any Vice President. any Secretary or any Treasurer may appoint attorneys-in-fact or agents with power and authority, as defined or limited to their respective power of attorney, for and on behalf of the corporation to execute and fieliver, and affix the seal of the corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove such attorney-in-fact or agent and revoke the power and authority given to him. Section 12. Any bond. underlaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporaPon when signed by the Chairman of the Board. the President. any Vice President or any Treasurer and duly attested and sealed, if a seal is required. by any Secretary or when signed by the Cha rman of thc Board. the Presifiem. any Vice President or any Treasurer and countersigned and sea]ed, if a sea] is ~equired by a du y authorized attorney-in-fact or agent and any such bond. undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required by one or more attorneys-in-fact or agents pursuant to and within the [imits of the authority granted by his or their powers of attorney. This power of attorney is signed and sealed under and by authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on the third day of August. 1982. and that said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President or Assistant Secretary of this corporation, may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or certificate bearing such facsimile signature but shall not be yard and binding upon the corporation unless the sea] of the corporation is affixed on such power of attorney revocation of any power of attorney, or certificate bearing a facsimile signature." NOTICE: 1. This Power void unless corporate seal perforates power next to signalures. 2. This Power void if altered or erased, 3. Po~er of attorne', should not be returned to A/tornevdn-Eact. but should remain a permanent part of the obligee's records. iN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary. and its corporate seal to be hereunto affixed this fifth day of December, 1984. DEVELOPERS INSURANCE COMPANY STATE OF CALIFORNIA BY~ COUNTY OF LOS ANGELES ss. E. Griffin. Jr,. Secretarg~/.~ On this fifth day of December. 1984. before me personally came Paul E. Griffin. Jr., to me known who being by me duly sworn, did depose and say: that he is Secretary of DEVELOPERS INSURANCE COMPANY. the corporation described in and which executed the above instrument; that he knows the seal of said corporatton; that the seal affixed to the said instrumen s such corporate seal; that it was so affixed by order of the Board of Directors of said corporatmn and that he signed his name thereto by like order. ARY ROSEN ]~ BY: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss, I the undersigned Vice-President of DEVELOPERS INSURANCE COMPANY. a California corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article IV, Sections I ] and 12 of the By-laws of the corporation, and the Resolution of the Board of Directors. set forth in the power of attorney, are now in force. Signed and sealed at Anaheim, California. this 24th dayof January ,19 8~ . Thomas H. Ty~'elh Jr., Exe2uti~e President ~ * © DEVELOPERS INSURANCE COMPANY, 1985