HomeMy WebLinkAboutReso 1984-11780
RECORDING REQUESTSD BY
AND tv1A~_TO: .
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(~7 .¿.J., CcL. RESOLUTION NO.
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216·1
84-389457
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11780
;~Jf1l OCT I 5
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND FINANCIAL SCENE, INC. FOR HIDDEN VISTA
VILLAGE SUBDIVISION IMPROVEMENTS BY ACCEPTING SUBSTITUTE
BONDS FOR FAITHFUL PERFORMANCE AND MATERIAL AND LABOR AND
RELEASING FAITHFUL PERFORMANCE AND MATERIAL AND LABOR BONDS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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The city Council of the City of Chula Vista does here~
esolve as follows:
NO FEE
/
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
ity of Chula Vista that that certain agreement between THE CITY
F CHULA VISTA, a municipal corporation, and FINANCIAL SCENE, INC.
or Hidden Vista Village subdivision improvements by accepting
ubstitute bonds for faithful performance and material and labor and
eleasing faithful performance and material and labor bonds
.ated the 8th day of October , 1984, a copy of which is
.ttached hereto and incorporated herein, the same as though fully
et forth herein be, and the same is here~ approved.
BE IT FURTHER
~ula Vista be, and he
:xecute said agreement
'ista.
RESOLVED that the Mayor of the City of
is here~ authorized and directed to
for and on behalf of the City of Chula
'resented by
Approved as to form by
/5/ John P. Lippitt
~h' D. Lippitt, City
os. . er
'7~
City
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2165
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
IULA VISTA, CALIFORNIA, this
84
9th
day of October
, by the following vote, to-wit:
'ES; Councilmen :
WES: Councilmen :
3STAIN: Coc.n;ilmen :
ISENT: Councilmen:
Scott, Moore, V~lco1m, McCandliss
None
None
Hayor Cox
/5/ David L. Malcolm
MAYOR PRO TEMPORE
TEST
/5/ Jennie M. Fulasz
City Clerk
ATE OF CALIFORNIA )
ONTY OF SAN DIEGO ) s s.
'Y OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11780
,and that the some has not been amended or repealed.
fED October 10, 1984
:Î . ~ /
~ Clerk~
(seal)
-660 - MpT
,. ..\..,
2166
AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC.
FOR HIDDEN VISTA VILLAGE
THIS AMENDMENT, made and entered into this 8th day of
October, 1984, by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafteer called "City", and FINANCIAL
SCENE, INC., a California corporation, 1326 Sixth Avenue, San
Diego, CA. 92101, hereinafter called "Subdivider";
WIT N E SSE T H :
----------
WHEREAS, the City and Subdivider have previously entered
into a Subdivision Agreement pursuant to the requirements of the
tentative map approved on May 6, 1980, and
WHEREAS, the City and Subdivider have also entered into a
Supplemental Subdivision Improvement Agreement with regard to the
development known as Hidden Vista Village, and
WHEREAS, as part of the Subdivision Improvement Agreement
consideration, the Subdivider was required to post faithful perfor-
mance bonds in the amount of $3,102,000 and material and labor'
~ds in the amount of $1,760,000 with the City, and
WHEREAS, due to progress in the construction of improve-
ments, the value of the work guaranteed by the bonds now far
exceeds the estimated cost of the work remaining to be done, and
WHEREAS, the boundaries of work phases no longer agree
with the locations of work remaining to be done, and
WHEREAS, the City and Subdivider wish to replace the
earlier bonds with new bonds which are more consistent with the
value of the improvements yet to be constructed.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as
follows:
1.
Subdivider agrees to post bonds in the following
amounts:
Bond Amount
Phase
$144,414
139,969
66,225
338,030
A
B
C
D
Beacon Place and Dawn Court
RidgebaCk Road to easterly subd. boundary
Condo site 4
Condo site 2 and 3
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2167
2. In addition to these sureties, Subdivider agrees to
,st a $21,000 cash bond in the form of a passbook account with
the City to guarantee that all improvements which are damaged
after their acceptance as a result of building construction will
be properly repaired.
3. City agrees to release faithful performance bonds in
the amount of $3,102,000 and the material and labor bonds in the
amount of $1,760,000 which were previously posted to secure
subdivision improvements.
4. City and Subdivider agrees that the remaining phases
of work "A" through "D" be redefined as shown on the attached
Exhibit A.
THE CITY OF CHULA VISTA
If
~t I) r"~
/.Jv~ I( L-c)(
M~yor of t~ CJty of Chula
V1Sta ~
Attest ..' / .. ;:Ø ~
~' City Clerk ~
)roved as to form by
\~~'.. 'J . " ,/ "
,/'.",L; .1../ . /./~ K.J(C ¡ . Ú-'-~
Ciky Attorney
_/
r. NO. NNOO737
21945 CA (1-83)
:poration)
TATE OF CALIFORNIA
~OUNTV OF San Diego
SUBDIVIDER: Financial Scene
.}
00 TICOR TITlE INSURANCE
)n October8. 1984 before me, the undersigned, a Notary Public in and for
aid State, personally appeared PI=> t- I=> r.1 H;:¡ 1 1
,ersonally known to me or proved to me on the basis
,f satisfactory evidence to be the person who executed
he within instrument as the F. x p. c: 1] t i Y F. Vi c: F.
'resident, and Gary A. Gramllnq
personally known to me or
'roved to me on the basis of satisfactory evidence to be
he person who executed the within instrument as the
Vl C'.F. PrF.~ i tÌpnt SiXDeJßJf of the Corporation
hat ,:uted the within instrument and acknowledged
0 . lt such corporation executed the within instru-
nem t'ursuant to its by-laws or a reso ;r:ion of its
loard of dir~ors. ~- ~ V/ .
VITNESS my ..a. n~"9~CiaI\Se.a1. -... '
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OFF1Cì/d cor"".
LAURA M WITHERS!
NOTARY PUBLIC - CALlFORN1,\ ¡,
SAN DIEGO COUNTY i~
My cClmm. expires SEP 30, 1985 \
--- ..
(This area for official notarial seal)
'. I.' .
. 'RECo'ROIN4 REQUE~Ts.D BY II of" 2168 BOND NO: 731 42 8~
NO"MA~ TO:. . /- BOND PREMIUM: $1,690,00
A r;;¿¡ ~~ .' .'.
çf¿. ~~/¿7dB~ND FOR FAITHFUL PERFORMANCE RE-BON~ (OLD PHASES I,
-7.// I L.zt. )/.?ð / ¿ 4, 7, & 8)
P I NWH EEL 2 &' 3
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WHEREAS, The City Council of the City of Chu1a Vista,
State of California, and FINANCIAL SCENE, INC. DBA THE VILLAGE
COMPANY (hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project
HIDDEN VISTA VILLAGE
referred to and made a part hereof; and
, is hereby
v~\
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
/ .{
\~í l:1S NOW, THEREFORE, we, the pr inc ipa 1 and THE AMERICAN
i"( \'1ì~ . INSURANCE COMPANIES , as surety, are
. \ f'~ ý~held and firmly bound unto the City of Chula vista, hereinafter
,~ "1;'- called "City", in the penal sum of THREE HUNDRED THIRTY-EIGHT THOUSAND
'f' THIRTY AND NO/IOO ,', ,', ,', ,', ,', ,', ,', ,', ,', ,', ,', dollars ($ 338,030.00 )
','
lawful money of the united States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
. specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full ~orce 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
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2169
-2-
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 SEPTEMBER
14th , 19 84
THE AMERICAN
INSURANCE COMPANIES
\
\
BY: ~ âø t!-¿t-
¡J
~. ,Øt-<J4~
NANCY E. GROVER, ATTORNEY-IN-FACT
Surety.
Contractor
Að6~~~
City Attorney
Pvl-E-34
)TATE OF CALIFORNIA
:OUNTY OF S;:m ni¡::>gn
)n September 20, 1984 before me,
lid State, personally appeared Peter J. Hall
ersonally known to me or proved to me on the basis
f sa6sfactory evidence to be the per~on wh~ executed
Ie within instrument as the Execut1.ve V1.ce
"esident, and GFJry A. Gri'lml ina
personally known to me or
oved to me on the basis of satisfactory evidence to be
e person who executed the within instrument as the
'icE". Pr¡::>s i ÒE".nt ~ of the Corporation
It executed the within instrument and acknowledged
me that such corporation executed the within instru-
'nt pursuant to its by-laws or a resolution of its
;'~;f;~~~;"~'J "01./ "
r1atu~.A-A~
,T, NO. NNOO737
121945 CA (1-83)
Irporation)
. .. ~
2170
IRNEY IN FACT ACKNOWLEDGMENT
} £§.
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'(
g¡) TICOR TITLE INSURANCE
the undersigned, a Notary Public in and for
OFFICIAL SEAL
. lAURA M WITHERS
. ~ NOTARY PUBLIC - CALIFORNIA
. c
> SAN DIEGO COUNTY
My camm. expires SEP 3D, 1985
(This'area for official notarial seal)
O~~...~_~L~~,~N;~Go............,_...,., t ss.
... -...__l:!."h_.___..............d', or....~R:!]'MBEjL......... i, Iii, y", ..._...~~.8.~.._._.._....._..._..._, Ii'fore m,. , No"", Pulili, i" ~d for .~d
lLDIEGQ............................................................................coo"y. S",. .f C'lifomi.. """.g 'Ii.,,'.. '01, ,"mm',,'o.., '0' SWorn, personally
d.._..lWIC.LR_-GRilll£JL."""""""""""""'_...........K1 """'nally know. to -. 0 p~.... ro - on........ or glUt"".", ",......
e person whose nam, ;< '"'«,;b,d '0 'hi, i""rom,"' ., 'he ""m" ¡, r", OL......rJÐLAMERLCAlLIIiS!1RANClL.GDMU1IT-._...-
",wk'", to m, Ib.. 0 h. ŒJ ,h. '"b"rib" lb. ""m, "f_.IHE...AMER.ICAILINsuRANCE...COMPAm-._.._-----._.lhmIO "
m' 0 h" rn hu ow, ~m. ., "'om., i, f.o.. .
,"SS WHEREOF. I h,", h","o,o '" my h'od ,od ,fth'd my oftki,' "". <h, d,y "d Y'~"""d io <hi, "p"'<", ,bo",. ~;::?
I . ) /~,
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...........~ '" ¿~.~~,..~...~~...
Notary Public
'3
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Q-"~
.. . &~ ' OFFICIAL SEAL
My commission expires ~"'.~."'~".'J'..~. . ""..""..".."""'::<""'1'¡""""'.."'ST-=-..'E"S
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\:ðt~~1 ~OTMd f'U8UC - CAtrFORrJ/A
~ \~:~~j;- ::'1." :;!.--;;¡ ::GLlNn
{¡ '-"""o,;!.- My :œ:t.." '~~'-~ s..~ Z.'o3~
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2171
BOND NO: 731 42 37
BOND PREMIUM:' INCLUDED
--.
BO:~D FOR aATERIAL AND LABOR
RE-BOND OLD PHASES
1, 3, 4, 7, & 8
PINWHEELS 2 & 3
WHZREAS, the City Council of the City of Chula
Vista, State of Cali fornia, and F I NANC IAL SCENE, I NC. DBA
THF \/111 A(',F COMPANY (herelnafter designated as
"Prlnclpal") have entered into an agreement whereby principal
agrees to install and ce~?lete certain designated public
i~provements, which said agreement, dated
19 , and identified as project HIDDEN VISTA VILLAGE
, is hereby referred to and
made a part hereof;
and
WEER~AS, Under the terms of said agreement, principal
is required be=o~e entering uFon the perfor~ance of the work,
to file a gcod and sufficient payment bond with the City 0:
Chula Vista to secure the clai~s to which reference is made in
Title 15 (co~~encing with Section 3082) of Part 4 of Division
3 of the Civll Cede 0: the State of California.
NO~'¡, T::'~REFORE, said pr Incipal and the unde~signed
as corporate surety, are held fir~ly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
material~en and other persons employed in the perfor~ance of
the aforesaid aGreement and referred to in the aforesaid Code
of Civil Prcced ;re in the su.-n of ONE HUNDRED S I XTY-N I NE THOUSAND
FIFTEEN AND NO/1OO ,': ,': ,': '/: '/: ,': ,': ,': dollars ($ 169,OI~.UU ), for
materl~ls furnlshed or labor thereon of any kind, or io~ amounts
due unde~ the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the ¿~ount 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 Chu13 Vista in successfully enforcing such obligation,
to be .:l':lélrê.:::d and f i:.:~d b:/ the court, and to be t:lxed as cos::.s
and to be incl~ded in the judg~ent t~e~ein renèered.
It is hereby ex~ressly stipul~ted and agreed that
this bo~è shall inure to the benefit of .:lnf .:lnd all persons,
co~~anics ~~d cor?orJtions entitled to file claims u~ècr Title
15 (co~~cnci~g with Scctio~ 3032) of P~rt 4 of Divisio~ 3 of
the Civil Cc~c, so as to gi~e .:1 right of act~on to the~ or
their assigns i~ any suit bro~~ht ~pon this bond.
Shc~lJ the condition of this bond be fully ~orfor~od,
then t:~i:; ct~i'Jo.ticn ~;h3l1 becc;7\e null 3nd VOlÙ, othcn,'ise it
5:1.].11 be 3;¡C: :-C~::¡i:ì i:1 :'ull :'orce <:111-:1 effect.
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2172
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of saià agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it àoes 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
SEPTEMBER 14th 19 84
FINANCI~E, INC: /1' ,
D~A~~
(\ i J
AI'~ ,~ r¡-.~. _.~. ^. -,
! \ . \
THE AMERICAN
INSURANCE COMPANIES
BY, )zaø7,:;£.~
NANCY E. GROVER, ATTORNEY-IN-FACT
Ccr..-:::-actor
,
Sure.ty
APPROVED AS TO FOR.;.¡:
~~¿~
Pí'l-E-34
~T. NO. NNOO737
) 21945 CA (1-83)
Jrporation)
(gJ TICOR TITle INSURANce
STATE OF CALIFORNIA
COUNTY OF <::;"1n f); ""]I'
On September 20, 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared Peter J. Hall
personally known to me or proved to me on the basis
of satisfactory evidence to be the pers~n who ,executed
the within instrument as the Executl ve Vlce
President, and Gary A. Gram 1 i n<¡¡
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Vlce President ~ of the Corporation
tha' Qcuted the within instrument and acknowledged
to at such corporation executed the within insrru-
llel.- ,.,ursuant to its by-laws or a resolution of its
Joard of directors. .
~ITNESS~~
,Lgnature ~ ~
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,...,0. OFFIC1A.L SF-A!, I'
.:. "'."",'" eo LAURA M WITHERS :~
i~' ~;:>" : w, NOTARY PUBliC - CALIFOR N!A lí,
~\;. e' SAN DIEGO COUNTY I~..
~ - ~'~..: - - My_c~m~..:X~ir:S :E~ ~O._1:851:
(This area for official noarial seal)
ENERAL
)WER..OF
ITOR!'óEY
. . ,,'
2173
THE AMERICAN INSURANCE COI\1PANY
""OW ALL MEN BY THESE PRESE:'\TS: -That THE: AMERICA¡"': INSCRASCE CO\\PASY. a Corporation duJy ùrganiz~d and exis1ing under the
ws of the State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
'pointed. and does by these presents make. constitute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
S true and lawful Attorney(s)-in-Facl. with fun power and authority hereby conferred in its name. place and stead. to execute. sea\. acknowledge and
~Iiver any and all bonds. undertakings. recognizances or other written obJigations in the nature thereof----------------------------
ld 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
orporation and duly attested by its Secretary. hereby ratifying and confirming an that ¡he said Attorneyts).in-Fact may do in the premises.
his power of attorney is granted pursuant to Article VlI1. Section 30 and 3\ of By-laws of THE AMER]CAN INSURANCE COMPANY now in full
)rce and effect.
"Anicle VIII. AI'I',,;n/m,"' u"d Au,¡'"ri" "J R'Sld,", AHI"unr s...muri". und AllorM".,".Fa( I und A~,"'\ '0 "" ,¡>/ L..ul P"""H u"d Mul, App",,"nlt,"
Seclion 3D, App";n',,,,"/. The Chairman ar the Board or (),rcClo" , ,he President. any Vice.Presiden, ar ¡,n) other person au' homed b) Ihe Bo¡,rd 01 DlreClo". Ihe Chairman ollhe !loard 01
Direclo". Ihe President or an~ Vice.Presiden/. ma). ',om lime to lime, appoinl Resident Assi..anl Sccr..ane, and Al1orne)s.in.Fac, 10 repre..n' and acllor and on behall ollhe Corporation and
Agents 10 aceepl legal process and make appearances lor and on behalf of the Co,pmalion,
Seclion 31 Aut/...,;"" The Aulhorlly 01 such R.sidenl Ass;"ant Sc«etari", Allorneys-ln.Faci. and Agen.. ,hall b< 0' p«scnbed in Ihe inmum<nt nidencing thCff appointment. and any such
appolnlmenl and allaulho",) granted Iheteby may b< revoked al an' lime by the Board of Director! or b, an' person empo~<r.d 10 make ,ueh appointment."
ñis power of attorney is signed and sealed under and by the authority of the following Resolution adopted by ¡he Board of Directors of TH E
,MER]CAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
mended or repealed: ' .
RESOLVED. that the Signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the ~eal of this
:orporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by
acsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shaH be
alid and binding upon the Corporation."
N WITNESS WHEREOF. THE A\1ERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
nd: ")rporate seal to he hereunto affixed this 29th day of AuQUS t . 19Æ-
THE AMERICAN INSURANCE COMPANY
By
~
w.~_I.~b ~,
\""p,..iderd
ST A TE OF CALIFORNIA.
CITY A"'ID COUr-.TY OF SA!'ó FRA~CISCO
} ss.
)n tliis 29thday of August ' 19~. before me personaHy ~ame Wi 11; am W. Lauber .
0 me known, who. being by me duly sworn. did depose and say: that he IS Vice-President of THE AMERICAN INSURANCE COMPANY. the
::orporation described in and which executed the above instrument: that he knol.l.s the seal of said Corporation: that the seal affixed to the said instrument
s such corporate seal: that it was 50 affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order,
IN WITNESS \VHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written,
. ,,1"1"""~"I"I"III"MI"IIII'llIn"IIIII""'111 .
: OFFICIAL SEAL:
: e' ," SUSIE K. GILBERT!
¡ ~'" -_EI NOTARY MUC . OUfQRKIA ::
: ~ em.. c CMfTY OF SAM fUN CIS C 0 æ
: .. My Commiuion bpires HoY. 17. 1980 i
¡ ..,IUUIIII,UIII"_""""'----'
¿~~~y:..
s",." Pub "
CERTIFlCA TE
ST A TE OF CALIFORNIA.
CITY AND COC..-TY OF SAN FRA..-ClSCO
} 5S.
I. the undersigned, Assistant Secretary of THE A\ŒRICAN INSURANCE CO\IPASY, a NEW JERSEY Corporation. DO HEREBY CERTIFY
that the foregoing and atlached POWER OF A TTOR¡"': EY remains in full force and has not heen revoked and furthermore that Article VII L
Sections 30 and ~¡ of the By-Ia\\s of the Corporation. and the Resolulion1~~1he Board of Directors. set forth in the PO\\ef of AHorney. are mw.
In force, . /d t7' Ÿ 77-. / p-//
Sir ,d sealed ar the City and County of San FrancIsco, Dated the ~da\ of /' ~4?-"'.....-1"~ . l~,
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3. LEGA TE COURT
4. OA WN COURT
KERNEL PLACE
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BEACON PLACE 8
DA WN COURT
/1144;416
RIDGE:BACK ROAD 110
TO BOUNDARY LlNEI '7
Ii /39,965 .
CONDO SITE. 4
1166,225 ;
CONDO SITE: 2 8 3
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_ 84-3-ª~458
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,.,-' 2175 .
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2176
c..
, ,.; REéoRDIN'G REQUES,.SD ~y
"þ~ TpßvL
¿ ~ /Clfl BOND
f). I). / r;¿¿. 9o2£J/2--
BOND NO: 731 42 86
BOND PREMIUM: $331.00
RE-BOND OLD PHASE 4 & 6
CONDO SITE 4
FOR FAITHFUL PERFORMANCE
"
WHEREAS, The City Council of the City of Chu1a Vista,
State of California, and FINANCIAL SCENE, INC. DBA
THE V I LLAGE COMPANY (hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identif ied as proj ect HIDDEN V I STA V I LLAGE
, is hereby
referred to and made a part hereof; and
f
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, \,\
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
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NOW, THEREFORE, we, the principal and THE AMERICAN
, INSURANCE COMPAN I ES , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of S I XTY-S I X THOUSAND TWO HUNDRED
TWENTY-FIVE AND NO/IOO ,'~ ,'~ ,'< ,'< ,'< -:~ ,'< ,'< ,'< dollars ($ 66,225.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
. specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full ~orce 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
\Q_\\1ßD
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2177
-2-
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 SEPTEMBER
14th , 19 84
THE AMERICAN INSURANCE COMEANY
Contractor
BY :)1 ~ (!L~~ !it? ~
NANCY E. GROV~ ATTORNEY-IN-FACT
Surety
APPROVED AS TO FORM:
~~~
- City Attorney
. Pý7-E-34
..
--
~~~~~ o~~...=.~.:~~.~.~..DIEGÜ............... f ss.
On this .......J~.~~........................................day of ...ß.~.~.::r..~~.~.13-........................., in the year ...............~.~..?A................_......................., before me, a Notary Public in and for said
.........................$.A:N......P...:r:.~.G.9..........................................................................................................County, State of California, residing therein, duly commissioned and sworn, personally
appeared .......................................N.A.NÇ.¥.....~..,......GRQv..~.R...................................._............._...Upersonally known to me, 0 proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact Of.......I.Ii~.....N1~.~IÇ~....):.~.ê'y'B:@.Ç)~......ÇQ~MX...................._......
. and acknowledged to me that 0 he KJ she subscribed the name of ............IHE....AMERlCANn...INSURANCE.....COMP.ANY..........................._.....................thereto as
surety, and 0 his IX! her own name as attorney in fact. ,
IN WJTNESS WHEREOF. J hm h",""to '" my h~' ""d "'>cd my "",i,1 "", '"' d" ~, Y":7"" i" 'hi, ÿ"" 'bo¿;/'
...........~~~...d?"~~n....m..m
OFFICIAL SEAL
..............ADELY./N..M..SiEVfRS
NOTA~ "velte .. CAUFORNIJ
S.\N Dt£GO I~O:"'NTY
My COr:1m. c'1'i~~ S¡;:P 2, 1Sa
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CAT. NO. NNOO737
TO 21945 CA (1-83)
(Corporation)
2178.
t
ST ATE OF CALIFORNIA
COUNTY OF ~rm ni PCV"'
On September 20,1984 before
said State, personally appeared Peter J. Hall
personally known to me or proved to me on the basis
of satisfactory evidence to be the pers\)ß who. executed
the within instrument as the Executlve Vlce
President, and Garv A. Graml inç¡
personally known to me or
proved to me on the basis of satisfactory evidence to be
the .Rerson who c;xecuted the within instrument as the
'VIce .PreS1Œent ~ of the Corporation
that executed the within instrument and acknowledged
. to me that such corporation executed the within instru-
, menr pursuant to its by-laws or a resolurion of its
board of directors ;æ
, WITNESS m h wand ficial seal. t
I SIgnature
A ITORNEY I~ FACT ACKNOWLEDGMENT
} SS.
101
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380042-' -83
"\to
'Q;-_\\
go TICOR TITLE INSURANCE
me, the undersigned, a Notary Public in and for
OFFIOAL ~E.'" L
." LAURA M WITHERS
.1\ NOTARY PUBLIC - CALIFORNIA
. : SAN DIEGO COUNTY
My comm. expires SEP 3D, 1985
(This arc:a for official notarial sc:aI)
My commission expires.. ..
.-.
-.e--- . """"~.-.." . -... ~ -
_...-0
~ .-
2179
BOND NO: 731 42 86
BOND PREMIUM: INCLUDED
Bmm FOR HATERIAL AND L.:i;BOR
RE-BOND OLD PHASE 4 & 6
CONDO SITE 4
WHERE~S, the City Council of the City of Chula
Vista, State of California, and F I NANC I AL SCENE, I NC. DBA
THE V I LLAGE COMPANY (hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and co~?lete certain designated public
i~provements, which said agreement, dated
19 , and iden ti f ied as proj ect HIDDEN V I STA V I LLAGE
, is hereby referred to and
made a part hereof;
ana
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a geed and sufficient payment bond with the City of
Chula Vista to secure the clai~s to which reference is made in
Title 15 (cc~~encing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NO:'i, T:-!ER.EFORE, said principe.l 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 perfor~e.nce of
the aforesaid aGreement and referred to in the aforesaid Code
of C i vi 1 Preced ~re in the su.-n of TH I RTY-THREE THOUSAND ONE HUNDRED
THIRTEEN AND NO/IOO ,', ,', ,', -:, ,', ,', ,', ,', dollars ($ 33,113.00 ), for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment In3urance Act with respect to such
work or labar, the.t said surety will pay the same in an amount
not exceeding the årnount 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 Chul~ Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as cests
and to be incl~ded in the judg~ent therein rendered.
It is hereby expressly stipu13ted and ùgreed that
this bond sh3l1 inure to the benefit of ùny- ùnd all persons,
co~panies and cor?orations entitled to file clai~s u~Gcr Title
1 5 ( co;:-;:;¡ en c i;¡ 9 ",' i t h S e c t i 0:1 303 :::) 0 f P.::; r t 4 0 f D i vis i 0:1 3 0 f
the Civil CC(!c, so as to gi~e a right of ùction to the~ or
their assiç:ls in any suit bro~~ht ~pon this bond.
ShculJ the condition of this bo:ld be fully pcrfor~cd,
then t:~i:3 otli,:;.:::tien ~ih3ll beco~e null and void, othcn,'ise it
s:1Jll be .:¡nd ;:c::l:li;) in full ferce an,1 ef::cct.
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2180
-2-
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
SEPTEMBER 14th 19 84
FINANCIAL~E, INC./ /' "'1
D~~~
I \ \
THE AMERICAN
INSURANCE COMPANIES
BY: /1 Ú-?1Û/-" fi:.,,<~
I
...
Con:.::::-ac-::.or
NANCY E. GROVER, ATTORNEY-TN-FACT
Surety
ðZ~~
City .::"'"C.::.crney
P'í';-E-34
CAT. NO. NNOO737
TO 21945 CA (1-83)
I (CO;~:~;o~~ CALIFORNIA
,¡ COUNTY OF San Diego
On Se¡;>ternber 20. 1 9R4
t said State, personally appeared Ppt-pr 1 H",.ll
personally known to me or proved to me on the basIs
OJ of satisfactOry evidence to be the perso~ who ~xecuted
:¡ the within instrument as the F.XPC'.l It , VP V, C'.P
:t President, and Gary A. Grarnllnq
~ personally known to me or
~ proved to me on the basis of satisfactory evidence to be
~ 1 the person who executed the within instrument as the
¡ \Tj C',", R!;.¡;¡¡oidQm ~ of the CorporatIon
that executed the within. instrument and ac~n~w~edged
to me that such corporatIon executed the wIthin Instr.u-
ment pursuant to its by-laws or a resolutlOn of Its
board of direc ors.
WITNESS my an
(f;J TICOR TITle INSURANce
} ss.
before me, the undersigned, a Notary Public in and for
OFFTC1 A L :::r: /\ !..
LAURA M WITHERS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires SEP 30, 1985
Signature
(This area for official notarial seal)
ENERAL
)WER 0.1' .
ITORNEY
. ."
2181
THE AMERICAN INSURANCE CO~'fPANY
"iOW ALL M~1" 'BY THESE PRESE~TS: That THE AMERICAN ¡NSt.:RA~CE COMPA~Y. a Corporation duly 'Hganizêd and existi~g under the
"",s of the State of )\;ew Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
,pointed. and does by these presents make. constitute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
s true and lawful AItOrney{s)-in.fact. with full power and authority hereby conferred in its name, place and stead. to execute. seal. acknowledge and
:liver any and all bonds. undertakings. recognizances or other wriuen obligations in the nature thereof----------------------------
ld to bind the Corporation thereby as fully and to ¡he same extent as if such bonds were signed by the President. sealed with the corporate seal of the
orporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in.Fact may do in the premises.
his power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By.laws of THE AMERICAN INSURANCE COMPANY now in full
nce and elf ect.
.. Anicle VIII. Apf",¡olmrol uod Aulh",;" "f Rnidrnr AH¡"Un! Sremu,ir.'. uod Alluron.in.F.II uod A~rnl< '" '" 'rpl Lrou/ p"","" uod Mukr App""uo, n.
Secl1on JO. Appmnlmrnl. The Cha"man of Ihe Board of Directors. Ihe Presidenl. any Viet.Presideo! or .ny olh<r ~"on authorized b, the Bo.rd ot Dirtelors. Ihe Chairman of the Board of
[);,.elors. the President or any Vice.Presidenl. may. from lime to time, appoint Resident Assistant Secre.."es and Allorne) s.in.Facl 10 represent and ac! for and on behalf of Ihe Corporation and
AgentS 10 accept Ie pi process and make ap~arances for and on behalf of the Corporation,
Section) 1 Au/h",;,v. The Aulhority of such Resident Assi..ant Seeretar..s. .~lIornC},.in-Facl. and Agents shall I:>< os prescro~d in the InStrumenl evid<neing their appoinlmenl. and .ny such
appointment and allauthor"y granled ther<hy may b< revoked at any time by th< Board of [)-,..ClOrs or by any ~"on ,mpo..er<d to mak, 'uch apP",nrment."
'his power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
.MERICAN INSURANCE COMPA1'-:Y at a meeting duly called and held on the ~8th day- of September. 1%6. and said Resolution has not been
mended or repealed:
'RESOL VED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the \eal of this
:orporalion may be affixed or printed on any power of attorney. on any revocation of any po.... er of attorney. or on any certificate relating thereto. by
acsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
alid and binding upon the Corporation."
N WITNESS WHEREOF. THE A!\1ERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
IOd' 'rporate seal to be hereunto affixed this 29th day of AUqust . 19~.
THE AMERICAN INSURANCE COMPANY
By
~
, . - .~'t 1/1. ~ to ~
~ -,
\i"-Pre,,denl
ST A TE OF CALIFOR!'It1A.
CITY AND COU]','T"" OF SAN FRANCISCO
} ~.
In this 29thdav of Augus t . 19..-Z.8..-. before me personally ~ame Wi 1 1; am W. Lauber .
to me known. who. being by me duly sworn. did depose and say that he is Vice-Pr~sidenl of THE AMERICAN INSURANCE COMPANY. the
Corporation described in and which executed the above instrument: that he knows the seal of saId Corporation: that the seal affixed to the said instrument
Is-such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunlo set my hand and affixed my official seal. the day and year herein first above written.
. IIIUI UIIIIII'..IIIIIU.MII....IIIIIUIIIUI 1111111111 .
: OFFICIAL SEAL:
i a, '-ì.' ~U~IE K. GllB.E~T i
¡ .-.'" . I NOT,UV MUC - CiUfORNIA ==
:" mY ¡ COIMY Of ~ FUNCISCO ;
: '- My (_minion bp;I'CI HO'f. 17. 1980 I
¡ 1111111111"11"""1_1"-""_----11
¿~,' -J(~~
"';","" Pub!.,
CERTIfICATE
ST A TE OF CALIFORNIA.
CITY AND COU~TY OF SA!" FRANCISCO
} 5S.
I. the undersigned. Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a >,,;Ev,' JERSEY Corporation. DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains In full force and ha' no! been re\'O~~d and furthermore that Article VIIl.
Sections 30 and ~ I of ¡he By-laws of the CorporatIon. and the ResoluttO~ the Board of DIK\:tors. set forth in the Power of Attorney. are n{'....
;¡force. ld sealed at the City and Count) of San Francisco. Dated th¿4- ;; {'f - ~~1.....- '. 19d.
ßO
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\SB4 OCT \ 5 Pl~ I: 29
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~utÙ!\i :.:.l"~:\;:'~
84-389459
NO fEE
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BOND NO: 731 42 85
BOND PREMIUM: $700.00
. .
. ;
BOND FOR FAITHFUL PERFORMANCE
RE~BOND OLD PHASE 8
RIDGEBACK ROAD TO
SUBDIVISION BOUNDARY
WHEREAS, The City Council of the City of Chula Vista,
State of California, and FINANCIAL SCENE. INC. DBA THE VILLAGE COMPANY
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project
HIDDEN VISTA VILLAGE.
referred to and made a part hereof; and
, is hereby
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
, \
\
NOW, THEREFORE, we, the principal and THE AMERICAN
INSURANCE COMPAN I ES , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
,": called "City", in the penal sum of ONE HUNDRED TH I RTY.,..N I NE THOUSAND
~NINE HUNDRED SIXTY-FIVE AND NO/lOa ,'; ,'; ,'; dollars ($ 139,965.00 )
':' lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above.bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full ~orce 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
~a
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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 SEPTEMBER
14th , 19 84
F I NANC I AL ߀'EN€( I NC . /
DBA~
. \ \
THE AMERICAN
Contractor
INSURANCE COMPANIES
BY: 7lChtz &.~~
NANCY E. GROV R, ATTORNEY-'~ì~::FÂCT ,
Surety
:AT. NO. NNOO737
'021945 CA (1-83)
:orporation)
APPROVE~)'S~!'_~RM.:_._-_J . u n__-
;¿ I r- -s ".-
~ TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF ~;m JJ;PT
On September 20, 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared Peter J. Hall
personally known to me or proved to me on the basis
of satisfactory evidence to be the person. who e~ecuted
the within instrument as the Executl ve Vlce
President, and Gary À. Gr~m 1 ; nO'
personally known to me or
proved to me on the basis of satisfactory evidence to be
th~ persQn who executed the within instrument as the
Vlce 1-'resldent ~ of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNES~:~ .
Slgnatur ,~
} ss.
OFFICIAL SEAL blic in and for said
~ LAURA M WITHERS I
~ : ~ NOTARY PUBLIC - CALIFORNIA ¡sworn. personally
. ",' SAt/ DIEGO COUNTY ~Israclory evidence
,.- My "mm, "P;Æ, SIP "'. -1985 rAID'
thereto as
( Th:::;='::_._~.LÞ
a r
My commission expires, ...... ~. ~~~~~~~~;~~ ¡
.-cr., ,': 'JOTAAYPU6l1C-CALlFORNIA.;
~. ~ ;'V £A:'f crH:O rouHT' r
-io¡; U, ccm:it. etpire$ s:J' 2. 1935 :
IlOO42- 1-82
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---- .,..- ~~
.~
2186
BOND NO: 731 42 85
BOND PREMIUM: INCLUDED
-
BOND FOR ~mTERIAL AND LABOR
RE-BOND OLD PHASE 8
RIDGEBACK ROAD TO
SUBDIVISION BOUNDARY
WHEREAS, the City Council of the City of Chula
Vista, State of California, and F I NANC IAL SCENE, I NC. DBA
THE VI LLAGE COMPANY (hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project HIDDEN VISTA VILLAGE
is hereby referred to and
made a part hereo~;
and
~EEREAS, Under the terms of said agreement, principal
is req~ired before entering upon the performance of the work,
to file a good and suffic~ent payrent bond with the City of
Chula Vista to secure the clai~s to which reference is made in
Title 15 (cc~~encing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NO;}, 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 Procee:. ~re in the surn of S I XTY-N I NE THOUSAND NINE HUNDRED
EIGHTY-THREE AND NO/IOO ..k ,', ,', ,', ,', ,', dollars ($ 69,983.00 ), for
ma~eri~ls furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the ~mount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chul~ Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, a~d to be taxed as cos~s
and to be inc1uèed in the judg~ent therein rendered.
It is hereby ex?ressly stipul~ted and ùgreed that
ttis bond shJll inure to the benefit of any and all persons,
co~panics a~d cor?orations entitled to file claims under Title
15 (co::c.-;¡cnci:1Cj ',-;ith Section 3032) of Part 4 of Divisio:1 3 of
the Civil Cc~e, so as to give ù right of action to the~ or
their assigns in any suit broe~ht upon this bond.
Shcu~J the condition of this bond be fully perfor~cd,
then t!~is ctliG'o.ticn shall becor71e null and void, othenvise it
s~,.J.ll be a;-,d '::-c~l,~i:ì in full force ¿¡nel effect.
\\,tl>
~~
" ,,~
2187
-2-
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
SEPTEMBER 14th 19 84
y
THE AMERICAN
INSURANCE COMPANIES
\
\
BY:/?tYZey- !%
~¿-
Cont::::-actor
NANCY E. GROVER, ATTORNEY-IN-FACT
Surety
;;?l:;;;~
Ci ty .:..:: ::orney
Pí-i-E-34
T. NO. NNOO737
21945 CA (1-83)
rporation)
g¡ TICOR TITLE INSURANCE
:T A TE OF CALIFORNIA }
:OUNTY OF San Dieao SS.
)n September 20 1984 '.
. . I before me, the unders¡gned, a Notary PublIc in and for
aid State, personally appeared Peter J. Hall .
ersonally known to me or proved to me on the basis
f satisfactory evidence to be the person who executed
:J.e within instrument as the RxP.í'J It i vP. Vi r'P
resident, and Gary A. Grmalinq
personally known to me or
roved to me on the basis of satisfactory evidence to be
1e person who executed the within instrument as the
Vlce President ~ of the Corporation
tat executed the within instrument and acknowledged
) me that such corporation executed the within instru-
lent pursuant to its by-laws or a re lution of its
Jard of directors.
lTl',r~" my
OFFICIAL SEAL t.~'
LAURA M WITHERS.
; NOiARY PUBLIC. CALIFORNIA \'
SAN DIEGO 'COUNTY '
My comm. expires SEP 30, 1985
gn<.
\ \1 ~1)
(This area for official notarial seal)
~.\\Î '6()
oiERJ..L
',;EROF
'OR~EY
G18~
THE AMERICAN INSURANCE CaMP ANY
~ # ~
)W ALL ME~ BY THESE PRESE'>TS: That THE AMERICAN INSL'RANCE COMPANY. a Corporation duly ùrganized and existing under the
, of the State of Nev. Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
)ìnted. and does by these presents make. constitute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
rue and lawful Attorney{s)-in.Fact. with full power and authority hereby conferred in its name. place and stead, to execute. sea1. acknowledge and
ver any and a11 bonds. undertakings, recognizances or other written obligations in the nalUre thereof ----------------------------
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
poration and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
s power of attorney is granted pursuant to Article VII!. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
:e and effect.
"Arlicle VitI. ."'rr"inlmtnl und Au/;",,;/,' "f Rrsidtnl Ass;Slunl SnrtlUr;t.\. und AII"TntY-In.FoI / und A~en/.l '" '" <'rr Le"ul P""'.I! und .\-Iukt Arr""un,tS.
SeCtion 30. Arr,,;nlmtnl. The Chairman of /he Board of DireclOrs. ¡he President. an~ Vice-Pr"iden, or an) olher person au/homed b) ,he Boord of Dlreclors. 'he Chairman of .he Bo.,d of
DiTec/or>. Ihe Pr"idenl or any Vice-President. ma~. Irom lime to time, appoinl Resident Assist.nt Stcretar;" and Anorneys-in-Fiet to represenl and iel for and on behalf of ,he Corpo,.IIon and
Agents to accepl legal pro<"s and make appearanc" for and on behalf of /he Corporation.
Stclion 31 Au/;",,;/y The Au/hori,) of such Residenl AssiStanl StcretaTi". Allorneys-In-F¡ct. and AgenlS shall þ< "' presmbtd in the In>!Tumont evidencing Ihei/ appoin,ment. and any such
appo;nlmenl and all au,hoT/l) granted Ihereby mal' he revoked al any tim, by !he Bo..d ~f [>,reCIO15 Dr by any person empov.cred ,~ mak, ,ueh appoinlment."
is power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
ŒRICAN INSURANCE COMPANY at a meeting duly called and held on the ~8th day of September. 1966. ¡¡nd said Resolution has not been
ended or repealed: . .
ESOL VED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
rporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by
simile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signatUre or facsimile seal shall be
id and binding upon the Corporation."
WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
d 1\' "Iorate seal to be hereunto affixed this 29th day of AUqust . 19~
THE AMERICAN INSURANCE COMPANY
By
~
w .~ A~..t. ~,
V",.PltSlden-
ST ATE OF CALIFOR~lA.
[TY AND COU1"c'TY OF SAN FRA!IOCISCO
} ss.
n tftis 29thday of August ' 19....ßL. before me personally ~ame Wi 11; am W. Lauber .
me known. who. being by me duly sworn. did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY. the
)rporation described in and which executed the above instrument: that he knows the seal of said Corporation: that.the seal affixed to the said instrument
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.
,WITNESS WHEREOF. I have hereunto set my hand and affixed m~ official seal. the day and year herein first above written.
IUIIIIIIIIIuuallllllll....IIIU II IIIUUII I IUIIiI I II .
OFFICIAL SEAL:
a.~ . ~U~IE K. GilBERT :
~-....": I NOTARY PU!tJ( . tWFORNIA æ
" - OTY ¡ COUKTY Of SAM FRANCISCO i
, My (om ",inion ~..., NO\'. 17, 1980 I
i 1111111'IIIIIIIIIHII_.~_---11
J ~ I);¿{~~
""I.' ~ Pub ¡,
CERTIFICATE
ST ATE OF CAUFOR:"iIA.
ITY AND COUNTY OF SAN FRA!IOCISCO
} ss.
the undersigned. Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation- DO HEREBY CERTIFY
1at the foregoing and attached POWER OF ATTORNEY remains in futl force and has nOI been revoked and furthermore that Article VIII.
ections 30 and ~I of the By-laws of the Corporation. and the Resoluti~f the Board of . ectors. set forth in the Power of Attorney. are.now
1 force U / /.J
Igr . sealed at the City and County of San Francisco.' Dated th/£d~ay of v1'~- . 19 Ý7.
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ÑO FE!
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84-389460 .2189
. I
C:
;¿ /90
C-,)ND NO: 731 42 84
'BOND PREMJ;~: $72,2.00
/j
BOND FOR FAITHFUL PERFORMANCE
RE:-B,OND ',OLD PHASE 4
BEACON PLACE AND DAWN COURT
WHEREAS, The City Council of the City of Chula Vista,
State of California, and FINANCIAL SCENE, INC. DBA THE VILLAGE CO.
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identif ied as proj ect HIDDEN V I STA V I LLAGE
, is hereby
referred to and made a part hereof; and
WHEREAS, ,Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
, -
NOW" THEREFORE, we, the principal and THE AMERICAN
INSURANCE COMPAN I ES , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of ONE HUNDRED FORTY-FOUR THOUSAND
~ FOUR HUNDRED SIXTEEN AND NOIlOO ,', of, ,', ,', dollars ($ 144.416.00 )
~~. lawful money of the United States, for the payment of which sum
,,\,:; ..well and truly to be made, we bind ourselves, our heirs,
\' "successors, executors and administrators, jointly and severally,
firmly by these presents.
,:
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, '.
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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
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, ,
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 SEPTEMBER
14th, 19 84
Contractor
-'.1'HL..AMERICAN INSURANCE COMPAN I ES
BY':71 CU¿7. g. ~~
NANCY E. GROVER, ATTORNEY~TN~FACT
, t",.
Surety, \>1 . .
:, I', ",,>1,
~EPROVED AS
':1:0 ~ORM: "0 -- -- -
;¿ I ~ (}- --'- .
f!iJ TICOR TITLE INSURANCE
AT, NO, NNOO131
021945 CA (1-83)
:orporation)
STATE OF CALIFORNIA
COUNTY OF S~n f); PT
On September 20 1984
, ' before me, the undersigned a Notary Publi' d £
saId State. personaI1y appeared Peter J. Hall '. C Ul an or
perso~ally knowr: to me or proved to me on the basis
of sa~lsf~c~ory evIdence to be the person who executed
the WIthin Instrument as the Executive Vice
President, and Gary A. Gr¡::¡m1 ing
personally known to me or
proved to me on the basis of satisfactory evidence to be
the 'person who executed the within instrument as the
Vl rp Prpc:; (Ìpnt- ~ of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pu~uant to its by-laws or a resolution of its
bo". o~
WITNESS my on 0 ~~ '
S¡gnatur ~
} ~.
OFFICIAL SEAL
lAURA M WITHERS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My camm. expires SEP 30. 1985
blic in and for said
sworn, personally
tisfactory evidence
ANY
(This area for official notarial seal)
-"-~æ,...~.~~_L. ~-
1042-1-003
'\'~O
V-/\
My commission expires
"G~'.~ , ...._~~~~7:.~.~~
, .. ~. HOTAIl't PUBLIC - CAliFORNIA
. ~ :-f.. ~" DlECO CClJNTT
~ ~~ ~. tlpires SEP 7. 1935
............--
- ----
-. .'---.
- ~
-
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2193
BOND NO: 731 42 84
BOND PREMIUM: INCLUDED
RE-BOND OLD PHASE 4
BEACON PLACE AND DAWN COURT
BO~D FOR ~lliTERIAL AND LÞ.BOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and FINANCIAL SCENE, INC. DBA
THE VI LLAGE COMPANY (hereinafter designated as
"p.::::-incipal") he.ve entereè into an ag.::::-eement whereby principal
agrees to install and co~?lete certain designated public
improvements, which said agreement, dated
19 , anè identified as project HIDDEN VISTA VILLAGE
is hereby referred to and
made a part hereof;
afld
~EE?EAS, Under the te.::::-ms 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
C~ula Vista to secu.::::-e the clai~s to whic~ reference is made in
Title 15 (cc~~encing with Section 3032) of Pa.::::-t 4 of Division
3 of the Civil Coèe of the State of California.
NOW, THEREFO~E, said principal and the unde.::::-signed
as corpora~e surety, are held fir~ly bound unto the City of
Chula Vista anè all contractors, subcontractors, laborers,
materialmen anè other persons employed in the performance of
the aforesaië agreement and referred to in the aforesaiò Coèe
of Civil Procedure in the SUi,l of SEVENTY-TWO THOUSAND TWO HUNDRED
FI(',HT AND NO/lOa ,'< ,'< ,< ,< ,'< ~< ,'< ,'< ,'< dollars ($ 72,208.00 ), for
ma~e.::::-ials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Ac~ with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the ~~ount he.::::-einabcve set forth, and also in
case suit is brought upon this bond, will pay, in aèèition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's ~ees, i~curred by the
City of Chu13 Vista in successfully enforcing such obligation,
to be ~~arded and fixed by the cou.::::-t, and to be t~xed as costs
and to be incl~ded jn the judç~ent therein rendered.
It is hereby expressly sti~uloted and agreed that
this bond sholl inure to the benefit of any and all persons,
COm?anlCS a~d co~?orations entitled to file claims u~dcr Title
15 (co~..~cnci:I'j ',.;ith Scctio;) 3032) of PClrt 4 of Division 3 of
the Civil Cc~c, so 3S to gi~e a right of action to the~ or
their asSlgns in any suit brou~ht upon this bond.
ShculJ the condition o~ this bond be fully per~o~~cd,
then t!lis obli~ation shall becc~e null anè void, otherwise it
5::a11 be o.;¡è rc~1.:1i;1 in full force and effect.
%'0
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219,1
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The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of saij agreement or the specifications accompa~ying
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
SEPTEMBER 14th 19 84
F I NANC 1 AL,..SC-1;:NE ,
DrA.TH."~.....-..V.. I... 'A,.GE
. ". C -':$ ,-
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~;(,~~,' \~ />. /'v"
..~ ,'..
THE AMERICAN INSURANCE COMPANY
BY:
/Lade;¡-- £, ~
,/
NANCY E. GROVER, ATTORNEY-IN-FACT
Ccr::.::-actor
Surety
APPROVED Þ"S :J¡:?FOF:.l:
~~~
Ci ty ..=-.:. t:Jrney
} ss.
)n September 20. 1984 before me, the undersigned. a Notary Public in and for
aid State. personally appeared Ppt-pr 1 ~íilll
,ersonally known to me or proved to me on the basts
,f satisfactory evidence to be the person who executed
he within instrument as the Exec1Jt i VP. Vi rp
'resident, and Garv A. GrFlml i n~
personally nown to me or
)roved to me on the basis of satisfactory evidence to be
he person who executed the within instrument as ~he
Vice Pres i c1p.nt Secretary of the Corporation
hat executed the within instrument and acknowledged
0 me that such corporation executed the within instru-
nent pursuant to its by-laws or a reso tion of its
)o~ ' directors.
"'I S my n
P~':-E-34
r. NO. NNOO737
21945 CA (1-83)
'poration)
TATE OF CALIFORNIA
;OUNTY OF San DieGo
;ignature
~-\ (\ to
ffD TICOR TITLE INSURANCE
On-TC"l AT c;EA L
LAURA M WITHERS
NOTARY PUBLIC .. CALIFORNIA
SAN DIEGO COUNTY
My comm. expires SEP 30. 198'5
0_\ \,\tL' .
,- (This area for official notanal seal)
¡ERAL
\'ER OF
'ORNEY
THE AMERICAN INSURANCE CO~1PAN\t!f{; ~
2195
)W ALL MEN bY THESE PRESE~TS: That THE AMERICAN INSL'RA]\;CE COMPANY.. a Corporation duly organized and existing under the
of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made. constituted and
.inted, and does by these presents make. const,tute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
rue and lawful Attorney{s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
,'er any and all bonds. undertakings. recognizances or other written obligations in the natUre thereof----------------------------
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
poration and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
; power of attorney is granted pursuant to Article VIII. Section 30 and 3} of By-laws of THE AMERICAN INSURANCE COMPANY now in full
e and effect.
'-Anide VIII. Appoinlm'n' und AUI"o,it\' of Rnid,nr Ani5lunr S€,rrru,i,.'. und AII"rn,.-in-Facl "nd A~'nf.' I" "" ,pI L,"ul P,m," "nd Muk, App""un.-,.,.
S,clion 30. Appo;n'mlnl. The Chairman of rho Board of [),rectors. ,he PreSIdent. any Vice.Pr«ident or an, OIher poISon authorIZed b, the Board of DIr<Ctors. Ihe Chairman of Ihe Board of
;:>irectors. the Presiden! or any Vice-Presiden!. may. from lime 10 lime. appoint Resident Assistant Sec/ctalles and Allornep-ln-FactIO represenl and act for and on behalf of ,he Corpor2'ion and
"sents 10 accepl legal process and make appearances for and on behalf of Ihe Corporalion.
Section 31 AUf""rir.- The Aulhority of such Residen, Assistant Secretaries. Allorneys-;n- Fact. and Agents shall be os prescribed in the instrum,n' evidencing Iheir appoinlmen!. and any such
appointmenl and all aulhorit, granted thereby may he revol.ed al any lime by Ihe Board of !)¡rector; or by' an, po"on empo..ered w mal.< 'uch appo'nlmen! ..
S power of attorney is signed and sealed under and by the authority of the f01l0wing Resolution adopted by the Board of Directors of THE
[ERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966, and said Resolution has not been
~nded or repealed:
ESOL VED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
-poralion may be affixed or printed on any power of attorney, on any revocation of any power of attorney. Dr on any certificate relating thereto. by
simile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
id and binding upon the Corporation,"
WITNESS WHEREOF, THE AMERICAN JNSURANCE COMPANY has caused these presents to be signed bv its Vice-President.
I it' 'orate seal to be hereunto a1.fixed this 29th day of AUQust . 19lL.
THE AMERICAN INSURANCE COMPANY
By
~
w .~ "-4...Þ ~ ,
ViL<-Pre"denl
ST A TE OF CALIFORNIA.
TY AND COUNTY OF SAN FRANCISCO
} ~.
I this 29thdayof August .19.-1..8-.beforemepersonally~ame William W. Lauber
me known. who,'being by me duly sworn. did depose and say: that he is Vice. President of THE AMERICA!" INSURANCE COMPANY, the
Irporation described in and which executed the above instrument: that he knows the seal of said Corporation: that-the seal affixed to the said instrument
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.
'WITNESS WHEREOF. 1 have hereunto set my hand and affixed my official seal. the day and year herein first above written.
IlIlItUllltUU.lIltlll.....lnIlIIIlIlUI 11111111.1..1 .
OFFICIAL SEAL ::
e.--. SUSIE K. GILBERT æ
:-,.. "", NOTARY PUBUC . CiUFORNIA e
~ . OTY & COlMY Of SAM ÆAHCISCO =
" My Commission Expires HOt. 17, 19&0 I
t tIt ftl' t 11111 t 111111_IUII8IItII-UIMIWtIIII
¿~~~~
1""0" Pub",
CERTIFICA TE
ST A TE OF CALlFOR:"IIA,
¡TY AND COl'NTY OF SAN FRA'\'CISCO
} 55.
the undersigned. Assistant Secretary of THE AMERICAN INSL'RANCE COMPANY. a NEW JERSEY Corporation. DO HEREBY CERTIFY
at the foregoing and attached POWER OF A DORNEY remains in full force and has not been revoked and furthermore that Article VIII.
~c[ion5 30 and 31 of the By-laws of .'h' (O'po"I'o,. '0' ,h, R"olo"°'!EJI'h, Bo'" ~ 'tOrs. set forth in the Power of Attorney. are now
force. ~
¡gn sealed at the City and County of San Francisco. Dated thedday of' J~ J . 19 /fr~
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60711 (HO)-TA-3-78
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NO FEE
2196
84-389461
. .