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Home My WebLink AboutReso 1984-11725 RESOLUTION NO. 11725 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 80-15, HIDDEN VISTA VILLAGE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Supplemental Subdivision Improvement Agreement for Chula Vista Tract 80-15, Hidden Vista Village, dated the 12th day of July 1984, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, 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 Supplemental Subdivision Improvement Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ (~~".- John P. Lippitt, City Engineer / ~." ''''-'/>/', /:(;::~ ,//,<,. /0/-1 \,>;/ _ -c ~ ".,. It.~- c' ~ Thomas J. Harton, City Attorney -iULA VISTA, CALIFORNIA, this 84 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 14th day of August , by the fOllowing vote, to-wit: Moore, Malcolm, Scott Councilmen YES: AYES: BSTAI N; BSENT: Councilmen None Cooocilmen Mayor Cox Councilmen McCand1iss i ~-\'; R a, Mayr:IJ of6.e City of Chula Vista . I nEST.. 0/1MC~.e-.~) ~LC~dj/ . / City lerk - ( fATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s. TY 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11725 ,and that the same has not been amended or repealed. HED City Clerk (seaJ) C-660 JtNG REQUEgTED !'IV ,;~ I\): .'l ~ - - 164 84-326035 f---"" ...~ I ,- i ,[ r ~ " ,," u ., I, " In: C', -j _,' .1..... <.." , , ; , , i;. ~ ' : J :,,','.,,; 'T,i::'^i RESOLUTION NO. 11725 "J8~; AUG 27 Ii;': If: 18 [ Vi-T"'- COll'iJT"': 'I' I, " ..., I .,' 'I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 80-15, HIDDEN VISTA VILLAGE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY ." j " NO FEE ('1(y The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Supplemental Subdivision Improvement Agreement for Chula Vista Tract 80-15, Hidden Vista Village, dated the 12th day of July , 1984, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is here~ approved. BE Chula Vista execute said and on behalf IT FURTHER RESOLVED that the Mayor of the City of be, and he is hereby authorized and directed to Supplemental SUbdivision Improvement Agreement for of the City of Chula Vista. Presented by Approved as to form by /s/ John P. Lippitt John P. Lippitt, City Engineer Harron, -f_ - . 165 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HULA VISTA, CALIFORNIA, this I 84 14th day of August .- , by the following vote, to_it: Moore, Malcolm, Scott YES: Councilmen AYES: Councilmen BSTAI N: Councilmen BSENT: Councilmen None Mayor Cox McCandlfss 01 I) 11 "-: . ...' l'Jt Mayor cf th~ City of Chula Vista TTEST ,. TATE OF CALIFORNIA ) :)UNTY OF SAN DIEGO ) s s. TY 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. 11725 ,and that the same has not been amended or repealed. ~TED August 15, 1984 (seal) ? C-660 '1- 166 Revised 7/6/84 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT 'rHIS AGREEMENT, made and entered into this 12th day of JULY , 1984, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter 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 development known as Hidden Vista Village comprises a significant acreage, with a number of uses and various phases scheduled to be completed over a period of years, and WHEREAS, because of the magnitude of the project and the monies involved in insuring the improvements in the public interest, it is desired that said program move forward as rapidly as possible, and vlliEREAS, the tentative map for Hidden Vista Village Subdivision was approved on May 6, 1980 by City Council Resolution No. 10081-A, and WHEREAS, the subdivider and the City have entered into a subdivision improvement agreement pursuant to the requirements of the tentative map approved on May 6, 1980, and WHEREAS, the City and the subdivider concur that construction of improvements shown on new drawings is more efficient and advantageous than those shown on the original drawings, and WHEREAS, the improvements shown on Drawings No. 84-43 through 84-46 inclusive are plans which are more efficient for the currently proposed improvements than those originally prepared for that portion of the subdivision, and WHEREAS, an estimate of the cost of construction of said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $64,000, and WHEREAS, this supplemental subdivision improvement agreement will take precedence over the original subdivision improvement agreement entered into between the parties only for those portions covered by both agreements. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD N,D 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 Ie -/17,;z5- <- un public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary rna.terials therefor, all in strict confomity 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. 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 thirty-two thousand dollars and no cents ($32,000) which security shall guarantee the faithful performance of this contract by subdivider and is attached hereto, marked Exhibit "A", and made a part hereof. 3. 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 thirty-two thousand dollars and no cents ($32,000) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibi t "B", and made a part hereof. 4. Subdivider agrees that the completion date for the improvements shall be two years fran the date the City Council of the City of Chula Vista executes this supplemental subdivision improvement agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE crr'!' OF CHULA VISTA SUBDIVIDER wI I ' MaYOr'~f\r~i~ o~~~ula Vista ATTEST ~lJ/..y' /JJ. /J/;/ Ud.;;/ . ,/ City Clerk tJ Financial Scene, Inc. Approved as to form by By: J " J Title: '. Date: " !\ (LA iJ. C:tG Assistant City Attorney By: //;;..(:4,/<, T" t I -" > 1 e: /7,,~<' /',...c/ Date: "'':/I'~ .'jf-~~/ , r' , / '\ '1 '--; \\ l,1"- '). , ~ -2- " 168 ~ TlCOR TiTlE INSURANCE On Julv 26. 1984 before me, tbe undersigned, a Notary Public In and for said State, personally appeared r::.riry 11 r:r.riml ~ ni) 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 Vi r-p President, and M. F.. Tntt1 nr persona y known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru~ mem pursuant to its by-laws or a resolution of its board of directors. .'., " WITNESS ~y h,,:~d QlliCl:JW1t~ S' t - f-- ~~--.:-- <-<- L_<_ <...-- 19na ure, _~ --::....- ~ - CAT. NO. NN00737 TO 21945 CA (1-83) (Corporation) STATE OF CALIFORNIA COUNTY OF San Diego } ~, t ~ "' ~ % .. .J L C ~ . ~ r;~~~ . '-0F~~~Zl~:-~r ,:4_;j~, lAURA M WITHERS :! .~ i,{:'2.-~,:): NOTARY PU8L1C - CALlFORrJiA :( , "~",.,k-r:f!2' WI DIEGO CDUNTY It ~<o..,~..,.. My {tlmm. exp.~EP 30, 1985 I (This area for official notarial seal) .oJ , ',\'). \to\ .J 16 ~~ BOND NO: 731 39 75 BOND PREMIUM $160.00 'I BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and MeM; 11 in/Terra Nova (here1nafter des1gnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated June 1 19 R4 ,and identified as project WINDJAMMER CONDOMINIUMS LOTS 324 and 325 OF CHULA V I STA TRACT 80-15 ' is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and THE AMERICAN TN~TlRAl\lr.li' rOl\fPANY , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter call~d "City", in the penal sum of THIRTY TWO THOUSAND AND NO/100 ------------------------------------- dollars ($ 1? nnn nn ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in- cluded in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the " -2- .J J _ l'tO 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: IMPROVEMENTS OF PUBLIC SEWER WITHIN WINDJAMMER CONDO~lINIUM PROJECT In witness whereof, this instrument has been duly executed by the principal and surety above named, on JUNE 25th , 19 84 MC MILLIN/TERRA NOVA BY: MC MILLIN DEVELOPMENT COMPANY 'f. , 'J, / '/ , / / /1.. IHE ~lERICAN INSURANCE COMPANY 2550 5TH AVENUE SAN DIEGO, CA 92103 l,_';~:;' r- ~--"-, J<!!;/ '//(.__(:,.--')./1...<-(.. . '1 BY:,7 :l t. NANCY E. ~{j GRl1VER, ATTORNEY" IN - FACT Surety Y- Contractor A~~ City Attorney Pvl-E-34 .. l. . ,\)." \' \ y - . } ss . Jwfon' !TIe, the llnder.~iple,j, a '\o!ary "uhlil' in and for "aid County and Slatf', personall\ ;I[lj>t'ilrl-'d L 1 OY9. __V. Hill , knOWIl to Ill{' [I' Iw tile Sr. Vl'n~s~detlt, and V i. rg i 1 ~. ELL i_()Jt, knowfI to Ill(' to lw tlw ~L~~-Pr_~~_."l't~rnfY of_l1c.M..i Illn __ D_eve lQPmen t, '_ne. , the ('nrporation that t'xt'I'lltt'd the wlthin iw;tr"lllllenl arid kllOWIl to lilt' to he the persolls who f'x(:'r'lltf'd tlw ~'ithill ilh/rumen! Oil Iwhalf of said corporation. said corporation IWlllg known to Ill(' to he one of the partners of McMIU in/T"rra Nova _ _____ th, partnership that f'xf'clltt'd the within ins/rument. and a('knowl~dge,j to me that sllch corporation ext'('utt'd the ."ame as sud) purIne] and that ,.,uch l'artllcr.ship ('x('ruted the "am!'. STATE OF LlLlFORNIA UllJNTY OF San Diego 0" June 25, 1984- .'_~ 1 7 1 @] SAFECO FOR NOTARY SEAL OR STAMP ~_......~ OFF l....lAL SEAL JOYCE A BENEFIELD NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires FED 13, 1985 .....,. K'( , , .;..-t-.J TIORNEY IN FACT ACKNOWLEDGMENT rATE OF CALIFORNIA oonly of...... .SAN....D lEGO f ". 25 th day of JUNE , in the year 1.9.8.4 ' before me. a Notary Public in and for said SAN. DIEGO County. State of California. residing therein, duly commissioned and sworn, personally ppeared.. ..n. NANCY..".E.. ... GROVER .. Dffipersonally known to me. 0 proved to me on the basis of satisfactory evidence ) be the person whose name is subscribed to this instrument as the attorney in fact of... +J:I:~__._.M1~.RIG.AN,...__:J::Ng.v..MN.G.~.....GQMJ~ANX. :ld acknowledged to me that 0 he ~ she subscribed the name of TI:r~____A~:T~_RJ_,G,AN___".lN_;;lI.RAN_C.E,.....G.oMP.,ANY.... ... ... ....thereto as lrety, and 0 his Gt her own name as attorney in fact. o,J WITNESS WHEREOF, I have hereunto set my hand and affixed my l)fticial seaL n this the Jay andyear stated in this c.ertificate abOV. c_/. ,,' , ,-j /' , ,/-' /' ~:~~~:_~~<', OFFICIAL SEAL .... ....f.<_:.~,'.,\~_..'.-,;,.t/}.>~,~~~:rCRS r~r.:ThQY PUR' 1(" . (>iU~'OR~J~A c..o/~,<~",...d... '0042-1-83 ') { \\'\ :J.-L ,~"'- "''' ....""._ r-'<~ My commission ex.pires _tf[~:~: :.~~,. UT:.i'~ :""1 \ ',~h"".,,,,-i ~ t. ,:. ~,'- 'v.', ".' '~~'""" (! '<..,:::~-:~.>.' ."....,....--. ~-,.t-;:. "__l.. >- ~-1:, :,""fl. ~ 'i';:-~$ $';; !, I1B5 II ._..~...t'";,,-, ., a~""".---.---V'-,.....",,-~ ;E"":R,\I, 'OWER OF ~ TT\lk!\EY .,'L - 172 THE AMERICAN INSURANCE COMPANY ~NO'\' ALL I\IE!'I BY THESE PRESENTS: Thai THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and nisting under the lws.of the SUle of New Jersey, and having its principal office in the City and County of San Francisco. California. has made, constilt:ted and ppomted. and does by [hese presents make. constitute and appoInt WAYNE G. PLAZAK and NANCY E. GROVER jointly or severally s true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to ex.ecute. seal. acknowledge and ehver any and all bonds. undertakings. recognizances or other written obllgatlons In the nature thereof __ ___ ___ ___ _ ____ __ _ _ __ __ ____ ld 10 bind the Corporation thereby as fully and to the same extent as if such honds were signed by the President. sealed with the corporate seal of the orporafion and duly allested by its Secretary, hereby ratifying and confirming all that the said Altorney(s)-in-Fact may do in the premises. his pO~'er of attorney is granted pursuant 10 Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full lrce and effect. Article VIII, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-~iesident or any other person authorized by the Board of iH':ctors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries ld Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on :half of the Corporarion. Section 31. Aurhoriry. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument idencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by IY person empowered to make such appointment." li, pO\.lo'er of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE MERICAN INSCRANCE COMPANY at a meeting duly called and held on the ~8th day of September. 1966. and said Resolution has not been Il(kd or repealed: { .)L VFD. that the signature of any Vice-PresidenL Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this )q.,lration may he affixed or printed on any power of i-lttorney. 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 pov.'cr of aunrney. or certificate bearing such facsimile signature or facsimile seal shall he lid and binding upon the Corporation." j it~ corporate ~eallO be hereunto affixed this WITNESS WHEREOF, THE AMERICAN INSURANCE 23rd CO\1PA~Y has causeJ the'ie presents to be signed by iL\ Vice-President. dayol March 19~. By ~. . aD~ - - THE AMERICAN INSLRANCECOMPANY '"^' .~ ".~~ - , Vic.~-Pr~,jJenl STA n: OF CALlFOR'aA, nAND COI'NTY OF SAN FRANCISCO l I'" 23rd March 81 Wi 1 J iam W. Lauber this dayof , 19 , before me personally came me known. who, being by me duly ~worn, did depose and S'-lY: that he i~ Vi(:c-Prcsidell! of THE AMERICAN INSURANCE CO~1PANY, the Cur- :lIiorl described in and which exewted the above instrument; that he knows the seal of ~aid Corporation; that the seal affixed lO the ...,aid instrument uch corporale seal; that it \\'-l, so affixed by order or the Board of Directors of said Corporation and that he signed his name therelO by like order. V,:ITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above writlen. 1IIIIIIIIIIiI.............II...,IIIIIIII..IIIIIII........ OFFICIAL SEAL :: 6,-:;' . SUSIE K. GILBERT ;: ~c'. ~ ..'11 .; HOTAR.Y .PUBlIC . CAlIFORNIA 5 ~ a1Y & CQUIITY OF SAN AlAN CISCO ;: . My CommISSion Expires Nov. ]], ]984 i I.................,.............II...........HII.. ~~~~~ N"lar) P\lblic CERTIFICATE STATE OF CALIFORNIA, 'y AND COl'NTY OF SAN FRANCISCO l I'" he undersigned, Resident Assistant Se(:ret3ry of THE A~f[R[CAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- .Y that the foregoing and allached POWER OF ATTORNEY remaim in full for(:e and has not been revoked; and furthermore that Article VIII. St'\'> IS 30 and 31 of the By-laws of the Corporation, and the Reso]ution of the Board of Directors, ~et forth in the Po\\'er of Atlorney, are now in for..:c. i led and ~ealed at the Cily and County of San Franci\L:o. Dated the I.,!. i.:./, davof _ ...i-G.I-" ~ . f!?6!;",,,,,, ?,y' , I 9 -------'-- L- v- . \\:>" \ 711.TA-11-80 , -- \ -, < 17 ;{ BOND NO: 731 39 75 BOND PREMIUM: INCLUDED -~ BOND FOR ~ffiTERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and McMTI,J.TN/TERRA NOVA (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated JUNE 1 19 84 ,and identified as project WINDJAMMER CONDOMINIUMS TnT ?")L.. ANn 1.?l:\ OF r.HTlTA VT~TA TRAr.T 80-11) I is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the clains to which reference is made in Title 15 (co~~encing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of THIRTY TWO THOUSAND AND NO/lOO ------------------------------------ dollars ($ 32.000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment In3urance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by tho court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond sha].l inure to the benefit of any and all persons, companies arId corporations entitled to file claims under Title 15 (cor,:cencing with Section 3082) of PJrt 4 of Division 3 of the Civil Co(1c, so ~s to give J right of action to thern or their JSslgns ln any StIit brOl!sht upon this bond. Should the condition of this bond be fully perfarned, then thi:; oblir]Cltion ~;hClll bcco~c null Lind void, otherwise it shall bc: ane} rcr:1ai:l in full forc(~ und (c:ffcct. ;' , / / ./ ~ ,~ 174 -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 duly executed by the TTTNF: ? S whereof, this instrument has been principal and surety above named, 19 84 on McMILLIN/TERRA NOVA BY: MC MILLIN DEVELOPMEN~ COMPANY " /,~"j,' J,-{-- ,,/ , II THE AMERICAN INSURANCE COMPANY 2550 5TH AVENUE SAN DIEGO, CA 92103 y . i. ( c';: 'i , -:t;' BY:' '!(..i<tJ' &: ,/~j/u',-. NANCY ~: GR~~, ATTO~NEY-IN-FACT Surety Contractor APPROVED AS~ FORM: ~~~ City Attorney Plv-E-34 \\\).<) ~}. ,TATE OF CALIFORNIA :oll,<n OL San Diego June 25, 1984 } 55. '*" ~ 175 )" m SAFECO . be fort' me. the unrlt:r",igncd. '\!otiHY Puhlic in and for said (ollnty and Stale. per<.;onally 1'1'l'iln'lJ l:._tOYQ V. Hill , kml'ovn to ille to ,t' llwSr. _V_':'Pw",ident. and VirgLL E. EJJ iottkllown o Ill!' to be then Vi ce~Pres. ~,...~t.oI..y of_.M.c.lli Ll.in Deve 1 QP!llent.-, J nJ;-"--_ , the corporation that '\!"'ul("d tlip withlll .in"'.lr"lIllH'lI! IInd known to me to Iw the fHTsons (hn !-'Xl:'('lItt'd the ~'Ih'n Instrument on Iwhalf of ",aid rorJloratiotl, ,lid ('orporallpn hem!! known to me 10 be one of the partners of _ McMillin/Terra Nova~_ u_ _, ,he 'ilrtner",hll' that eV'('llted ~1H: within in-;tJ'lIlllf'llt, and (wknowledp:eJ ) me that such ,'orpO,r<111011 eXl:'clltf'd tfw salTlt' as surh partner nd that "'ud1 l'arlller,..;hJp l'xt','uted tilt' SJIIlf'. FOR NOTARY SEAL OR STAMP -~~'~~~-~C1 OFFICIAL SEAL' JOYCE A BENEFIELD ' NOTARY PUBLIC - CALIFORNIA , SAN DIEGO CDUNlY My camm. expires FED 13, 1985 -~ -: c \XI) ~ v--- ,TTORNEY IN FACT ACKNOWLEDGMENT TATE OF CALIFORNIA oonly of SAN DIEGO In this.. 25th day of JUNE in the year 1984 before me, a Notary Public in and for said ....SAN..,..D.IE_GQ C()unty. State of California, residing therein, duly commissioned and sworn, personally ppeared ..'..__.__n...N..AN.GY__nE..L...~.RQVE~....n--...""-n---.-..":----..,....,..n___""",----........-- ~r~nally known ~HEe. AA~Ri~AN miNS~FlN~Ef cS~pcAm evidence :) be the person whose name IS subscnbed to thiS Instrument as the attorney 10 fact oL__".."__n____......."....___...........____..............___...."........__.............--....................... .........................---................... nd acknowledged to me that 0 heU she subscribed the name of ~r.,BE...nAME.RIC.AN..."-lN..S.:u.RAN.G-E.,,,..G-QJ1r..AN.Y..... ....thereto as lIrety, and 0 hisXXher own name as attorney in fact. ".J WITNESS WHEREOF, I have hereunto sel my hand and aftlxed my oflicial seaL the day and year stated in this certificate above. l ss. -, // '-,...._. .~~".~.":"."::"_ ....c~-- /-;:~...........-;'<...c.<~:-::.-. ~_........../ a. ~ ",f.. . ',; ,-''f,"jf,.",,~'/ ~~ ~~-..-. OFFICIAL SEAL ....ADELVIN M.SiEVERS NOTARY PUBLIC - CAliFORNIA ~!l': mn-;o ~ml"!Y ~ t~~~.i~;:~S::P 2, ...~-k My commission expires 50042-1-83 ,k.~ - / /7~ I ---" a:'I-:R.\l. '(H-,ER OF ,1TO""EY . j" 1 7 6 THE AMERICAN INSURANCE COMPANY ~NOW ALL ME!\; BY THESE PRESENTS; That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the IW" of the S'atc of New Jersey. and having its principal office in the City and County of San Francisco, California. has made. constil,-i1ed and ppuinted. and does by Ihese presents make, conslllule and appoint WAYNE G. PlAZAK and NANCY E. GROVER jointly or severally s true and lawful Atlorney(s)-in-Fact. with ful] power and authority hereby conferred in its name. place and stead. to execute. seaL acknow]('dge and diver any and all bonds, undenakings. recognizances or other written obligations in the nature thereof __ ______ __ _ _ ____ __ ____ __ ____ ld fO hind Ihe Corporation thereby as fully and 10 the same extent as if such bond... were signed by the President. sealed with the corporate seal of the orporation and duly attested by its Secretary, hereby ratifying and confirmIng alllhat the said Atlorneyls)-in.Fact may do in the premises, his power of atlOrney is granted pursuant to Article VIII. Section 30 and ]] of By-laws of THE AMERICAN INSURANCE COMPANY now in full ,rce and effect. .o\rticle VIII, Appointment and Authority Assistant secretaries, and Attorney.in.Fact and Agents to accept Legal Process and Make Appearances, Section 3D, Appoinrment, The Chairman of the Board of Directors, the President, any Vice-~)iesident or any other person authorized by the Board of irectors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries Id Attorneys-in.Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on 'half of the Corporation. Section 31, Authority, The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument idencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by y person empowered to make such appointment." lis power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the B,oard of D,irectors of THE \.1ERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. ]966, and saId ResolutIOn has not been l(led or repealed: t .)LVfD. that the signature of any' Vice-Presiden!. Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this lr~,~)ration may be affixed or printed on any power of attorney. on an) revocation of any power of attorney. or on any certificate relating thereto, by :slmile. and any po,^,er of attorney. any revocatIOn of any power of attorney, or certlf'icate bearing such facsimile signature or faCSImile seal shall he lid and binding upon the Corporation."' \'\'ITNESS \VHEREOF. THE AMERICAN INSURANCE COMPANY h<ls caused these presents to be signed by its Vi('e President. 23rd March 19 81 . j its corporate seal 10 be hereunto affixed lhi) day of B, , -. . ,-^-,.l tP - _ THE AMERICAN INSl'RANCE COMPANY W'~"'f..t. - "' V'n'.Pre,idel11 STATE OF CALlFOR"IA. rv AMl COl'!';H OF SA" FRANCISCO } " 23rd March 81 Wi 11 iam W. lauber [hi, day of , 19 _ , before me personally came , lIe known, who, heing by me duly sworn, did dcpnse and say: that he i) ViCt>Prcsidem of THE AMERICAN INSURANCE Co.\1PANY, the Cor- J.lion desuibed in and which execuled the above ill'itrument, that he kno\\s the seal of said Corporation; that the seal affixed to thc..said instrument JCh corrorale seal; thaI il was so affi\eu by order 01 the Board of Direclor) of ,aid Corporation and that he signed his Ilallle thereto by like order. WITNESS WHEREOF. I have hereunto set my hand and affixed my official st'aL the day and year herein first ahove written. ..............................11.............,11...111. OFFICIAL SEAL :: ~..-;.. \ SUSIE K. GILBERT 5 '-'. ~. ; NOTARY .PUBLlC - CAUFORNIA :: '.' ~ CITY 6 COUNTY OF SAN AlAHCISCO = . My CommiSSIOn Expires Nav 17, 1984 Ii ...........,IIII................III...........H.... ~~.. -1"~~ J'I,;"'",yPtJl>li<: CERTIFICATE STATE OF CALIFORNIA. } ". 'Y AND COUNTY OF SAN FRA"C1SCO 'Ie undersigned, Residenl Assistant Sl.'crelarv of THE A~'l[RJCAN 10:SURANCE COt\IPANY, a NEW JERSEY Corporation, DO HEREBY CER- Y that the foregoing and ;Jllached POWER"OF ATTORNEY remain~ in full rorce and has not been revoked; and furthermore that Ankle VIII, Sel'- '; 30 and 31 of the By-law,; of the Corporation, and the Resolution of the Board of pi rector,>, <;el fonh in the Power of Allorney, are now in force, , 19 f: tf led and sealed at the City and County of San Franci<;co, Dated the ';"\ ~~ rl1-TA-11-80 \l \ y\;t'j ~.) " 17 ( ., r---____ .o4t'~ I -~ SC4lc ~ I , II --___ i .... e:, ______ ci -_____ 'l: _ _ I... I ~ "< ... ~ . --- --- -- ------.:~-- --- -::.::--"- - - --- --- -- I.., --:.. - r t "< "'- '" -- '" -- e:, -__ - ti; --- 5:---- - ,c:, , .. tth ::''l: "'::. "'", ...... '-", ~'l.: ..."" ~ ~.:. .;... , I..l . ----- , ,<u / '" , ~ , /) ", I ~~,:".~' ;" - "" ,.. I " " -"" j ....,.~ ... ... "< ...... ...~ "< ...e:, ~'" '" "<~ "'''' "''l,: "'''' 'l:... VICINITY MAP NO SCALe I , DATE 3-18-81 f. ;r;.2~- T IHE CIIULA VISTA TRACT NO. 80-/5 4.!!DDEN VISTA VILLAGE , , DRAWN BY L. M. G. 'Jh-:~