HomeMy WebLinkAboutReso 1974-7273
RESOLUTION NO.
7273
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REAPPROVING MAP OF BONITA VIEW TERRACE SUB-
DIVISION, 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 ~1AP WITHIN SAID SUBDIVISION
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
heretofore by Resolution No. 7191, adopted on February 14, 1974,
reapproved the final subdivision map of that certain subdivision
known as Bonita View Terrace, and accepted on behalf of the public
the public streets dedicated on said map, and accepted on hehalf
of the City of Chula Vista, the easements granted on said map
within said subdivision, and
WHEREAS, the subdivider is required by Section 28.308 of
the City Code to file with the City Clerk the required bonds and
agreements as provided by the City Code within 60 days from the
date of approval and acceptance of the final map, and
WHEREAS, because of current conditions in the money market,
the subdivider has not been able to secure completion of financing
arrangements and deposit the necessary security agreements with the
City of Chula Vista, and
WHEREAS, it is now necessary, pursuant to said Section
28.308, to resubmit said final map to the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Chula Vista hereby finds that that certain map survey entitled
BONITA VIEW TERRACE SUBDIVISION, and more particularly described
as follows:
Being a subdivision of the Southwest Quarter of the
Southwest Quarter of Quarter Section 19 in the Rancho
de la Nacion in the City of Chula Vista, County of
San Diego, State of California, according to Map
thereof Number 166 filed in the office of the County
Recorder of San Diego County.
Area:
9.527 Acres
No. of Lots: 49
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 ~ESOLVED that said Council hereby accepts on
behalf of the public the public streets, to-wit: A portion of OTAY
LAKES ROAD and sewer and drainage easements as shown on said map
and said streets are hereby declared to be public streets and dedi-
cated 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 sewer, drainage, street
tree planting and public utilities, subject to the conditions set
forth thereon.
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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 sewer and drainage facilities,
street tree planting, 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 said final map approval and
acceptance be, and the same is hereby valid for a period not to
exceed thirty (30) days, and no further approvals and acceptance
shall be allowed thereafter.
BE IT FURTHER RESOLVED that the r::ity 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, California, upon receipt
of the required bonds and agreements.
Presented and Approved as to Form by
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George D. Lindberg, City
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Attorney
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 9th
the following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of April , 19.2!.., by
AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
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";;7'f:4W.L.'^"'I,(j-, //a-vVt-d:c.:,
Mayor of the City of Chula vista
ATTEST
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Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, , City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. , and that the same has not
been amended or repealed. DATED
City Clerk
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SUBDIVISION IMPROVEMENT AGREEMENT
TillS AGHEEMENT, m;ldc and entered into th is 9th day of
April , 1974 , by and between THE CITY OF' CHULA VISTA, a
municlpaI corporaLion, hereInafter called "City", and E/1DAL CORPORATION,
a California corporation, 525 Third Avenue, Chula Vista, California 92010,
hereinafter called "Subdlvider";
WIT N E SSE T H .
I'IHEREAS, SubdivIder J.S about to present to the City Council
of the City of Chula VIsta for approval and recordation, a final sub-
divJ.sion map of a prcp8sed subdivision, to be known as.
BONITA VIEW TEHRACE ~ pursuant to the provisions of
the Subdivision ~lap Ace of the State of CalJ.fornla, and in compliance
with the provisions of Chapter 28 of the Chula Vista City Code relating
to t.he filing, appL.oval 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 flnal maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San DJ.ego 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 require-
ments of Chapter 28 of the Chula Vista City 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 sub-
division 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 Counc~l, to enter into this
agreement wherein it is provided that Subdlvider WJ.ll install and com-
plete, at Subdivider's own expense, all the public improvement work
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 con-
tained in Resolution No. 6320, approved on the 25th day of January
1972, and
WHEREAS, complete plans and specifications for the construction,
installation and completion of said public improvement work have been
prepared, submitted to and approved by the Director of Public Works,
as shown on Drawings No. 73-98D through 73-102D , on file in the Office
of the Director of Public Works, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specJ.fications has been sub-
mitted and approved by the City, in the amount of TWO HUNDRED FORTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($245,000.00), and
WHEREAS, the estimated cost as approved by the City for the
installation of all monuments is attached hereto, marked "Exhibit A"
and made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOI'lS:
1. Subdivider agrees to comply with all
of the tentatl.ve map rc,;olution; to do and perform
and performed, at its own expense, without cost to
workmanlike manner, under the drrection and to the
of the requirements
or cause to be done
City, in a good and
satisfaction and
.. 1 -
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approval 0; the DirectDr of Public Works, all of the public 'Lmprovement
and/or land development work required to be done in and adjoining said
subdiv~slon; dnd wl11 furnish the necessdry materials therefor, all in
strict conformity dnd in accordance with the plans and specifications,
wInch documents have heretofore been filed in t.he 'Office of the Director
of Public Works and by this reference are incocr:porated 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 com-
pletion 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 lnstalled.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all improvements re-
quired under the provisions of this contract to be done on or before
the first anniversary date of the recordation of the map of said sub-
division.
4. It is expressly understood and agreed that Subdivider will
perform said improvement work as set forth hereinabove or that portion
of said improvement work serving any buildings 9r structures ready for
occupancy in said subdivision prior to the issuance of any certificate
of clearance for utility connections for said buildlngs or structures
in said subdivlsion, and such certificate shall not be i~sued until the
Director of Public Works has certified in writing the completion of said
public improvements or the portion thereof serving said buildings or
structures approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
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, within sixty (60) days from the date of approval of this
an approved improvement security in the sum of SIXTY-FIVE THOUSAND agreement
DOLLARS AND NO CENTS ($65,000.00),
which security shall guarantee the faithful performance of this contract
by Subdivider .~-~-~tt~ched-hereto,-marked-~Exhibit-B~-and-mad~~-paTt
~.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, within sixty (60) days from the 'date of approval of this
an approved improvement security in the sum of SIXTY-FIVE THOUSAND agreement
DOLLARS AND NO CENTS ($65,000.00),
to secure the payment of material and labor in connection with the instal-
lation of said public improvements. wtri-ch--securi-ty--i-g-~~,
marked-~Bxh~b~t-e~-and-made-a-pa~heLeU[.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, within sixty (60) days from the date of approval of this
an approved improvement security in the sum of ONE THOUSAND agreement
EIGHTEEN HUNDRED DOLLARS AND NO CENTS ($1800.00)
to secure the installation of monuments. ~h~ch-~ee~~~~y-~s-a~~aeftea
-her e-Lo,- "Tl=J...-ec}- .J~-b-:rl:--fr'J...-and- -rn-~-a:-t>a-rt -lTeree f.,-
9. It is further agreed that if the public improvements are
not completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
public improvements wi tlnn said subdivision in accordance with the
specifications contained herein. Upon certificatIon of completion by
the Director of Public Works and acceptance of said work by City, and
after certificatio~ by the Director of Finance that all costs hereof
are fully paid, the whole amoun t, or any par t thereof no t required for
payment thereof, may be r c' l,Jased to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
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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 portlon of the costs and
expenses of the work aforesaid, nor shall any offlcer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnlshed therefor, except to the lImits established by
the approved :Lmprovement security in accordance w:Lth the requirements
of the State Subdlvis:Lon Map Act and the provisions of Chapter 28 of
the Chula Vista Clty Code.
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 hereinabo~e provided for, and the cost of 'street signs and
street trees as required by City and approved by the Director of Public
Works shall be pald by Subdivider, and that Subdlvlder shall have de-
posited with City a sum of money sufficient to cover said cost.
12. It is understood ana agreed that until such time a's all
improvements are fully completed and accepted by City, Subdivider will
be responsible for the care, maintenance of, and any damage to, the
streets, alleys, easements, water, and sewer lines within the proposed
subdivision. It:LS 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 omlssions of Subdivider,
its agents or employees in the performance of this agreement, and that
upon acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to this
agreement; provided, however, that said acceptance shall not constitute
a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, 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 SGbdivider, its agents
or employees, in the performance of 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, in the performance of thlS agreement; provided,
however, that the approved improvement securit~ shall not be required
to cover the provisions of this paragraph. Sa:Ld indemnification and
agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivls:Lon and the public
improvements as provided herein, to adJacent property owners as a con-
sequence of the diversion of waters in the construction and maintenance
of dralnage systems and shall not constitute the assumption by City of
any responslbility 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.
14. In the event that suit is brought upon this contract by
City to enforce the terms hereof, City shall be entltled to a reasonable
sum as attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
THE _CIT; OF CHUL~ VIST> -/7 j~ SUBDIVIDER:_ EMDAL
J/:~B ~* ~1 ~~I!
Mayor of the Ci ty f Chula Vl ____
ATTEST Q- It /it.<-- 1JJ ~~L~d ' 'C-:,:,_.--- ? '(,,, . " , ____
//1 Ci ty Clerk
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\' Appro~ed as to f..oflJ,:~ Attach
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,reity Attorney v.
CORPORATION
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Notary Acknowlt4gmcnt
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before me, the undersigned, a Notary Public in and for said
MYron J. Dalseth
.uJ Ti'~ftI
known to me to be Vice Pre8ident~__~-y of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
I nstrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
t
TO 449 C
( Corporation)
STATE OF CALIFORNIA
San Diego
} 55.
COUNTY OF
i
On April 25. 1974
State, personally appeared
known to me to be the
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WITNESS
-hand' and official seal.
_.-
Signatur
'"'I~_..co--<-'--:'>o
Carolyn J. Morgan
Name (Typed or Printed)
@
Emery R. Nadasdy
.........,.~-..v..y'^"^"".....".I'o"."-.'\N',/
~ CAROLYN J. MORGAN ~
7.::' , NOTARY PUBLIC
. ~ Principal Office, San Diego Co. Calit. ~
My Commission Expires September 10, 1975 ~
......-.~.... ~
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(Thi. area for omcial notarial seal)
LIST OF EXHIBITS
Exhibit "A"
Estimate of Cost of Monuments
Exhibit-.1IB.1I
Improvement Security - FeU thful Performance:
Form: Bond *
Amount: $65,000.00
Exh:i:b:i:t-.1Ie.1l
Improvement Security - Material and Labor:
Form: Bond *
AmoU'Tlt: $65,000.00
E~ftH:d:-e:-l!13l!_--
Improvement Security - Monuments:
Form: Bond *
Amount: $1,800.00
Secur i ties approved.as.t\o f9,rm and amount by
/Ei~? Jc-; ~-' ~;:.:C/~??[..
v City Attorney
Improvement Completion Date:
One year from date of.Council Resolution
approving Subdivision Improvement Agreement.
* To be furnished and delivered to the City of Chula Vista
within sixty (60) days from the date of approval of this agreement.
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GRADING AND/OR DRAINAGE BOND 221B010-6 - BOND NO.
The premium charge for this
KNOW ALL MEN BY THESE PRESENTS: bond is $1605.00.
That we EMDAL CORPORATION , a corporation of
, as Principal, and THE TRAVELERS INDEMNITY
COMPANY
, of HARTFORD, CONNECTICUT
, a corpor-
ation, incorporated under the laws of the State of
CONNECTICUT
and duly authorized under the laws of the State of California to act as
Surety, are held and firmly bound unto the City of Chula Vista in the
sum of *ONE HUNffiED SEVEN THOUSAND AND NO/l00THS * * *
($107,000.00)
, lawful money of the United States of America, for the
payment whereof, well and truly to be made; said Principal and Surety
bind themselves, their heirs, administrators, successors and assigns,
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that whereas the above
bounden Principal has agreed to provide certain improvements for the
property known as
BONITA VIEW TERRACE
,
in accordance with
,
dated
, and.is required by the said City
of Chula Vista, to give a bond to guarantee the performance and the
completion of said improvements; NOW, THEREFORE, if the said Principal
shall well and truly perform all the work specified in said agreement,
then his obligation shall be null and void, otherwise to remain in full
force and effect. In addition, this bond shall be conditioned upon the
Surety's full compliance with all terms and conditions of the required
land development permit including that condition specifying a time limit;
and further conditioned upon full compliance with all provisions of the
ordinances and standards of the City of Chula Vista including but not
limited to Ordinance No. 1163, Section 29.2.15 through Section 29.2.17
and/or Ordinance No. 1032, Section 26.113.
The Surety does hereby consent to any'and all alterations, modifications
and revisions to the agreement secured by this bond, including but not
limited to any extensions of time for performance which may be agreed
upon by and between the City of Chula Vista and the Principal.
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SIGNED AND SEALED AT
26th day of
SAN DIEGO
APRIL
. APPROVED AS TO FORM BY
EMDAL CORPORATION
BY:
I-E-97
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State af
Caunty af
California
San Diego
} 55.
On this
26th
day af
April
, 19 74 , befare me personally came
Lora H. Mahan
to me known, who being by me duly sworn, did depose and say: that she is an Attorney(sHn-Foct of The T revelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) the
seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
granted to her in accordance with the By-Laws of the said Corporation, and that she signed her name
thereto by like
< ~.-..-. 'c. NOTA~~::~R~~~~JRr<' I. "r( hi cdu->>l-Ui/
;:~ -.:;jI( . PRINCIPAL OFFICE IN :
'.:. "->, SAN DIEGO cou~<.. I
l M~' C;:'misslon Expires ~. _10, 1976 -.J My commission expires
'....98 Rev. 2.53 ~D--Ir+-lY.~....-
(Notary Public)
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Lara H. Mahan of San Diego, California
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second
Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power
and authority, as defined t2T limited in their respective powers of attorney, for and on behalf of the Company to
execute and l'ieliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the power and authority given to him.
ARTICLE IV, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, the Chairman of the I nsurance Executive Committee, any
Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter-
signed and sealed. if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under-
taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon
the Company when duly executed and sealed, if a seal is required, by one or more attorneys.in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authoriz~d by the By.Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this
day of March 19 7'1
caused these
19th
THE TRAVELERS INDEMNITY COMPANY
By
&
Secretary, Surety
State of Connecticut, County of Hartford-ss:
On this 19th day of March in the year 1971before me personally
came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
cj1vd ';?:.~
My commission expires
Notary Public
April 1, 1974
(Over) 1f7;). 73
"_lRf"Q PI<"HH)'~ ,,~. ~71
State of
County of
California
San mego
} 55.
On this
26th
day of
April , 1974 , before me personally came
Lora H. Mahan
to me known, who being by me duly sworn, did depose and say: that she is an Attorney{s}.in-Fact of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know{s) the
seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
granted to her in accordance with the By-laws of the said Corporation, and that she signed her name
thereto by like aut -'''' ~=.___:^:::"-"-"'-"^-"""""-'-.~""""
O:~'~-:; ;~";;' 'lit',
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(Notary Public)
5-491 Rev, 2.53
PIlINTEDltlU.S......
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My Commission Expires Dee 1.., . )/6 (My commission expireo;:
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BOND NO. 221B012-A
The premium charge for this
bond h $975.00.
BOND FOR FAITHFUL PEP.FOm'lANCE
, as Surety, are held
and firmly bound unto the City of Chula Vista, State of California, in
the sum of*SIXTY-FIVE THOUSAND AND NO/l00THS * * * * * * * * * * *($ 65,000.00 ) ,
lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, jointly and severally, firmly by
these presents.
The condition of the foregcing obligation is such that whereas said
Principal(s) has-have entered into or is-are about to enter into the
annexed contract with the City of Chula Vista, pursuant to the authority
of an act of the legislature of the State of California, approved l'pril
13, 1943, known as the "Subdivision Map Act" (Chapter 2, Part 2, Division
4, Business and Professions Code) and any amendments thereto, for the
grading and surfacing of streets and the construction of curbs, sidewalks
and gutters and sewers, and other improvements, all as shown on the
improvement plans for BONITA VIEW TERRACE , which
improvement plans are on file in the office of the City Engineer of the
City of Chula Vista, and the payment therefor by Principal(s) and; whereas
the Principal(s) is-are required by said City to give this bond in con-
nection with the execution of said contract;
NOW, THEREFORE, if said Principal, as Contractor in the contract
hereto annexed, shall faithfully perform each and all of the conditions
of said contract to be performed by him, and shall furnish all tools,
equipment, apparatus, facilities, transportation, labor, and materials,
other than material, if any, agreed to be furrlished by the ci 1:Y, neces-
sary to perform and complete and to perform and complete in a good and
workmanlike manner the work of EMDAL CORPORATION
in strict conformity with the terms and conditions set forth in the con-
tract hereto annexed, and shall payor cause to be paid, all persons who
pe.cform labor for, or furnish materials to said contract.or, or to any
sub-contractor, in the execution of said contract, then this obligation
shall be null and void - otherwise to remain in full force and effect;
and the Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the
contract or to the \1ork to be performed thereunder, or the specifications
accompanying the same, shall in any wise afft;ct its obligations on this
bone', and it does hereby waive notice of any such change, extension of
time, alteration or addition to tho terms of the contract or t ,'ark
--.- --
or t'J the specifications. . ..,;'''?,~/0,~?~~PO~~
~L CORPORATION, 'V" ,/6 \l. Ii', "i' A
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BY: ',ff"j1Z~ if' ' Z
" .;f
-"j
/. ,
THE TRAVELE '
Contractor
. 0
torney in Fact
APPROVI:D AS TO pam,,:
Il':
Lor
J<>:, ..~' "', /,.-'.': / / . , ,.
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~i ty l\ttorney ~
PI'i-E-34
J( 7:J. ;z3
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Lara H. Mahan of San Diego, California
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws 6f the Company which by-laws
are now in full force and effect:
ARTICLE IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second
Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power
and authority, as defined 0r limited in their respective powers of attorney, for and on behalf of the Company to
execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the power and authority given to him.
ARTICLE IV, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any
Senior Vice President, an}' Vice President or any Second Vice President and duly attested and sealed, if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter-
signed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under-
taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon
the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authoriztd by the By-Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; slIch signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has
presents to be signed by its proper officer and its corporate seat to be hereunto affixed this
day of March 19 71
caused these
19th
THE TRAVELERS INDEMNITY COMPANY
By
&M
Secretary, Surety
State of Connecticut, County of Hartford-ss:
On this 19th day of March in the year 1971 before me personally
came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
~#:.~
My commission expires
Notary Public
April 1, 1974
(Over) f<.7;1.. 73
S~1869 PRINTED IN U.S.A. 371
CERTIFICATION
I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY
COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article
IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been
abridged or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this
26th
day of
April
1974 .
!lJ~ p~
Assistant Secretary, Surety
5-1869 (BACK)
BOND NO. 221B012-A
~RC:MIUM. GHkRt;ED IS lNC ;
CHARGE FOR PERFORMANCE:" &0ND.
BOND FOR MATERI1\.L A1'JD LABOR
KNOI'I ALl. MEN BY THESE PP-ESENTS, Thut 1/\..e
EMDAL CORPORATION
the contractor in the contract hereto annexed, as Principal, and
THE TRAVELERS INDEmITY COMPANY
, as Surety, are held
and finnly bound unto the Cl'l'Y OF CHULA VISTA, a municipal corporation,
located in San Diego County, California, in the sum of
*SIXTY-FIVE THOUSAND AND NO/l00THS * * * * ($. 65,000.00
), lawful money of
the Uni ted Sta~ces, for which payment, well and truly to be made, 'de bind
ourselves, jointly and severally, firmly by these presents.
Signed, sealed and dated APRIL 26, 1974
The condition of the above obligation is that if said Principal,
as contractor in the contract hereto annexed, or his or its subcontractor,
fails to pay for any material, provisions, provender, or teams, used in,
upon, for or about the performance of the work contracted to be done by
said contractor, namely, to furnish all tools, equipment, apparatus,
facilities, transportation, labor, and material, other than materi.al, if
any, agreed to be furnished by the City, necessary to perform and complete
and to perform and complete in a good and workmanlike manner, the work of:
BONITA VIEW TERRACE
in strict conformance with the terms and conditions set forth in the CO'1-
tract hereto annexed, or for any work or labor done thereon of any kind,
said Surety will pay the same in an amount not exceedinq the SUle herein-
above set forth and also, in case suit is brought upon this bond, a
reasonable attorney fee to be fixed by the courts. This bond shall inure
to the benefit of any and all persons, companies, and corporations
entitled to file claims under and by virtue of the provisions of an act
of the Legislature of the State of California entitled "An P.ct to Secure
the Payment of the Claims of Persons Employee; by Contractors upon Public
Works, and the Claims of Persons who FurnisJ-jec1 Materials, Supplies,
Teams, Implements or Hachinery Used or Consumed by such Contractors, in
the Performance of Such Works, and prescribing the Duties of Certain
Public Officers with Respect Thereto," approved May 10, 1919, as amended;
and the:said Surety for value received hereby stipulates and agrees that
no change, extension of time, alteration Or addition to the terms of the
cont.ract or t.o the work to be performed thereunder, or the specificat.ions
accompanying the same, shall in any wise affect its cbliqations on this
bond., and it does hereby v;aive notice of any snch changes, extension of
time, alteration or addition to t.he terms of the oontract or to the work
or to the specifications.
Contracto
THE TRAVELERS INDEMNITY COMPANY
P
EMDAL CORPORATION
~t Cl
-"0tr:!
110 West A S!:re~t, San Diego, California
Surety 92101
/'-----, ,/'.....
,~lt~9>>ED AS r~ ~~Rrt/..
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. P\'l-E-34
17;< 23
, 'l:,.:.;,l-",
.:.- .. ,.,.;;:>
St'.:Jte of
CI "unty of
California
san Diego
} 55.
On this
26th
day of
April, 19~, before me personally came
Lora H. Mahan
to me known, who being by me duly sworn, did depose and say: that she is an Attorney{s)-in-Fact of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) the
seal of said Corporation; that the seal affixed to said instrument is such corporote seal; that it wos so affixed by authority
granted to her in accordance with the By-Laws of the said Corporation, and that she signed her nome
thereto by lik "~,c. -=~.~~. _,
. ':~'C:'i:, 'i.L_.:, .
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lIFORNt,'.; I,.;
~~ICt; IN ,
'-.'UNTY
~nmjssion Expires Dec. 10, 1)76
(Notary Public)
I
L.Ni.i
Rev. 2-53
ii
My commission expires
5-498
PIlIIHEDINU.S..l.
~ . ~~ ~",..;,..c:;.- _.....--..'---;;,..___-~~_~
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Lara H. Mahan of San Diego, California
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second
Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact Of agents with power
and authority, as defined Q,r limited in their respective powers of attorney, for and on behalf of the Company to
execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the pOWer and authority given to him.
ARTICLE IV, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
Presidellt, the Chairman of the Finance Committee, the Chairman of the I nsurance Executive Committee, any
Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter-
signed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under-
taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon
the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly cal1ed
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authoriz~d by the By.Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; slIch signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this
day of March 19 71
caused these
19th
THE TRAVELERS INDEMNITY COMPANY
By
Secretary, Surety
State of Connecticut, County of Hartford-ss:
On this 19th day of March in the year 1971before me personally
came E. A. Houser 111 to me known, who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
~';f.~
My commission expires
Notary Public
April 1, 1974
5.1869 PRINTED IN U,S.A. 371
(Over)
X7:J2J
-.
CERTIFICATION
I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY
COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article
IV of the By-Laws and the Resolution of the Board of Directors of November 3D, 1959 have not been
abridged or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this
26th
day of
April
1974 .
Ib~P~
Assistant Secretary, Surety
5-1869 (BACK)
BOND NO. 221BOll-8
The premimn charge for this
bond is 1>27.00.
SURVEY },10NmmNT INSTl\l.,l,l\TION BOND
I,NOIv l\LI, }lEN BY '1'IlESE PEESENTS, Tho. t I/\'Ie EMDAL CORPORATION
o.s the subdividc'r a.nd Principal, o.nd t,he THE TRAVELERS INDEJ1NITY COMPINY
a Corporo.tion of the State of
CONNECTIClIT
I as Surety, arc
held and firmly bound unto the City of Chula Vista, a municipal cOl:poration,
in the County of San DieCjo, State of California, and to and for the benefit
of any and all persons \\'ho may' suffer damo.ge by reason of the breach of
the condi tions hereof, in the penal sum of*ONE THOUSAND, EIGHT HUN IRED AND NO/100THS*
($ 1,800.00
lm,!ful money of the' l1ni ted States of America, to be paid
to the said City of Chulo. Vista.
WHElml\S, the said Principal is presently engaged in subdividing
certain lands to be known a s BONITA VIEW TERRACE
subdivision in the
City of Chula Vis.ta, in accordance wi th the Contract for Completion of
Improvements authorized by resolution No. 6320
, and
vWEREl\S, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
to get same at a later date,
NOW, 1'HEREFORE, the condition of the above obligation is that if the
Principal sha.ll have set durable monuments of the survey by
Engineer)
which is on file with the City Engineer of the City of Chula Vista, refer-
, as
(name of
per the final map of said subdivision, a copy of
ence to \'!hich said mill' is hereby made and same is incorporated herein as
though here set forth in full, and according to the ordinances of the
City of Chula Vista in force and effect at the time of giving of this bond,
on or before the expiration of thirty (30) consecutive days following
completlon and acceptance of public improvements within said subdivision,
then the obligation shall be void, otherwise to remain in full force and
N:,/.;. ,
" /'.; ,...../ ~ .-.-...- ,
,."_--I'~I '--1:"-;._.-/
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ci ty I\C corney
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',' . ,_._.~ .._ /./ I ';-_....
':'./ t,.<:----..........-
effect.
IN \lITNESS I,HEREOF, the
their hands, this 26th day of
~ ',----
EMDAL CORPORATION BY: /;1 J
l\PP)(OVED ,\S TO FORll:
State af
County of
California
San Diego
} 55.
On this
26th
day of
April
i 19---1-4 before me personally came
Lara H. Mahan
to me known, who being by me duly sworn, did depose and say: that she is an Attorney{s)-in-Foct of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) the
seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
granted to her in accordance with the By.laws of the said Corporation, and that she signed her nome
thereto by like auth -----
OFJ:lCi^( ~"Ai.
K. A. BREMER
NOTARY PUBLIC - CALIFORNiA!
PRINCIFAl OFFICE IN
;,;., N D! EGO COUNTY
"'~)n Expires Dec. 10, 1976 Y commission expires
__,..~.__.._':";':;"":: I,
-0
5-498 Rev. 2a53
1:
~~_ . ~ ' ,rn:
iJ,:.;..--...--.... . ~
PRINTEDINU.S..l.
(Notary Public)
~ ,-ti73
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Lora H. Mahan of San Diego, California
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws Of the Company which by-laws
are now in full force and effect:
ARTICLE IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee, any Senior Vice President, any Vice President, any Second
Vice President, any Secretary or any Department Secretary may appoint attorneys-ill-fact or agents with power
and authority, as defined <!if limited in their respective powers of attorney, for and on behalf of the Company to
execute and deliver, and affix the seal of the Company thereto, honds, undertakings, recognizances, consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the power and authority given to him.
ARTICLE IV, SECTIOr-; 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any
Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee, any Senior Vice President, any Vice President or any Second Vice President and counter-
signed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, under-
taking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon
thf;' Company when duly executed and sealed, if a seal is required, by one or more attorneys.in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authorizt!d by the By-Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this
day of March 19 71
caused these
19th
THE TRAVELERS INDEMNITY COMPANY
By
&M
Secretary, Surety
State of Connecticut, County of Hartford-ss:
On this 19th day of March in the year 1971before me personally
came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut: that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
cj1vd ';r.~
My commission expires
Notary Public
April 1, 1974
(Over)!?,?:; }3
5.1869 PRINTED IN U.S.A. 371
l;!>HTl1<ll;ATlU.N
I, William R. Schermerhorn, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY
COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article
IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been
abridged or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this
26th
day of
APril
1974.
!JJ~ p~
Assistant Secretary, Surety
8-1869 (BACK)
GENERAL CONTRACTORS
DAlSETH CONSTRUCTION CO.
RESIDENTIAl- ~ COMMERCIAl-
_ REMODELING -
525 THIRD AVE.
CHULA VISTA. CALIF.
PHONE 422-4913
'14 GUAVA AVE.
CHULA VISTA. CALIF.
PHON!!!: 420-3!544
April 3. 1974
TO: City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 92012
REF: Bonita View Terrace
Council Resolution #6949
Gentlemen:
At the present time we have financing with one of the major lending
institutions negotiated, however it may require some more additional time to
finalize the required documentation.
We hereby respectfully ask the City Council to grant us an addi-
tional sixty (60) day extension.
We are in daily communication with the lender and the bonding
company to expedite the matter as soon as possible. It appears that we will
be able to post all required bonds by the expiration date of April 15, 1974
but are requesting thia extension as a precautionary measure, in the event all
documents cannot be completed in time.
MJD/mjd
.<>
<>>~r~\\\t~
':~ \\)71\....
r 1,~? ~\ <'.\:::?~
",',' ~'?1. l:~,.,.
R:iectff~~ :0'(;),/ ~//
i1%'.1N,~f Yfd~41/4-
J. seth, President
1 Co oration
Third Avenue
Chula Vista, California 92010
., -'.'
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