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HomeMy WebLinkAboutReso 1986-12394 '/ 86-083442 ' 1730 920~ RESOLUTION NO. 12394 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 9, ACCEPTING ON BEH~F OF THE PUBLIC THE PUBLIC ST~ET DEDICATED ON SAID ~P, ACCEPTING THE ST~ET T~E PLATING ~D ~INTEN~CE EASE~NT, ~PROVING SUBDIVISION I~RO~NT AG~E~NT FOR THE CO~LETION OF I~RO~NTS ~QUI~D BY SAID SUBDIVISION, ~D ~PROVING SUPPLE~NT~ I~RO~NT AG~E~NT FOR NON ~ ACT ~QUI~NTS PRIOR TO ~PROVAL OF I~RO~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 9, and more par- ticularly described as follows: · Being a subdivision of a portion of Fractional Section 33, Township 17 South, Range 1 West, San Bernardino Base and Meridian in the City of Chula Vista,County of San Diego, State of California, according to the United States Government Survey approved April 17, 1883. No. of Lots: 14 No. of Units: 14 Area: 2.568 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 street, to-wit: A portion of Rue Chateau and said street is hereby declared to be a public street 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 street is accepted on behalf of the public as heretofore stated. -1- " ' 1731 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 street tree planting and maintenance, 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 completionof 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 9 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 Charles R. Gill, Assistant of Public Works/City City Attorney Engineer -2- 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 street tree planting and maintenance, 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 25 th 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 9 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 ,i!~i~!~l~iC~ectO.CityCharles R. Gil~, AssistantAttorney -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHUL/~ VISTA, CALIFORNIA, this... 251~,h day of February 19 86 , by the following vote, to--wit: AYES: Counci]members Ma]co]m, Moore, McCand]iss, [:ox NAYES: Counci]members Scott ABSTAIN: Counci]members None ABSENT: Counci]members None /s/Gregory R. Cox Mayor of' the City of Chula Vista ATTEST /s/Jennie M. Fu]asz 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 a full, true and correct copy of RESOLUTION NO. 12394 ,and that the same has not been amended or repealed. DATED February 26, 1986 (seal) ~:: CiJy 'Cler~ ~/ CC-660 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THF CITY OF CHULA VISTA, CALIFORNIA, this, 25th d~ of February 19 86 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss, Cox NAYES: Councilmembers Scott ABSTAIN: Councilmembers None ABSENT: Councilmembers None ....... ES~' :~,~ /'~o~'(~he Ci,y of Chu~a Vis,a /~..i -~_. 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 a full, true ond correct copy of RESOLUTION NO. 12394 ,and that the same has not been amended or repealed DATED. (seal) City Clerk CC-660 1733 SUBDIVISION INPROVEN. ENT AGREEMENT THIS AGREE~IENT, made and entered into this 25th day of F~bruarv , 19 86 , by and between THE CITY OF CHUIA VISTA, a municipal corpor--~on, hereinafter called "City", and EASTLA_KE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San Diego, California 92101 hereinafter called "Subdivider"; W ITNES SETH : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE I, Unit ~9 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 ~ -1- 173 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the ~ City Engineer as shown on Drawings No.85-524 through 85-530 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 SIXTY THREE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($1,063,200.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by. this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all Of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of THREE HUNDRED NINETY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($398,700.00) 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 THREE HUNDRED NINETY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($398,700.00) 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 securit~in the sum of ONE THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS ($1,647.00) 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- 1736 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- 1737 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 Mayor o~t~ City of Chula ~, U~~ Vista ~pproved as to fora by City Attorney ~ / (Attach Notary Acknowledgn~ent) '~ -,- ( 1738 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $398,700.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $398,700.00 Exhibit "C" Improvement Security - Monuments'. Form: Bond Amount: $1,647.00 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 /.33 q~ ' ' ~ 1739 STATE OF CALIFORNIA ) }s.s. COUNTY OF SAN DIEGO ) ON DAY OF ME, THE UNDERSIGNED, A NOTARY I~uBL~[C IN AND 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 BOND 'NO. 731 54 lj BOND P REMI%-~ $3,987.00 SUI~ETy BOND FOR FAITHFUL PERFOP~/qCE---- That we PACIFIC SCENE, INC. ~' , a corporation~= 3900 HARNEY STREET~ SAN DIEGO, CA 92110 , as Principal, and 1'.~: ... _AMERICAN INSURANCE CD~[p^~y , of '2550 FIFTH AVE., SAN DIE~, CA ~21~3 a corporation, incorporated und~.r the laws of. the State of NEW JERSEY , and duly authorized under the laws of the Stat~ ~f California to act as Surety,_ are held and firmly bound unto · CITY OF CHULA VISTA in the sum of THREE HUNDRED NINETY- I ~-~. ~==== 0£ ~merzca, Zor :ne Payment whereof, well ~be made, said Principal and Su~.. ~-~ ~=~ . . .. . an.d truly to ~.~.-~_z~_u=auors, successors and assigns, Jointly and ~,~=~r The condition of the foregoing obligation is such that whereas the above bounden Principal has agreed to provide certain improvements for the property known as PARC PACIFIC AT EASTLAKE, Unit 6. 9 & ]0 -, , .in. accordance with - · dated , and is ~equired by the said_.. CTTv nF ","'~-rr ~ ~r~9'~ to give.a bond to guarantee the perzormance and th~m~:tion of Said improvements; NOW, TREREFORE, if the said Principal shall well and truly p~rform all the work specified in said agreement· then this obligation shall be null and void~ otherwise to remain in full force and effect. .~.~.. The Surety does hereby consent to any and all alterations, modifica-. tions and revisions to the Agreement secured by-this Bond, including but not limited to any extensions of time for performance which may be agreed Upon by and between Principal. T~E CITY OF C~T'hA VT~TA and the SIGNED AND SEALED AT SAN DIEGO, CALIFORNIA on this ,llth 'day of DECEMBER , 1985 . PArc SC N , ~,~e of Company ~ ~ ' APP~~ FOal: ~ ~ ," ~ ; "-~;' ' ' :~, City Attorney THE ~ERIC~ INSU~NCE Na~ of Bondi~Compan~ ~ ' STATE OF CALIFORNIA ) ~ , %~ . · ~-/ ) SS. ' ' .' ~. COUNTY OF SAN DIEGO ) On December 11. 1985 , before me, the undersigned, a Notary Public '; in and for said State, personally appeared D.W. MacKay , known to me to be the Vice President, and Scott W. P~rker , known to ;. me to be the ~ Secretary of PACIFIC SCFNE_ INC, , the corporation that executed the within instrument, and known to me to be 'the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. WITNESS my hand and official seal. ~i "(~.'~ ~.~R~.~O~N~% ;I N~tary P~blic in and for ~aid /~./~ ~ ~~ i~ County and State STATE OF CALiFORNiA t ~' Coum~, of __SAbL_.~LEGO On ffiis .......... ~..~h .................. ~y o~___n.~Y~ ........... i, file y~ar ~.~.~.~ ............... before mc. a Notary ~b~i, ~n ~n~ ~o~ SAN DTFGO ........... ~--L__County, State of California, residing therein, duly commissioned and sworn, personally ~ aP Pea r e d --I~- ~A~" '~Y-- 'E'~'--~ ~0-V~' R"~ l~rsonally known to me, f-I proved to me on the basis of ~th-factory evid~nc~ to be the person whose name is subscribed to this instrument as the attorney in fact of ....... and acknowledged to me tha [] he ~] she subscribed the name of _.~.~.....A~. ~A~___]]~.~_U.B,A,~.(~]~__(].(~/]~k'~J.I. .thereto as surety, and [] his (~ her own nam~ as attorney in fact. , I,N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year stated in_this cerEficate above~ My commission expires ........ · ............. ' PO¥~'ER OF' '~ 'A1TORNEY ' THE AMERIC,~N IN CE COMPANY KN6~V ~LL MEN BY THESE PRESENT~: That THE AMERICAN NSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Sersev.. and having its principal o~ce. in the C v. and County of San Francisco. California. has made_ constituted and · appointed, and does b~, these presents make. constltUle and appoint WAYNE G. PLAZAK and NANCY E. GROVER jointly or severally its true and lawful Attorney(s)-in-Pact. with full power and authority hereby conferred in its name. place and stead, to execule, seal. acknowledge and · . deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corpora ion and du y a tested by its Secretary. hereby ratifying and confirming all that the said Attorney($)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERfCAN INSURANCE COMPANY now in full force and effect. This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on thc 28th day of September. 1966. and said Resolution has not been amended or repealed: · 'RESOLVED. that the signature of any V ce-President Assistant Secretary and Resident Assistant Secretar,,, of this Corporation. and the seal of this facsimile, and any power of attorney any revoca on of any power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-Pr~sident. and its corporate seal to be hereunto affixed this 29th day of Auqust 10 78  THE AMERICAN INSURANCE COMPANY STATE OF CALIFORNIA, } ~. CITY AND COUN'I'Y OF SAN F'RANCISCO On this 2CJthday of Auglj~ ~ . 19 7~ . before me personall,', came Wi ] '1 fam W. Lauber tO me known, who. being by me dull,' sworn, did depose and say: Ihat he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that tbe seal affixed to the said instrumen: is such corporate seal; that it was so affixed b) order of the Board of Directors of said Corporation and that he signed his name thereto by Eke order IN WITNESS WHEREOF have bereun o se my hand and affixed my official seal the day and year herein first above written. -'. ~ SUSIE K. GILBEP, T . .--' . , . &T-T,- ::~) FR3TXRY lq,'~tl~ - CXLIFOflNIA . . /f~ Commass~on Ex~r~s N~, 17, 1980 ~ i I I I illllallll l IlI~III'I'III'IIII.IIIIII~IHIII~ al~il 8 CERTIFICATE STATE OF CALIFORNIA. } ss. CITY AND COUNTY OF SAN FRANCISCO I. the undersigned. Assistant' Secretary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. DO HEREBY CERTIF that the foregoing and attached POWER OF ATTORNEY remains in full force and bar nOl been revoked and furthermore that Article VH Signed and sealed at the City and CounR, of San Francisco.'Dated the .... - 1743 BOND NO: 731 54 13 WHEREAS, the City Council of the City of Chula Vista, State of California, and PACIFIC SCENE, INC. -~900 H~ARNEY STREET~ SAN DIEGO, CA 92110 (~ereinafter designated as "Principal'.) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project PARC~ACIFiC AT EASTLAKE __0nit 6~9 ~ ]0-- ~ is hereby referred to ~nd 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 3 of the Civil Code of the State of California. 4 of Division NOW, THEreFORE, said principal and the undersigned as corporate Surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers;. materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of THREE HUNDRED NINETY-EIGHT THOU~AND- ~EVEN ~DRE~D NO/t00 ....... d~llars ($ 398~700 00 ),' materials furnished or labor thereon of a~y kind, or for amounts due under the Unemployment Insurance Act with re:pect to such Work or labor, that said Surety will pay ~he Same in an amount not exceeding the amount hereinabove set orth, 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 bend 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. · 1744 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. duly executed by the principal and surety above named, on PACIFIC SCENE. INC. THE AMERIC.%N INSUR~%MCE COMP.~NY PW-E-34 STATE OF CALIFORNIA ) 1 7 4 5 A~OR.~E¥' :-. THE AMERICAN INSURANCE COS~ANY ~. O~ ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation dul~ organized and ~ting under lawn of thc State of New Jersey and having its principal office in thc Ci~y and Count:,' of San Francisco, California. has made. consl~tulcd and , appointed, and docs by these pre,cats make. constitute and appoint ~AY~E G. PLANK and HAHCY E. jointly or aeveral~y its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and ;~ead, Io e~cule, s~. acknowledge and :deliver any and all bonds, undertakings, rccogni~nccs or other wet(ten oblfgations in thc nature thereof ............................ and to hind the Corporation thereby as fuUv and o he same extenl as if such bonds were signed by the President. sealed with the corporate ~eal of the Corporation and dub' attested bv .... its Sccretarv. hereby ratifying and confirming all that the sa~d .~ttorney(s) in Fact may. do in the premises. This power of attorney is grained pursuant to Article VIII. Section 30 and 31 of Bydaws of THE AMERICAN INSURANCE COMPANY now in full force and effect. This power of attorney is signed and sealed under and by the authorily of the follov, ing Resolution adopled by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966, and said Resolution has not been amended or repealed: ' valid and binding u~n ~he IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused ~he~e vresems ~o be ~gned by h~ V~ce-~e~dem. and ~s corporate ~ea] ~o be hero,mo affixed ~ THE AMERICAN INSURANCE COMPANY STATE OF CALIFORNIA, CITY ~D COUP' OF S~N ~ANCISCO ~t~is29thdayof AUOUSt ~9 7~ .~foremepcrsonall~ ~ame ~l 1 ~am ~. Lauber 1o me known, who. being by me duly sworn, did de.se and say: Ihal he is Vice-~esidcnt of'THE AMERICAN INSURANCE COMPANY. the IN WITNESS WHEREOF. I have hereunto set my hand and affixed my offic a sea. he day and }ear herein firs above ~riuen. SUSIE K. GILBERT -~ ,' . : ~ C~mis~on ~ N~. 17, 1980 ~ CERTIFICATE STATE OF CALIFORNIA. CITY AND COL'NTY OF SAN ~AXCISCO ~ ss. I. Ibc undersigned. Assislam Secrc~ar~ of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporat,on. ~ HERE~Y CERTIFY lhal Ibc forcgo,nB and allachcd ~WER OF A~ORNEY rcm3m~ ,n f~H fore* and ~R no~ bccn revoked and furthermore Ihal Ara*cie VIII. in force. SigncdandscMcdatthcCilyandCount~SanFranosco. Datcd~he / da~of Bond No: 919472S , - 1746 Premium: $30.00 SURVEY MONUMENT INSTALLATION BOND KNOW ALL MEN BY THESE PRESENTS, That I/~e EastLake Development Co.mpany .s the subdivider and Principal, and the Developers Insurance a Corporation of the State of California , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of Son Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of One Thousand Six Hundred Fourty Seven dohars ($ 1,647 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as Easttake [ - Unit 9 subdivision in the City of Chula Vista, in accordance with the Contract for Completion of ',, ',ss.1747 o ents K COUNTY O~ ~ ~ ~-2_ , d desires Or~. 9'~'~'~~'--~ 7' /9~ belore me the undersigned, a NQ.tary ~ublic in a,d for ~_ sa id State. personally appeared ~~~__ ~ ~ ~ that if the ~ ~ Dell and ·~ E o of satisfactory evidence) to be the persons who executed the within instrument as . ~'~.~ ~.ame of _9-= sea, refer- · laws or a resolution of its board of directors, sailidz~corporati ~o, ra [[~n D~being {. ~ OF.-~ICIAL SEAL ~' herein as '~ ~ kn°w~t°met°be°ne°lthepartners~~/z~"~ MARY E BLACKAED o 3f the City O~ /~~ ~-.~]~ ~--~ NOTA~PU~LiC.CALiFORNiA ~ S bond, on ~ '~ ~~c~;'thenowledged to me that such corporation executed the same as~J~t"~k: ti ~ ~ 0~E~ 'mU~ i~ Ehening completion ~ ~ ~mm expir~ ~ 5 ~ the ~ such pa~ner and that such pa~nership executed the same. ~~_ '_ ~ ~ect. ~r., Pres. ~' ~' DEVELOPERS INSURANCE COMPANY P.O. Box 3343, Anaheim, Calif.. 92803 David C. Banfer ~ ~ OFFICIAL SEAL Il ~/~'-'~ NtARY ROSEN K BY: Signed and sealed at Anaheim, California, this 2 4 t h day of Thomas H. TyrelL Jr., Exe~ut~ 1749 SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT This Supplement is made and entered into this 25th day of February t 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. 9, 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 or replacement of the terms and conditions set forth addition to 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. 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 in such agreements shall be paid by Subdivider contemplated 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 WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER Chula Vista ~v~ ~ ~t~ / City Clerk- ~ Approved as to form by: Assistant City Attorney (Attach Notary Acknowledgement) 1088a 1752 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 infrast~ructure 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. NOW, 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 ~4-5) busses and 120 automobiles in accordance 7. The City reserves the right, upon adequate notice to Subdivider, to suspend the issuance of building permits for residential dwelling units (or in the alternative sewer hook-ups) for units which are served bY a gravity sewer line in Bonita Long Canyon where the City determines that the then present facilities are inadequate to provide service to additional dwelling units from this subdivision. Such suspension of the issuance of building permits of sewer hook-ups shall be lifted upon EastLake Development Company's provision of security for the completion of the works of improvements contemplated by various agreements between EastLake Development Company and McMillin Bonita Long Canyon Development with respect to oversizing the sewer lines in the sewer basin. 8. To the extent that this Addendum to the City's standard Subdivision Improvement Agreement Form No. CA-410 is consistent with said standard form, it shall take precedent over any provision therein to the contrary. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER Approved as to form by: Assistant City Attorney (Attach Notary Acknowledgement) 1088a -3- STATE OF CALIFORNIA ) )S.S. COUNTY OF SAN DIEGO ) ON THIS.~/~/ DAY OFQ_~//.,,~//~_/~?-~/_~... , 19,.~'~*~ BEFORE ME, THE UNDERSIGNED, A NOTARY PUB~I~C IN AND 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 '? ? ?