HomeMy WebLinkAboutReso 1974-7183
Form No. 352
Rev. 11-67
RESOLUTION NO. 7183
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
RANCHO RIOS SUBDIVISION, UNIT NO.8
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.8
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.
Presented by
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. .~y (// .
Lane F. Cole, Director of
Public Works
Approved as to form by
, ,
::~:<:.f;~indberg, C::;<:::?
ADOPTED AND APPROVED
VISTA, CALIFORNIA, thi'a 14th
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
, day of February , 1974 , by the
AYES:
Councilmen
Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
,
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ATTEST,<C,ll/1.c,<'> //') , -'(?i~.vj/
// C~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amended or repealed.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 , 192!-, 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 "Subd1v.lder";
WIT N E SSE T H
---- -----
WHEREAS, Subdivlder 18 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.8, pursuant to the provisions of
the Subdivision Map Act of the State 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 subd1vision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the Clty of Chula Vista, Subdivider must
have either 1nstalled and completed all of t.he 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 Council, to enter into this
agreement where1n it 1S provided that Subdivider will install and com-
plete, at Subdivider's own expense, all the public improvement work
required by City in connection with the proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney,
and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subJect to certain requirements and conditions, as con-
tained in Resolution No. 6592 , approved on the 5th day of September
1972, and
WHEREAS, complete plans and 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. 73-201D through 73-205D, 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 ONE HUNDRED FIFTY-EIGHT
THOUSAND FIVE HUNDRED EIGHTY-SIX DOLLARS AND NO CENTS ($158,586.00), 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. Subdivider agrees to comply with all
of the tentat.lve map :l'esolution; to do and perform
and performed, at its own expense, without C,y,C tc,
workmanlike manner, under the dlrection and to the
of the requirements
or' cause to be done
City, in a good and
satisfaction and
- 1. -
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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
subdivlsion; and will 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 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 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 oflhe 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 Californla 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 sJ.m of FIFTY-ONE THOUSAND DOLLARS
AND NO CENTS ($51,000.00)
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 FIFTY-ONE THOUSAND DOLLARS
AND NO CENTS ($51,000.00)
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 a.nd deliver to the
City of Chula Vista, simultaneously with t.he execution of this agreement,
an approved improvement security in the sum of ONE THOUSAND FIFTY DOLLARS
AND NO CENTS ($1,050.00)
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 thln said subdivi"'lon j n accordance with the
specifications contained herein. Upon certificatlon 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 whoJ. E amount, or any par t thcY"eof no t:. required for
payment thereof, may be 1. '''J.'?ased to Subdl vlder or 1 ts successors in
interest, pursuant "to the terms of the improvoment security.
2
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STATE OF CALIFORNIA }
COUNTY OF San Diego ______ 55.
On__. Ja!l~Jl~ry_~~LJ~71-__, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared Ted P. O~marJ~: known to me to
be thc______President, and , known
to me to be thc__________Secretary of
The Odmark ~omp~_, 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 he onc of the partners of
Rancho Rills_Developer" . the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that 'UCWl pa"nmh,p executed the '7e.
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Janay E: Kruge1C"..
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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~{~~.. SAN DlUJOCOUN,{
~ ~ MyCommission ExpIres Aug. 4.1975
iU10 Chipma1l St.. Ste. &, San Diego, CA. 92110
10. It 1S 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 off1cer, h1.S sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the llmits established by
the approved improvement security in accordance with the requirements
of the State Subd1vision 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 1.s 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 clalms, demands, causes of action, liab1lity 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 respons1bility 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,
VELOPERS, A Ltd.
ompany. A Calif. Corp.
THE CITY OF CHULA VISTA
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Mayor of the Ci of Chula Vi~a
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ATTEST 1'/./"7/.HJ/c' {J)) ,\;f,j'd'j/
:? Ci ty Clerk
f?!RP";~~ as t~~ // 0d Attach
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Notary Acknowledgment here.
City Attorney
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LIST OF EXHIBITS
Exhibit "A"
Estimate of Cost of Monuments
Exhibit IIBlI
Improvement SecurIty - Faithful Performance:
Form: Bond
Amount: $51,000.00
Exhibit "c"
Improvement Security - Material and Labor:
Form: Bond
Amount: $51,000.00
Exhibit "D"
Improvement Security - Monuments:
Form: Bond
Amount: $1,050.00
Securi ties approved/as.to, fO~)1l and amount by
4~,~~:~:o:~~
Improvement Completion Date: One year from date of Council Resolution
approving Subdivision Improvement Agreement.
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CD:Z:l ENGINEERING COMPANY I :'\;'~~II~~m~~~W,g
5620 FR!ARS ROAD . SAN DIEGO, CALIFORNIA 92110
TELEPHONE AREA CODE 714 291-0707
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 0 8
Gentlemen:
In compliance with the amendment to Sections 11566 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, 1 hereby estimate the cost for setting the
final monuments on subject subdivision to be $1,050.000
~-
William B. Ric
R.C .E. 9416
Engineer of Work
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Acknowledgment - Attorney in Fact
STATE OF CALIFORNIA t S
COUNTY OF San 0 i ego \ S .
On January 16, ,191.ll.,beforeme, Linda C. Blakley,
a Notary...Public in and for the said County and state, personally appeared
J. T. Warnock known to me to be the person whose name is subscribed to the
. f Fireman 15 Fund I nc;lIl"'~n("p Compan~
within instrument, as the AttorneY.IO-Fact 0 .
and acknowledged to me that_ he subscribed the name of
Fireman's Fund Insurance Company thereto as
principal- and h i.s....- own name as Attorney-in-Fact.
IN_WITNESS WHEREOF,' have hereunto set my hand
and affixed my official seal the day and year in this
.cer~st above wr~n~ /. _ J ;;
/'J".1iVt/t L' 'D-liJc fo
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M-7 Notary Public in and for said County and State
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I:()\I~TY OF _SanDieg<l.--- 55.
On JanUC!:ry___~j3'_J91.i_._, before me, the undersip;neJ.
a Notary Puhlir: in 'and for said County and State, personally
appeared _ _~1~c:lL-9dmar_k , known to me to
be the_. ______._President, and ' known
to me to be the_________Seeretary of
_Th(lOdmark Compan>'---_, the cGepocation that
executed the within instrument and known to me to be the persons
who exel'uted the within instrument on hehalf of said corporation,
said corporation being known to me to be one of the partners of
___ Rancho..Rios.J}el.'clnp"r" , the
partnership that executed the within instrument, and acknowledgeJ
to me that such corporation executed the same as such partner
and that :uch partnership execut.ed th/me.
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___Jana~ruger
Name (Typed or Printed)
Notary Public in and for said County and State
Notarv Seal
OFFICIAL SEAL
LINDA C. BLAKLEY
NorMY PUBLIC - (AUFORNIA
PRINCll'Al CFF;CE IN
SAN Dl::GO (r.J -t,y
My Commission Expires Oct. 9, 1976
FOR NOTARY SEAL. OR STAMP
OFFICIAL SEAL
JANAY E. KRUGER
NOTARY PUBllC*CALlFORN1A
SAN DIEGO COUNTY
My Commission ExpiresAug. 4, 1975
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:J:..;", ChiljJman $l., Ste. B, ~an Diego, CA. 92110
.Bond No. 730 46 45
BOND FOR l'lATERIAL lu'1D LABOR
Rancho Rios Developers,
KNOI'I ALL HEN BY THESE PRESENTS, That I/l'Ie (a limited partnership)
the contractor in the contract hereto annexed, as Principal, and
Fireman's Fund Insurance Company
, as Surety, are held
and fimly bound unto the CI'l'Y OF ClIULA VISTA, a municipal corporation,
located in San Diego County, California, in the sum of
Fifty-One Thousand and no/l00 ----DOLLARS ($ 51 ,000.00
), lawful money of
the united States, for which payment, well and truly to be m~de, we hind
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, namely, to furnish all tools, 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:
Improvements to Rancho Rios Unit #8
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 kind,
said Surety will pay the same in an amount r.ot exceeding the sur!) herein-
above set forth and also, in case suit is brought upon this bond, a
reasonable attorney fee to be fixed by the courts. This bond shall inure
to the benefit of any and all persons, companies, and corporations
entitled to file claims under and by virtue of the provisions of an act
of the Legislature of the State of California entitled "An Act to Secure
the Payment of the Claims of Persons Employee; by Contractors upon Public
\'Iorks, and the Claims of Persons ,,,ho Furnished Materials, Supplies,
Teams, Implements or Hachinery Used or Consumed by such Contract.ors, in
the Performance of Such Works, and Prescribing the Duties of Cert~in
Public Officers v.'i th Respect Thereto," approved Nay 10, 1919, as amended;
and the said Surety for value received hereby stipulates and agrees that
no change, extension of -tiLle 1 al-tera tion or addition to the terms of thE:
contrac.t or to the vlork to be performed -thereunder 1 or th~ specifications
accompanying the sam"" shall in any Hise affect i t.s obligations on this
boneT, and it does hereby \'lai\/e notice of any such changes, extension or
tine, alteration or addi tion to the terms of the contract or to the ,,;o:r:k
or to the specifications.
By:
By:
limited par ership)
oration
Fireman'liFund Insurance Company
Ted P. Odmark, President
I{Wld"
. Warnock, Attorney-in-fact
Cont.ractor
Surety
APPl',OV,ED AS 'ro FORN;
Pi'I--E-34
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AND WHEN RECOBDED 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 State of 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 Atlorney(s)-lO-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 fully and to the same extent as il 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 Attorney(sHn-
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 lull force and effect
Article VIII. .lpIJo;l1tmntt and .llllhm'il!1 of U('Hid"1I1 _1~."iMaJ" SrrrdlHil'II, (Iud .Ilton,,'!/-in-f'arl ">lrl .11I('lIt.. to accept Legal PmccII8 Clnd Make
Appeo.ro.tlcu.
SectIOn 30 .11'I",inl"'l')lt. The Chairman 01 'he Board 01 Direclors, In" Presldent, any Vlce-President or any other person authorized by the Board
o! Directors, the Chairman at the Board of Directors the Prf"sldent or any Vwe.PresldenL mav. horn tlmp to time, appomt Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act tor and on behalf 01 the CorporatIOn and Agents to accept legal p~ocess and mok" appearanCf_S tor and on behalf 01
the Corporallon
Spct!on 31 .I"t/I'''''/.'I. n.!' Authonly 01 ~uch Resident Asslslant SecretarKs Attorneys,in-Fact and Agtonts shall bR as prescribed in the instrument
f',vldencinq their appomlmenL and any SllC" appomtment ond all authorl'.y qranted ti:eT,.,by may be ~ev<Jked 0'_ any tlm" by tbe Board of Directors or
by any person empowN",d '0 mak!; S\;~'n appomtmfcnt
This power of attorney is signed and seoled under and by the authority of the following Resolution adopted by the Board of Directors
of FIREMAN'S FUND INSURANCE COMPANY at 0 meeting duly called and held on the 15th day 01 July, 1966, and that said Resolution
has not been amended or repealed
"RESOLVED, that the slgnature of any Vice-President, Assistant Sec:retary ond Resident Assistant Secretary of this Corporation, and
the seol of this Corporation may be cdLxed or printed on any pow.~r of attorney or. any revocation ot any power 01 attorney, or on
any certificate relating thereto, by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing
such faCSimile signature or facsimile seal shall be valid and binding upon the Corporalicn"
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
October
19---D-
By
F1~'S FUN7::JJ:E CO;ANY
j!!:i~d mm..m......~m'
JAMES H. WELLS, Vice-President
ST ATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
} ss
On thisl1S-.t_.day oL __Oc_t_ober __ _ _________ lR_7l_ before me personally carne 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 a!!ixed 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 affixed my official seaL the day and year herein first above written.
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5 . H. GRADY NEWBERRY !!
i . NOTARY PUBLIC - CALlFORtlIA i
= CIIY & COUNTY OF SAN FRANCISCO =
i My Commission Expim SepL 28. 1976 5
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~E;~;:lNctarY Public
CERTInCA TE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
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 lull 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 01 the Board 01 Directori, set forth in the
Power of Allorney, are now in force
. . . l~h
SIgned and sealed at the CIty and County of San FranCISCO. Dated the day of
January
,19~
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.._......._...._...-~~.NifRiD--f{..-BRO\vNE~.A~-;~ta-;;i-s~.~;i;;~-;..._-_._.__..._._...
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360545 {HO)-FF-1-73
Bond No. 730 46 45
BOND FOR FAITHFUL PERFOP~~CE
Rancho Rios Developers,
KNOH ALL V..EN BY THESE PRESENTS, That 1/I'Ie (a limited 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 Fifty-One Thousand and no/100---------n-----DOLLARS
($51,000.00
) ,
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 Map Act" (Chapter 2, Part 2, Division
4, Business and Professions Code) and any mnendments 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 #8 , \~hich
improvement plans are on file in the off.ice 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;
NOH, THEREFORE, if said Principal, as Contractor in the contract
hereto annexed, shall faithfully perform each and all of the condi~ions
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 perfol>n and complete in a good and
workmanlike manner the work of I mprovements to Rancho R i os Un i t #8
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
perform 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 \'lai ve notice of any such change, extension of
time, alteration or addition to the terms of the contract or to the wor~
or to the specifications. Signed, Sealed and dated this 16th day of January ,19r4.
Rancho
By:
By:
partnersh i p)
Corporation
Fireman's Fund Insurance Company
JI. '
Bv: C\ l&Vl'tf)l
~arnock, Attorney-in-fact
Surety
Contractor
APPROVED AStx~
~ / \.,~
----- .----y.--.--]
~? ''-_-., r_y<---~.
Y City l\ttorncy
PI'J-E-34
'Rr; /63
AIID 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 INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the Slate 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
its true and lawful Attorney(sl-lO-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds t 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 Attorney(sl-in-
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 01 November, 1965, and now in full force ond effect
Article VIII .11J]lvi7.tIlH'llt and .\l.llhrH'il!l oj }(n;idnlt _\.~."ill/f1"f Srrrrt{Jri.,.~. '!lId .1ftOrll<'!I-in-/.'url alld .\!/{'J/IR to acrept Legal ProCCRfI lJnd Make
.4.ppea1'al'lce',
Sec::tion 30 .IIIlminlm"'''. The Chmrman o~ Ihe Board of Directo:s, Ihe Presldenl, any Vice-President or any other person authorized by the Board
of Dllectors, the Chairman ot the Board ot Dlrec!urs the PresJd",nt or ony VICe-President may I,orn tim... to tIme, appoint ReSident Assistant Secretaries and
Attorneys-in-Facl to repr<;senl and w;t lor and on be"alf of the Corporation and Aqents 10 acc,-,pt leQal pcocess and make appearanns tor and on behalf ot
tr.e Corporallon.
S"ctlOn 31 .11It/lOn/". The AUtl10fllY 01 such R'osldenl ASSlslant Secrelarl"s, Attorn",ys-m.facl, and Aq!1nts shall b" as prescnbed III the instrument
ev~denCJnq their appomlment, and any >;,"e,: 0PPollltm,;nl and all Qutr,oflty qrankd ~f:HCb,. may be revcoked a~ any tlfne by the Board of DlrCo'c:tors or
by any ~E:fson empower",d to maKe s\;c;h IJPPOllllmEont
This power of attorney is signed ar,d sealed under and by the authority of the following Resolution adopted by the Boord of Directors
of FIREMAN'S FUND INSURANCE COMPANY at a meetmg duly called and held (Jr~ the 15th day of July, 1966, and that said Resolution
has not been amended or repealed
'RESOLVED, that the signature of ar,y VlCe-Prcsider.t, Asslstant Se:::retmy and Resident Assistant Secretary of this Corporation, and
the seal 01 this Corporation may be at Ii xed or printed on any pow"}r of attorney on :::my reV:lcatiO!l of any power of attorney, or on
any certdlCate rebting thereto, by lacsimile, and any power of attorney any rcv:JCation of any power of attorney, or certificate bearing
such bcsimile signature or facsimile seal shall be valid and bir,ding upon the CorporatlOn"
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 alii xed this 318 t day of
October
19~
By
FIWS FUN7:;JE C;:NY
j/?$~'i/ ... ....... ....~,
JAMES H. WELLS. Vice-President
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
On this_ 3.1S.t...,day 01. _ _.o~t.9her , 19___73-_, before me personally came fames H. Wells, 10 me known, who,
being by me duly sworn, did depose and say' that he is Vice-President of FIREMAN'S FUt~D 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 aflixed 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 official seal, the day and year herein first above written.
!......................II.....II...I......BDJI..I...II.CII
!@"H.GRADYNEWBERRY5
i NOTARY PUBLIC - CAUFOR~IIA i
= CItY & COUNlY Of SAN FRANCISCO =
! . My Comraisaion Expim Sept. 28. 1976 E
i......................OO.HI...I...........I.........i
(f/#
Notary Publ1c:
CERTIFICATE
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
[ the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY. a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregomg 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 Resolulion of the Board 01 Director.. set forth in the
Power of Allorney, are now in force
Signed and sealed at the City and County of San Francisco. Dated the 16thday of
January
74
,19_.
l.l)--;<>'A ~ ClIC~ -t+, ~R-0U-~
_.__._.__._....-~~.N-iFRED..-H:...BROWNE:-A~-;.i~.i~-;t-S;;;;~.i;;.~y._._,._._-_...__.-
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360545 (HO)-FF-1-73
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Acknowledgment - Attorney in Fact
} SS
STATE OF CALIFORNIA
COUNTY OF San Diego
On January 16, ,19~~betore me, Linda C. Blakley
a Notary Public in and for the said County and State, personally appeared
J. T. Warnock known to me to be the person whose name is subscribed to the
within instrument, as the Attorney-in-Fact of Fireman IS Fund I nsurance Company
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.
(
IN-WITNESS WHEREOF. I have hereunto set my hand
and affixed my official seal the day and year in this
certitlca; ;;~t;~e wr(;'3f(d~LL
OFFICIAL SEAL
LINDA C. BLAKLEY
NOTA fly PUBLIC - CALlFORNI....
pmNClPAl Off!Cf IN
Notary Seal
~
STATE OF ~AJ.IFOI(IHA }
COUNTY 01'_ --San.J)le~o 55.
On__,Jan~~E~ 18!'_l?~_, before me, the undersigned,
a Notary Puhlic in and for said County and State, personally
appeared ---__ red P. Odmark , known to me to
be the --__President, and , known
to mc 10 be the_ ________ -:...~Secretary of
- _The Odmark_Company__. ,he Co'pocoI;on ,ha'
eXC'l'uh.d thl' within instrument and known 10 me to be the persons
who eXC('lltf'd the within instrument on behalf of said corporation,
said ("orporatioIJ IwilJp: known to me to be one of the partners of
., - Bal1CI1~~(O,,_[)'lvelop.".~__~. ,ho
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and ,'h". t rU'h p.ctnmh;p ex" ec~ted the reo
__~~~J~~:~i. <~ug~~~-; ;C:p'-~-----:
Name (Typed or Printed)
Notary Public in and for said County and State
3910 Chapman St.. Sta. B. San Diego. CA. 92110
FOR NOTARY SEAL OR STAMP
~:
OFFICIAL 5F:AL
JANAY E. KRUGER
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My Commission ExpiresAug. 4.1975
STATE OF CALIFORNIA }
COUNTY OF_-BaILni~O SS.
On------lanuarrJ_~_'_~___.!_ _, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared __ Ted P. Odmar~,______, known to me to
be thc_ ___..President, and_~ , known
to me to be the__~_SecTetary of
~~ Odmar'}c 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,
sait:' corporation being known to me to be one of the partners of
R:=tnr.l1o-RioB-Dpvplorer~ , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and lJ ,uch pa"ne"h,p executed the "me.
_ I " 'c I'~ t" -+-
,
FOR NOTARY SEAL OR STAMP
)~"
",.-::~~-'':.(~r?'~~
, J^,r';ftY~.' KRUGER
NGTA~Y PUFlllC-CAUFOI1NIA
S,.'.N DIEGO COUNTY
"1'. Co:nmissioil E.xpires Aug. 4, 1975
;,]:::1,,1:
~ ..""~=-~~...-
s,_ .~t~. B. :.80 Diego. CA. 92110
Acknowledgment - Attorney in Fact
STATE OF CALIFORNIA
COUNTY OF San 0 i ego
On January 16. ,19-I~beforeme, Linda C. Blakley
a Notary Public in and for the said County and State, personally appeared
J. T. Warnock
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 nsurance Company
and acknowledged to me that_ he subscribed the name of
Fireman t 5 Fund I nsurance Company thereto as
principal_ and h~own name as Attorney.in~Fact.
l SS.
IN-WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year in this
certificate first above written.......-__m~
,/(J1;I?h~ ('4~iLJ
Notary Seal
r
A~'N .
"-,,CO"''''';' OF~IClAl SEAL
'~1~;~:~~ UN~/\ c, BLAKLEY
r-l',J. \'({ P'...'B~ 'C ('~tJfORNIA
f~IN:::.r/,L ~ '(' IN
5.,Q D':,:CO >:Olj.r"y
~I~Y COr:lmiss:cn CXiJires Oct. 9, 1976
~ . ~,
M-7 Notary Public in and for said County and State
Bond No. 730 46 46
SUJWEY )'lON\1HI:N'l' ni~;'l'J\LLI\'nON nOlm
Rancho Rios Developers,
l\'l AL)' l,I!~N DY ']'m::;); pm:S);N'J'~3, That 1/\':0. (a limited partnershi'p)
U10 ,;ubc1iv:i/lcr ,\11(1 principe\l, an(l tho Fireman's Fund Insurance Company
~orp()):Cltion of U\C ~;tcltc of Cal ifornia
, as SureLy, ilre
LeI Clnd firmly bound unto the City of Chula'Vista, a municipal corporation,
Ule County of Siln Dic90, St.ate of ~alifornia, and to and for the I'ellefil
'allY and"all persons \'Iho may. suffer damilge by reason of the bl:each of
:! conditions hereof 'cJn the penal sum of One Thousand Fifty and nollOO DOLLARS
1,DSO.OO
) la,",ful money of the United States of l\merica, to he paid
the silid City of Chula Vista.
vnn::m;l\S, the said Principal is presently engaged in subdividing
rtain lands to be known as
Rancho Rios Unit #8
subdivision in the
ty of Chula Vista, in accordance \'li th the Contract for Completion of
prOVeJ'lents authorized ,by resolution
, and
HHElllil\S, the said Principal desires not to set durable monuments
ior 'to the recordation of the final map of the subdivision and desires
get same at ~ later date,
NON, 'l'I!J':REFORE, the condition of the above obligation is that if t.he
'incipal shall have set durable monuments of the survey by
Rick
(nae>
a co
of
Enqin7erinj Co. , as per the final map of said subdivision,
Englneer
,ich is on file ,",ith the City Engineer of the City of Chula Vista, refer-
of
lce to \'Ihich 'said map is hereby made and same is incorporated herein as
lough here set 'forth in full,' and according to the ordinances of the
.t1' of Chula vista in force and effect at the time of giving of tliis bond"
1 or before :;he expiration of thirty (30) consecutive days follO\'ling
)In?letlon 2nd acceptance of public improvements \'lithin said subdivision,
1en the obligation shall be void, otlienvise to remain in full force and
Efect.
IN \-II'l'l':ESS \';UEREOF, the said Principal and Surety have hereun,to set
74
.
lOir hanus, thi s 16th day of
limited partnership)
( . .' 1 \
Corp. Prlnclpa ,
Odmark, President
(Suretv)
l)PHOVED ;\5 ~.r-e.,,\l~~~l :,/1 F i eman
// 'i:>/ ../ "/ /
/ , ,,'. ,"/'/ ,~ti/'-"0~'1
~~~:;~:':'Jll::' c t7 J. T.
l\ttorncy-in-Fact
I",);-J.)
1(71 i3
AND WHEN BECOBDED MAIL TO
I
I
"
L
~
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 of California, and having its principal oflice 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-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 of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney{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 lull force and etfect
Artlcle V!lI \pJloi..tm"1,t and ,\ulhoril'l "f H('j{idnlt _\H.~;"lanf ScrrrlfJri('.~. Ulld .!'torul'!I_in_Far! and .ly,'u/H to act'e]Jt Legal Process alld Make
Appearances. '
Section 30 .\I'IWI111""'ld. The Chmrman o! the Board 01 Directors, \r." PreSident, any Vice_President or any other person outhonzed by the Board
01 Dnectors, the Chanman a! the Board 01 Directors, the Pr,-sldent or any VICe. PreSident, may, lrom !lmp to tlmp, appoJnt ReSident ASSIstant Secretaries and
Altorncys-m-Fact \0 revesent and act lor and on Dehall of IT'" Corporation and Aqents to acc~.pt ]eqal p~ocess and make appearann,s for and on behalf 01
the Corporal Ion
Section 3! .tulllOl"/,'I. The !\utliontv 01 Resid,:nt Asslstclrlt Secret(lfl(,S, Allorneys-m.Fact, and Aqen's shall b" as presc~ibed In the instrument
eYld..ncinq their appOinlmcnt, and any <Jppomtment and all autr.ont,' '.jran1ed tl~H0by may be r",yoked at any tlmp by tT~e Board 01 Dir"ctors or
by any person empowerf.,d to mokp Sl<~.tl ap"o\Otment
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Boord 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, Assistant Sec:retary and Resident Assistant Secretary 01 this Coq:oralion, and
the seal of this Corporation may be afLxed or printed on any power of ollorney, on any rev,xatiO!l of any power of attorney, or on
Clny certdicate relating thereto by facslmile, and any power of attorney, any revocation of any power of ollorr,ey or certificate bearir.g
such facsimile signature or facsimile 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 its corporate seal to be hereunto afbxed this 318 t day 01
October
19-13-
By
FI~'S FUN7:JJ:E COMPANY
~~dmmm~'
TAMES H, WELLS, Vice-President
ST ATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
} ss
On this 3J~_t.._day 01. _OctJ>ber 19___73-_, 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 01 FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal o[ SOld Corporallon; that the seal affixed to the said
instrument is such corporate seaL that it was so affixed by order of 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 Iirst above written.
!III.....IIIIIIIIIIIII.IIIIIIIII..IIIIII.IIII.II..I.I.IIC.,
5@"'H.GRADYNEWBERRY-
5. NOTARY PUBLIC - CALlFORtllA i
5 CItY & COUNTY Of SAN FRANCISCO =
I My ComntisliDn Expire. Sell', 28, 191& 5
i....IIIIIIII..II.III.IU..HI.III.............II...III.;
[f/~m
Notary Pubbc
CERTIFICATE
STATE OF CAUFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
} ss
I. the undersigned Assistant Secretary 01 FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in lull force and has not been revoked; and furthermore
that Article VIII, Sections 30 and 31 01 the By-laws oj the Corporation, and the Resolution of the Board of Director. set forth in the
Power of Allorney, are now in force
Signed and sealed at the City and County of San Francisco, Dated the 16 t h day of
Ja nua ry
. 19..l.!L.
w--;",. ~ Cl ~~ %, ~ROLl-~
..__.._.._..._._-~~-N.iFRE.D.-ii...BRowNE:-A~.;~t~t-s;,;.r~i;;~'y-'--"'-'--
"~ lIg3
360545 (HO)-FF-1-73