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HomeMy WebLinkAboutReso 1984-11661 'ECORDING ,iEQUES1ED BY NO MAIL TO B ,] 2:.,6914 CtTt de/lJL 130 (<- IOS? c . l/ 0'1 "1 zo 0.- ,...0 1919 I'--:;;~> . C,.: ',." r , ..jhrf, -"--, Ii! _ I ;:J: ~ rJ.C; r ~:'j r r.:; ;\,! 1384 JUl -9 NI ? '" ~: il3 Revised 6/14/84 DOC-84-256944 RESOLUTION NO. 11661 NO FEE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CONDITIONS 4, 5 AND 15 OF RESOLUTION NO. 10557 APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-6, AND ACCEPTING A BOND FOR $80,000 TO INSURE PERFORMANCE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has previously approved Resolution No. 10557 approving the tentative map for Chula Vista Tract 81-6, Otay Valley Industrial Park, and WHEREAS, a condition of that approval was that off-site street improvements be constructed on the north side of Otay Valley Road off-site of the proposed subdivision, prior to approval of the final map, and WHEREAS, the purpose of this condition was to improve Otay Valley Road for the benefit of the property affected by the proposed subdivision, and WHEREAS, the developer of Otay Valley Industrial Park has been unable to acquire the right of way necessary for the improvements, and WHEREAS, the City of Chula Vista proposes to establish an assessment district for the improvement of Otay Valley Road to its ultimate width and within its ultimate right of way, and WHEREAS, the developer desires the flexibility to create an aesthetically pleasing barrier to be in conformance with the Scenic Highways Element of the Chula Vista General Plan, and WHEREAS, the developer has obtained Bond No. 9509126 for $80,000 to insure performance of the amended Conditions4 and 5. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Conditions 4 and 5 of Resolution No. 10557 to read as follows: -1- '1.1" 1920 Conditions 4 and 5: Developer shall deposit $80,000 as the development's share of the cost of acquiring and improving off-site right of way along the north side of Otay Valley Road adequate to provide thirty five feet of right of way north of the centerline as shown on Chula Vista Drawing No. 75-109D and 75-110D and additional structural street sections between the ultimate street centerline and the northerly line of right of way to be acquired under Condition No. 4 of Resolution No. 10557. Said deposit may be bonded for by the developer until such time as the City of Chula Vista makes a demand for payment or a building permit is requested for any lot within the development. At that time the bond shall be released and the cash contribution shall be accepted in its place. In any event, the cash contribution shall be paid within 120 days of the final map approval if the assessment distric1: has not been esta- blished at that time. Said deposit shall be adjusted to the actual cost of said acquisition, including legal costs, and construction of necessary improvements at such time that said actual cost is known. BE IT FURTHER RESOLVED that Condition 15 of Resolution No. 10557 is amended to read as follows: 15. A decorative block wall at least six feet in height or an alternative suitable to the Director of Planning, shall be erected at the top of the slope along the southerly portion of Lots 1 through 5 and along the westerly portion of Lots 5 and 6. Access shall be provided to the down slope from the interior of the lots. The precise length, height, and design of the proposal shall be determined at the time of precise plan review for building construction. Said approval by the Director of Planning shall be consistent with the intent of the Scenic Highways Element of the Chula Vista General Plan. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept a "Bond for Faithful Perfor:- mance" in the amount of $80,000 to insure compliance with amended Conditions 4 and 5. Presented by Approved as to form by /s/ John P. Lippitt John P. Lippitt, City Engineer ~ .-f - ~;? r;-~tt Charles R. Gill, Assistant City Attorney -2- /c?- !/~{/ . .0 1921 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 19th day of June IULA VISTA, CALIFORNIA, this 84 , by the following vote, to-wit: Scott, Cox, Moore, McCandliss 'ES: Councilmen None ~YES: Councilmen None 3STAIN: lSENT: Colflcilmen Malcolm Councilmen 'TEST /h) .if ~'A;(c //L City Clerk 'ATE OF CALIFORNIA ) lUNTY OF SAN DIEGO ) s s, ry OF CHULA VISTA ) R~ e City of Chula Vista ;:j'fc ( ~(J/; / I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, ) HEREBY CERTIFY that the above and foregoing is a fuJI, true and correct copy of RESOLUTION NO. 11661 ,TED June 20, 1984 (seal) :-660 ,and that the same has not been amended or repealed, ) 1!/dL(~{"dj- City Clerk . I \iC /t /i (.. c " 1922 Bond No. 9509126 Premium: $1,440 00 BOND FOR FAITEFUL Pi-;F:FOR1'lANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and mAY VALLEY INDUS1'RIAL PARK. A California General Partnership (hereinafter deslgnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agneement, dated June 8, 1984 19 84 ,and identified as project Otay Valley Industrial Park future acquisition of Right of Way on N. side of otay Valley Rd. & for ,is hereby ref erred to and made a part hereof; and (improvement of said property per attached Resolution No. _I WHEREAS, Said principal is required under the terJ;1S of said agreement to furnish a bond for the faithful perforJ;1ance of said agreement. , as surety, are unto the City of Chula Vista, hereinafter penal sum of~E::iEhty Thousand and 00/100* dollars ($80,000.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executo~s and admiJlistrators, jointly a!1d sever~lly, firmly by these presents. NOW, THEREFORE, COMPANY OF MARYLAND held and tirmly bound called "City", in the we, the principal and FIDELITY & DEPOSIT 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 perfcrm 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 t~ue intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stip~lated, 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 i.Deluded costs and reasonable expCllses 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 j~dgment rendered. The surety hereby stipulates and agrees tl1at no chnnge, extension of time, alteration or addition to the terms of the /t ~ / /. / , (. / .11 1923 -2- agreement or to the work to be performed thereund~r 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: FUTURE ACQUISITION OF RIGHT OF WAY ON N. SIDE OF OTAY VALLEY ROAD & ], 0" IMPROVEMENT OF SAID PROPERTY PER ATTACHED RESOLUTION NO. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 8, , 19 84. OTAY VALLEY INDUSTRIAL PARK, A California ~eral 1'aJ(<JhlP. . ~ V B~/}J1 ~ Uut~ - 4~ rr4~; Je:E(jlrey L. Wissler, General Partner FIDELI1'Y & DEPOSIT CCW'ANY OF MARYLAND " ~ ;--- By: (/~~tUj/J~2:tA/~1 Muriel Faust, Attorney-ln'-Pact · '. . F INSURANCE Contractor BARNEY . BARNEY APPROVED AS TO FORJ1: P.o. Box 81638 :XlP D;.~y(; i 714) 234.34C" CalifoP"<l 91135 . / pl ! /1 ~~J\U?~_ ~ City Attorney State of California On this the . ,8th day of June 1984 ,before me, County of San Diego } 55. Terry West ~ the undersigned Notary Public, personally appeared Muriel Faust O"r:IC,IAt '0'41 €i'" . TERRY WEST tl)- .... NOlA"" f'L.o'~U{ (A,,'OIlN'iI. '\ ';.. I - .",. PRINCIPAl OFJ.Cf 'N ' '0, " ;AN n"'o, en",,, > My CcmmJuion Eo:pire. M..,,23, 1983 '> ~-...,../-"-",.....,....,,,.....,J IX personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as 1\ ttorney_"..ir1=Edct~_~or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. _~C_ '____' _, ~~'--2d'--' Notary's Signature : RATE ACKNOWLEDGMENT FORM 7120052 ::::: : :::I2-//6tJ/.,. w : ~~ NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. Woodland Hills. CA 91364 !l-~ It{,!'/ (It:;)S jt:!1t:10U fEP!jJO lO) ll:m: S!q~) /?J7/ / -c! ~'/...............~...."\.........'\h................................ /" sa' . ...... ......'~...........-.J' 6T 9 tlJf'nlqJj S;}11dx3 UOISSIWWOJ tI ( AlNnOJ OTllO N'tfS "" l^J ~ Nf 3:)/:1:10 l\;:lr:liJNltld ,,':""~J~.~ "INHUJII.VJ . 1!lUrId '"VI ON ~~ ~ ~31HO)JH W\1111IMtlfF'~;; ~ , l't1.:J~~ l'uTJIJ.JO "''.i,:;,~"~~ V.'\.~"""""'*'\."'."""'.~~ -- ................... /~~/ ~~II r '1 dlOlEuj,S . / I I iI v .. .. TE,)S IE!J!.HO PUl: PUl::4 ,(w SS7L\LLI:\\ 'JWES ;HP p;;nnJ,)x,) dl4SJ,JUlll::U l{Jn'j lE41 JUI O} PJ.8pJI.\'\ompt put '.1UJlUnllSU! U!l{l!.\\ Jl{l p;;nnJJXJ Wlp d!4SJ;lUUed Jlp }O SJ;)U1JEd ;)l{l }O auo S~ lUJlUnJ1SU! U~41!.\'\ Jlp pJlnJJX;) 04/\'\ - UOSJJd ;;Il{l ;)q 01 JJUJp!^J ,(lOl:ltJS!lES)O S!S'Eq dl{l UO ;;IlU 01 p;)J\OJd 10 JW 01 U!l\OU~ AlIl:UOS1,)d ' pJJ1:JddE '(\IEUOS1Jd 'J1E1S P!'ES 17861 . 8 aunI' uo ~dl~~1M .~ AaJJJaI' 10J pU1~ U~ J!lqnd Al1::lON 1:' 'pJu.8!SlJpUn ;;141 'JW JJOpq AN'I'drlO')l:lO)U't lsmll aN'" r 3JNVl::lnSNI 31111 -w tZ61 ". ':-.. -- 'SS { ~ o. ... \ ODa1G m?s 30 AlNOO:J VINlIOJI1V:J JO :UVJ.S (d!lisnuuEd) U:S-L) 'It:) 9v6L 01. Of.:900NN 'ON "1.'0":) - t . ~ . , r ~ % ~ ~ ~ ! . ,1I_ 1925 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BAtTlMORE. MD KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND fJFPO~~IT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECO~'. 'R, . \'ice-President, and ,'. ROBBINS Assistant Secretary, in pursuance of authority granted by Article \'I I SectIOn 2J tiT 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 Vice-Presidp.nts or Vicl'-frcsidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power" by and wit.h the concurrence of the SCLTC- tary or anyone of the Assistant Secretarie~, to appoint Resident Vice..Presldents, Assistant Vice-Presidents and Attorueys-in-.Fact as the business of the Company may require, or to authorize any person or persons to execute '::)0 behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, anr] rPleases and assignments of jurlg~nents, decrees, mortgages and instruments in the nature of mortgages, and also all other ins!nlnleT1t~ ;tnd documents which the business of the Com~ pany may require, and to affix the seal of the Company thereto. does he.reby nominate, constitute and appoint Mur12] l<\:lI~U t u:: D5. (,;:~..,. <",-' _:_~1}2~2~-,"-~ ...,,-~---_._-_.._.__. ---- --- - .-- _._~~.~-~--------._-_._.._----_.- rtstrue~and lawful agent and Attorney-in-Fact, to make, execute, seai and deliver, for, antI on its behalf as surety, and as its act and deed: any and 3.11 bcn"1~.1 a.nd ;;~; ',~,(:'rt,~,k.L~'_;o.::~ ---_._..~~--_.._- -----~-_._------~.._._~--~. l\na.'the~;~cution 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, TvId in their own proper persons. The said Assistant Secretary' docs herd-,}' certify that the aforcgoing 15 d t(l[:" (DPY of A.rtide VI, Section 2, of the By'-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND fJEro~1T COMPA:'\'Y OF MARYLAND, this J~t_ _ day of __Fey'.~."\..EiJ'~f ,A.D 19 ,............" .,.~';ODEPoSI}~ ..i:,J..'" """" ".. .;~ SEAL:i\" i~ ~$ \~ """'" 'f~ ..." 0.. ~o; "":."I'';:;:~ ATTEST: FIDELITY ANIl DEPOSIT COMI'i\NY STATE OF MARYLAND A ssistllnt Secretary By OF MARYLAND auJ~ c CU Q~ Vice~Presjdent } S", CITY OF BALTIMORE On this 1st day of ,February , A.U. 19 80, bdore the sub5criber, ,,~ Notary Public of the State of Maryland, in and for the City of Baltimore, dldy commissioned ami qualified, C<:i.mc the above~nan'l('t1 Vice..Presidcnt and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF l\lARYLAND, to me personally known to be the llldividuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly 5worn, severally and each for himself deposeth and saith, that they are the said officers of the Company ;:t[ores;:lJd, ,llld that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said ~':orporate St:;:d dud their signatures c.S such officers were duly affixed and subscribed to the said instrument by the authority and \Lrect~on of the said Corporatlcn. IN TESTIMONY \-VHEREOF, I have hereuI,to set my hand clnd ,Iffixed my Offi( 111....cc11, "t the "lty at Ba1tlll~OF" the ddY a 'd Yf'ar first above wntten ...._____ ~~ / #-", { , ~ --;'o\.~!. ~""g'~_ / __ J . ~ ;;-"OTUh.~\ /. J ..... :. ::~ Notary Publ1" '~PJ;l1nls:;t::jl "P-ilf::' -.1 ~.L~;l .i~..-_~j9b.2 ,.~.;:~:"~r~~? - ~..,.." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; do her~by certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full forcE' and dfcct. on the date of thiS certificate; and I do further certify that the Vice-President who executed the said Power of AUorneywas one of the additional ~'/ic€-Presidents spe~ cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, SectiO'1 2 of the By~Laws of the FIDELITY AND DEPOSIT COMPANY OF IVIARYLAND. This Certificate may be signed by facsimile under and by authority of the following ;csolutIOil of tbe Board of DincctOffl of the FmELlTY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held ')0 the 16th dd.y of July. 19690 RESOLVED: "That the facsimile or mechanically reproduced signature of anvAssist:1,.\t SecrlCtary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney Jssucd by the Company, shall be valid and binding upon the Company with the same force and eiTect as though manually aifixedo'" IN TESTIMONY. WHEREOF, I have hereunto subscribed my name and a(fixed the corporatro sea! of the said Company, this ... n...nnnni.n':!'=~.n...mday Ofm1~.~..nmmmmn, 19nY.<f. 1.14)e,Ctf 3M 11-31 214234 -012-9219 I ( )){ y (It I{ I' R ( II I (2-1/667 (11(1' I (IIII-.. .~ ASs1sta,nt uretary F&1l \\.\ITIZ\L\RK !()/< IIIL Bond No. 9509126 Pr~um: $1,440.00 BOND FOR FAITHFUL PERFOfu'lANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and mAY VALLEY INDUSTRIAL PARK. A California General Partnership (herelnafter deslgnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated June 8, 1984 19 84 ,and identified as proj ect otay Valley Industrial Park future acquisition of Right of Way on N. side of otay Valley Rd. & for ,is hereby ref erred to and made a part hereof; and (improvement of said property per attached Resolution No. _) WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. t as surety, are unto the City of Chula Vista, hereinafter penal sum of *Eiqhty Thousand and 00/100* dollars ($80,000.00 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. . NOW, THEREFORE, COMPANY OF MARYLAND held and firmly bound called "City", in the we, the principal and FIDELITY & DEPOSIT The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or aisigns, 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 stip~lated, 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 j~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the ;(-1/0 C / -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: FUTURE ACQUISITION OF RIGHT OF WAY ON N. SIDE OF OTAY VALLEY ROAD & to", IMPROVEMENT OF SAID PROPERTY PER ATTA01ED RESOLUTION NO. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 8, , 19 84. PARK, A California FIDELITY & DEPOSIT CCMPANY OF MARYLAND -~B-t rrnu By: Z7hw~k~- General Partner Muriel Faust, Attorney-in-I!'act I ' Contractor APPROVED AS TO FORM: /~ ~/~J~ ,-' City Attorney PI'I-E-34 State of California San DiegO } 55, On this the 8th day of -Lune 1984 ,before me, County of Terry West the undersigned Notary Public, personally appeared Muriel Faust 00 personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who execl,Jted the within instrument as At torney- in- Fil...Cl:..~or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITN ESS my hand and official seal. J . . A')~ Notary's Signature /2 -!!{6'/ --v.:: =:'::'~;'=-r :.':"'.....!'~:..~~:== --~~~~~-2:-/ NATION,\,L NOTARY ASSOCIATION. 23012 V"'"llHil S;"d.' WC'Ollldn,1 HIII~., CA CJ1JC e.... . ., OHlttAI ("A1 - TERRY WEST 'lJ) ",. NOTA"" f'll:3.lIC C, AI ,fOIiNIA ;' PIUN(IF'At OHlef'", , , "- SAN O'F-~'~ (OUNTlt > My CommllSio~plrel M.y 23, 1983 ) ~"""-".-V-'V"--"'''''''' ...,.....,J ~~~~~~ :- ~ 'OPATf ACKNO','ILfOGMF~jTFO,lM 71200'i~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OfFICE: BALTIMORE. MD. KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPO'lT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. Mo PECOT. JR. . Vice-President, and C, W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, 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 Vice.. Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the SecreM tary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys.in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documer::ts which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Muriel Faust of San Diego, Cali fornla, ' Its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings. . .. . " " ... , . ., . . .... --- ]\nathe execution 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. ~.."...~ .l~:;:O:"'S';o\ :t3 SEAL 1\ \t ...,.,. t! ~o. ..0;- ~..,,~.:;:~ The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this nunnmn,nnn"J~L,nmnu,nm,day oL,umm ,n,m:E'e:t>,;,""IYmnnm,nnm, A.D. 19 "ClQn, FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~uJ~ ATTEST: CC0Q~ STATE OF MARYLAND Assistant Secretary By, Vice-President } SS: CITY OF BALTIMORE On this 1st day of Febru,ary , A.D, 19 80, before the subscriber, a Nota.y Public of the State of Maryland, in and for the City of Baltimore, d1lly commissioned and qualified, came the above.named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltim::~L;ear first above written. ~:.__~7~ / /..~~\ /C) " ;....~OTA... \~\ I ~ __ _ __ _ hh+__ !:( -' ):) N~'t~~y'p~biTr(:~~;;;i~~b;n 'xpj~~:::J.j;:li:.L~:)2,$2 \",:,~ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY 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 force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice. Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and elTect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed thl~ corporate seal of the said Company, this ",,,,,u,,,,m,,m,,'''''''mgn~,,,,,,,,,,,,,,day OL"~"'nn,,u""""'n"'" 19./J1 L1428CtL-3M.11_81 214234 -012-9219 (.z'-11~6/ ....nnnun.._n..nnm......u... Assistlt ecretary FOR YOl'R PIWTECTIO:\ LOOK FORTI [E F&D \\'.\TER\L\RK Revised 6/14/84 RESOLUTION NO. 11661 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CONDI'rIONS 4, 5 AND 15 OF RESOLUTION NO. 10557 APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-6, AND ACCEPTING A BOND FOR $80,000 TO INSURE PERFORMANCE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has previously approved Resolution No. 10557 approving the tentative map for Chula Vista Tract 81-6, Otay Valley Industrial Park, and WHEREAS, a condition of that approval was that off-site street improvements be constructed on the north side of Otay Valley Road off-site of the proposed subdivision, prior to approval of the final map, and WHEREAS, the purpose of this condition was to improve Otay Valley Road for the benefit of the property affected by the proposed subdivision, and WHEREAS, the developer of Otay Valley Industrial Park has been unable to acquire the right of way necessary for the improvements, and WHEREAS, the City of Chula Vista proposes to establish an assessment district for the improvement of 01:ay Valley Road to its ultimate width and within its ultimate right of way, and WHEREAS, the developer desires the flexibility to create an aesthetically pleasing barrier to be in conformance with the Scenic Highways Element of the Chula Vista General Plan, and WHEREAS, the developer has obtained Bond No. 9509126 for $80,000 to insure performance of the amended Conditions4 and 5. NOW, THEREFORE, BE IT RESOLVED that i:he City Council of the City of Chula Vista does hereby amend Conditions 4 and 5 of Resolution No. 10557 to read as follows: -1- Conditions 4 and 5: Developer shall deposit $80,000 as the development's share of the cost of acquiring and improving off-site right of way along the north side of Otay Valley Road adequate to provide thirty five feet of right of way north of the centerline as shown on Chula Vista Drawing No. 75-l09D and 75-ll0D and additional structural street sections between the ultimate street centerline and the northerly line of right of way to be acquired under Condition No. 4 of Resolution No. 10557. Said deposit may be bonded for by the developer until such time as the City of Chula Vista makes a demand for payment or a building permit is requested for any lot within the development. At that time the bond shall be released and ~~e cash contribution shall be accepted in its place. In any event, the cash contribution shall be paid within 120 days of the final map approval if the assessment district has not been esta- blished at that time. Said deposit shall be adjusted to the actual cost of said acquisition, including legal costs, and construction of necessary improvements at such time that said actual cost is known. BE IT FURTHER RESOLVED that Condition 15 of Resolution No. 10557 is amended to read as follows: 15. A decorative block wall at least six feet in height or an alternative suitable to the Director of Planning, shall be erected at the top of the slope along the southerly portion of Lots 1 through 5 and along the westerly portion of Lots 5 and 6. Access shall be provided to the down slope from the interior of the lots. The precise length, height, and design of the proposal shall be determined at the time of precise plan review for building construction. Said approval by the Director of Planning shall be consistent with the intent of the Scenic Highways Element of the Chula Vista General Plan. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept a "Bond for Faithful Perfor- mance II in the amount of $80,000 to insure compliance with amended Conditions 4 and 5. Presented by Approved as to form by .1 a1~ jJ r;~f!l Charles R. Gill, Assistant City Attorney ! j / . .i;'L ~__ / !~I'IJ''"'t>/ J~~ P. Lippitt; ~ity ifu~lneer -2- ;/- //t.t / ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF iULA VISTA, CALIFORNIA, this 84 19th day of June , by the following vote, to_it: Scott, Cox, Moore, McCandliss Councilmen 'ES: WES; 3STAIN: 3SENT; Councilmen None Cot.r1cilmen None Councilmen Malcolm J 'if /t' /<(<-(;'1. .;j;, (~Cd j City 'Clerk , f~' ~ City of Chula Vista -TEST "ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s. ry 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. 11661 ,and that the same has not been amended or repealed. ITED (sea/) City Clerk :-660