HomeMy WebLinkAboutReso 1986-12393Pi ase. C ui:n To:' t756
p. O, Box 1~37 ''
~ula ¥ista, C~;[~v,~a ~ ~SOLUTION NO. 12393
~ OLUTION OF THE CITY CO~CIL OF THE CItY
CHULA VISTA APPROVING THE FINAL ~ FOR H~
VISTA T~CT 84-9, EASTL~E I ~IT 8, ACCEPTING
ON BEH~F OF THE PUBLIC THE PUBLIC ST~ETS
DEDICATED ON SAID ~P, ACCEPTING THE D~INAGE
~D ST~ET T~E PLATING ~D ~INTEN~CE EASE-
~NTS, APPROVING THE SUBDIVISION IMPRO~NT
AG~E~NT FOR THE COMPLETION OF I~RO~NTS
~QUI~D BY SAID SUBDIVISION, ~D APPROVING
SUPPLE~NT~ I~RO~NT AG~EMENT FOR NON
ACT ~QUI~NTS P~OR TO ~PROV~ OF IMPRO~-
~NT PLUS, AND AUTHORIZING THE ~YOR TO EXECUTE
SAID AG~E~NTS
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 8, and more par-
ticularly described as follows:
Being a subdivision of that portion of Section 27
and that portion of Fractional Section 28, Town-
ship 17 South, Range 1 West, San Bernardino Base
and Meridian in the City of Chula Vista, County
of San Diego, State of California according to
the United States Government Survey approved
April 17, 1883
No. of Lots: 34 No. of Units: 31 Area: 27.172 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 RE'SOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Reisling Terrace,
Chardonnay Terrace and Merlot 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.
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1757
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 and for street tree planting and maintenance, all as
granted and shown on said map within said subdivision, subject to
the conditions set forth thereon.
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 25th 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 25th day of February, 1986, pro-
viding for approval of the Final Map for EastLake I Unit 8 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
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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 and for street tree planting and maintenance, all as
granted and shown on said map within said subdivision, subject to
the conditions set forth thereon.
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 25th 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 25th day of February, 1986, pro-
viding for approval of the Final Map for EastLake I Unit 8 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
Jo/~ P. Lippi~tt, ~Irector of Charles R. Gill, Assistant
P~lic Works/City Engineer City Attorney
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175
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 7~h day of February
19 86 , by the following vote, to-wit:
AYES: Councilmembers _Malcolm, Moore, McCandliss, Cox
NAYES: Counci ] members _. Scott
ABSTAIN: Councilmembers., None
ABSENT: Councilmembers None
_ /s/Greqorj/ 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 cop), of
RESOLUTION NO. i2393
,and that the some has not been amended or repealed
DATED February, 26, 1986
CC-660
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of. February
19 86 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, McCandliss~ Cox
NAYES: Councilmembers Scott
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
/ I~ayo-o'~'or~e/City of ~bla Vista
uu
/.? City' ~;l~rk ' ~r
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 ob(we and foregoing is o full, true and correct copy of
RESOLUTION NO. 3.2393 ,and that the some hos not been amended or repealed
DATED
(seal} City Clerk
CC-G60
SUBDIF~S~ON IMPROVEMENT AG~EF~ENT
THIS AGRE~ENT, made and entered into this 25th 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";
W ITNESSETH :
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
EASTLAKE I, Unit #8
pursuant to the provision of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agreement
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title
18 of the Chula Vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said
subdivision within a definite period of time prescribed by said
Council, and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public improve-
ment required by City in connection with the proposed subdivision
and will deliver to City improvement securities as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No.11935 , approved on the
17th day of February , 1985 , and
Form No% CA--410
Revised 12/82
~760
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. 86-9 through 86-13 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 THREE
HUNDRED EIGHTY EIGHT THOUSAND FIVE HUNDRED TWENTY FOUR DOLLARS
AND NO CENTS ($388,524.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to the
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvements and/or land development work required to be
done in and adjoining said Subdivision; and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the required improvements,
and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdi-
vider will cause all necessary materials to be furnished and all
improvements required under the provisions of this contract to be
done on or before the third anniversary date of the recordation
of the map of said subdivision.
4. It is expressly understood and agreed that Subdi-
vider will perform said improvement work as set forth hereinabove
or that portion of said improvement work serving any buildings or
structures ready for occupancy in said subdivision prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certi-
fied in writing the completion of said public improvements or the
portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
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176!
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 TWO HUNDRED
NINETY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($291,500.00)
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 TWO HUNDRED
NINETY ONE THOUSAND FIVE HUNDi~ED DOLLARS AND NO CENTS ($291,500.00)
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 THIRTEEN
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($13,500~100)
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.
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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 agre~ent. 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.
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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 ~e ~ity of dhula ~¥i ~L ~
Vista /Q .
~/' City Clerk ,~
City Att~orney (Attach Notary Acknowledgment)
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1764
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $291,500.00
Exhibit "B" Improvement Security- Material and Labor:
Form: Bond
Amount: $291,500.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $13,500.00
Securities approved as to form and amount by
City Attorney'~
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
. 176
STATE OF CALIFORNIA )
)S.S.
COUNTY OF SAN DIEGO )
19~..~-~
BEFORE
· THE UNDERSIGNED, A NOTA~IN ~ND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO ME ON THE BASIS
OF SATISFACTORY 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/FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES
1766
SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT
This Supplement is made and entered into this 25th 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. 8, 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.
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.
1768
with the City's parking standards in conjunction with the
approval of the first Final Map for the EastLake Village
Center;(iv) make an irrevocable offer of dedication of a 15-acre
community park site in the location shown on the approved
EastLake SPA upon City approval of either a Supplemental SPA or a
new SPA for the areas of EastLake 1 currently within the
jurisdiction of the City of Chula Vista south of Otay Lakes Road
(Telegraph Canyon extension); and (v) make an irrevocablee offer
of dedication of one (1) acre of usable land for a fire station
in conjunction with the approval of the first Final Map for
EastLake Business Center.
5. Upon compliance with the conditions set forth in
Paragraphs 2, 3 & 4 hereinabove, Developer shall be deemed to
satisfy its obligations with respect to development in the
EastLake Hills and EastLake Shores area.
6. Unless and until this Agreement is superceded by one
or more of the financing program(s) as authorized by the
Financing Plan, this Agreement shall remain in effect and the
fees subsequently set forth by Exhibit "A" shall remain condi-
tions of the issuance of building permits; provided, however,
that the fees set forth in Exhibit "A" shall be subject to an
annual review by the City Council and may be adjusted by the City
Council by an amount not to exceed the percentage increases' or
decreases set forth in the Engineering News Record for the types
of construction contemplated for the referenced capital projects.
7. Nothing contained herein shall be deemed to modify,
abrogate or constitute a waiver by either party of one another's
obligation set forth in the Development Agreement.
8. This Agreement shall not in any way modify the
City's obligations with respect to the formation of financing
programs and insuring that benefitted parties provide their
fair-share, prorata contributions towards the cost of facilities
that benefit projects other than EastLake pursuant to Section
6.3.2 of the Development Agreement.
9. Such funds as are paid by Developer or others in
conjunction with this Agreement shall be placed in an
interest-bearing account and may be expended only for the
purposes of providing the public facilities set forth in the
project Reference numbers set forth hereinabove in Paragraph 1.
10. The interim fees payable as a condition to the
issuance of building permits for development within the EastLake
Hills and EastLake Shores area shall be for the referenced
project numbers; provided, however, that to the extent the
equivalent dwelling unit fees are determined to be in excess of
the fees established by the City in the Facility Financing Plan,
the Developer shall be entitled to a credit. Such credit may be
applied at the opfion of the Developer to other obligations in
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1769
~ccordance with the terms of an adopted financing mechanism or
may be taken as a one-time lump sum reimbursement due within
thirty (30) days after the effective date of said City action.
Should the interim fees paid by the Developer be less than the
amount set in the Facility Financing Plan, the Developer agrees
to pay the difference to the City.
11. Where Developer builds or causes to be build facil-
ities of excess or supplemental size, capacity, length or where
Developer builds facilities prior to the time the facilities are
required under Articles XIII and IX of the Financing Plan,
Developer shall be granted a credit to the extent that such
facilities are of excess or supplemental size, capacity or length
or are constructed early. Said credit may be applied by
Developer against the payment of fees for the issuance of
building permits for additional dwelling units in accordance with
the equivalent dwelling unit fee structure to be established in
accordance with Paragraph 2 above.
12. If any material provision of this Agreement is held
invalid, this Agreement will be automatically terminated unless
within 15 days after such provision is held invalid the party
holding rights under the invalidated provision affirms the bal-
ance of this Agreement i~ writing. This provision will not
affect the right of the parties to modify or suspend this Agree-
ment by mutual consent.
13. Developer may transfer its rights and obligations
under this Agreement if such transfer or assignment is made as
part of a transfer, assignment, sale, or lease of all or a por-
tion of the Property and the City consents to said transfer.
Said consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
CITY: DEVELOPER:
CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY,
a municipal corporation a California general partner-
ship comprised.of corporations
' , By: . '
Approved as to form.
Attorney
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1089a
1770
INTERIM FACILITIES FINANCING AGREEMENT
This Interim Facilities Financing Agreement ("Agreement")
is entered into on the 25th day of February , 1986 between
EastLake Development Company, a California general partnership
("Developer", and the City of Chula Vista, a municipal corporation
("City"), with reference to the recitals set forth below:
Recitals
WHEREAS, the City and Developer have previously agreed to
an EastLake 1 Public Facilities Financing Plan dated February 7,
1985 ("Financing Plan") and entered into a Development Agreement
dated February 26, 1985 ("Development Agreement") with respect to
the provision of public infrastructure required for the develop-
ment of the EastLake 1 SPA; and
WHEREAS, the Financing Plan, SPA and Development Agree-
ment contemplate the dedication of certain lands and various
mechanisms for financing various public improvements pursuant to
Articles VII, VIII and IX of the Financing Plan; and
WHEREAS, the parties to this Agreement are presently
formulating various financing programs to implement the methods of
financing for capital improvement projects for the construction of
public infrastructure contemplated by the Financing Plan; and
WHEREAS, notwithstanding the ongoing work on said Financing
Plan and the various mechanisms authorized for financing certain
capital facilities thereunder, Developer (on behalf of itself or its
merchant builders) wishes to seek City approval of various final
subdivision maps for the areas commonly known as the EastLake Hills
and EastLake Shores, lying to the west of the proposed Route 125 on
both sides of East "H" Street within the EastLake 1 SPA area; and
WHEREAS, the parties to this Agreement acknowledge that
Developer's responsibility towards providing certain public
facilities for the EastLake Hills and EastLake Shores area may be
discharged prior to the completion of various financing options and
structures contemplated under the Financing Plan by the contractual
pledge to dedicate land and the payment of certain fees as
conditions to the issuance of building permits for the construction
of residential dwelling units within the EastLake Hills and EastLake
Shores area; and
WHEREAS, the parties acknowledge that they are in the
process of completing their work with respect to the formation of
various public facility financing options under the Financing Plan.
-1-
MOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Payment of the fees and Developer's covenants with
respect to dedication set forth herein shall be in satisfaction
of any and all prorata obligations which the residential develop-
ments and dwelling units within the EastLake Hills and EastLake
Shores bear towards Financing Plan Projects Nos. 29, 30, 34, 36,
39, 41, 46, 48, 49, 50, 51 and 52.
2. The parties to this Agreement have not established,
where impact fees are contemplated, the exact fee to be paid by
Developer as a condition to the issuance of building permits. An
interim fee shall be established and agreed to and set forth at a
later date as Exhibit "A" to this Agreement. City and Developer
shall utilize their best efforts to establish an interim fee
schedule as soon as possible setting forth generally the fees to
be provided for each land use on an equivalent dwelling unit or
acreage basis and subdivided categories of land where
appropriate, such as various types of residential construction.
No building permits shall be issued until the interim fee
schedule is agreed to by the parties. Exhibit "A" shall also
generally in form and content set forth the total equivalent
dwelling units estimated for all areas benefitting from the
facilities to be financed in part by the EastLake Hills and
EastLake Shores fees, together with the total equivalent dwelling
units contemplated for the EastLake Hills and EastLake Shores
development. Exhibit "A" shall also indicate either what
percentage of each fee is attributable to the listed project
referenced numbers set forth above, or the means for'calculating
such percentage.
3. Developer agrees to allow City to withhold
residential building permits for any and all Final Map areas
within the EastLake Hills and EastLake Shores area unless and
until the fees established in Exhibit "A" are paid either at the
time of or prior to the issuance of building permits or until one
or more financing option(s) contemplated within Article X of the
Financing Plan is in effect. Developer further agrees that prior
to issuance of residential building permits for EastLake I,
mechanisms must be established to fund the Reserve Fund for
EastLake Development in accordance with the approved Public
Facilities Financing Plan.
4. In addition to the requirements set forth in Para-
graph 3 hereinabove, Developer agrees at the times set forth
herein below to: (i) make an irrevocable offer of dedication of a
one (1) acre site for a public library in such location as is
satisfactory to the City Manager pursuant to the first Final
Subdivision Map for the EastLake Village Center area of the
EastLake 1 SPA; (ii) provide the City with a building of at least
4,000 square feet in the EastLake Village Center at no cost to
the City for a period of five (5) consecutive years unless this
condition is waived upon an earlier date; (iii) provide for and
construct a transit center, including parking or loading space
for four to five (~-5) busses and 120 automobiles in accordance
--2--
with the City's parking Standards in conjunction with the
approval of the first Final Map for the EastLake Village
Center;(iv) make an irrevocable offer of dedication of a 15-acre
Community park site in the location shown on the approved
EastLake SPA upon City approva% of either a Supplemental SPA or a
new SPA for the areas of EastLake 1 Currently within the
jurisdiction of the City of Chula Vista south of Otay Lakes Road
(Telegraph Canyon extension); and (v) make an irrevocablee offer
of dedication of one (1) acre of usable land for a fire station
in conjunction with the approval of the first Final Map for
EastLake Business Center.
5. Upon compliance with the conditions set forth in
Paragraphs 2, 3 & 4 hereinabove, Developer shall be deemed to
satisfy its obligations with respect to development in the
EastLake Hills and EastLake Shores area.
6. Unless and until this Agreement is superceded by one
or more of the financing program(s) as authorized by the
Financing Plan, this Agreement shall remain in effect and the
fees subsequently set forth by Exhibit "A" shall remain condi-
tions of the issuance of building permits; provided, however,
that the fees set forth in Exhibit "A" shall be subject to an
annual review by the City Council and may be adjusted by the City
Council by an amount not to exceed the percentage increases or
decreases set forth in the Engineering News Record for the types
of construction contemplated for the referenced capital projects.
7. Nothing contained herein shall be deemed to modify,
abrogate or constitute a waiver by either party of one another's
obligation set forth in the Development Agreement.
8. This Agreement shall not in any way modify the
City's obligations with respect to the formation of financing
programs and insuring that benefitted parties provide their
fair-share, prorata contributions towards the cost of facilities
that benefit projects other than EastLake pursuant to Section
6.3.2 of the Development Agreement.
9. Such funds as are paid by Developer or others in
conjunction with this Agreement shall be placed in an
interest-bearing account and may be expended only for the
purposes of providing the public facilities set forth in the
project Reference numbers set forth hereinabove in Paragraph 1.
10. The interim fees payable as a condition to the
issuance of building permits for development within the EastLake
Hills and EastLake Shores area shall be for the referenced
project numbers; provided, however, that to the extent the
equivalent dwelling unit fees are determined to be in excess of
the fees established by the City in the Facility Financing Plan,
the Developer shall be entitled to a credit. Such credit may be
applied at the option of the Developer to other obligations in
1773
~accordance with the terms of an adopted financing mechanism or
may be taken as a one-time lump sum reimbursement due within
thirty (30) days after the effective date of said City action.
Should the interim fees paid by the Developer be less than the
amount set in the Facility Financing Plan, the Developer agrees
to pay the difference to the City.
11. Where Developer builds or causes to be build facil-
ities of excess or supplemental size, capacity, length or where
Developer builds facilities prior to the time the facilities are
required under Articles XIII and IX of the Financing Plan,
Developer shall be granted a credit to the extent that such
facilities are of excess or supplemental size, capacity or length
or are constructed early. Said credit may be applied by
Developer against the payment of fees for the issuance of
building permits for additional dwelling units in accordance with
the equivalent dwelling unit fee structure to be established in
accordance with Paragraph 2 above.
12. If any material provision of this Agreement is held
invalid, this Agreement will be automatically terminated unless
within 15 days after such provision is held invalid the party
holding rights under the invalidated provision affirms the bal-
ance of this Agreement in writing. This provision will not
affect the right of the parties to modify or suspend this Agree-
ment by mutual consent.
13. Developer may transfer its rights and obligations
under this Agreement if such transfer or assignment is made as
part of a transfer, assignment, sale, or lease of all or a por-
tion of the Property and the City consents to said transfer.
Said consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
CITY: DEVELOPER:
CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY~
a municipal corporation a California general partner-
orship comprise~ of corporations
Approved as to form.
Assistant Ciky Attorne~
1089a -4-
/~.-~ ~ ~
1774
STATE OF CALIFORNIA )
) S.S.
COUNTY OF SAN DIEGO )
ON T"IS~ DAY OF~__.~J/~..j..., l gX~(~A BEFORE
~E, THE UNDERSIGNED, A NOTARY- P'~BL.I IN ~FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED Robert
Santos KNOWN TO ME (OR PROVED TO ME-'~"~--O-~-~-HE 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.
OTARY PUBLIC AND AND FOR' ~.ID
COUNTY AND STATE
MY COMMISSION EXPIRES
1776 Bond No: 919869S ~
Pr'emium:$1,166.00
BOND FOR FAITHFUL pEPdFORPOkNCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and EnsELake Development Company
{hereinafter designated as
"principal") have entered into an ~greement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated ~f6~ ~g,
19 ~b , and identified as project EastLaKe ~-Unit $
, is hereby
referred to and made a part hereof; and
WHEP~EAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THE.REFORE, we, the principal and
Developers Insurance Company , as surety, are
held and firmly bound unto the City of Chula Vis~a, hereinafter
called "City", in the penal sum of Two Hundred Ninet~ One
Thousand Five Hundred dollars ($ 2~1,500. )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
-2- - 1777
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.
In addition to the acts bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, on
February 20 , 19
~qPANY
STATE OF CALl FOR N IA )SS. ;" I 7 7 8
COUNTY OF. ORANGE
On February 21, 1986 ~ before me, the undersigned, a Notary Public in and for
saidState, personally appeared ~aVid B. Kuhn. Jr.
, personally known to me (or proved to me on the basis
its
of satisfactory evidence) to be the persons who executed the within instrument as
-in-Fact
.President ~ ~Xr]~ on behalf of DAy~D. ~V _--. INC'.
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its
laws or a resolution of its board of directors, said corporation being
Development Company , ~{~~ A-~C"K~§~DN'A ~
the partnership that executed the within instrument, and ack- ~ ~;%;~;_~_~i: 7 y~ A_.t
nowledged to me that such corporation executed the same as~ ~ My c~mm. expires API{~ ~ My c~mm. expires Ap~_5,_19_89_ ~
such partner and that such partnership executed the same· ~
WITNESS m hand and official seal CO
/ Signature ~G' %~-_ , , ~- ~~~ (This area for official notarial seal)
STATE OF CALIFORNIA ~ ~, %~.~1 ~ ~1 ,~ }SS.
On ~ ~ g 2 ~ {-Q.g~ before me, the undersigned, a Notary Public in and for said State,
'" 1779 Bond No:g19869S
Premium: incl in perfo~manc'e
BOND FOR MATERIkL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and EastLake Development Company
(hereinafter designated as
"Principal") have entered ~nto an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 %~ , and identified as project EastLake ~ - Unit 8
, is hereby .referred to and
made a part hereof; and
WHEP~EAS, 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, THER~EFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of Two Hundred Ninety One
Thousand Five Hundred d~'llars {$ 291,500 ) , for
~a~erials 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.
- ~780
The surety-hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accomoanying
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
February .20 19.86
EastLake Development Company Developers Insurance Company
) a 92801
ST^TE oF C^L,FO,N,A 1 7 81
COUNTY OF_ O~'~G E } ~ ,
O~_ February 21, 1986 ..
, before me, the undersigned, a Notary Public in and for
~:,. saidState, personal~yappeared ~v~d ~. K%LD~. Jr,
~ ~ -in-fact
~- ~ personal~y known to me (or proved to me on the basis
o of satisfactory evidence) to be the persons who executed the w thin instrument as its
¢, -President ~OXL ]B~ on behaff o[ DAVID IV ~: INC,
~he c°rporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws °r a resolution otits board of directors, said corporation being
known to me to be one of t he part ne rs of_F.~,~-./.~q]CL
Development Company ~ ~ MARY E BLACKARD
' ~ ~ NOTARY PUBLIC- CAUFORNIA
the partnership that executed the within instrumenl, and ack- ~ ~.~.; 0P~AN(~E COUNTY
nowledged to me that such corporation executed the same as
~ My c~mm. e~lres APR 5, 198~
such partner and that such partnership executed the same.
WITNESS m and and official sea :
STATE OF CALIFORNIA
On F 5 ~ 2 ~ !988 , before me, the undersigned, a Notary Public in and for said State,
DAVID C. BANFER
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument as Attorney-
in-Fact on behalf of Developers Insurance Company, the corporation therein
:' . DEVELOPERS INSURANCE COMPANY
P.O. Box 3343, Anaheim, Calif.. 92803
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 true and lawful A orney(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
exceeding $1,500,000 ~n 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 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(shin-Fact may do to these presents.
This power of Attorney does not co,er the following:
~ank depository bonds, mot gage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial
lnstttutlons, lease bonds, insurance compan* qualif'~ing bonds '~a e Duse bonds, self-lnsurefs bonds, fidelity bonds, bail bonds, wage law bonds, and
fiduciary bonds.
This power of attorney is granted pursuant to Article IV. Section I 1 and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtieth day
of March, 1979, and now in full force and effect.
Article IV. Appointment and Authority of Resident Assistant 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 deliver, 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, undertaking, recognimnce, consent of surety or written obligation in the nature thereof shall be valid and binding upon the
corporation 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 Chairman of the Board. the President, any Vice President or any Treasurer and countersigned and sea[ed, if a seal
required, by a duly authorized attorney-in-fact or agent and anv such bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the corporation whe~ duly executed and sealed, if a seal is required by one or more attorneys-in-fact or agents
pursuant to and within the limits of the authority granted by his or the r powers of attorney,
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 valid and binding upon the corporation unless the seal of the
corporation is affixed on such power of attorney, revocation of any power of attorney, or certificate bearing a facsimlle signature."
' NOb'ICE: 1. Thi~ Power void unless seal
perforates
to
; 2. /his Power ~tad if a]tered or erased.
4. lbis Power Js ~oid unless the sea s readable, text is in brown ink, signatures are in blue ink and nodce is in red ink.
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
SIAlE OF CALIFORNIA
~ COUNTY OF LOS ANGELES ss. Paul E. G
On this fifth day of Decem~r, 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
corporation: that tfie seal alfixed 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.
ARY ROSEN [ sv:
Signed and sealed at Anaheim, California. this 20th dayof February .1~6
Thomas H. TyTelL Jr., ExJcuti ~ce President~,~'' '
Bond No: 919870S
1783
Premium: $54.00
SURVEY MONUMENT INSTALL~%TION BOND
KNOW ALL ~%EN BY THESE PRESENTS, That I/We EastLake Development Company
as the subdivider and Principal, and the DeveloDers Insurance ComPany
a Corporation of the State of California , as Surety, are held
firmly bound unto the City of~hula Vista, a municipal corporation, in the
County of San Diego, State of California, and t0 and f0~ ~h~ ~ene~it o~ any
and all persons who may suffer d~age by reason of the breach of the con-
ditions hereof, in the penal s~ of Thirteen Tkousand Five Hundred
($ 13,500 ) lawful money of the'"United States of ~erica. to be paid to
th~ said City of Chula Vista.
WHE~AS, the said Principal is presently engaged in subdividing
certain lands to be known as EastLake 1 -Unit 8
~ubdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
K COUN~OF O~GE ~ desires
o ~ persona~ly known to me (or proved to me on Ihe basis ~ ~
o °lsaflsfact°~evidence)tobethepersonswhoexecutedthewithininstrumentas_ its lell and
~ame of
~ President ~ ~ on behaff of DAVID. IV ~ INC
~= .......... copy of
the c°~omhon therein Darned, and acknowledged to me tha~ sai~
~ knowntometo~oneofthepa.nersof~astLake Df the City
~evelopment Company , s bond, on
~ m. oa...mhip ,ha. execmed me withi, i.stmmem, and .ck- Lng completion
oowledged to me that such corporation execuled the same as ~ = - ' the
Signature ~ ~, Uhis area for official notarial seal) ~to set
DAVID C. BANFER
ORA[~ COUHTY
"~., ,, DEVELOPERS INSURANCE COMPANY
P.O. Box 3343, Anaheim, Calif.. 92803
David C. Banfer
corporation is affixed on such power of attorney revocation of any power of attorney or certificate bearing a facsimile signaturE,"
~ lJJ~ MARY ROSEN
Signed ana sea ed a Anahcm, California, this2Oth dayof February 19~6