HomeMy WebLinkAboutReso 1974-7181
Form No. 352
Rev. 11-67
RESOLUTION NO. 7181
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
RANCHO RIOS SUBDIVISION, UNIT. NO.6
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between the CITY OF CHULA VISTA, a municipal corporation, and Sub-
divider, RANCHO RIOS DEVELOPERS, a limited partnership,
dated the 14th day of February , 19--24..., for the completion
of improvements in that certain subdivision known as
RANCHO RIOS, UNIT NO.6,
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 that 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.
er~bY ~
La . '~Dlrector 0
Public Works
Approved as to form by
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George D. Llndberg, Clty Attor~
ADOPTED AND APPROVED
VISTA, CALIFORNIA,thi~ 14th
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
, day of February , 19~, by the
AYES:
Councilmen
Hyde, Egdah1, Scott, Habel, Hamilton
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
,
ATTEST lltHt.& 1)) ~,{cu1/
C,/, Cl ty Clerk ,
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Mayor of the City of Chula Vista
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I,
Vista, California, DO HEREBY CERTIFY
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amended or repealed.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
THIS AGREEMENT, made and entered into this 14th day of
February , 19 H-' by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RANCHO RIOS
DEVELOPERS, 3910 Chapman Street, Suite B, San Diego, California 92110,
hereinafter called "Subdlv1der";
WIT N E SSE T H .
WHEREAS, Subdivlder 1S about to present to the City Council
of the City of Chula Vista for approval and recordation, a final sub-
division map of a proposed subdivision, to be known as RANCHO RIOS
UNIT NO. 6 pursuant to the provisions of
the Subdivision Map Act of t.he State of Californla, and in compliance
with the provisions of Chapter 28 of the Chula Vista City Code relating
to the filing, approval and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula V.ista, Subdivider must.
have either lnstalled and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereof, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the 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 recOJ:dation of said map by the Council, to enter into this
agreement whereln it is provided that Subdivider will install and com-
plete, at Subdivider's own expense, all the publ1c improvement work
required by City in connection with the proposed subdivision and will
deliver to City improvement secur1ties as approved by the City Attorney,
and
,mEREAS, a tentative map of said subdivision has heretofore
been approved, subJect to certain requirements and conditions, as con-
tained in Resolution No. 6592 , approved on the 5th day of September,
1972t and
WHEREAS, complete plans and spec1fications 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. 73-184D through 73-194D, 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 specifications has been sub-
mi tted and approved by the City, in the amount of TWO HUNDRED SIXTEEN
THOUSAND ONE HUNDRED THIRTY-THREE DOLLARS AND NO CENTS ($216,133.00)
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 FOLLOWS:
1. Subdlvider agrees to comply with all
of the tentatlve map resolution; to do and perform
and performed, at its own expense, without OO'Jt Le.
workmanlike manner, under the dlrection and to the
of the requirements
01 cause to be done
City, in a good and
satisfaction and
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127/1/
approval of the Director of Public Works, all of the public improvement
and/or land development work required to be done in and adjoining said
SUbdivision; and wdl furnish the necessary materials therefor, all in
strict conformity and in accordance with the plans and specifications,
whlch documents have heretofore been filed in the Office of the Director
of Public Works and by ~his reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be ins~alled 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 installed.
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 or structures ready for
occupancy in said subdivision prior to the issuance of any certificate
of clearance for utility connections for said buildings or structures
in said subdivlsion, 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; 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, 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 agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of 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 agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of ONE THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($1,500.00)
to secure the installation of monuments, 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 agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
public improvements withln sald subdivislon 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 certification by the Director of Finance that all costs hereof
are fully paid, the whOLe amount, or any part '-hE"cecf noe required for
payment thereof, may be r. '" ]'3ased to Subdi vlder or 1 ts successors in
interest, pursuant ta the terms of the improvement security.
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5T A TE OF CA. LIFORNIA}
COUNTY OF~. San Diego. 55.
On JS::lnll~ry 22,--19~, before me, the undersigned,
a >Notary Public in and for said County and State, personally
appeared _ Ted P. Odmark__ known to me to
be the__President, and __, known
to me to be the ____Secretary of
The Odmark Company .
- "_.___ , 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
Ra!lcho Rios Developers the
partnership that executed the within instru"ment, and a(-:-knowl~dged
to me that such corporation executed the same as such partner
and tharUCh pa<tnmh,p executed tile ,"me.
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_-'-la!!ay tt. Eruger I
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
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A ,. >~> (",1\. L ,'. (
, ""1""". JANAY E KRl'(;Ce '
( ~""~ - . ~ NOTARY PU811C.-CAlIF\.\~~'\lIA
<~ :f. SAN DIEGO COUrny
i~~~~~~=~~g 4,1975
3910 Chapman St., Sta. 8, San Diego. CA. 92110
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any department,
board or officer thereof, be liable for any portion of the costs and
expenses of the work aforesaid, nor shall any officer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the LLmi t.S established by
the approved improvement security in accordance with the requirements
of the State Subdivision 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, inspection, materials
furnished and other incidental expenses) incurred by City in connection
with the approval of the improvement plans and installation of public
improvements hereinabove provided for, and the cost of street signs and
street trees as required by City and approved by the Director of Public
Works shall be paid by SUbdivider, and 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 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 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, 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 this agreement; provided,
however, that the approved improvement security shall not be required
to cover the provisions of this paragraph. Said indemnification and
agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a con-
sequence of the diversion of waters in the construction and maintenance
of drainage systems and shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall City, by said
approval, be an insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans.
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 year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER:
ELOPERSh A Lmtd.
Partners ip
Company, A Calif. Corr
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Mayor ~ the City of Chula Vis
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ATTES'l'><:7.t /';< [,:/); ~ A-l-td 4--t
. Clty Clerk .
Approved as tl~
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City Attorney ~
Attach Notary Acknowledgment here.
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LIST OF EXHIBITS
Exhibit "A"
Estimate of Cost of Monuments
Exhibit liB"
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"
Improvement Security - Monuments:
Form: Bond
Amount: $1,500.00
Securities approved as to form and amount by
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Improvement Completion Date: One year from date of Council Resolution
approving Subdivision Improvement Agreement
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[-,,,,-,-., ENGINEERING CQ"PANY , rLINNINGeO"S"l"NTS
o.n.6..l....:.h_. rit! AND CIVil lNGINHRS
5620 FRIARS ROAD . SAN DIEGO CALIFORNIA 92110
TELEPHONE AREA CODE 714 291-0707
January 9,1974
City of Chul3 Vista
City Administration BuHding
4th and "F" Streets
Chula Vista, California
Attention:
Mr. Bill Magill
Reference:
Rancho Rios Unit No.6
Gentlemen:
In compliance with the amendment to Sections 11566 and
11592 of the State Business ant! Professional Code requiring
the Subdivider to furnish to the City a bond to guarantee
payment of cost of setting final monuments, and your
requirements for the surveyor or engineer signing the
subdivision map to furnish an estimate of cost for setting
said monuments, I hereby estimate the cost for setting the
final monuments on subject subdivision to be $1,500.00.
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STATE OF CALIFORNIA
COUNTY OF San 0 i ego
On January 16. ,19.z1i, before me, Linda C. Blakley
a Notar,y Public in and for the said County and State, personally appeared
J. T. Wa rnoc;:k known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of Fireman I 5 Fund Insurance Comoany
and acknowledged to me that_he subscribed the name of
Fireman's Fund Insurance Company thereto as
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COUNTY OF_ San Diego_~__~
OIL J?)1U~1;"y 18,_1~.z1____, Lefore me, the undersigned.
a i'lotary Publir~ in -and for said County and State, personally
appeared ___Ie,!)'. Odm~__. known to me to
he the_____.J'resident, and . known
to me to he the._ Secretary of
_:'~_Ip'~04mark Company , the corporation that
executed the within instrument and known to me to he the persons
who exc('llted the within instrument on behalf of said corporation,
said corporation being known to me to be one of the partners of
-~- RanclliLRioRDe'leloperB , ,he
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that su partnership execut,ed the sje.
f 'Ii:, L( ,:( '(
JanaY-1':~_KD!ger
~allle (Typed or Printed)
Notary Puhlic in and for said County and Stale
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Acknowledgment - Attorney in Fact
l55.
principal_ and h ~ own name as Attorney.in-Fact.
IN.WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
certifIcate hrst above wntten.
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Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
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OFFICIAL SEAL
JANAY E. KRUGER
NOTARY PUBLIC-CALIFoRNIA
SAN DIEGO COUNTY
My Commission Expires Aug. 4,1975
-.'::"~='.;""0'''''~::''.''",
Chapnlan S1.. Ste. 8, San [)jego, CA. 92110
Notary Seal
OffiCIAL SEAL
LINDA C, BLAKLEY
NOTAU PU3l1C. CALIFORNIA
Pjj:!t>lCPAt OrnCE IN
Expires Oct. 9, 1976
Bond No. 730 46 39
BOND FOR FAITHFUL PERFOEHl\NCE
Rancho Rios Developers,
KNO\'J ALL t.1E~1 BY THESE PEESENTS, That 1/"'e (a 1 imited partnership)
Principal, and Fireman's Fund Insurance 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/100n-------------n--nDOLLARS ($ 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, 19-13, 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 Rancho Rios Unit #6 , \vhich
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, THEREFCRE, 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 Improvements to Rancho Rlos UnIt #6
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 addition to the terms of the
contract or to the work to be performed thereunder, or the specifications
accompanying the same, shall in any wise affect its obligations on this
bone', 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 \'lork
?f~n~d', ~~~le~P~,{jbkfe'attRfss. 16th day of January 19~.
Rancho Rios Develo ers, (a 1 imited tnership) Fireman's Fund Insurance Company
By:
By:
oration
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a rnoc, 0 n
West A Street Suite 1650
Diego, CalIfornia 92101
Surety
Ted P.
Contractor
APPf:OV-cD AS TO FORt'!:
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C{ty ^ttorney
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AND WHEN RECORDED MAIL TO
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GENERAL POWER OF ATTORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND lNSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State 01 California, and having its principal ollice in the City and County 01 San Francisco, in said State, has made,
constituted and appointed, and does by these presents make, constitute and appoint
J. T. WARNOCK AND LINDA C. BLAKLEY
jointly or severally
its true and lawful Allorney(s)-in-Fact, with lull power and authority hereby conlerred in its name, place and stead, to execute, seaL
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal 01 the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Atlorney(s)-in-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII Section 30 and 31 of By-lows of fiREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in f~ll force and effect.
Article VIII. .t1l1/UilltuH'1l1 and .\uthIH'ily of Hl.,!irkllt ,\....i..lallf Srrrr!ari('R. Ulld Ittonl"!I_ill_f'art Ulld .ll/l'lIts to acrcpt Lcgal ProCCIlR and Make
Appearancu.
5ec\lOn 30_ .\iJjmintmnd, The Chmrman of the Board 01 Directors, the PresldenL any VI(::e-Presldenl or any olher person authorized by the Board
01 Directors, the Chairman of lhe Soard 01 Directors, the Pr,-sld"nl or any Vice-Prtsldenl may, from llOW 10 limp. appoint Resident Assistant Secretaries and
Attorneys-lO-Faet to repr",sem and act for ond on behalf of the CorporatIOn and Aqenls to aee",]:;t ieqal pro<::e,:c; and mak", appearaneE.S lor and on behalf of
the Corporallon
5",<::llon 31, .IlIthot'i/!I. The Authontv 01 suer. R",sldtnt ASSistant S",erelorILs, A\torneys-m-raet and Aqtn~s shall be: as prtsenbed In lhe lnstrument
eVldf,nemq ,}:elr apPOintment, and any Sl.:CI: OpOOlnlment and ail a1J!r.onty '--Irant",d thcor0by may b} rc:v:Jked at any time by tt;e Board of Dneclors or
by any j:;erson empowered :0 make Sl;C:I: aplJOmtmEonl
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board 01 Directors
0/ FIREMAN'S FUND INSURANCE COMPANY at a meetirlg duly called and held orl the 15th day of July, 1966, and that said Resolution
has not been amended or repealed
'RESOLVED, that the signature of any Vice-President. Assistant Se::retary and Resident k;sislant Secretary 0/ this Coq::oration, and
the seal 01 this Corporation may be afhxed or printed on any pow.o:>r of attorney, on any revocatiorl of any power of attorney. or on
any certdicate relating thereto, by faCSimile, and any power 0/ attorney, any revocatior. of any power of attorney, or certificate bear~ng
such lacslmile signature or facsimile seal shall be valid and binding upon the Corporatic:'.'
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this 318 t day of Oc tober 19----I3-
By
~~:;:l!Z~~NY
JAMES H. WELLS, Vice-President
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} 55
On this_ 11$~.day oL __ O.ct9Qer 19___Jl_. before me personally came fames H. WeBs, to me known, who,
being by me duly sworn, did depose and say that he is Vice~President 01 FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so altixed by order of the Board of Directors of said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ollicial seal, the day and year herein first above written.
,..III1.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII...ICII
5@"H.GRADYNEWBERRY!!
i NOTARY PUBLIC - CALlFORtlIA i
= CIlY & COUNtY Of SAN FRANCISCO =
i My ConunisIion ExPirn Sept. 28. 1976 i
;......U...II..II....................III..IIII......I...
2f(~
Notary Public
CERTIFICATE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} 55
L the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIfY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore
that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution 01 the Board of Director.. set forth in the
Power 01 A tlorney, are now in lorce
Signed and sealed at the City and County of San Francisco. Dated the 16thday of
January
, I9---1!L.
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360545 (HO)-FF-1-73
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STATE OF CALlFOItNIA }
COIINT)' OL __SaILDie~o 55.
On -- JanlIary_l?_,_19~_, Lefore me, the undersigned,
a Notary Puhlic in and for said County and State, personally
appeared __ _---.I~_d P. 9dma~k , known to me to
he the____ _.__President, and , known
to Ille to be thc___~---;--_____~Secretary of
__._The Odmark_Company__, the corporation that
('x('cllt\'d the wlthlll .1I1~.lrl1:nent aod known to me to he the persons
wl~o I'XI'(>uIPd. 111(' ~'Itblll Instrllment on l)('hal[ of said corporation,
sHllj ~orl':'rR~~~hQ){ki~__~_r))~Y~l~p~~~~le ~__~_~_I=,1:r5 tl~(~
pllrtrll't"slllp tllaL I'X('('lIlr~d ~I](' within instrument, und llckllowlcdged
(0 IlW that su('h cnrpo.l"utlOll executed the same as such partll~r
and tI,ut "1 1',,,"o,,,,h,1' ;xc""t'~t7m".
_~j~~" ,/,\"(0;.<"'(
_'-~ Janay E. Kruger . /
Name (Typed or Printed)
Notary Public in and for said County and State
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Acknowledgment - Attorney in Fact
~ 55
FOR NOTARY SEAL.. OR STAMP
-,..!...
'. ,~.'.o,,,, OFFICIAL SEAL
',,:;;';;;" '. JANAY E. KRUGER
. "<_~-'-'_ . .. NOTARY PUBLIC-CALIFORNIA
. \',' SAN DIEGO COUNTY
~?!.;r _ ~ My Gommission Expires Aug. 4,1975
"'-- .~. -
..... - -...... 'v=
.:S'::.L Chapman St.. Ste. S. San Diego. CA. 92110
STATE OF CALIFORNIA
COUNTY OF Sa n Diego
On January 16, ,19.l!!., before me, Linda C. Blakley
a NotarJ' Public in and for the said County and State, personally appeared
. T. War:-nock known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of Fireman I s Fund I nsuranee Comoany
and acknowledged to me that he subscribed the name of
Fireman's Fund Insurance Company - thereto as
principal~ and h~own name as Attorney-in-Fact.
STATE OF CALIFORNIA
COUNTY OF Sa n Diego
O January 16, 19 74b f Linda C. Blakley
n _ _ , _, eoreme,
a Notarr Public in and for the said County and State, personally appeared
J. . Wa rnock known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of Fireman I s Fund I nsu ranee Company
and acknowledged to me that he subscribed the name of
Fireman I s Fund I nsurance Company - thereto as
principal~ and h~own name as AttorneY-in-F~ct.
IN.WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
cert\fiCa~rst a~ove written. ~__
- . " Cc ~2(L(l t(<
M-7
Notary Public in and for said County and State
Acknowledgment - Attorney in Fact
~ 55.
(
IN-WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
ce. rtificate.f.lrst abov. e written. -:at.
.zr -',.
~/. P}?{~ (I.. ~(f~:'j
Notary Public in and for said County and State
-_.//
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Notary Seal
OFFICIAL SEAL
LINDA C. BLAKLEY
NOTA~Y punuc - CALIFORNIA
~,'t< J ;J:; PRINC:PAt otT!ct IN
(' ;$-':::'. SAN 01 EGO COUt..JTY J
My Commissio~n. ~xp.ir~: .D.ct. _~I 1976
Notary Seal
OFFICIAL SEAL
LINDA C. BLAKLEY
NOTA'lY W2UC - Co\lIFORN1A
Bond No. 730 46 39
BOND FOR HATERIAL lU'W LABOR
Rancho Rios Developers,
KNOI'! ALL HEN BY THESE PRESEllTS, That I/I'7e (a limited partnership)
the contractor in the contract hereto annexed, as Principal, and
Fireman's Fund Insurance Company
, as Surety, are held
and firmly bound unto the CI'l'Y OF CIlULA VISTA, a municipal corporation,
located in San Diego County, California, in the sum of
Eighty Thousand and no/100------00LLARS
($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
January 16, 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 perfornance of the work contracted to be done by
said contractor, namely, to furnish all tools, equipment, apparatus,
faoilities, 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:
Improvements to Rancho Rios Unit #6
in strict conformance with the terms and conditions set forth in the con-
tract hereto annexed, or for any work or labor done thereon of any l:ind,
said Surety will pay the same in an amount not exceeding the sun herein-
above set forth and also, in case suit is brought u~on 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 JI,ct to Secure
the Payment of the Claims of Persons Employed by Contractors upon Public
Works, and the Claims of Persons who Furnished Materials, Supplies,
Teams, Implements or Nachinery Used or Consumed by such Contractors, in
the Performance of Such Horks, and prescribinnthe Dutie,c; of Certain
Public Officers "~lith Respect Thereto," approved l1ay 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
contract or to the work to be performed thereunder, or the specifications
accompanying the same, shall in any wise affect its obligations on this
bonc-, and it does hereby wai ve notice of any such changes, extension of
tirr.e, alteration or addition to the terms of the contract or to the work
or to the specifications.
By: The Odrnark
By:
ership)
{/; tll-'
arnoc, ttorney~Tn-fact
West A Street Suite 1650
Diego, California 92101
Surety
By:
.
Ted P. Odrnark, President
Cont:ractor
APPROVED AS TO FORl1:
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'Jt71 8' /
AND WHEN RECORDED MAIL TO
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GENERAL POWER OF ATTORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a CorporaIion duly organized and exisIing
under the laws of the State of California, and having its principal oflice in the City and County of San Francisco, in said Slate, has made,
constituted and appointed, and does by these presents make, constitute and appoint
J. T. WARNOCK AND LINDA C. BLAKLEY
jointly or severally
i.ts true and lawful Atlorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal 01 the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said AUorney(s)-in-
Fact may do in the pr~mises.
This power 01 attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in full force and eUeel
Arllcle Vll!, .1PJlvintm"'lt alld .1l.llhoril'l vf [ll!l!idnll .\RRiRlaut Srrrrtaril'R. Ilud .lttnnH"I-in-Farl and \!I('llt.~ to auept Legal PrnC('lI<~ and Make
.4.ppea1'ance'.
Section 30 .I,'point"",,,,. Th~, Chairman 01 the Board 01 Dlreclors, the Presldent, ony Vlce-President or ony otr.er person aUlhNlz",d by the Boord
of Dueclors, Ihe Chairman of the Board of Diroctors, the Pr<"sldent or an,! Vlce-Pr&sident, mo',. from time to timp, OppolOt Resident Assistanl Secretaries and
Altorneys-m.Fact 10 rep~esent and acl for and on behalf ol H,e CorporatIOn and Aqents to ace,," pi leQal pco(;ess and make a~pearanC(.s lor and on be halt 01
the Corporation
S"ct:on 31 .lllt/writll. ThE Authonly of such R8S1deent ASSIstant Secretar:f,s, Al1orneys-in-Facl and Aqtnts shall be as prescribed ln the instrument
l'v:denclOq Ir.eH appomtmenl, ,.nd any ",\;r;,' appomtm"nt and all aUlhonly 'Jranted ll:d,~b,! may bf' ,evokt"d a~ any 11m.. by the Boord of Dir<:,clors or
by any f:'trson empower(,d '0 maj(e SL.:U\ appomlm.:..nt
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
of FIREMAN'S FUND INSURANCE COMPANY ot a meeting duly called and held Oll the 15th day of July, 1966, and that said Resolution
has not been amended or repealed:
"RESOLVED, that the slgnaturc of any Vice-President, Assistant Secretary and Resiclent Asststant Secretary of this Corporation, and
the seal of this Corporation may be affixed or printed on any pow~r of attorney on any rev:;::cotion of any power of attorney, or on
emy certific:J.te relating thereto by facsimllc, and any power of attorney, any revocation 01 any power of attorney, or certificate bearing
such facsimile signature or facstmile seal shall be valid and birlding upon the Corporation ..
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be slgned by its Vice-President,
and its corporate seal to be hereunto afftxed this 318 t day of
October
19....23....-
By
~~:;:I?!~~NY
TAMES H. WELLS, Vice-President
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} S5
On this_ .).l$~_day oL O~_t_ober _____, 19" .7.1_, before me personally came James H. Wells, to me known, who,
being by me duly sworn, did depose and say" that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of SOld Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so alii xed by order of the Board of Directors of said Corporation ar-d thai he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oUicial seal, the day and year herein first above written,
1"1111111111.............................118.....11..111111
5 @ H. GRADY NEWBERRY !!
i " NOTARY PUBLIC - CALlFORtllA i
= CItY & COUNTY Of SAN FRANCISCO :
I My ConwniNion Expires Sept. 28. 191& 5
...IIIII....IIII.II.IUH...U...III......IIII......II..
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........-............_.- .... ....-........-..........-....-...............
Notary Public
CERTInCA TE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} 5S
L the undersigned Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore
that Article VIII, Sections 30 a'1d 31 of the By-laws of the Corporation, and the Resolution of the Board of Director.. set forth in the
Power of Attorney, are now in force
Signed and sealed at the City and County of San Francisco. Dated the 16th day of
January
74
,19_,
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...--.-.--........-..-.......... Wi.NiFRED..~iC.BR(5WNE:-A~-;.i~.i~-;t-S~~~.i;;.~y-._._.._--"-'-'-
------.
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360545 (HOI-FF-1.73
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STATE OF CALlFOHNIA }
COUNTY OL~.SaILDie~o ___ 55,
On_____J~_~~~ry,_.~~_l?~_, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared _T~d P. Odmark , known to me to
be the _ _~__President, and , known
to me to be the______~_.~ _ ~Secretary of
_. .~___The_Odmark...compa~-, the corporation that
pxecllh,d tlw within instrulllent and known to me to he tlte persons
who cxccu!pd the within instrument on Iwhnlf of said corporation,
said corporalioll I){'jnp: known -to me to be one of the partners of
_ " Ran.cho._Ri,o_s.Pevelopers , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
Hnd thilj'h p.nne"lnp executed 'he/ame., . '
, ", Lt" L I ,C, :illi...L'l "_
__ Ja~al' E. Kruger
Name (Typed or Printed)
Notary Public in and for said County and State
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FOR NOTARY SEAL OR STAMP
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OFFICIAL SEAL
JANAY E, KRUGER
NOTARY PUBlIC^CALlFORNIA
SAN DIEGO COUNTY
MyCommission ExpiresAug. 4, 1975
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391') Chapman St., Ste. 8, San Diego, CA. 92110
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Bond No. 730 46 40
SUJ\VEY }10NlIHENT INS'l'7\J,l.7\'l'ION nON I)
Rancho Rios Developers,
10\'1 7\L1, l-lEN ll,{ 'J'llr:SE PIU:SEN'j'i;, 'l'hut 1/1'10' (a 1 imited partnership)
: the subdivide,r <tnd Principal, ilnd thc Frreman's Fund Insurance Company
Corpol:Lltion of the StaLe of Cal ifornia
, as Surely, arc
,lel unc1 firmly bound unto tllC City of Chula Vista, a municipal corporatic'll,
I the County of San Die90, St.ate of California, and to and for the benefit.
any and all persons who may. suffer damage by reuson of the breach of
18 conditions hereof, in tlw penal sum of One Thousand Five Hundred and no/I 00
? 1,5'00.00
la\~ful money of the United States of 7\merica, to be paid
) the said City of Chula Vista.
lvHLm~7\S, the said Pr'incipal is presently engaged in subdividing
~rtain lands to be known as Rancho Rios Unit #6.
subdivision in the
lty of Chula Vista, in accordance with the Contract for Completion of
nprovements authorized by resolution
, and
v~IE]lE7\S, the said Principal desires not to set durable monuments
riorto the recordation of the final map of the subdivision and desires
::> get same at a later date,
NOW, Tr~llEFORE, the condition of the above obligation is that if the
rincipal shall have set durable monuments of the survey by
nqineering Co.
Engineer)
hieh is on file with the
, as per the final map of said subdivision,
Rick
(name of
a copy of
City Engineer of'the City of Chula Vista, refer-
nee to ,."hich said map is hereby made and same is incorporated herein as
hough here set forth in full, and according to the ordinances of the
ity of Chula,Vista in force and effect at the time of giving of this bond,
n qr before the expiration of thirty (30) consecutive days following
ornpletlon and acceptance of public improvements within said subdivision,
hen the obligation shall be void, otherwise to remain in fuil force and
ffeet.
IN lVITNESS l';IlEREOF, the said Principal and Surety have hereunto set
j.
January
Rancho
By:
.
heir hands, this 16thdayof
,,'PROVED ;\5 TO FOrm:
.j
Company
partnersh i p)
rirlc~~l?_al ;
rk, President
(Suretv)
/
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rney-in-Fact
:i ty :-jl.!. t.o l'lley
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AND WHEN RECORDED MAIL TO
I
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GENERAL POWER OF ATTORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND lNSURANCE COMPANY, a Corporation duly organized and existing
under the laws 01 the Slale 01 California. and having its principal office in the City and County of San Francisco, in said State. has made,
constituted and appointed, and does by these presents make, constitute and appoint
J. T. WARNOCK AND LINDA C. BLAKLEY
jointly or severally
its true and lawful Atlorney(sHn-Fact. with lull power and authority hereby conferred in its name, place and stead, to execute, seal.
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereof
and to bind the Corporation thereby as lully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(sHn-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in full force and effect
Anicle VlII. .tlJJwintU"'lIt alld .lll/hor;t'l vi R{"HidO'llt .1.'lHistalll Srcrrtari"R. ""d .tlt()r"n,-in.f'arl lllld .11I"ntH to accept LeiJal l'rocrsH and Make
Appearancu.
SectIon 30, .11'I',,;nlll"'"'' The Chairman of the Board of Directors, the PresIdent. any VIce-President or any o\r.er person authorized by the Board
of Dnec\ors, the Chairman of Ihe Board 01 Directors, th,. President or any Vi"e.Presldent, may from time to 111n'" app01l1\ Reslden! Asslslan! Secretaries and
Attorneys-m.ract to represenl and ac:t lor and on bf.half of tf", Corporation and Agents to acc"pl 1eq:J:] voceS5 and make appearanc"-s tor and on behalf 01
the Corporallon
Secllon 31 .tllllwn/.!. Th", A\lthcnty 01 such R"'Sldf;n~ ASSIstant Sf<cretarl'os, Attorneys-m-rae!, and AgE,nts sLall be as prescribed Il1 the instrument
f'VldE_ncmq their appOintment, r.md any Sll'::i: (Jppomtment and all autr:ontv '~rankd ti:"Feb., may be :evClked :J:~ any ',1m" by tbe Board of Directors or
by any person empow",r",d to make SI:::11 appomtmcnt
This power of aHorney is signed and sealed under and by the authoflly of the following Resolution adopted by the Boord of Directors
of FIREMAN'S FUND INSURANCE COMPANY at a meet 109 duly cGlled and held on the 15th day of July, 1966, and that said Resolution
hGS not been amended or re~ea1ed
RESOLVED, that the signature 01 any Vice-President, Assistant Secretary and Resident ASSIstant Secretary of this Cor~oration, and
the seal o! this Corporation may be aflixed or printed on any pow.)r of attorney, on any revocation at any power of attorney, or on
any certificate relGtlng thereto, by l::tcsimde, and any power 01 attorney, any revoca!ion of any power of atlorr.ey or certificate beari,.g
such facsimile signature or faCSImile seal shall be VGlid and bi:o.ding upon the Corporation"
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these J2resents to be signed by its Vice-President,
and its corporate seal to be hereunto afhxed this 318 t day of
October
19--1.'L.
By
~~:;:Z~;;;:NY
JAMES H. WELLS, Vice-Prelident
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
On this ll$_~_day of __.Oc.t.9D..er .~__. ., 19_nJ.l_, before me personally came James H. Wells, to me known, who,
being by me duly sworn. did depose and say that he is Vice-President of FIREMAN'S fUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and ailixed my official seal, the day and year herein first above written.
ri-J;f~~~'l 2f/~~".;,.; ....-.-
! My Commission E..... SopL 28, 1976 ! r...m/H
i.....IIIII.IIIIIII.IIIHHlIHIII.....nlllll..I.....I..i CERTInCATE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} 55
the undersigned ASSIstant Secretary 01 FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the lore going and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore
that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directorj. set forth in the
Power of Allorney, ore now in force
Signed and sealed at the City and County of San Francisco, Dated the 16thday of
January
, I gJ!!.....
LU-';"'A ~ D. r?..u\L +t-. ~R.0U-~
..-.---..-....-.--~.:=:Q-NI-FREi)".-H:.--BROWNE~.Assi~t~i-s;;;~~.i;;~-y-._.-..---
,.---------
. {) 1/J/
. {/
360545 (HO)-FF-1~73