Loading...
HomeMy WebLinkAboutReso 1974-7357 Form No. 352 Rev. 11-67 RESOLUTION NO. 7357 RESOLUTION OF THE CITY C00NCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN APOLLO UNIT NO. 3 AND AUTHORIZING TmE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT R~SOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Sub- divider, TIME DEVELOPMENT CO., 3246 Governor Drive, San Diego, CA. dated the 6th day of June , 1974 , for the completion of improvements in that certain subdivision known as Apollo Unit No.3, a copy of which is attached hereto and by reference made a part here- of, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED ~hat the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by ff~'O George D. Lindberg, .",...'":, ,/" .Co' _.' ""...../ -",. /~, :::t -- / / ;,>,,',:~ ":e.- r.:" . :.c.~~l-?:P La~~ole~irector of~lic Works ADOPTED AND APPROVED VISTA, CALIFORNIA, thi~ 2nd following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA , day of July , 19~, by the AYES: Councilmen Hobel, Hami~ton, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen Hyde ATTE'T ~"'" ~;r{ 4- ",r ~ Clty Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) ~""'''-:Y t~ )'J/~ ayor of the " ")<'" .,.~ / /~..J.~/ \, ViL7. kt..(::Yj<? Ci y of Chula VlSt I, Vista, California, DO HEREBY CERTI~Y correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been City Clerk SUBDIVISION IMPROVEMENT AGREEMENT JUNE municipal CO., 3246 THIS AGREEMENT, made and $ntered into this 6th day of , 19 74 , by and between THE CITY OF CHULA VISTA, a corporation, hereinafter called "City", and TIME DEVELOPMENT Governor Drive, San Diego, California 92122 hereinafter called "Subd1vider"; WI T N E S SETH. WHEREAS, Subdivider 1S abQut to present to the City Council of the City of Chula Vlsta for apprQval and recordation, a final sub- division map of a proposed subdivision, to be known as APOLLO UNIT NO. 3 pursuant to the provisions of the Subdivision Map Act of the Stat~ of California, and in compliance with the provisions of Chapter 28 of the Chula Vista City Code relating to the filing, approval and recordation of subdiv1sion maps, and WHEREAS, the Code provide~ that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either 1nstalled and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before f1naI maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, ~ecured by an approved improvement security to insure the performance ~f said work pursuant to the require- ments of Chapter 28 of the Chula Vi$ta City Code, agreeing to install and complete, free of liens, at Sub~ivider's own expense, all of the public improvements and/or land development work required in said sub- division within a def1nite period of time prescribed by said Council, and ,VHEREAS, Subdivider is willing, in consideration of the approval and recordation of said mal? by the Council, to enter into this agreement wherein it 1S provided that Subdivider will install and com- plete, at Subdivider's own expense, ,all the public improvement work required by Clty in connection withithe proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map ~f said subdivislon has heretofore been approved, subJect to certain r~quirements and conditions, as con- tained in Resolution No. 6751, apprqlved on the 15th day of February, 1973, and WHEREAS, complete plans aad speclfications 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. 74-73 D through 74-77 D, 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 plan$ and specifications has been sub- mitted and approved by the City, in the amount of ONE HUNDRED SIXTY THOUSAND DOLLARS AND NO/CENTS ($160,000.00), and WHEREAS, the estimated CO$t as approved by the City for the installation of all monuments is a q:ached hereto, marked "Exhibit A" and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees t,o comply wi th all of the tentative map resclution; to do and perform and performed, at its own expense, without cost to workmanlike manner, under the direction and to the of the requirements or cause to be done City, in a good and satisfaction and . 1 - 12 Z35 7 approval of the Director of Public ~orks, all of the public improvement and/or land development work requir~d to be done in and adjoining said subdiv~sion; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, wh~ch documents have heretofore been filed in the Office of the Director of Public Works and by this referente 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 com- pletion and acceptance of the requited improvements, and that Subdivider has installed or will install tempotary street name signs if permanent street name signs have not been installed. 3. It is expressly under$tood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements re- quired under the provisions of this contract to be done on or before the first anniversary date of the r$cordation of the map of said sub- division. 4. It is expressly underftood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving ant buildings or structures ready for occupancy in said subdivision prior'to the issuance of any certificate of clearance for utility connection, for said build~ngs or structures in said subdiv~sion, and such certificate shall not be issued 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; pr~vided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly under.tood and agreed to by Subdivider that, in the performance of said wotk, 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 ag~ees 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 EIGHTY THOUSAND DOLLARS AND NO/CENTS ($80,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit B" and made a part hereof. 7. Subdivider further ag~ees 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 EIGHTY THOUSAND DOLLARS AND NO/CENTS ($80,000.00) to secure the payment of material and labor in connection with the instal- lation of said public improvements, :which security is attached hereto, marked "Exhibit C" and made a part hereof. 8. Subdivider further agUees 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 TWO THOUSAND DOLLARS AND NO/CENTS ($2,000.00) to secure the installation of monumE!nts, which security is attached hereto, marked "Exhibit D" and made ,a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agree4 herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements withln said subdivislon in accordance with the specifications contained herein. Upon certification of completion by the Director of Public Works and acdeptance of said work by City, and after certif ica tion by the Di rector 'of Finance that all costs hereof are fully paid, the whole amount, or any part the'Cpof not required for payment thereof, may be (~J eased to iSubdi vldeL or -'- ts successors in interest, pursuant to the terms of the improvement security. - 2. R "/3S-1 I . ;, , ; STATE OF CALIFORNIA } COUNTY OF SAN DIEGO 55. On~1lNE 6, 1974 before me, the undersigned, a Notary Public in and for said County and State, personally appeared MICHAEL A. MORRIS known to me to be the ViCLPresident, and ' known to me to be the_~~Secretary of BAHAR CONTRACTING CO. , the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of TIME DEVELOPMENT CO. ilie . partnership that executed the within instrument, and acknowl~dged to me that such corporation executed the same as such partner and that sllch pa rship executed th same. 1/ FOR NOTARY SEAL OR STAMP ~ l~~?~~l (:Y""' >. Z~~..'"'~'''''~ - .,~"~"--r''''}''.I\N +ct~7"\; NO;;:;<',';':G:;~'{':::~;'f.Oi(Nl^ ~,if;-~ 1,<,,~,,;h,L ~Ih;;_,,- II~ C~GFi',,;:;'" ::,\i\i DiLeO ,:::;UNTY My Commissiorl Expires rlprd 2;:', 1975 ,~",""""'''J''oP~ / ANNE Name (Type r Printed) Notary Public in and for said County and State 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, e~cept to the limits established by the approved improvement security in accordance with the requirements of the State Subdivislon Map Act and the provisions of Chapter 28 of the Chula Vista City Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspect.ion, 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 f~r, and the cost of street signs and street trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, ~nd that Subdivider shall have de- posited 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, alleys, easements, water and sewer lines within the proposed subdivision. It is further underst~od and agreed that Subdivider shall guarantee all public improvements f~r a period of one year from date of final acceptance and correct any and all defects or deficiencies arising durlng said period as a result of tbe 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 improve~ents constructed pursuant to this agreement; provided, however, that $aid 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 act.s or omissions of Subdivider, 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, c4uses 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 this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and ~greement to hold harmless shall extend to damages or taking of property 'esulting from the construction of said subdivlsion and the public .mprovements as provided herein, to 'adjacent property owners as a con- sequence of the dlversion 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 fcjr 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 entitled 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 yea~ first hereinabove set forth. THE CITY OF CHULA VISTA CO. '" "d" ~ ';J'" <-.' " {~"3->v" l~- ~ k~-~l I' C ...,,; /::.... ' -' ,;.. '-c.,c..' ,r- ., Mayor of~e City of Chula Vist~ ATTEST (, i"'lV?~ '/77 ~ L~ /(City Clerk tJ :> L-'" .JY~J~"r~ , Clty Attorney EL A. ~ Vice President 7 / / , . lJ-/ Attach Notary Acknowledgment here. - 3 - I( '735-7 LIST OF .EXHIBITS Exhibit "A" Estimate of Cost of Monuments Exhibit "BI! Improvement Security - Faithful Performance: Form: Bond Amount: $80,000.00 Exhibit "c" Improvement Security - Material and Labor: Form: Bond Amount: $80,000.00 Exhibit "D" Improvemel1t Security - Monuments: Form: Bond Amount: $2,000.00 Securities approved as to form and amount by i l;V /V 2:o'~ci-Ci t~ / /-", . / ~ / ,>- c/// Attorney ~ Improvement Completion Date: One ;year from date of Council Resolution approving Subdivision Improvement Agreement ~-\ K.i:,5? CALIFORNIA I ; .",ICtAL SIAL JAY ANDERSON NOTAIY PUlllC . CA.lIFORNIA "IINCIPAl OFfiCE IN SAN D'IEGC rCIJNTY lsaion Expires July 2, 1974 ~---- of SAN DIEGO '" OFFICIAL SI!'AL '; JAY ANDERS2N, j:. NOTARY PUBLIC CA1 ~F~::'NIA ~ '..' PRINCIPAL C'j';:'-~E.N J My ;t~;~o~.~,;~~~I~;:~:~~. 'Vito R4 ('/721 ! 55. On JUNE 17. 1974 , before me, the undersigned, .a Notary Public of said county and state, personally appeared C. H. COYLE, JR. known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPANY , the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to m"M'mffi~=W;Z;~~ ! 55. On .TllNF. 17, 1974 , before me, the undersigned, .a Notary Public of said county and state, personally appeared C. H. COYLE, JR. known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPANY , the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. /-I~ ~~~L1C .735>7 BOND #YS Q96 5736 Premium $800.00 (included) BOND FOR FAITHFUL PERFORHANCE KNOW ALL ~lliN BY THESE PRESENTS, That X/We TIME DEVELOPMENT CO. Principal, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Chula Vista, State of California, in the sum of Eighty-thousand and no/lOO dollars ($ 80,000.00 ) , lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing 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 April 13, 1943, known as the "Subdivision Hap 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 APOLLO Unit #3 , 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) iso-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 furnished by the City, neces- sary to perform and complete and to perform and complete in a good and workmanlike manner the work of APOLLO Unit #3 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 contractor, 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 addi. t.ion to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in a.ny 'vise affect its obligations on this bon~, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. TIME DEVELOPMENT CO. ~ahar Contracting Co. ~. ~ ,-/1 A.. 110 INDUSTRIAL IND&~ITY COMPANY ~~. j C BY: . H~~R. ~ORNEY-IN-FACT U ') "J ) - - -- L"_ -- \. .) .- (/L.- "'- -L .-;---cz-- ---",L-. ~ ~... - CO .-- ~ HARVEY AliSTER, Secretary-Treasurer Surety APPROVED 1'.S TO R ~~~~ "'City Attorney P\"I-E-34 t;lower ot a ttornep 269 INDUSTRIAL INDEMNITY COMPANY ... '" . SAN FRANCISCO Itnotu all mtn bp tbtst t}rtstnts: That INDUSTRIAL INDEMNITY COMPANY. a corpOlTation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ----------------------------------C. H. COYLE, JR.---------------------------------------- its true and lawful attorney for it and in its name, place and ~tead to execute on its behalf as surety. bonds, undertakings, stipulations, consents and all contracts of suretyship and to attach its corpcPrate seal to such obligations in favor of -------------------------------------ALL OBLIGEES----------------------------------------- provided that the liability of the Company as surety under his: authority, in no one instance shall exceed the sum of -----------------c---------------------UNLIMITED------------------------------------------ thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com. pany, when attested to by the Secretary or an Assistant Sedetary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 12 th day of May , 1972 . INDUSTRIAL INDEMNITY COMPANY SEAL By D. H. McCOMBER D. H. McCOMBER, EXECUTIVE VICE PRESIDENT Attest: DONALD W. SATTERLEE DONALD W. SATTERLEE, Assistant SecretallY STATE OF CALIFORNIA I CITY AND COUNTY OF SAN FRANCISCO f ss. On this 12 th day of MAY , 19, 72 , before me, MARY MUELLER a notary public in and for the City and County of San Franci~co, State of California, personally appeared D. H. McCOMBER and DONALD W. SATTERLEE known to me to be theEXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27, 1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL My commission expires July 14. 1975 MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California CO W. H. EAGLETON, ASSISTANT VICE PRESIDENT ofINDUSTRIALINDEMNITYCOMPANY, compared the Power of Attomejy granted herein and the Resolution recited herein with the originals now of said Company, and that the: same are correct transcripts therefrom and of the whole of the said origi- orney has not been revoked but is still in full force and effect. e hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY Francisco, California, this 17 day of jf0'/~fII W. H. EAGLETON, ASS "I 1 , , State of CALIFORNIA County of SAN DIEGO 1 YO.O R4 (./72) O'''CI''~ ...~ . .~,.. JAY ANDERSON NOTARY I'UIlIC . CALlfOI,,!'+ PRIHeIPAI OFFICI IN SAN DIEGO COUNTY Comrnissfon ExPi,~. July 2, 1914 -".. ,::t!!P"':"..",_,.....,.. f ss. know to me to be the Attorney-in-Fact of IN USTRIAL INDEMNITY COMPANY , the poration that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me th t such Corporation executed the same. BOND #YS696-5"136 Premium $800.00 BOND FOR l1Nl'[~rUAL AJ'JD LABOR KNOI'I ALI~ !1EN BY THESE PIlliSENTS, That x/\'ie TIME DEVELOPMENT co. the contractor in the contract hereto annexed, as Principal, and INDUSTRIAL IND~mITY COMPANY , as Surety, are held and firmly bound unto the CI'I'Y OF CHULA VISTA, a municipal corporation, located in San Diego county, California, in the sum of Eighty-thousand and no/IOO dollars ($ 80,000.00 ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated June 17, 1974 The condition of the above obligution 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 abou,t the performance of the ItlOrk contracted to be done by said contractor, namely, to furnish all tool"s, equipment, apparatus, facilities, transportation, labor, and material, other than material, 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: APOLLO Unit #3 in stri ct conformance ',,,i th the terms and conditions set forth in the con- tract hereto annexed, or for any work or labor done thereon of any kind, said Surety will pay the same in an amount not exceec.1inq the surr! 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, comuanies, and corporations entitled to file claims under and by virtue of the provisions of an act of the Legislature of the State of Califon,ia entitled "An JI,ct to Secure the Payment of the Claims of Persons Employee: by COO"ltrGctors upon Public Works, and the Claims of Persons who Furnished Materials, Supplies, Teams, Implements or !-1achinery Used or Consumed by such Contracieors, in the Performance of Such hcrks, and Prescribing the Duties of Certain Public Officers \'li th Respect Thereto, Ii apnroved r-tay J.O, 1919, as umended; and the said Surety for value received h;";'eby stipulates and agrees that no change, extension of tinle, alteration or additio!l to the ternlS of the contra.2t or to the work to be perforr~1cd thereunder, or the specifications accompi.mying the same, shall in any VJlse affect its cbliaations on this bond, and it does hereby waive notice of any such chanqes, extensi_on of time, alteration or addition to the terms o~ the contr~ct or to the work or to the specifications. TIME DEVELOPMENT CO. B B~h~r Contracti~.eo. ~i&! (i!!j P1A~ ~ '. MIe EL A. ~s,~~e.sident ( ---"1 /-', , '/',; ht. l ---..:~~~ HARVEY AMSTER, Secretary-Treasurer . (,Ap,PnpVED AS ,TO ),<j'~L>:::::) /. I ) / ~/ ~ ! ./ .~ .. /.., . //.,/--('/\..-0./ ,..-/<, ' ._~~~-~-=-,-~ ". ~ INDUSTRIAL INDEMNIT~ -.--...--...---------..." ~~' BY: I{; , H. C ,(~P:: t'i . ~_T"_"'~~ Surety P\\1-E-3.1 HOME OFFICE INDUSTRIAL INDEMNITY COMPANY SAN FRANC I SCO tlotuer of -a ttornep 269 Jtnotu all men bp tf)ese ~resents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ----------------------------------C. H. COYLE, JR.--------------------------------,------- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of -------------------------------------ALL OBLIGEES----------------------------------------- provided that the liability of the Company as surety under his authority , in no one instance shall exceed the sum of ---------------------------------------UNLIMITED------------------------------------------ thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows: uRESOL VED, that the Chairman of the Board or Pres~dent or Executive Vice President or Senior Vice President of this com. pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all cpntracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 12 th day of May , 1972 . INDUSTRIAL INDEMNITY COMPANY SEAL By D. H. McCOMBER D. H. McCOMBER, EXECUTIVE VICE PRESIDENT Attest: DONALD W. SATTERLEE DONALD W. SATTERLEE, Assistant Secretary STATE OF CALIFORNIA I CITY AND COUNTY OF SAN FRANCISCO \ ss. On this 12 th day of MAY , 19, 72 , before me, MARY MUELLER a notary public in and for the City and County of San Francisc;:o, State of California, personally appeared D. H. McCOMBER and DONALD W. SATTERLEE known to me to be theEXECUTIVE VICE PRESIDENT and ASS ISTANT Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27, 1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL My commission expires Julv 14. 1975 MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California CO W. H. EAGLETON, ASSISTANT VICE PRES IDE NT of INDUSTRIAL INDEMNITY COMPANY, compared the Power of Attorney granted herein and the Resolution recited herein with the originals now of said Company, and that the $ame are correct transcripts therefrom and of the whole of the said origi~ orney has not been revoked bUjt is still in full force and effect. e hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY Francisco, California, this day of JUNE/" 17 ,~ ~fl~ . -:; 1-?{' ,-""") 0>-"> Ip W. H. su):vr;y W1Nllll1:N'1' 11,~;'.I'1I],L1\'J'lON JiOlm BOND #Y8 696 5737 PHEMIUH $20.00 lZNU\'1 lILL ))1:11 UY TIIJ::;): l'W::;J:N'n;, 'l'llilt Ja/\'ic' TIME DEVELOPMENT CO. ..-.._..--~~----_.__._-------"~-~---_.__.- ('IS i~lIC' ~:;Ubl1) vidcr ;ll)(l Prine.) p(d., ant'! UH~ INDUSTRIAL INDEMNITY COMPANY a Corpo):Jtiol1 of th" State o!:__.~ALIFO~~n~___._:._.__, i1~" Sm:ct.)', iln~ helel anel find,y boulld Ul1to tilL' City of Chula \li~,;til, il l1\\micipill corpor,lt.i<'J1, in the County of <;,1lI D.lc<jo, State of (~idifornii1, i\l1c1 to ,111<1 for Uw )'(,llofit of any and idl pcrclon~; \,:ho may' ~;uffo),' d,11l1Ll'J(~ by reQson of the breileh of the conditjclJlS hereof, in the penul f;U1n of Two-thousand and no/lOa dollars ($_-1..QOO.OO__) liJ\.'ful money of HI," Uni teo !;tiJLCcl of lImcrica, to ho pi1id to t:hc sili<l City of Chula Vi,;ta. ,'nll:lcEhS, the said Principal is pn~,sently en<jagcd in subdividing ccrt.ain lanc1~3 to be }-;:no'\'.'n D~~ APj!!:LO Uni t #3 subdivision in the City of Chula Vista, in ilCCDH1ance vii th the ContJ:act for Completion of ImproveJo.lents authorized ,by resolution , and \';Tn:HEt,S, the said 1'rinci))ul desires' not to set duri1ble monuments prior to the rccordation of the fin<:l1 mnp of th8 subdivision and desires to get sumc nt a li1t.cr date, 1<01'1, ~'JlJ;:P.EFORE, t.he condition of the above obligntion. is thnt if the P:ril1cipal shall have set durable monuments of the i;urvcy by Arthur B. (name of a copy of Shurt le ff Engineer) which is on file with the , as per the final map of said SUbdivision, City Engineer of the City of Chula Vista, refer- ence to ",hich said mi1p is hereby made and same is incorpol:ated herein as though here set forth in full, and according to the ,ordinances of the Ci t~' of Chula visti1 in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecuti~e days following completlon and acceptance of public improvem<;,nts within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN IVITNESS I(,HEREOF, the said Principal and Surety have hereunto seL ~~Pl' ,0 ED ,'IS ~: ,/l ;'~ ~p k../l--?5:::. .c-<7 ;; ''( --.---------- Ci ty ,\\. \.Ul'J\l'Y June 74 tlanar . Contracting Co. (Pri nc.ipi1ll their hands, thi s 17 day of --r~ reSl ent (Suretv) 1'1~-]-;-.1 ,) 7'.i'\) . I..)~. ~otutr of~ttornt!' 269 INDUSTRIAL INDEMNITY COMPANY . . SAN FRANCISCO Jtnotu all men bp tf)ese -'resents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ----------------------------------C. H. COYLE, JR.--------------------------------,------- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations, consents.and all contracts of suretyship and to attach its corporate seal to such obligations in favor of -------------------------------------ALL OBLIGEES----------------------------------------- provided that the liability of the Company as surety under his :authority, in no one instance shall exceed the sum of ---------------------------------------UNLIMITED------------------------------------------ thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27tih day of January , 1971, reading as follows: "RESOLVED, that the Chairman of the Board or Pres~dent or Executive Vice President or Senior Vice President of this com- pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under ;such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 12 th day of May , 1972 . INDUSTRIAL INDEMNITY COMPANY SEAL Attest: By D. H. McCOMBER D. H. McCOMBER, EXECUTIVE VICE PRESIDENT DONALD W. SATTERLEE DONALD W. SATTERLEE, Assistant Secretary STATE OF CALIFORNIA I CITY AND COUNTY OF SAN FRANCISCO \ ... On this 12 th day of MAY , 19, 72 , hefore me, MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared D. H. McCOMBER and DONALD W. SATTERLEE known to me to be theEXECUTIVE VICE PRES IDENT and ASSISTANT Secretary of the corporation which executed the within instrument, and acknowledged tb me that such corporation executed the same, and that ,the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27, 1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL My commission expires Ju1v 14. 1975 MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California CO W. H. EAGLETON, ASSISTANT VICE PRES IDENT oflNDUSTRIAL INDEMNITY COMPANY, compared the Power .of Attorney granted herein and the Resolution recited herein with the originals now of said Company, and that the ;same are correct transcripts therefrom and of the whole of the said origi- orney has not been revoked but is still in full force and effect. e hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY Francisco, California, this 17'I1H day of JUN,E/'~' -) --f:.:Y~) PRES IDENT W. H.