HomeMy WebLinkAboutReso 1974-7182
Form No. 352
Rev. 11-67
RESOLUTION NO. 7182
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
RANCHO RIOS SUBDIVISION, UNIT. NO.7
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 74, for the completion
of improvements in that certain subdivision known as
RANCHO RIOS, UNIT No.7
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.
PZ~
Lane F. Cole, Director of
Public Works
ADOPTED AND APPROVED
VISTA, CALIFORNIA, thi~ 14th
following vote, to-wit:
Approved as to form by
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George W;'> Lindberg,
by the CITY COUNCIL of the CITY OF CHULA
, day of February , 19~, by the
AYES:
Councilmen
Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
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ATTEST/'/t Jt,.JLL0 /}) J>>L taa--j'
L// Ci ty Clerk ,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
Mayor of the 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amended or repealed.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~, by and between THE CITY OF CHULA VISTA, a
municipal corporation, here1nafter called "City", and RANCHO RIOS
DEVELOPERS, 3910 Chapman Street, Suite B, San Diego, California 92110,
hereinafter called "SubdIvider";
WIT N E SSE T H .
WHEREAS, Subdivider 1S about to present to the City Council
of the City of Chula Vl.sta for approval and recordation, a final sub-
division map of a proposed subdivision, to be known as RANCHO RIOS,
UNIT No. 7 pursuant to the provisions of
the Subdivision Map Act of the 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 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 f1nal 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 recordation of said map by the Councll, to enter into this
agreement wherein it is provided that Subdivider will install and com-
plete, at Subdivider's own expense, all the publ1c improvement work
required by C1 ty in connection with t.he proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney,
and
WHEREAS, a tentative map of said subdivis10n has heretofore
been approved, subJect to certain requirements and conditions, as con-
tained in Resolution No. 6592 , approved on the 5th day of September
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. 73-195D through 73-200D , 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-
mitted and approved by the City, in the amount of TWO HUNDRED FIVE THOUSAND
EIGHT HUNDRED SEVENTY-ONE DOLLARS AND NO CENTS ($205,871.00), 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 FOLLOWS:
1. Subd1vider agrees to comply with all
of the tentat1ve map resolution; to do and perform
and performed, at its own expense, without C05t to
workmanlike manner, under the dl.rection and to the
of the requirements
or cause to be done
City, in a good and
satisfaction and
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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 will furni.sh 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 this reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the 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 or struotures 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 certifioate 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 SEVENTY-FIVE THOUSAND
DOLLARS AND NO CENTS ($75,000.00),
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 SEVENTY-FIVE THOUSAND
DOLLARS AND NO CENTS ($75,000.00,
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 Coo 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 SIX HUNDRED
FIFTY DOLLARS AND NO CENTS ($1,650.00)
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 wi Hun said subdivislon in accordance wi th 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
ar'e ful.Ly paid, the fwlloJe amount, or any part thE:>~:>20t not required for
payment thereof, may be ('?leased to Subdivlder or ~ts successors in
interest, pursuant to the terms of the impr()v(~ment 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 portion of the costs and
expenses of the work aforesaid, nor shall any officer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the limits established by
the approved improvement security in accordance with the requirements
of the State Subdivision Map Act and the provisions of Chapter 28 of
the Chula Vista City Code.
11. It is further understood and agreed by Subdivlder 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 t.he 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 acts 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, liabllity 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 subdivlsion and the public
improvements as provided herein, to adJacent property owners as a con-
sequence of the diversion of waters In the constructlon 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 SUBDIVIDE
7// Qi~.. /.' . () Partnership
---dVW'>v4Y.J ^ U-
Mayor oJ:; the City of Chula Vist ed P. Odmark. President
ATTES'r:~?lM~.e/ 1JJ~Ldj/
/i Ci ty Clerk
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Ci ty Attorney G/ _ 3 _ ?f('7/!?d.-
EVELOPERS, A Ltd.
A Calif. Corp.
LIST OF EXHIBITS
Exhibit "A"
Estimate of Cost of Monuments
Exhibit "B"
Improvement Securlty - Faithful Performance:
Form:
Bond
Amount:
$75,000.00
Exhibit "c"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$75,000.00
Exhibit "D"
Improvement Security - Monuments:
Form:
Bond
Amount:
$1,650.00
Securities qpproved as to. form and amount by
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1-1/ /:; ./ / "--___-v 4/; -G/ y
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City Attorney
Improvement Completion Date:
One year from date of Council Resolution
approving Subdivision Improvement Agreement.
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S I",Y.I'I<: OF LALlFOIC\;I:\ } .
COU:';TY 01; San Dlego SS.
Un_ J<:l_nllary-.2Z.JI: _127.1_____. before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared ----.Ied P. Odmark , known to me to
be thc__n_President, and , known
to me to be thc______ ~Sccretary of
_______,Tb~_QqPl~~~_Cill1}Pfl}}:Y__. the corporation that
cxccut<>d tlw within instrument and known to me to be the persuns
who cxc(~!lt(:d the within instrlllnCllt on lH'half of said corporation,
~aid corporation lwillj! known to me to he one of the partners of
. Rancho Rios Developers . the
I)artll('r.~llip that excl'uted the wlthlll IllstnunC'lt, and acknowledp:cd
to me that such corporation executed the same as such partner
and that SUc!l partnership executed. the sa7'
kt ,U;cc_.l f:. "f\',l \ (-r "
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l:iIlayE-,-I<ruger ..
Nam(' (Typed or Printed)
Notnry Public ill and for said County and State
FOR NOTARY SEAL. OR STAMP
OFFIC~' L Sr:AL
JANAY E. KRUGER
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
MyCommission ExpiresAug. 4.1975
,):710 Chapman St., Sti. 8, San Diego, CA. 92110
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5620 FRIARS ROAD . SAN DIEGO. CALIFORNIA 92110
TELEPHONE AREA CODE 714 291-0707
ENGINEERING COMPANY I ~'N'~~',~~m~~wm
January 9, 1974
City of Chula Vista
City Administration Building
4th and "F" Streets
Chula Vista, California
Attention:
Mr. Bill Magill
Reference:
Rancho Rios Unit No. 7
Gentlemen:
In compliance with the amendment to Sections 1i566 and
11592 of the State Business and- 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 ,650.00.
Sincerely,
WBR:kg
.
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Acknowledgment - Attorney in Fact
~ 55.
STATE OF CALIFORNIA
COUNTY OF San Diego
J 16 ..,/, Linda C. Blakley
On anuary . ,19-,-,,-, before me, -
a Notary Public in and for the said County and State, personally appeared
J. T. 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 5 Fund I nSll.rance CompAny
and acknowledged to me that_ he subscribed the name of
F i reman I 5 Fund I nsurance Company thereto as
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
certifIC*1~~:love("~e3t(J ({ t
Notary Seal
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My COl.:r:1~~?;:'n r. :;:<r:;;:;
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Notary Public in and for said County and State
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COUNTY of__San_Diego 55.
On______J~IlU~);}T_l_B,_197't_, before me, the undersigned,
a Notary Public in 'and for ~aid County and State, personally
appeared ~.Ted P. Odmark , known to me to
he the. ______Presidcnt, and_________ ,known
to me to be the_.._------.----Seeretary of
'__The O..9!!1:~rk Company , the corporation that
~xecutr,d 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 he one of the partners of
___ Rancho-RiOELDevelopers , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that ..such partnership execut.~d ~h//me.
_~(.-jh((L;t ,
, Janay E'. Kruger ' )
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
JANAY E KRUGER
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
.... MyCommission ExpiresAug. 4, 1975
"~~"':~<:'=-~~
}.; ,'J C.'lapmi:Jn Sl.. Ste. S, San Diego, CA. '92110
Bond No. 730 46 42
BOND FOR FAITE::'CL PERFOPllANCE
K'.'N.' i\LI ""'" ~" TI1>='S>=' pn"s~'''"S Th ' 1/1')
'-~U.. i J .L'.u....d.::.~ ...>,..i...... r\..J..J ::"~'ll, a't .e
Rancho Rios Developers,
(a 1 imited partnership)
Principal I 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 Seventy- Five Thou sa nd and noll OO---------------DOLLARS
($ 75,000.00
) ,
la'dful money of the Uni tee. States, for the payment of "hich sum, 1;Jell 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
princica:(sl has-have entered into or is-are about to enter into the
annexed contract "lith the City of Chula Vista, pur 'J.ant to the authority
of an act of the legislature of the State of Calif ~nia, approved F?ril
13, 19.13, kno',1n as the "Subdivision t!ap Act" (Chapt2r 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 #7 , ",hich
improvement plans are on file in the office of the city Engineer of the
City of Chula Vista, and the payment therefor by Principal (sl and; ,'lhereas
the Principal(s) is-are required by said City to give this bond in con-
nection with the execution of said contract;
NON, THEREFORE, if said Principal, as Contractor in the contract
hereto annexed, shall faithfully perform each and all of the conoi:::ions
of said contract to be performed by him, and shall furnish all tools,
equipment, apparatus, facilities, transportation, labor, and ma~erials,
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 I mprovements to Rancho R i os Un it #7
in strict conformity with the terms and conditions set fort~ in the con-
tract hereto annexed, and shall payor cause to be paid, all persons who
pe.rform labor for, or furnish material;:; 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, ;K,reby 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
accoTI\;:>anying the same, shall in any \oIise affect its obligations on this
b:mc' , and =-t coes hereby \oIaive notice of any such change, extension of
~l2e, alte=a~lon or addition to the terms of the contract or to the work
or ~':J tr.e s;:acifications. Signed, Sealed and Dated this l6thday of January ,1974'.
Rancho
By:
By:
partnersh i p)
Corporation
Fireman's Fund Insurance Company
Ted P. Odrnark,President
orneY-ln- ac
Cont::::-actor
Surety
AI>':? f:CVI:D AS TO FORr,~:
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$i ty l,ttorney V
P~':-E-]t1
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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: Thai FIREMAN'S fUND INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State of 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 lawlul Attorney(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 lully 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 Secretcny hereby ratifying and conlirming all that the said Attorney{s}-in-
Fact may de in the premises,
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-Jaws of FJREMAN"S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in full force and effect.
Arllcle VIII, .lpJJoi'IlluIf'llt u'ld .Iuth",.it,! of U('Nid('l11 .IR.",Rta,,' Srrrd(lr;('R, <Iud ,lltoTJ"'will-"'art a"d ,I!I',,,t.~ to a.crept l.egul ProCf','R a.lld Make
Appear4t1cea.
SectlOn 30 .1"lminl""''''. The ChOlrman of 'he Board 01 Dlreclors, the Presldenl, any Vlc",-President or any oth'f person outhoflz<'!d by the Board
of Directors. the Cbairman of the Boord of Dlfeclors. ti-w Pre~ident or any Vice-President, may, from timp to tllne, appoint Resident Assistanl Secretaries and
Attorneys-in-Foci to represent and act for and on behalf 01 tlw CorporatlOn and Agents to accent leqCll process and make oppearoncE.S for and on behalf of
the Corporallon
Sf'Cllon 31 .lull"''''''I. Tl,e Aut\lCfllY of such R"'Slde,nt ASSIstant Secretarlf's Attorneys-In-racl and Aqt:ots sholl be as prescnbed in the instrument
eVldencinq their appOlntment, and any ~L:Cr' appomtment and all authanty qranted ti:t:r",b.,. may be revoked a' any '.lmp by th<'! Boord of DIrectors or
by any ~",[son empowered '0 malte Sl;cn appomtmenl
This power of attorney is signed and sealed under and by the authority 01 the following Resolution adopted by the Board of Directors
of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July, 1966, and that said Resolution
has not been amended or repealed
"RESOLVED, that the signature of any VICe-President. Assi,-ilant Sec:retary, and Resident Assistant Secretary of this Corporation, and
the seal of this Corporation may be afLxed or printed on any POW''!T of allorney, or, any revocation of any power of attorney, or on
any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power oj attorney, or certificate bearing
such facsimile signature or jacsimile seal shall be valid and binding upon the Corporation"
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President,
and ils corporate seal to be hereunto affixed this 318 t day of
Octobp-r
19---I3-
By
FI~'S FUN7::JJ.E COMPANY
~~dmmmmm~'
lAMES H. WELLS. Vice-President
ST ATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
} 55
On this.. 3_1$j:__day 01. __O.ct9he.r 19__]3-_, before me personally come fames H. Wells, to me known. who.
being by me duly sworn, did depose and soy 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 ar.d that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
!III.IIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIICI"
:; @ H. GRADY NEWBERRY ~
i NOTARY PUBLIC - CALlFORWA i
= CITY & COUNTY OF SAN FRANCISCO =
i Mv' Comft'lislion Expires Se9t. 28. 191ft I
iIlIIIIIlIIIIIIIIlIlIUUHIIIIII"llIllIllllllllIllllllIi
l!L~m
T..m..m..../H
Nolary Publ1c
CERTInCA TE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
I the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and all ached 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 01 the Corporation, and the Resolution of the Board 0/ 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 01
January
74
.19_.
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STATE OF CALIFORNIA
COUNTY OF Sa n 0 i ego
January 16, 19 74b f Linda C. Blakley
On _ _ . _, e ore me,
a Notary Public in and for the said County and State, personally appeared
J. T. Wa rryock 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~u ranee Comoany
and acknowledged to me that_he subscribed the name of
Fireman's Fund Insurance Coml'any thereto as
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COUNTY 0"- _ San Diego 55.
On_ Jap.u~ry_l,8 ,__.J2Z4_____, before me, the undersigned,
a Notary Pubjic in -awl for said County and State, personally
appeared ____Ted ~ Od~a_!'..k , known to me to
be the______President, and , known
to me to he thc--______Secretary of
~ThEl_Odrnark Company , the co'po,.,;oo that
executed the within instrument and known to me to be tbe persons
who executed the within instrument on h(~half of said corporation,
said corporation being known to me to be one of the partners of
- Rancho-Rios-De'leloperfl , ,he
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as sllch partner
and that Sll I partnership execut.ed the sape.
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]anay E. Krug~
Name (Typed or Printed)
Notary Public in and for said County and State
Acknowledgment - Attorney in Fact
lSS.
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
certific first above written.
-yrJ/,ia (":&(/lL:;
M-7
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFICI,',' ''-,f \ i
JANAY E
Notary Seal
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Bond No. 730 46 42
BOND FOR Er'\TERIl\L lIND LABOR
Rancho Rios Developers,
ENO\) IILL HEN BY :'~!2SE PHESEUTS, ThClt I/l'Ie (a 1 imi ted partnersh i p)
the contractor i~ t\c contract hereto annexed, as Principal, and
Fireman's Fund In5_-;~ce Cc~oany
, as Surety, a~e held
and firmly bound unto t:"l2 CI'l'Y OF ClIULlI VISTA, a municipal corporation,
located in San Diego County, California, in the sum of
Seventy-Five Thousand and no/lOO DOLLARS ($ 75.000.00
), la\'lful money of
the united States, for which payment, \'lell and truly to be I1'3.de, \1e 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 performance of the work contracted to be done by
said contractor, na~ely, to furnish all tools, equip~cnt, 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:
Improvements to Rancho Rios Unit #7
in strict conformance <::i th the terns and conditions set forth in the CQ!1-
tract hereto annexed, or for any work or 12bor done thereon of any kind,
said Surety \..rill pay the same in an amount r~ot exceedinq the SU:7'L herein-
abo~e set forth and a"so, ir case suit is brought u~on this bond, a
reasonable attorney fee to be fixed by the courts. T'is 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 or the Stat2 of California entitled "An l'.ct to Secure
the Pilyrnent of the Claims of Persons Employee by Contractors upon Public
~';orks I and the Claims of Persons '.....ho Furnished r.'tat.erials, Supplies,
T~2.ms, Implements or l'iachinery Used or ('onsul'11sd by such Co~tract_ors, in
the Perfor~ance of Such Works, and Prescribing the Duties of Certain
?ublic Officers \-lith Respect Thereto," approved Hay 10, 1919, as amenclec;
ano the,said Surety for valu2 received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
CCJEU>'lC"C or to the "lork to be performed thereunder, or the specifications
2.c'c.J:,;:xmyi"J' tho same, shall in any wise affect its obligations on this
bon~, a!1j it does hereby waive notice of any such changes, extension of
tij~o, alte::'-2.tioE or addition to the terr<1S of t.he contract or to the '-.fork
or to the specifications.
By: The Odrnark C
By:
rtnership)
orporation
Fireman's Fund Insurance Company
Rancho Rios
I
resi ent
ut\4~
Warnock, Attorney-in--fact
---.---~--------Con tr actor
Surely
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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 office 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 Attorney(s)-in-Fad, with full p8wer 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 of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s)-in-
Fad 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 lorce dnd efled
Article VIII, .11J]>uillt",,'ut aud .lufh""it!1 uf Rrsi,/'-nf _\.~..;"Ia"t SarctfJne.., '111d .lttorll"'I-ill-Far! alld .\(I('''t.~ to accept l.egal Proct'R~ and MfJke
Appearancu.
Sed ion 30 .llllwin!",,'>!t. The Chairman 01 the Boord 01 Directors, the Presldenl, any VlCe.President or any other person authOflzed by the Board
of Dnedors, Ihe Chairman 01 the Board 01 Directors, the Presld",nt or any VlCe-ProosJdent may, Irom time to time, appoint Resident Assistant Secretaries and
Attorneys-in-Fact 10 represent and a(~t lor and on behalf of thp CorporatIOn and Agents 10 ace",pt legal proce>;", and make appearanCES for and on behalf of
the Corporation
Sf-'cllon 31 .llllI",n/'!. The AuthOrity 01 R<osidc,nt ASSistant Secretafl(,S, Attorneys-In-ract, and Agents shall be a5 prescribed m the instrument
eVld"nclng their appointment, and any apoomlment and all aUlf.ority qran,,,,d therdlY may be revok"d at any tlmp by tr.e Board of Dlrpctors or
by any j::i';'rson empowered to moke sv II ap~Olnlmt-nl
Thls power 01 attorney is signed and sealed under and by the authority of the !ollowlng Resolution adopted by the Board of Directors
of FIREMAN'S FUND INSURANCE COMPANY at a meetlOg 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 Vlce-Presiden\. Assistant Secrelary, and ResIdent Assistant Secretary of Ihi~ Corporation, and
the seal of this Corporation may be atLxed or printed on any power of attorney, or. any revocalion ot any power of attorney, or on
any cert:ficate relating thereto, by !acsunile, and any power of attorney, any revocation of any power of attorr.ey. or certificate bearing
such facmnile signature or facsimlle seal shall be valld and binding upon the Corporation"
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 allixed this 31s t day of
October
19--13-
By
i::;:I?!~:NY
JAMES H. WELLS. Vice-President
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
On this 3.1$J:__.day 01. _O~_tobex: __ 19_33. _. belore me personally come 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; thai the seal alfixed to the said
instrument is such corporate seal; that it was so afhxed by order 01 the Board of Directors 01 said Corporation and that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seaL the day and year herein first above written.
!"IIIIIIIIIII.I..IIIIIIIIIIIIIIIIIIIIIIIBBIIIIIIIIIII.ICI'
5@_H.GRADYNEWBERRY!!
5 NOTARY PUBLIC - CAUFORtllA 5
= CRY & COUNTY Of SAN FRANCISCO :
i ' My ConuDisIion Expires Sept, 28. 1976 5
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Nota~y Publlc:
CERTIFICATE
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
I the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, 0 CALIfORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full lorce and has not been revoked; and furthermore
that Article VlII, Sections 30 al1d 31 of the By-laws 01 the Corporation, and the Resolution 01 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 16thday of JanUary
74
,19_.
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360545 (HO)-FF-l.73
Acknowledgment - Attorney in Fact
STATE OF CALIFORNIA l
COUNTY OF San 0 i ego i 55.
On January 16, ,19-1~before me, Linda C. Blakley
a NJotar"y Public in and for the said County and State, personally appeared '
. I. Warnock
kn~wn to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of F I reman I 5 Fund I n_?urance Comoanv
--F., re'man I s Fund and aCknowledged to me that_he subscribed the name of
Insurance Company
. thereto as
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 fi(st above written.
{I'
Notary Seal
f~"~i~~;;,
'~Vl:",_,,; ..r:"'.~
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OFF/elM S~^L
lIN~A C, CU.KLEY
NO: A.-,'( ~u:;r:c - c \~ I ;OR~.s)A
F;i;~~,:;;'\' ,~- !H
S ^. -'I ~1 ':("J) ~ ~.,
My r:Gmr.1!'3~ion [x;Jin~s OcL 'J, 1376
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Notary Public in and for said County and State
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STATE OF CA, LlFOHNIA }
COUNTY OF, --5an.Die~o 55,
On______J~1:!~~ry 18'_.1.97 ____, before me, the undersigned,
a Notary Puhlic in and for said County and State, personally
appeared ___~_SL_~9_dma~__, known to me to
be lhe___~______President, and , known
to mc to hc the___---------<-----_ ___Secretary of__
__ The Odmark...company , the corporation that
~xCf:utrd llH~ within in!itrlllllcnt and known to me to be the persons
who exef:u!cd the within inc;trument Oil hehalf of said corporation,
said corporalinn "llI'ing known to me to be olle of the partncrs of
. Rancho ~ iospe"elC!.per~u ., the
pa-~l;H~ndLip that f'xe~~;;ted the within instrument, and acknowledl1cd
to me that sllf:h ('orrnrlllioTl exccuted the same as such partner
find thut ~lI'U"'''''I''1' exe,.ut';Zd the ame.
c: ' -
L ) !.J-I :~1 ( . :. l I (/jt
, .Janay'~. -K-;:'uger /
Name (Typed or Printed)
Notary Puhlic in and for said County and Stale
FOR NOTARY SEAL OR STAMP
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, 0 4C'i' ~ OFFICIAL SlCAL
: I{Y'''"i'Ii' JANAY E, KRUGER
(~Il~~cn- -.'" NOTARY PUBllC- CALIFORNIA
<i \!.~~.. SAN DIEGO COUNTY
~ \'~~rF'-"'''P. MyCommlssion ExpiresAug. 4, 1975
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3~1O Chapman St.. Ste. 8. San Diego, CA. 92110
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SURVEY )'IONUI,iI:N'l' INS'j'l\LLl\'l'ION 1l0lW
Bond No. 730 46 43
Rancho Rios Developers,
1\') l\LJ. nL:N 12'.:' 'j'JiJ:~;E P](!~SJ:N'l'~;, That I/i:e. (a limited partnershi.p)
the ,;ubdiv~dc:' ,,1101 Pl"incip<ll, and the Fireman's Fund Insurance Company
:orpo):ation of t::,:; StJ.tc of
Cal ifornia
, as Sure Ly I ilrc
.c1 und firmly bO'..::::: \.::c'co tI'., city of Chula: Vista, a municipal cOJ:l?oration,
the CO\ln'~y of SiC:) Di",:c, state of C:aliforniil, and to ilnd for the l'enefiL
any and" all pCl:sons \..'ho :.:ay' suffer damage by reason of the breach of:
~ conditions hereof 'oin the penal sum of One Thousand Six Hundred Fifty and no/IOO
1,650.00
) la\olful mone~' 0:: the United States of America, to be paid
the said City of Chula vista.
WH~}mAS, the said Principal is presently engaged in subdividing
(tain lands to be known as Rancho Rios Unit #7
subdivision in the
Y of: Chula Vista, in accordance \'Ii th the Contract for Completion of
;>roV81'lents authorized .by resolution
, and
\-nJEJillAS, the said Principal desires net' to set durable monur.tents
lor .to the recordation of the final map of the subdivision' and desires
get same at a later date,
N01'/, TH~HEFORE, the condition of the above obligation. is that if the
incipal shall have set durable monuments of the survey by
'gi nj:::l~ri "'] Co.
Englneer)
ich is on fL.e \vi th the
, as per the final map of said subdivision,
Rick
(nar;o,e
a copy
of
of
City Engineer of the city of Chula Vista, refer-
,ce to \..'hich' ,aid map is hereby made and same is '.ncorporated herein as
):~?l"tlon 2:::: acceptance of public improvements \.]ithin said subdivision,
1enthe o!Jl:'SOltion sha11 be void, otllen-.'ise to remain in full force and
Efect"
IN \H'l":;r.:;SS \-:tiEREOF, the said principetl and Surety have heretm.to set
1Cir hanc}s, this 16th OilY
of
74
ited
.
l)pnCJ~Jl'~D j\S '1'0 FOR~l:
Fir
Company'
partnership)
( . ", )
pn'I1c~pa.L
Odmark,{ Presiden"t
Surety)
ny
J. To
^ltorncy-in-pact
.iLy i\l.l.ul'!WY
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AIID WHEN BECOBDED MAIL TO
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GENERAL POWER OF A TIORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That fiREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the Stale of California, and having ils 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 Attorney(s)-in-Fad, with lull power and authority hereby conferred in ils 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 slich 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 Attorney(sHn-
Fact may do in the premises.
This power of attorney is granted pursuant to Arllcle VIII, Section 30 and 31 of By-Jaws of FIREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in lull force and effect
Article VIII, .lpl"Jinlml'11t and .\uthorit!1 vf n(~.~idn't ,\,~,"lIlaut $arrlarPclI, lI1ld .\/torll"'J-iu-Farl and .\~/l'lIt.' to accept Lellal l'rQc(,II>~ and Make
.4.ppea'l"(u\cu.
Section 30 .IIIlwint""'II!. The Chmrmon of th.. Board of DIrectors, the PresJdent, any VIce-President or an,. other person authorized by the Board
of Directors, the Chairman of the Board 01 Direclors, the Presldent or any VlCe-Presld.::nt may, from 11m" ~o tllnE", appoint Resident ASSIstant Secrelaries and
Attorn<Jys-ln.foct to repreS€nl and act lor:md on b8!1alf of IhE" Corporation and Aqenls to accept :"qal p~oce~b and make appearonc,,-s for and on behalf of
the Corporr:lIlon
Sectton 31 .tullwl'lly> The Authonty ot such Rf:5Id",nl ASSistant Socretarlf,S, Attorneys.in-facl and Aqents sholl be os prescnbed in the instrument
€cvld"nc!fiq thmr apPointment, rmd on,' suci: apPOintment ond all outhorl\Y qronted tl:er<.o,by may be :ev~ked a~ any 11mp by the Board of Directors or
by ony j::Celson empower(,d to mOItA Sl'n: CJPPOlntment
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 0:\ the 15th day of July, 1966, and that said Resolution
has not been amended or repealed
RESOLVED that the signature 01 any VIce-President. ASSIstant Se:::retary and Resident Assistant Secretnry of this Corporation, and
the seal of this Coq:;oration may be affixed or printed on any pow'.:r of attorney, on any rev:xaliorl at any power ot attorney, or on
any ccrtdicate relating thereto, by tacsirrllle, and any power of attorney, any revocation at any power of attorney, or certificate bearl!'.g
such facsHnile signature or facsimile seal shall be valid and bi:"ding upon the Corporation"
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 aflixed this 318 t day of
October
] 9-Z3-
By
::C:;:l!!~NY
JAMES H. WELLS, Vice-President
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
On this llS~_day of __ O~.tob..er _____ ,19__J~__, before me personally come 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 alii xed by order of the Boord 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 official seal. the day and year herein first above wrillen.
,..III..........I....IIII..I......II.....'BBII....I....ca"
= @ H. GRADY NEWBERRY 5
5 ..' NOTARY PUBLIC - CALlFORtIIA i
= cm & COUNTY Of SAN FRANCISCO :
E My ConunisIion Expirn Sep'. 28. 1976 5
i......................nH.n..........................i
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Notary Public
CERTIFICATE
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
I 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 VIIl, Secllons 30 and 31 of the By-lows of the Corporation, and the Resolution 01 the Board of Director. set forth in the
Power 01 Attorney, are now in lorce
Signed and sealed at the City and County of San Francisco. Dated the
16t/lay of
January
, I9----1!!
LU-;".. ~ D R..~ %. ~R-Ou-~
--_...._-.._..._-..-~.:=:Q.N-iFRE.D"-i:J:-..BRO\VNE:A;;-i~.i~~t-S~.~;.i;;.~.i...--._._-_..._._.-
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360545 <HO)-FF-1-73