HomeMy WebLinkAboutReso 1986-12377;ORDING REQUESTED BY
P. O. Box 1097 RESOLUTION NO. 12377
V{sm. Calffor~ia 9~ ......
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA] VERA ~ I~YLE
VISTA TRACT 84-9, EASTLAKE I UNIT
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, ACCEPTING THE
EASEMENTS, 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 16, and more
particularly described as follows:
Being a subdivision of a portion of Fractional Section
33 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: 90 No. of Units: 88 Area: 35.670 acres
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: Alderbrook
Place, Clearbrook Drive, Skybrook Place, Suncreek Drive,
Wildbrook Place and Woodspring 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 easements with the right
of ingress and egress for the construction and maintenance of
sewer and drainage facilities, 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 be, and she
fs 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 improvement~ 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 16
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
- ~ . Gill, Assistant
~blic Works/City Engineer City Attorney
1239a
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 16
prior to approval of improvement plans, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreements for and on behalf of the City of Chula
vista.
Presented by Approved as to form by
Lip~it~,' Director of C~a~rles R. Gill, Assistant
n P.
lic Works/City Engineer City Attorney
1239a
ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of February
19 .. 86 , by the following vote, to-wit:
AYES: Councilmembers... Moore, Malcolm, Cox, McCandliss
NAYES: Councilmembers Scott
ABSTAIN: Council members None
ABSENT: Counci 1 members None
_ /s/Gre~ory R. Cox
Mayor of the C~y 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,
)O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12377
,and that the some has not been amended or repealed
)ATED February 17, 1986
(seal) ~x City Clerk -
;C-660
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF'
CHULA VISTA, CALIFORNIA, this ].3 th day of Februar~v
19 86 , by the following vote, to-wit:
AYES: Counci]member$ Moore, Ma]co]m, (;ox, McCand]iss
NAYES: Councilmembers Scott
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
M(~yor of~the0Cify of Chula Vista
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)O HEREBY CERTIFY that the above and foregoing is o full, true ond correct copy of
RESOLUTION NO. 12377
,end fhaf the same has not been amended or repealed
)ATED
(seal) City Clerk
,'C-660
S[~DI~'ISION IMPR~ ~REF~N?
THIS AGRE~4ENT, made and entered into this 13th day of
February , 19 86 , by and between THE CITY OF CHU~A
VISTA, a municipal corpor-~on, hereinafter called "City", and
EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San
Diego, California 92101
hereinafter called "Subdivider";
WITNESS 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 16
pursuant to the provision of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agre~ent
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title
18 of the Chula Vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said
subdivision within a definite period of time prescribed by said
Council, and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public improve-
ment required by City in connection with the proposed subdivision
and will deliver to City improvement securities as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 11935 , approved on the
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
TH~EE HUNDRED NINETY TWO THOUSAND SIX HUNDRED DOLLARS ($1,392,600).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGRfED 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 ~ade 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 TWENTY
SEVEN THOUSAND ONE HUNDRED NINETY DOLLARS ($27,190.00)
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
COMPANY
Mayor of ,~he/~City of ~hula
Vista ~
/~/ ' City Clerk
Approved as to form by
~/~City Attorney ~' ~//~- (Attach Notary Acknowledgment)
_.-,v . / ? -7 '7-7
STATE OF CALIFORNIA )
)S.S.
COUNTY OF SAN DIEGO )
· THE UNDERSIGNED, A NOT,~'RY PUBLIC 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 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.
NOIARY PUBLIC AND AND FoR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES
4..
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: $27,190.00
Securities approved as to form and amount by
Assistant City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
. ~ ~/~b '7~': Bond No. SC 712 97 91
· . /~/~ Prem. $10,444.
BOND FOR FAITHFUL PERFORMANCE '~ /h
WHEREAS, The City Council of the City of Chula Vista,
State of California, and T_~FIELDSTONE COMPANY
~ered (hereinafter designated as
~agreement whereby principal .
agrees to install and complete certain designated public
improve~nts, which said agreement, dated
19 .~J~', and identified as project EASTL~KE Z UNITS 4,5,15 & 16
referred to and made a part hereof; an-~ '
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 ~ERIC~
NSURANCE ~OMPAN~
, as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of ONE F[ILLION FORTY-FOUR T~iOUSAND
FOUR HUNDRED FIFTY .................. dollars ( $~.044~450.00
lawful money of the Unite~ States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obl£gation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof mad~ as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no chance,
extension of time, alteration or addition to the terms of th$
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on t~is bond, and it does hereby waive not/cc
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 agreementor the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby w%ive 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 13 19 _ 85
T?iE FIELDSTONE COMPANY THE ~MERICAN INSURANCE COMPAN~
iIELEN MALONE'f, ATTO!~NEY-iN-FACT
Contractor Surety
~PROVED AS TO FO~:
~ City Attor~
PW-E-34
ATTORNEY IN FACT ACKNOWLEDGMENT .
STATE OF C O , ss
cou. y ....................... ·
16TH DECEMBER 1985
o. this ........ .§~--~.~f ~.~5_ ..day of ~. the year be,ore me. a Not.,~ ~b~i~ i. a.d for ~aid
a.,~eared H~ ~O~EY County,~rState of California. residing therein, duly commissioned and swo~. personally
to be the person whose name is subscribed to this inst~ment as the attorney in fact or.~HE_..~ERIC~.._.~.B~.~
~and acknowledged to me that ~ he. she subscribed the name of..._.~...~.~.CA~.
surety, arid ~ his ~er own name as attorney in fact.
~ ~;~7 s,,;~ P~ECOCOUN. > My commission expires
~ %~ ~,l) ~omm~z:~o ix0. Ju)) 22, 1~8~ ~ ..........................
STATE OF CALIFORNIA
COUNTYOF S~n D~eqo ~
On December 17r t985 before me, the unde~igncd, a Nota~ Public in and for
said State, personally appeared fl~
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person~ whose name ~ subscribed to the
within instrument and acknowledged that ~ exe- ~ OFFICIAL SEAL ~
WITNESS my hand and official seal.
THE AMERICAN INSURANCE COMPANY{)
....... HELEN MALONEY .....
to bind the Corpora on thereby as fully and o the same extenl as if such bonds were signed by he Presiden sealed v. hh the corporate seal of the -- '"
potation and duly altested by ils Secrelary. hereby ratifying and confirming ail that the said Atlorney s)- n-Fact ma do in th '
e and effect. - ............. ~ecuon ~u aaa 3 of By-laws of THE AMERICAN iNSURANCE COMPANY no~ in full
ticle VIII, Ap~intment and Autbority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances.
:toes, ~e Chairman of the Board of Directors, the President or any Vice-Presiaent, may, from time to time. appoint Resident Assistant Secrei~ries '
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
If of the Corporation. -- ~-
:lion 31, Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
eating their appoinlment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
~rson empowered to make such appointment."
ERICAN INSURANCE COMPANY at a meeting duly called and field on the 28~h day of September. I~. and said Resolm on has not been
nded or regaled:
~'~ff.Y. rff~Lof~torney, any. revocauon of any p6~er or at ornev or certifi-~ - g ............ -' . ' . ate retaung there,o b,
VITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presenls Io be signed by hs Vice-President.
ts corporate seal to be hereunto affixed this 2~S~ dayof_ 0ctobec
~9_ 85
~ THE AMERICAN INSURANCE COMPANY
~OF~ } ~.
is 21st dayor October , 19 85 before me persona xcame Richard Willies
WHEREAS, the City Council of the City of Chula -~
Vis~a, ~tate of California, and THE FIELDSTONE CO3~PANY
(hereinafter designated as -
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain desiqnated public
improve~nts, which said agreement, dated ~~r /7
19 ~3 , and identified as project EASTLAKE Z UNtT~ 4,5,±b & 16
, is hereby referred to and
made a part hereof; and
-WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient.payment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procednre in the sum of ONE ~ILL~ON FORTY-FOUR THOUSAND
FOUR HUNDRED FIFTY .... = ........ dbllars ($_],044,450.00 ), for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said Surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
/,z 77
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
DECEMDER !3 19 85
THE FIELDSTONE COMPANY THE A:4ERICAN INSURANCE CO~4PANY"
HELEN ~4ALONEY, ATTORNEY-~N-FACT
Contractor --
Surety
APPROVED AS TO FORM:
City Attorney
PW-E-34
,ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of ......... 1~.~.._ '~z.a.__.~ ~]~ ............ ~
- year ........... ....................................... before m
.................... ~--.--~-~-~ .................................................................... County, State of Cafifo~ia, residing therein, duly commissioned and swum, personally
appeared_....~].....~.~.~ ............................................................... .7~rsonally known to me, ~ proved to me on the b~is of sattsfaeto~ evidence
'o be the person whose name is subscribed ,o this inst~ment as the attorney in fact oE....~73.._.e:.]~.3.~3]{.....~;{Z~.~:UeZ_CC:.C~rxl'iY_
and ackno~{edged to m* that U h, ~, subscabed the name of ..........~.~-...~.].~.~..g.~f]L_~.~[~.;~.~.i]~.~_.~.7.?.5]]~
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.
~ ~ t~, .':' .... .'~ SA:~ D~:~O COU?~W My expires .............................................................................................
~ "~:~ My C0mmi;s~n Ex~. July 22,
STATE OF CALIFORNIA
COUNTY OF San Diecjo ..}
On December 17, 1985 before me, the undersigned, a Notary Public in and for
said State, personally appeared ,'flrn 14~r~
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the ~erson__whose name is subscribed to the . _ --
within instrument and acknowledged that ha exe- ~ ~IAL
cured the same. ~ ~ JUDITH A MEYNCK~
WITNESS my hand and official seal. i ~ff SAN O}[q0 ~N~
Signarur
(Thi* ar~a for official notarial sea])
7FOkNEy THE AMERICAN INSURANCE COMPANY'
~O~';/:~LL MEN' BY THE~lr oore.e~.~o..... ; ' . ' '
"- .... HELEN HALONEY ..... .
t to bind the Co,ration thereby as fully and to the same exlent as if such bonds were signed by the ~esident. sealed w~ h he corporate seal of the
r~ration and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorneyls)-in. Fact may do in the premises.
~s ~wer of attorney is grained pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY no~ in full
rticle VIII, Ap~intmeot a~d A utfiority Assistant secretaries, and Attorney-in.Fact and Agents to accept Legal Process and Make Appearances.
alt of the Corporation.
s power of atlorney i$ signed and sealed under and by the authorilv of the roi{owing Resolution adopted by the Board of Directors of THE
[ERICAN INSURANCE COMPANy at a meeting duly called and h~ld on the 28th day of September. I~. and said Resolulion has not been
ESOLVED. Ihal the s gnature of any Vice-~es dent. Assislant Secrelary and Resident Ass s an[ Secrelary of this Cot oration a
~ra~io7 ~.ay ~ a~xed or pr ,led. o, a,~ po~er of at or,ny o, any revocatio, of a,~ po~er of a orne~ or o, a, c~rt.fica ' nd the seal of this
;imile. andanypo~erof~torney any revocation of an-. -o~er ~ - ~ ' ' - ' Y terel
d and binding upon the Corporation."
WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused lhese presents to be signed by i[~ Vice-President.
its corporate seal to be hereunto affixed this ~
~ THE AMERICAN INSURANC~ COMPANY
~OF~N }
,~ 2]st ~o~ October
~ k.gw.. ~ho. ~:m~ b~ m~ ~.~ ~'o~n ~ d~-o~ ~,~ . ? ~85 ... ~o~cm: ~o.~ y c~.,~ R~ chard W~ ] ] ~ ems
VITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written.
OFFICIAL SEAL
Pr:m~l OUice in Mann Coun y
~AT~ O~ C~OR~
undersigned RcsM~nz Ass~s~an Secrearyof THEAKI~ICA~.~S~RAN~E COM~AN~, a N~ JE~EYCorpora~k~n. DO HEg[~ CER.
ned and sealed at the County of ~rtn.
Dated ~hel6T~ day of DECEMBER . 1~5
SURVEy MONUMENT INSTALLATION BOND -- ~
K~OW ALL MEN BY THESE PRESENTS, That I/We Eastlake Development Co.mpany
-' the subdivider and Principal, and the~Develope-~s Insurance Cuu,p,~,,¥ --
a Corporation of the State of California
firmly bound unto the City of~' .as Sure~
County of San Diego, State of ...... =a, a munlc!pal corporation, in
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_Twenty Seveu Thousand One Huudred Niuety
($ 27,190 ) lawful money of the United States of America, to be paid
th~ said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
-'ertain lands to be known as 5as~[ske ~ - Uni~ 16 Subdivision in the
-"ity of Chula Vista, in accordance with t,he Contract for Completion of
rmprovements authorized by Resolution 12377
-- , and
WHEREAS, the said Principal desires not to set durable monuments
irior to the recordation of the final mad of the subdivision and desires
o get same at a later date, '
NOW, THEREFORE, the condition of the above obligation is that if the
rlnclpal shall have set durable monuments of the survey by Vau DeH and
LAss°ciates the ' (name
Engineer) , as per f~nal map of said subdivision, a copy°o~f
ich is on file with the City En ineer o . ' ·
~ce to which sa~d map ~s hereby mg ~ ~f__t~_e .C~t.y of Chula V~sta, refer-
_ a ...... o=~= is incorporated herein as
3ugh here set forth in full, and accordin to
~ .Chu_la Vista in force and effe-* ..... ? t. he. o.rdlnances of the Citv
~r before the expiration of third,~, ~,~e u~me o.r glvlng of this bond, on-
x ~u~ consecutive days following completion
~,n? acceptance of public improvements wit.bin sai' -'
~u±iqation shal~ h~ ,,~ .... . . ~ subdivision, then the
..... ~, uunerwlse to rema!n in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this 2~th day of 3anuary , 19 86
~ ' ,.-~_~TLAKE DEVEL.~PMEN~T CO~PAN~
.~. , ) (Prin~ipal)D~ . ,J
~ avi~ B. Kuhn, Jr., Pres.
PPRO~~FORM: DEVELOPERS INSURANCE COMPANY
Attorney-in-Fact
City Attorney David C. ~anfer
~-E-34
STATE OF CALIF
COUNTY Of~
~ss.
On~ J'=lnl"tary 27t 1986 ~bef°reme the ndersgnedaNotarypublicinan.-
saidState, oersonallyappeared~ Dav1c]- Bo 'Ku~utt -Jr'. amr
-, personally known to me (or proved to me on the basis
of salisfactory evidence) to be the persons who executed the within instrument as____
its
-Presidenta~d~ Dav1Q Iv , iZ]C.
the c°rp°rali°n therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws °r a res°luti°n of its board of directors, said corporation being
known to me to be one of the partners of~a c~..T,c3, kL
_Develo ment com an
the partnership that executed the within instrument, and ack-;
"owledged to me that such corporation executed the same as
such partner and that such partnership executed lhe same.
WITNESS m handandofficials L
Signatur
(This area for officia~ notarial seal)
CORPORATION ~O
STATE OF CALIFORNIA
COUNTy ~)~.~ 0~' ' }
t%. ~'~' ~ :~ ss.
, before me, thc undcm gned a Notary Public in and for ~id State,
person~]y appeared DAVI~
person~y kno~ to me (or proved to me on the basis of satisfactory
evidence) to be ~e person who ~x~cuted the within instrument as Attorne~-
~-F~ct on beh~f of Dev~lope~ lnsur~ce Company, ~e corporation therein
3O4 (REV. 2/85J
" DEVELOPERS INSURANCE COMPANY
P.O. Box 3343, Anaheim, Calif.. 92803
EXPIRATION DATE: December 31, 1986
KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, A corporation, duly organized and existing under the laws of the
State of California. and having its Home Office in the City of Anaheim. California, does hereby make. constitute and appoint
David C. Banfer
its lrue and lawful Attorney(s)-in-Fact. to make, execute, seal and deliver for and on its behalf as surety, any and all bonds or undertakings in an amount not
exceed!ng $1.500,000 in any single undertaking in accordance with its charter and to bind the corporation thereby as fully and to the same extent as if such bonds
were stgned by the President. sealed with the corporate seal of the corporation and duly attested by its Secretary. he~-ebp ratifying and confirming the acts of
Attorney(s)-in-Fact may do o these presents.
This power of Attorne2' does n 1 co er the Iol[owing:
Bank depositor2,' bonds, mortgage deficiency bonds, morlgage guarantee bonds, guaramees of installment paper, note guarantee bonds, bonds on financial
fiduciar} bonds. -
This power of attorney is granted pursuant to Article IV. Section 11 and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirfielh day
of March. 1979, and now in full force and effect.
Article IV. Appointment and Authority of Resident Assistant See crazies, and Attorneg'-in-Fact and agents to accept Legal Process and Make Appearances.
Section 11. The Chairman of the Board, the President, any Vice President, any Secretary or any lreasurer mag' appmnt attorneys-in-fact or agents with
power and authority as defined or limited to their respective power of attorney, for and on behalf o[' the corporation to execute and deliver, and affix the seal
may remove such a orney- n-fact or agent and revoke the power and authority gB,en to him
Section Ig. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the
corporatmn Wben signed by the Chairman of he Board the President. an~ Vice President or any lreasurer and duly attested and sealed, if a seal is required.
by' any Secretary or when signed by he Chairman of th~ Board. the President, an:.' Vice President or any Treasurer and countersigned and sealed, if a seal is
reqmred, by a duly authorized attorney-in-fact or agent and any such bond. undertaking, recogmzance, consent of surety or written obligation in the nature
thereof shall be *slid and binding upon the corporation v. hen duly executed and sealed, if a seal is required by one 'or more attorneys-in-fact or agents
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 meeiing duly called and held on the third day of August, 1982, and that said Resolution has not been amended or repealed:
ESOLVED, tha he s~gnature of any Vice-President or Assistant Secretary of this corporation, maV be alfixed or printed on any power of attorney, on any
revocanon of an5 pov. er of attorney, or certificate bearing such facsimile stgnature but shall not be valid and binding upon the corp~rafion unless lhe s~al of the
corporation is affixed on such power o£ attorney revocation of any po'~er of attorney, or certificate bearing a tacsimilc signature."
IN WITNESS WHEREOF. DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by /ts Secretary. and its corporate seal to be
hereunto affixed this fifth day of December, 1984.
DEVELOPERS INSURANCE COMPANY
COUNTY OF LOS ANGELES ss. Pau E. Griffin, Jr,, Secretarl~/~~
On this fifth day of December, 1984~ belore 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
corporatmn; that the seal affixed to 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 thereto by like order.
Thomas H. lyf'elL Jr., Exc
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMEN.i.
This Supplement is made and entered into this 13th day
of February , 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 "Subdivider;"
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. 16, 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 ~ap 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.
3. It is further agreed by the parties hereto that the
principle amounts of the labor and materials, and faithful
performance bonds affixed hereto as Exhibits A, B and C, are
based upon the current estimates of the parties of the cost of
completion of the public improvements contemplated by this
subdivision. Subdivider or Subdivider's authorized Assignee
shall be authorized, following approval of all improvement
drawings for the subject property to seek a reduction in the
improvement security based upon revised estimates. City, upon
request of Subdivider or Subdivider's Assignee shall not
unreasonably withhold agreement to such a reduction in
improvement security as may reasonably reflect the revised cost
estimates of the works of improvement following approval of all
improvement drawings.
4. Notwithstanding any provisions to the contrary in
the City's Form No. CA-410 Subdivision Improvement Agreement, the
City shall not, by authorization for the approval of the filing
or recordation of the above-mentioned subdivision map, be
estopped from denying or conditioning the approval of subdivision
improvement drawings in accordance with adopted procedures or
standards of the City of Chula Vista.
5. Certain public improvements are contemplated to be
built or financed in whole or in part by Subdivider. or
Subdivider's Assignee in conjunction with ~the development of the
property contained within the aforementioned map pursuant to the
Development Agreement and Public Facilities Financing Plan
approved by the City of Chula Vista on February 26, 1985. The
parties agree that a prorata contribution towards the facilities
contemplated in such agreements shall be paid by Subdivider
pursuant to an agreement entitled "Interim Facilities Financing
Agreement" with respect to payment of EastLake Hills and Shores
impact fees which is attached hereto and incorporated by
reference as if fully set forth herein. The Bonds attached as
Exhibits A, B and C shall not secure the performance of the
parties to the Interim Facilities Financing Agreement.
6. Notwithstanding any provision to the contrary in the
City's Standard Subdivision Improvement Agreement Form CA-410,
Subdivider shall be authorized to finance certain of the above
public improvements (sewer, water, streets, etc.) through special
assessment proceedings under the provisions of the "Municipal
Improvement Act of 1913" (Division 12 of the Street and Highways
Code of the State of California), with bonds to issue pursuant to
the provisions of the "Improvement Bond Act of 1915" (Division 10
of said Code). This authorization is pursuant to the provisions
of Section 66462(A)(2) of the Government Code of the State of
California.
7. The City reserves the right, upon adequate notice to
Subdivider, to suspend the issuance of building permits for
residential dwelling units (or in the alternative sewer hook-ups)
for units which are served by a gravity sewer line in Bonita Long
Canyon where the City determines that the then present facilities
are inadequate to provide service to additional dwelling units
from this subdivision. Such suspension of the issuance of
building permits of sewer hook-ups shall be lifted upon EastLake
Development Company's provision of security for the completion of
the works of improvements contemplated by various agreements
between EastLake Development Company and McMillin Bonita Long
Canyon Development with respect to oversizing the sewer lines in
the sewer basin.
8. To the extent that this Addendum to the City's
standard Subdivision Improvement Agreement Form No. CA-410 is
consistent with said standard form, it shall take precedent over
any provision therein to the contrary.
IN WITNESS ~HEREOF, 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
~ ~s~!~ty of ~ i ~
ATTEST}~/I~/
// '~ City Clerk ~
Approved as to form by:
A~%istant Cit~ Attorney (Attach Notary
Acknowledgement)
1088a
STATE OF CALIFORNIA
) s.S.
COUNTY Of SAN DIEGO )
ON THIS//? ~-/( DAY OF~-
ME T"E~-- ~ :.~__/_'~/ ~/~>/~-/, 19~_~(',/~ BEFORE
· n u~u~-~IL;NED, A NOT~ 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 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 AND FOP, SAID
COUNTY AND STATE
MY COMMISSION EXPIRES
/ s3 7r/