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HomeMy WebLinkAboutReso 1984-1165984-256943 G REQUE.S1E.D L ' RECORDIN pOc.:, " qeturn 1m l~ 1vt FnJasz. 'City derk , p O. Box 1087 Chub Vista, california 92012 ,,:.V, '1899 8'1-'2:;604 ,--__ 3 I,,,,"!.", ,'; ;:;:'sr': "c:,::,,/'l.. ;, '~; ',., :~. : RESOLUTION NO. 11659 1':"/, J'" CJ .,., UL -, PM 2 113 / .,. . '-'I ".l '-'1 , _~~:Ji~' i I' ;. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 81-6 OTAY VALLEY INDUSTRIAL PARK, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUB- DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME '?Ii. NO FE~' . ..7 The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 81-6 Otay Valley Industrial Park, and more particularly described as follows: Otay Valley Industrial Park, being a subdivision of a portion of the Northwest Quarter of the Northeast Quarter and the West half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, in the County of San Diego, State of California, according to United States Government Survey, approved September 11, 1879 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets to-wit: Research Court, Design Court and portions of Maxwell Road and Otay Valley Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of drainage facilities and pedestrian access and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- t '"'V'. 1900 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of drainage facili- ties, street tree planting, sidewalk ramp and pedestrian access and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 19th day of June , 1984, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by /s/ John P. Lippitt John P. Lippitt, City Engineer ~, ~~jVV~J , ~homas J. Harron, City ..-/Attorney tf-l({j1 " 1901 -JULA VISTA, CALIFORNIA, this 84 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 19th day of June . by the following vote, to_it: Scott, Cox, Moore, McCandliss Councilmen I'ES: ~YES: BSTAIN: 3SENT: Councilmen None Councilmen None Councilmen Malcolm R~ City of Chula Vista nEST ,/ r /1. /L' (~ity ~~ x( 1/(./1 '/' fATE OF CALIFORNIA ) JUNTY OF SAN DIEGO ) s s. TY OF CHULA VISTA ) I, JENNIE M. FULASZ. CMC. CITY CLERK of the City of Chula Vista, California, J HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11659 ,and that the same has not been amended or repealed. /\TED June 20. 1984 (seol) ) / /) -j " ./t //'~<{~iYlv(cCJ"'{ , City lerk ,/ C-660 1902 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of June , 19 84 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City., and OTA~ VALLEY INDUSTRIAL PARK, A California General Partnership, S030 Camlno de la Siesta, Suite 100, San Diego, California 92108 hereinafter called "Subdivider"; WIT N E SSE T H . WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY VALLEY INDUSTRIAL PARK pursuant to the provision of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and " WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the pUblic improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the pUblic improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No.lOSSI , approved on the 21st day of July , 1982 , and Fonn No. CA-410 Revised 12/82 /' -1- ""If\; .. 1903 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the Ci ty Eng ineer as shown on Drawings No. 82-83 thru 82-92 inclusive, 84-83 and 84-84 on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has b,."en subm it ted and approved by the City, in the amount of TWO HUNDRED EIGHTY THOUSAND DOLLARS ($280,000.00). FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 1. Subdivider agrees to comply with all of the require- ments of the ten'tative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said sUbdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the City Council's approval of this Subdivision Improvement Agreement. 4. It is expressly understood and agreed that Subdi- vider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- /c-/I?sp 'v 1904 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "8" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIVE THOUSAND DOLLARS ($5,000.00) per private engineer's estimate to secure the installation of monuments, which security is attached hereto, marked Exhibit "CO and made a part hereof. 9. It is further agreed that if the publ ic improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- R-/ltJP 1905 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. r 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 12-1115'7 .\1 1906 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA / c ) " 1<- l if ity of Chula l Mayor of ~;e \) vista) /) .',' ATTEST;iJ! /:C.c ):J/~-:;{< (/::(J{ , City Clerk/) , Approved as to form by (~~~~ f CAT. NO. NNQ063Q TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF SFln OJ "''ilO On ,Tun", 8. 1984 said State, personally appeared ~Jp.ffrev before me, the undersigned, a Notary Public in and for L. Wissler } ss. .. c .. % .. oJ L C ~ . ~ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as r'\n A . o~. t~e partners of the partnership that executed the wIthin Instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal I. . , L- I./A ' U fI~ Stgnature ~ ,,~'7 /. '. ./ _<- SUB,~ID,ER: ,OTAY, VALLEY INDUSTRIAL a C if~~?i~Y~~7~al Partnership qJi:'iflY# ., ,v ( : / ','V~';! o'jr /rF . {! f(' ,/, 'Gvd!t L-. (/ i'- 4 f).j 1m J! . PARK (Attach Notary Acknowledgment) flJnne INSURANce ==- AND TRUST A nCOR COMPANY ~"*'\.""""''"oI''J'.''^Vw'!..'~'\.''\,'',,,'','''~..,'~j>h''^''''I/'tr.,r. ,('?S~~':,-~\. OF~ IC~I/\L SUd~ ~ 61:',' '.?>" WILLIAM H, KOHLER " i~rf:1t~;)~ r~Olfd;Y PUbliC. CALIfORNIA ~ \~t~;j.;.; PRINCIPAL OLfln IN ~ ~",l>- SAN DIEGO COUNTY, My Commission Expires Februcry 6, 1988 ~"'.".................,.""v..^.""""...';;rI" ,{!-/ !P5'r -5- (This area for official notarial seal) /2- l/tJr ',", 1907 Bond # 6045488 Premium$5,040.00 BOND FOR FAITHFUL PERFORNANCE WHEREAS, The City Council of the City of Chula Vista, State of California, andOtay Valley Industrial Park, A General Partnership (hereinafter deslgnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated June 7, 19 84 , and identified as project Otay Inaustrlal Park- CVT 81-6 , 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 Fidelity and Deposit Canpany of Maryland , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of One Hundred Fortv Thousand and no/lOO------------------------------- do llar s ($140.000.00 ) 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 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 ,.{ - 1// 1'7 / , State a! ~d~>,'01 JU tL_ County of _'04:/1 --:&..f/~iLL ~ - } 55. Onthisthe 7~daYOf _~Ui1._< '_____ 19tV,beforen -"!}UC~U !?c:;JIlU -'<iT' the undersigned Notary Public, personally appeared _ ?)~~/>L~'-;J-_7)')'- (J)a4h/~ V/personaHY knownVto me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of t partnership,,~md acknowledged to me that the partnership executed it. WITN ESS my ~nd and otf,clal seal 'J _ " )~ii1-~1!2-!.</,{'l~Jl-- , Notary's S'gnature , , ,R' 11r;;5 , ~?~~~~.....;.r-~~?~"""""-"""'--~"""'--~~~~?'~~~......<-'''''''~'''''-~~~~'''''-'''''''~-?''i::~~~~~~ ..-;-r ~' OIflCIAl RAl , , ' MURIEL FAUST , . ~ NOTA.., 'IJIUC. (AuflO'N'. . P 'ltHClPAl OffW:, 'fit ..... DflOO <'OUHI1' My Commltllon &",.. "",,ulf 2, If" PARTNERSHIP ACK NOWLE:DGMENT r 01'111,.1 7no ~hL' r~A 1lONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.. Woodland Hill 1908 State of California _} 55, On this the .1:tlL day at J'Jne 19---M be10re me, County of , SaY1.)Jiego Terry West the undersigned Notary Public, personally appeared Muriel Faust q..( '... :~ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as At torney- in Fa rot or on behalf of the corporation thereir named, and acknowledged to me that the corporation executed it. WITN ESS my hand and offici,,1 seal. , ~},.;L- 2- /It!J'Y I .. . - \~: Notary(s s(gn..ture,/ / ! ',.,.. CQRPORATE ACKNOWlEDGt.-tENT FORM 7120052 -~ NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd_. Woodland Hills 't.lfv. 1909 LIST OF EXHIBITS Exhibi t "A" Improvement Security - Faithful Performance: Form: Bond Amount: $140,000. Improvement Security - Material and Labor: Fonn: Bond , Amoun t : $140,000. Improvement Security - Monuments: Form: Bond Amount: $5,000. Exhibi t "B" Exhibit "Cn Securities approved as to form and amount by ,-LJ? , ~)::J7?1~)4)rl~~ l City Attorney Improvement Completion Date: Three years from date of Council approval of the Subdivision Improvement Agreement k -11t,PI .v_ 1910 -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: executed June In witness whereof, by the principal and , 19 84 this instrument has been duly surety above named, on 7th Otay Valley Industrial Park, A General Partnership J~/a~ 4mn?J;N )l.r Fidelity & Deposit Company of Maryland =t, ct1.r~. A ,~ (j J7-tt 1.{ (J' /r-'W'{~A:L>> Muriel Faust, Atto ey-in-Fact APPROVED AS TO FORM: / /' ..// / , . - . F INSURANCe BARNEY p,O, Box B1638 San Diego. . BARNEY (714,1 234-34C 1 California 92138 ( PI'I-E-34 12- 11t..57 Part of #6045488 , -- Ii. .\" 1911 BOND FOR ~ffiTERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and Otay Valley Industrial Park, A General Partnership (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 7th 1984 , and identified as project Otay Industrlal. Park CVT 81-6 is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (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 One Hundred Forty Thousand and no/lOO dollars ($140,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companles and corporations entitled to file claims under Title 15 (comClencinq with Section 30::12) of Port 4 of Division 3 of the Civil Code, so QS to give ~ right of action to theITI or their assigns in any suit brought upon this bond. Sh"\llcl the, condition of this bond be fully perforC'1cd, then tIlis ohlisati_on Sll~ll become null and void, otherwise it shall bc~ unCI rcmcli:l in full fOl-CC unct effect.. A ' / (- \ '/ / / ^..~.- 1912 State of California June } 55. County of San Diego ~ , OFFIC'A' stAt TERRY WEST NOTAIi" '>UJllC CAttfORNI... PR!Nr.,~"'\ OHln IN ~),[~~ffi < ~;~y- :;AN O'C-(~I' ('''If'''''' I M COI1-;mi~s;on Expire~ N-.ay 13, 1 JZ,3 ~ ~",._...., v''''''' ...... ,,,/..,,..-.y.....,--v ) On this the _7th day of 19~, before mE Terry West the undersigned Notary Public, personally appeared Muriel Faust ~ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as A ttorney- in- Fa rot or on behalf of the corporation therei named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. . -T' . . - . ---, . / '. .." .I. _I ' ___I /" ' .+/,.....li. ('~, Notary,s Signatur'1) " /2 _ //~ 5'9' CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION. 23012Venlura Blvd.. WOOdland Hill the undersigned Notary Public, personally appeared n 'I - jU/1 //1i- ) (7\ ' I,'. /i j' II .J / r J V personal'IYknown to me ~ proved to me on the basis of satisfactory evidence OlWClAt "At to be the person(s) who executed the within instrument on behalf of t "'. MURIEL FAUST . HOt"" "'s"e. '''''fO'NI'' partnership., and acknowiedged to me that the partnership executed it ~~' ~ltNCIP.1 a'FICf IN WITNESS my"'0and and offiCIal seal SAN tt,fOO COoNn ' ) /' ~ ~- My Com......l.. ,bpi... AUllud 2,198/1 / ,I ~">~' " ( " -) / / y/ ~/ o~~ -- ...- ~ - ~~'-------'''-- ~\)~ Notary's Signature _ '/657 \~/~~/~~~//..2;iir-'~/~/../~~~~Z~~7~~~~~~~~~ /~ l{.__/ ,. " State of _LiLi'_! ,[)/) ~.( tC/ ! / If, \:Ia..;/) , ./I.-C", 1i'0 County of ~_, -----i-'C } S5. PARTNERSHIP ACKNOWLEDGMENT FORM lUll ()~i On this the ~, +~~_._-- , (/) 'l Jh.ui-CJ_< (--:i{kJ-L-4.. , , ___ 19PI/before IT T 7 +-t.. ___ day of :~r ~ . A 4 /) - L-L>.",,_~'.:':Lc NATIONAL NOTARY ASSOCIA liON. 23012 Ventura Blvd.. Woodlanc fuil ~. -2- ft"J" -1913 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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. duly In witness executed by the June 7th whereof, this instrument has been principal and surety above named, 19 84 on Fidelity & DelX>sit Ccmpany of Maryland . At, , By. (/. 11A,),1A...{ Contractor Muriel Faust, APPROVED AS TO FOm1: t;"'" tL .~_ -- I i ~ ?;J-Zt2Z(/;'i: l~ < // Clty Attorney PIV-E-34 EVERY FORM BARNEY ~ . F INSURANCE BARNEY P,Q, Box 81638 (714) 23434GI 5<;1) Diego, California 92~ 32. 12- IN.fi _..O{h 1914 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYlAND HOME OFFICE: BAlTIM.ORE. MD. KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPO:"n COMYANY OF MARYLAND, a corpora- tion of the State of Maryland, by C., M PECUI', 'R. ,\'ice-President, and 'y.,T, He,HEINS Assistant Secretary, in pursuance of authority granted by Article \'!. SectIOn 2, of the By-Laws of said Com- pany, whIch reads as follows: SEC. 2. The President, or any Executive Vice-President, or any of the Senior ,"'ice-Presidents or- Vict>-FrcsidclIts speciaily aathor- ized. so to do by the Board of Directors or by the Executive Committee, shal.1 have p!)wer, by and wit.h the concurrence of th<: Secre~ tary or anyone of the Assistant Secretaries, to appoint Resident Vic~-PresHjents. Assistant Vice-Presidents and Attorneys~iO..Fact as the business of the Company may require, or to authorize any person or persons to execute un behalf of the C-.;nnpany any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deed", ilnd releasee, and assignments of Judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and dOClInlE'nts which the business of the Com~ pany may require, and to affix the seal of the Company th{'reto. does hereby nominate, constitute and appointMuriel l"'a;;~,t iL J)__ e,f" ,! U ?"~:.2;S...~ _._._~-- .".".___-~-_...-u~. -- _.- -~.._-~_.-------,-------~-- Its true---::;r'idl;wful agent and Attorney-in-Fact, to make, execute, seal and deliver, surety, and as its act and deed: any and 3.11 bCDj~; -3.11::1 ;,~l j.i'f 1:3,)..; 'i. '-.;;:;:". . , for, and on Its hehalf as .,-_.~._.-_. ~~-----_._.._-- _.-~-'~ -----~_._---_._---- - }\na-the~;ecution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company! as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md" in their own proper persons. --~-~:...-...:...-.- ~- The said Assistant Secretary does hereby certify that the aforegoing is a trll" copy of Article \'1, Section 2, of the By-L3WS of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary ha.ve hereUDl::O subscribed their names and affixed the Corporate Seal of the said FIDELITY ANn DEPUSIT COMPANY OF MARYLA~"D. this ~;::?__L day of -Fe~);"~~I)r_ ., A.D, 19 _W;_ FIDELITY AND DEPOSIT c cD Q~ COMPANY OF MAIlVLAl\'D ~uJ~ .._t,,,,,",,,,,, '>'~~~Q DEPos/~~ ..~.). ..,. CO.. .;t SEAL ~', i~ ;$ ~-;. ..,. 'T~' ..~o.. ..O~(' ~....~;:.;:~~ ATTEST. Hy, Vice-President Assistant Secretary } ss, On this 1st day of F'ebruary , ~.J) 19 Be). befCle rne ,,",ub3cnb-.:r, c~ Nut:l').. Public of the State of Maryland, in and for the City of llaltimore, dllly comnllsSiOned .In<\ qualified, Gime tile above-named '.Jice'Pl"esident and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF :'VIARYLAND, to me personally known to be thE lOdividuaJs and officers described in and who executed the preceding instrument, and they each acknowledged tbe execution of the same, and beinK by me dul}' sworn, severally and each for hinlself deposcth and saitb, th,-lt they arc the said officers of the COllqXlUY 'l[ores;ud, and th;;t the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Sea] ,we! their signatun:s c.S such offij:ers were duly ;'Iffixed and subscribed to the said instrument by the authority ,wd direction of the said Corporaticno IN TESTIMONY \VIIEREOF, I have hereunto set my hand dnd dffixed m\- Olf!( ldl "'(ai, "t the. It~' of B dt1llfOF~I:)a~:,;.wl ypar fiest above weillen, A~E;~::~~\ ./ L; ~ ~~ t'i.<%;}:i~;YJ CERTIFI~~;~ Pl'l,l,.[ ::omm'sij<l61l 'p,rf's STATE OF MARYLAND CITY OF BAr. TIMORE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT CO:MPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full forcl' and effect on the date of this certificate; and I do further certify that the Vice-President v.'ho executed the said Power of Attorney was O!H~ of the additional Vice~Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Filct as provided in Article VI, Section 2 of the By-L1\vS of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the fo!lowipg resolution of the Board of Diro,-'ctors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAKD at a meeting duly called and hdd 00 the 16th da.y of July,. 1969, RESOLYED:"That the facsimile or mechanically reproduced signature of 3-nv ,!\ssista"lt Secrp.tary of the Comp;;.ny-, whether made heretofore or hereafter, wherever appearing upon a certified copy of any pf'wer of attorney ;ssuf'd hy the C:HTlpanV, shall be valid and binding upon the Company with the same force and effect as though maEualIy affixed, ,- IN TESTIMONY \VHEREOF, I have hereunto subscribed my name and affixi:u the corporak '~e.~l of the SJ.\d Company, this ... ...,... wwJt:b, ...www......ww w......wday of w...w..'J\lll,~......... 191014 1111 F&!) \ \ L14/3Ctf ^';':~1. 1.1-31 '>4234 -012-9219 1.'/\11 \,jlI'l~ Pld)"1 /?/lk.7f 1,( Ii(),- I ()( lk I( 1I< ",.0 ~ . 1 ~ 15- Bond #9509149 Premium $90.00 SURVEY 1,:m~UI'\E;JT IIlST,"\LLATION BOlm Otay Valley Industrial Park, KNml.A~L HEll BY THESE PRESENTS, That I/I'le A California General PartJ;prqhip as the subdlvlder and Prlnclpal, and the Fidelity & Deposit Canpany of ~klrylrmrJ a Corporatlon of the State of Maryland' , as Surety, are held and firnly bound unto the City of Chula Vlsta, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of Five thousand and 00/100 ($5,000.00 ) laHful money of the United States of America, to be paid to the said Clty of Chula Vista. IYHEREAS, the said Principal is presently engaged in subdividing certuin lunds to be knO'.CD as Otay Industrial Park CVT 81-6Subdivision in the City of Chula Vista, in ~ccorc2nce with the Contract for COillpletion of Improvements authori3ed by Resolution , and l'iHEREAS, the said Principal desires not to set durable monu::;ents prior to the recordation of the final map of the subdivision and desires to get same at a later date, NO~.l, TBE:zEFO?E, the cO:lcition of the above obligation is that if the Principal shall have set durable monuments of the survey by (n2me of , as per the filIal map of said subdivision, a copy of Engirl:2er) which is on file with the City Engineer of the City of Chula Vista, refer- ence to ~hich said map is hereby ffiade and S2ffiC is incorporated he=Gi~ 2S though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the ti@c of giving of this bond, on or before the expication of thirty (30) consecutive days following completio and acceptance of public improvements within said subdivision, then the obligation shall be void, othcD'iise to rClfl,ain in full force and effect. IN \'lIT?JESS their hands, this \';EEEEOF, the said Principal and Surety have hereunto set 8th du:! of June , 19R4 Otay Valley Industrial A ai rnia Park, tn DaJ}tf (If /7x;~, :;0C~ BY Muriel Deposit Company of Marylal1r~ (Surety) -'\ ') -- f7.iliL d!"X:Ui <L if Faust, j'\t'tornllY-ln-F2ct Ci ty l.t tor.Jcy P\'i-E-31 .' . F INSURANCE BARNEY P.O_ Box 81638 San D1egn . BARNEY (714:1 234-J1.01 C&iifortia 92132 ;:" 1/ (C- s y /2 ~/ /~ J7/ CAT. NO. NN00630 TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF Srln ni pgn } SS. II.TITLe INSURANCE AND TRUST A TlCOR COMPANY t On ,Tun", 8. 1984 said State, personally appeared before me, the undersigned, a Notary Public in and for Jeffrev IJ. Wissler ~ .. ~ ~ " -' L j! . ~ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as nnp of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my ha~d and official seal. ( I, / (A Signature ~--ltJJ/'}~.~ ?(B-J,/ ~() .......~~~":^"N>NYw~;;.(,..;:~. '~"";('''''''~ ~:::(\. WIlliAM H, KOHLER ~ r'\\f,8~ NOl:,R', F,.bl,C ' ("'lill:;ii:rA~ \~,~ ~ PRINCIPfd OFflC[ IN ~0'ot" SI\N DllGO COUNIY 1\1'1 C1Jmrnissjof) Expires f'.'hru3r)' (;, 1988 ,.....~................^....~5.V..~.................. /c!-II ~ S- '9 (This area for official notarial seal) State of California . . On this the 8th day of June ~ _ 19 84 , before m, County of San D~ego _ 916 =Jss. Terry West the undersigned Notary Public, personally appeared Muriel Faust ~--~-- x personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as At torIl~i.=...E.a..c.t.~_or on behalf of the corporation therei named, and acknowledged to me that the corporation executed it. WITN ESS my hand and official seal. ! -,1- . OH"ICfAI Hat f! TERRY WEST . ~ NOTARV pUGuC C.ljFO~NrA Q P"'INC"IPAI OHlef IN t.., SAN ""'GO tou"''''' Mv Commistfon hpirel May 23, 1"' ~""""---""'-""""'-"""'''''''''''-'''''''''''''- Notary's Si~nature I ----+~- , ' CORPORATE' ACKNOWLE'DGVlENT FORM 7120052 .."""" NA TIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. Woodland Hill ,~ \ \ . ..U Power of Attorney , FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1917 HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DErO~IT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by c." 1.\1- PJi....iCO'I', fR, ,\'ice-President, and 'vl RUBBINS Assistant Secretary, in pursuance of authority granted by Article \' J, SectIOn 2, of the By..I.aws of said Com- pany, whIch reads as follows: SEC. 2, The President, or any Executive Vice-President, or any of the Senior Vict:-Prcsiul':nts or Vh:c..i'rcsi(jcllts specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have pnwer, by and with the concurrence of the Secre.. tary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant V!ce~Presidents and _Attorneys~in .Fact as the business of the Company may require, or to authorize any person Of' perSOlls to execute un behalf of the C'Jmpa!lY any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of jlidgrnents, decrees, mortgages and lIlstruments in the nature of mortgages, and also all other instn,Dl('nts and documents which the business of the Com~ parry may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appointMurl e 1 .B'a;;~,-) t . l "'-.L jJ:.':"F'- .~_.~~.~.."' ~:.~ _:).'::,.2:.._, __~___~....., -~. -- --- _._-~.~_.._.~.--~~~--,..-,-- ---,-~- ------,.--- its true~a~;d lawful agent and Attorney-in--Fact, to make! execute, seal and deliver, for, and on hs behalf as surety, and as its act and deed: any a!1d 3.11 bc;nds an'.i. \:~j 1erlcLk:ct~>:s:::;. . .. ------"_.~ - ~-_._-----~_..~_...:.....:--'--'-""" ---- -~- ---~._- -'-~-~- --------~._- ~~-~ ~il.ath;;~<~cution of such bonds or undertakings in pursuance of these presents, shalt be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly' executed and acknowledged by the regularly elected officers of the Company at its office in Baltlmore1Md, in theIr own proper persons. The said Assistant Secretary docs hereby' certify that th~ aforegoing IS a (rlli-' cupy ot Article VI, SectIon 2, of t]l{; By-Laws of said Company, and is now in force. IN WITNESS \VIIEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY ANn DEPUSIT COMPA......<Y OF MAln'Li\ND, this day oL __ff7~)_~'.!.Jil):::"Y __, A.D, 19 FIDELITY AND DEPOSIT c cD Q~ COMPANY OF MARYLAND ~uJ~ ....~."'.....I!oo("" l:S.O:OS'~. j'~ SEAL }} !.,.... _ 'ri" "'.;:".. "'o~' ~...~~:;.~ ATrE~T ; Assist/tn! Suretary Hy, Vice-Presid/;;nt STATE OF MARYLAND } 55' CITY OF BALTIMORE -" On this 1st day of Fetrllary , A.D. 19 8el, bdore lhe ~lJbscriber, a :\otary Public of the State of Maryland, in and for the City of Baltimore, dilly commissioned and qualified, came the above-named Vice..President aod Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF l\lARYLAND, to me personally known to be the individuals and othn:rs ~Je.scribed in and who executed the preceding instrument, and they each acknowledged the executIOn of the same, ;:ma being by me dUly sworn, severally and each for himself deposeth and saith, that tlwy arc the said officers of the Company 'Jforcs;:ud, ,:lllU that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate 'seal <.wd their sigl~atun;sH..s sllch officers were duly affixed and subscribed to the said instrument by the authority ;\Ild directIOn of the sa.id Corporat:l'~n, IN TESTIMONY \VHEREOF, I have hereunto set my hand and affixed my Offtcial Seal, at the Ci'ty of BaltnIlore, the day a d year fi,stabovewdtteo, /1fi~::t;\ ..,.,.,../~);/I., (;; - :.~ Notary PulJl;i~ COrYllnis91-bn ~i~~~~,. - -;-gt12 ~~-:~;;~r'i:~;;"/ CERTIFICATE 1, the undersigned, ,Assistant Secretary of the FIDELITY A~D DEPOSIT COMPANY UJ.' i'V!ARYLAND, do hereby certdy that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in fu II force an(1, ~ffect on the date of this certiJicatej and I do further certify that the Vice-President who executed the said rower of Attorney was one af t.he additional VicfA)residents spe~ cially authorized by the Board of Directors to appoint any Attorney-,in-Fact as provided in .Article VT, Sectiorl 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF 1\lARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Di:r,xto.s of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and hdd on 'the 16th .r:hy of !uJy.. :j969 RESOLVED: "That the facsimile or mechanically reproduced signature of 'lilY Assistant Secr\:td:fY,of the C0mpany, whether made heret?fore or hereafter, wherever appearing upon a certified copy of Dny power of attorney Jssllf'd by the Company, :shall be valid and bmding llpon the Company with the same force and effect as though mari!Jally affixed"" IN i'ESTIMONY \VI:IEREOF, I have hereunto subscribed my name and affixed the corporatf, '~ea: of tilt;: "l::tld (:ompany, this 8th Jnne .... u_ u____.._...day of u________nuunu.. 19_,8.4" Li.V3Ctf JM,(l-dl ""H-012-9219 ,. /r! ~/(t,5-~u- H 1I( 't' Jl j, I'l,,) 1111 J()'" 11 l()k '( ili. I'll} tcretary F\: j) \\' ,\TI:R \ 1:\ R K ".,o\,~ 1918 ....:" \,-- I , . C:l C:l II) ~~. '. I IlJ -.I oq: ~ ti) 'I: " , 0: .... "'.... "''I: ~.... <\,~ .... <1\'" <\," ~.... "'" 0:", .... !!tl> ,,,, '" 'I II 1-.1 01-.1 2 'I IlJ I'~ " )0; .... ..... 'I: .... ~ :;, ~ '" c::, .... .... " c::, 0: " " <\, '" .... 0: '" '- ,.. .... .... ..., 'I: .. .... .... " .'1: ~ '" .... .... ~ '" ,.. '" " " '" .... .... " '" '" .... :t 'I: .... '" '" .... , , .... 0: .... 0: "l .... .... l> '" <\, , C\ c::, .. .... '" '" C\ " OESIGN COURT oq: ~ -~ (0 ~ T",y s c::, " '" 0: .. .... i;:l 'I: .... it: ~ "" .... " '" :l; " 'I: .... '" '" .... .... i:: '" .... ~ "l "l .. 'I: , , , C\ c::, " .... '" '" C\ C\ c::, ~ ~ Ia.a ~8G8G8G .... I ", ,; , VICINITY MAP ~ I DRAWN BY L.M. G. TIT L E CHULA VISTA TRACT NO. 81- 6 OTAY VALLEY INDUSTRIAL PARK D ATE 6-8-84 /2 -1115{/ RESOLUTION NO. 11659 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 81-6 OTAY VALLEY INDUSTRIAL PARK, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUB- DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 81-6 Otay Valley Industrial Park, and more particularly described as follows: Otay Valley Industrial Park, being a subdivision of a portion of the Northwest Quarter of the Northeast Quarter and the West half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, in the County of San Diego, State of California, according to United States Government Survey, approved September 11, 1879 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets to-wit: Research Court, Design Court and portions of Maxwell Road and Otay Valley Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of drainage facilities and pedestrian access and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- BE IT FUR'rHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of drainage facili- ties, street tree planting, sidewalk ramp and pedestrian access and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 19th day of June 1984, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by ) ( ~ L / ". .;~ 11'/-" r.z ;;fohn P. Lippitt); City ./ Engineer \ , I(/':(z.~';! :",'t~Y/ Thomas J. Harron, City Attorney R-11659 ULA VISTA, CALIFORNIA, this 84 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 19th day of June , by the following vote, to-wit: Scott, Cox, Moore, McCandliss Councilmen ES: YES: STAIN: SENT: Councilmen None Councilmen None Councilmen Malcolm TEST <c. /t.-'/lt.-'C{_ City Mayor ?) th '~/_ /~/{. (tl~-'1' Cler ./ I} /\TE OF CALIFORNIA ) UNTY 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 0 full, true ond correct copy of RESOLUTION NO. 11659 ,and that the some has not been amended or repealed. TED (seal) City Clerk -660