HomeMy WebLinkAboutReso 1981-10635
RESOLUTION NO. 10635
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING MAP OF CHULA VISTA TRACT 80-21, UNIT 2, VILLAS
DE BONITA, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED AND ACCEPTED ON SAID MAP, AND ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREE-
MENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE ~iAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby finds that that certain map survey entitled
Chula Vista Tract 80-21, Unit 2, and more particularly described as
follows:
Being a subdivision of a portion of Quarter Sections 47
and 58 of the Rancho de la Nacion, in the City of Chula
Vista, County of San Diego, State of California, according
to Map Thereof No. 166, filed in the Office of the Recorder
of San Diego County on May 11, 1869, together with the
northerly 6 feet of the westerly 500 feet of Lot 129 of
Bonita Bel Aire in the City of Chula Vista, County of San
Diego, State of California, according to Map Thereof No.
5083, filed in the Office of the County Recorder of San
Diego County, November 26, 1962.
Gross Area = 15.139 acres
Total number of lots = 6, number of units = 109
is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown
thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the public the public streets, to-wit:
A portion of Bonita and Otay Lakes Road
and said streets are hereby declared to be public streets and dedicated
to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the City of Chula Vista the easements with the right of in-
gress and egress for the construction of sewer, drainage, street tree
planting, access and public utilities, all as granted and shown on
said map within said subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are ac-
cepted on behalf of the public as heretofore stated, and that those
certain easements with the right of ingress and egress for the con-
struction and maintenance of sewer and drainage facilities, street
tree planting, access and public utilities as granted thereon and
shown on said map within said subdivision are accepted on behalf of
the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
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BE IT FURTHER RESOLVED that that certain improvement agreement
dated the 22nd day of September , 19 81, for the completion
of improvements in said subdivision, a copy of which is attached hereto
and by reference made a part hereof, 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.
r(0~
John P. Lippitt, City Engineer
Approved as to form by
~~~
George D. Lindberg, City Attorney
Presented by
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
by the following vote, to-wit:
by the CITY COUNCIL of the CITY OF
22nd day of September , 19 !U-,
AYES: Councilmen Gillow, Cox, Scott, McCand1iss
NAYES: Councilmen None
ABSENT: Councilmen Hyde
i ~ . ~~_ " !L~L~c!!!~"ta
I ATTES _~ __~ pro Tempore
C~ty Ie /
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. 10635 , and that the
same has not been amended or repealed. DATED
City Clerk
k..' ~(() 635
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Form No. CA-4l0
Rev. 8/76
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 22nd
September , 19 81 , by and between THE CITY OF
municipal corporation, hereinafter called "City", and A & D
4398 Bonita Road, Bonita, California 92002
day of
CHULA VISTA, a
l?ARTNERSHIP,
hereinafter called "Subdivider":
WIT N E SSE T H :
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final subdivision
map of a proposed subdivision, to be known as CHULA VISTA TRACT 80-21
UNIT 2 - VILLAS DE BONITA pursuant to the provisions of
the Subdivision Map Act of the State of California, and in compliance with
the provisions of Title 18 of the Chula Vista Municipal 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 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 Title 18 of the Chula Vista Municipal 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 wherein it is 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
I 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.101?3 ,approved on the 8th day of July
19 ~..' 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 Dir~ctor of Public Works,
as shown on Drawings No. 81-320 through 81-335 lnc., 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 THREE HUNDRED NINETEEN
THOUSAND DOLLARS AND NO CENTS ($319,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. Subdivider agrees to comply with all of the requirements
of the tentative map resolution; to do and perform or cause to be done
and performed, at its own expense, without cost to City, in a good and
workmanlike manner, under the direction and to the satisfaction and
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R-10635
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 furnish the necessary materials therefor, all in
strict conformity and in accordance with the plans and specifications,
which 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 second 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 subdivision, 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,
I an approved improvement security in the sum of ONE HUNDRED FIFTY NINE
THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($159,500.00)
which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" 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 ONE HUNDRED FIFTY NINE
THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($159,500.00)
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 "B" 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 TWELVE THOUSAND DOLLARS
AND NO CENTS (~12,000.00)
to secure the installation of monuments, which security is attached hereto,
marked Exhibit "c" 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 within said subdivision in accordance with the
specifications contained herein. Upon certification of completion by
the Director of Public Works and acceptance of said work by City, and
after certification by the Director of Finance that all costs hereof
are fully paid, the whole amount, or any part thereof not required for
payment thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
f(_/tJt)3S~
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I
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EXhibit "A"
EXhibit "B"
i
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~Xhibit' "c"
improvement
I
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LIST OF EXHIBITS
Improvement Security - Faithful Performance:
Form:.
Amount:
Bond
$159,500.00
,
Improvement Security - Material and Labor:
Form:
Amount:
Bond
$159,500.00
Improvement Security - Monuments:
Form:
Amount:
securi~prove
Bond
$12,000.00
and amount by
..-- -~//-
City Attorney
Completion Date:
Two years from date of Council approval
of the Subdivision Improvement Agreement
7? -/ C 63s'-
;
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 Title 18 of the
Chula Vista Ilunicipal Code.
II
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 on money sufficient to cover said cost.
12. It is understood and aareed that until such time as all
improvements are fully completed and ~ccepted 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 omissions of Subdivider,
its agents or employees in the performance of this agreement, and that
uFon 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, as indemnitee, 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 Sub-
divider, its agents or employees, or indemnitee, related to this agree-
ment. 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, or indemnitee, related
to 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 consequence 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.
Vista
Na
President
THE CITY OF CHULA VISTA
.
Appr<:.ved a~s _to form by
l . .
/~~ _ .,A
l7 City Attorney
^ -((763.s-
(Attach Notary Acknowl~dgment)
-.3-
II
State of Cali.fornia )
) SS"
COllnty of San Diego)
On SEPTEMBER 2 , 19 ~llwfoTe me the undc"Tsigned,
a Notary Public in and [or said County and State, personally appeared
NATHAN ~~ ADLER , known to me to be tile President of ADI>1..4 CO., INC.,
the Corporation },Jhich e:xccutpd the vrit}1in instTllnient, kno'vH1 to me to be the
person wrlo cxeclJted the within instrument on bcha]_f of the Corporation herein
named, as the Attorney in Fact of Ji'}IES_l':- _J\DLER dba A & D.J':<\J{'I)\I~RSHIP ______
and ackilo~A'l('(h~ed to me that he has sub~cribedt-he--n.a-~-e--of JAnES E. A-riiER dba
<-J - , - ___;____ _~__._____._.__...._
A & D rART)\t,KS_~J~ _____thereto as principal and said corporations name as
.n.ttofney in Fact, and he further actulo\<,lledged to me that such Corporation
cJ;c;cutr.d t11(: within jnst-rument pUrS1l2nt to its bY~]2v.'s or a resolution of its board
of directors.
0'_.'_'-.~"~;:~~'.".... .,........... OFFICIAL SEAL
y^"""",
l~Mi,\; JP~JET TINKHAM
"",~~:'.'~'f\.:',_"'-! t"'~"Y p'I~JlIC r..L1FORN1A -
,~~,~,;":~,:~'~t;,,,:}. ~v'~~.'lNC.~P'Al or;'CE IN 'I
~,?;;\y S'\N (,IEGO COUNiY J'
M~...'&mrrllSSion Expn"es Sept. 17, 198::....~
------
a,1 't
, t2ry
Coun
\dT1\ESS my hand 2nd off jcial seal.
JANET TINKHAM
P -It? b.3 S-
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VICINITY MAP
~.o ~"':J._,""
t,lRAWN Ei'(
L. M G.
TIT I r
DATE? _ 21-81
CHULA
(~/t? /yS-
VISTA TRACT NO. 80-21, UNIT NO.2
VILLAS DE BONITA
BOND FOR FAITHFUL PERFORHANCE
YS840-5200
WHEREAS, The City Council of the City of Chula Vista,
State of California, and A & DPARTNERSHIP
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated August 7, 1981
19 81 , and identified as project Villas de Bonita
, is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEHEFORE, we, -the principal and Industrial
Indemnity Company , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City" in the penal sum of .One Hundred Fifty-Nine Thousand
Five Hundred and 00/100* dollars ($159,500.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
I< ,1063S-
I
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The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agn,cmcnt or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it docs h~rcby waive notice of any such change,
extension, alteration or additiori.
In wi t:nc~.ss
duly executed by the
August L
whereof, this instrument has been
principal and surety above named, on
19 8]
A
INDUSTRIAL INDEMNITY COMPANY
~~j~9d~c:;r'
Muriel Faust, Attorney-in-Fact
Contractor
Surety
APPROVED AS TO FORM:
~
.:/? ~--
Attorney
evERY FORM
B~ftME'f
P.O. Bo" 81638
.f \~4suqb,~~CE
", Bl-\RNt'l
City
.,(-/~ 63-?
PW-E-34
County of San Diego
f ss.
On 8/7/81 , before me, the undersigned,
,a Notary Public of said county and state, personally appeared
State of California
Muriel Faust
known to me to be the Attorney,in-Fact of
Industrial Indemnity Company
,
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
,R'-/Ob ..9 6
(i,L' a: LJP~~ "
/ NOTARY PUBLIC
. I
--~--
II
State of California )
) SS.
County of San Diego )
On~EPTEMBE.R-l____~__, 1981, before me the undersigned,
a Notary Public in and for said County and State, personally appeared
NATHAN S. ADLE~__~.__, known to me to be the President of ADHA CO., INC.,
the Corporation which executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the Corporation herein
named, as the Attorney in Fact of JANES E. ADLER dba A & D PARTNERSHIP ~_~
and acknowledged to me that he has subscribed, the name of -1A}jE~~E. ADLER dba
~~~_~TNE~SHIP thereto as principal and said corporations name as
Attorney in Fact, and he further acknowledged to me that such Corporation
executed the within instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official se~
fr~:;~~: :c"-'=r,~;,~,~~;;--"
llf'if:..' ) ,-'il""HAM II
II \' ,. ( L" c'eN" ,j
~ \> - ^ r Or ,C:=:: Ir~ ~j
~<:_, ,/}Ij~!TY l~
I '" ~-,.: ]7 103" Ii
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*'- '""'~-'-'-_'~_'_',_ A_.. ..:.-....:-.;:
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ta-ry Fnbti:
County and State
,
k-I063S
JANET TINKHAM
BOND FOR MATERIAL AN)) LABOR
YS840-5200
WHEREAS, the City Council of the City of Chula
Vista, Suite of. California, and A & D PA~TNERSHIP
(hereinafter designated as
"Principal" )havcentered-into an agreement whereby principal
agrees to install and complete certi1in designated public
improvements, which said agreement, dated August 7, 1981
19 81 , and identified as proj ect Villas de Bonita
, is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreemerrt, principal
is required before enterillCJ upon the performance of the work,
to file a good and sufficient pi1yment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialrnen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of civil Procedure in the sum of 'One Hundred Fifty-Nine Thousand
Five Hundred and 00/100' dollars ($159,500.00 ), for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemp:'oyment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought. upon t.his bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfullJ enforcinCJ such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the j.udgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (corr~cncing with Section 3082) of Part 4 of Division 3 of
the Civil Code,'so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condit.ion of this bond be fully performed,
then this obliCJation shall become null and void, otherwise it
shall be and remain in full force and effect.
1(- j063S-
I
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agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
IIIIIIIIII
11/111111
executed
August
In witness whereof,
by the principal and
, 19 81.
this instrument has been duly
surety above named, on 7th
A &
By:
INDUSTRIAL INDEMNITY COMPANY
.... OJ1~/~.~~L~~:T
MurleJ. l<'aust, AttorneY'-J.n-t ac"C
Contractor
Surety
APPROVED
~
BARNEY
l/d{J~
,
~
/'"''
EVUv FORM
BARNEY i
p.o. 80"81638 C
Stn Diego.
. F INSURANCE
City Attorney
:<:';u;
I"":,, ""'; ;;'"
County of San Diego
! ss.
On
.a Notary Public
8/7/81
, before me, the undersigned,
of said county and state, personally appeared
State of California
-......"......,.........._~
"';:~ OFFICIAL SEAL
$~,~:a1~) "oJr~~c'~J~' ,DELUCA
1a~~-'/;'?,y r."' "l"'l rl ,:ell ;.CliirOR~\j)A
~2..t'itt;{?1 ~'RiNCIPAL Of-FIC[ IN
~"';(>"'." SAN DJECO COUNTY
My CO~sjon Expires June 22, 1984
"
Muriel Faust
known to me to be the Attorney-in-Fact of
Industrial Indemnity Company
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
If -/tl ~3 -.5-
-f)L . d -<9/:Z-; /~ I
NOTARY PUBLIC
- . . I
II
State of California )
) SS.
County of San Diego )
On SEPTEMRF.R 1 , 19-8-1 before me the undersigned,
a Notary Public in and for said County and State, personally appeared
NATHAN S. ADLER , known to me to be the President of ADMA CO., INC.,
the Corporation which executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the Corporation herein
named, as the Attorney in Fact of JANES E. ADLER db"--""--&,D P~RTNERSHIP
and acknowledged to me that he has subscribed, the name of ~A}lE~.E. ADLER dba
~~-~ P.~RTNERSHIP thereto as principal and said corporations name as
Attorney in Fact, and he further acknowledged to me that such Corporation
executed the within instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official serl.
-_.._.~
)
....~~'::::-;.~~~~~~
-k',17c:4//~Y' . ,/
. in and fa -'said
~.
ounty and Sta
JANET TINKHAM
"'~~~~^ OFFICIAL SEAL
,J~ 1.'l';C'^ JANET TINKHAM
;~~.!b...~.';:\.~-.:'.i.(:I\ NOTJ"RY PUilLlC-(',6.lIFORNIA ~ __--'_,.
~"~:,iri': '~~::(/ Pi-(!iKIPj1.l orr:CE IN {:";;'"
cy,~i'cy SAN 0iEGO COUNTY " II ;( -ld#3.)
t. 'y ,,- "'iT n-.:<;r ;(:.., [:~::ir~:> Sept. 17, J S-,;.c2 t
..:;",.~':.....;.:.e;;"--:~;~;::';"'-"""".:'~~1~"""'::.C::;:-.':O~,:}~
'ofuer of f.ttorne~
11824
INDUSTRIAL
INDEMNITY
rno(u nIl men b!;1 tqese presents:
That INDUSTRIAL INDEMNITY COMPANY, a corporatIOn organized and existing under the laws of the State of California.
fnd having its principal office in the City of San Francisco, State of California, does hereby make. constitute and appoint
,--------------------------------------MURIEL FAUST---------------------------------------
its true and lawful attorney-in-fact fOf it and in its name, place and stead to execute on its behalf as surety. bonds. undertaking-s, stipu-
!lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees. provided
~hat the liability of the Company as surety under his authority in no one instance shall exceed the sum of
,---------------------------------------UNLIJllTED-----------------------------------------
*nd reserving to itself full power of substitution and revocation.
I This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
~NDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company.
ijn conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
rr verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of
ndustriallndemnity Company bonds, undertakings, stipulations, consents~and all contracts of suretyship, and to attach the corporate
eal thereto;
: "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
$Taphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
,ffixed by its proper officers, at the City of San Francisco, California, this 12th day of March ,1980
HOME OFFICE. SAN FRANCISCO
A~_~
1. E. Mulrya ,
Secretary
f ss.
On this 12th day of March ,1980, before me, Mary Mueller
t' notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and 1. E. Mulryan
tnown to me to be the Senior Vice President and Secretary of the corporation
hich executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
eferred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
~n September 27,1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
'.......1111..........111.""'"'1 t.~I.I'~,~, ....11.... t
~ MARY MUELLER e
, .... , NOTARY PUBLIC. CALIfORNIA i
:... -, CITY & COUNTY OF SAN FRANCISCO i
5: ":. My Commission Expiles Auc;t. 3. 1983 =
11I.!1...1I1111..........1....111~1....1111.....111i:......
I in and for the City and County
F ancisco, State of California
I, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY,
ho hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
~n file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
?riginals. and that said Power of Attorney has not been revoked but is still in full force and effect.
, In witness whereof, I have hereunto subscribed my name as such officer an;} affIxed the seal of INDUS TRIAL INDEMNITY
:::m .. .00;', ,"," ;::: :;:~. 1"'-&'" a;/;-A' '" fl. .
L~ Secretary
i
1Y041 R7 (10/72)
i
~
SURVEY MONUMENT INSTALLATION BOND
YS840-5201
KNOW ALL MEN BY THESE PRESENTS, That I/We A & D PARTNERSHIP
as the subdivider and Principal, and the INDUSTRIAL INDEMNITY COMPANY
a Corporation of the State of California , as Surety, are held and
firmly bound unto the City of Chula Vista, a munlcipal corporation, in the
County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the con-
di tions hereof, in the penal sum of *Twelve Thousand and 00/100*
($ 12,000.00 ) lawful money of the United States of America, to be paid to
the sard City of Chula Vista.
WHEREl\S, the said Principal is presen1:1y engaged in subdividing
certain lands to be known as VILLAS DE BONITA subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
to get same at a later dat:e,
NOW, THEREFORE, the condition of the above obligat:ion is that if the
Principal shall have set durable monuments of the survey by
(name of
, as per the final map of said subdivision, a copy of
Enginec"J".:")--
which is on file with the City Engineer of t.he City of Chula Vista, refern
ence to which said map is hereby made and same is incorporated herein as
though here set forth in full, and according to the ordinances of the City
of Chula Vista in force and effect at the' tin:e of giving of this bond, on
or befon the expiration of thirty (30) consecutive days following completic
and acceptance of public improvements within said subdivisionr then the
obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal
their hands, this 7th day of August
y have hereunto set
, 19 81.
'.
N
APPROVED AS TO FORM:
~
/
BY
INDUSTRIAL I DEMNITY COMPANY
~~;S~3~D=--
AttorneY-ln-Fact
Muriel Faust,
City Attorney
;(-/tJb3S-
PW-E-34
EVERY FORM
BARNEY!
P.O. Box 81638
SenDIego,
.11
State of California )
) 55.
County of San Diego )
On SEPTEMBER 1, ' 19E1' before me the undersigned,
a Notary Public in and for said County and State, personally appeared
I~ATHAN~ ADLE~____, known to me to be the President of ADMA CO., INC.,
the Corporation which executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the Corporation herein
named, as the Attorney in Fact of JA}IES E. ADLER dba A & D PARTNERSHIP
and acknowledged to me that he has--subscrfbeT the n~'lme--of JA}l~S___E. ADLE~_~
~~D~ARL~?RSH~___thereto as principal and said corporations name as
Attorney in Fact, and he further acknowledged to me that such Corporation
~xecuted the within instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official se~l.
._~
-"'~~'-~-"""'-
~t..~,Y~"r, OFfiCIAL SEAL
:r ':'\};"". '" -'It.-r TINKHAM
Q~".\-;r"_' ...,.....,_
~~~~'..""~:~.~~~.:;".:Jt, t,GTrV~Y P.l, ',8" LIC-C/l.UFORNtA ,I
;\trjfr~"""..r;i:,;:/cj .....,.'1"1.'''1::'/)', OFFice IN
\~;.r!"Y r.""....,,_ - 1
""..:'L'::':;""Y S,'\r'~ ~,:':GO COUNTY ~!
My Cc';r;r;'"~ic::;cn E~ljir13s Sept. 17, 1982 {~
...,;,,:~'~.;:sz;;:\.~:::-~~, ~~
r/
"-
'--------
~-
--~-
No.,. Public .
County.anaState.
;f,JtJhy{ JANET TINKHAH
County of San Diego
f ss,
On
.a Notary Public
8/7/81
, before me, the undersigned,
of said county and state, personally appeared
State of California
Muriel Faust
I ~.'0*~~ OFFICIAL SEAL
~;..,..\;~.;r~ ,JULIA A DEI lICA
~::~t,-~'<~~.~:~;,~,,~'~J WHhh.'Y ;"UE.,L.,c<.J\ur'T),,-', I~II~ l
';:"."::~~"")/': PRINCiPAl OFF!CE if'~ I,
',h~u~"'" SAN DiEGO COUI~T~' U
My Commission Expires June ~
known to me to be the Attorney-in-Fact of
Industrial Indemnity Company
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same,
K-/tJ ~3-i-
QAL'
(/
d~~
OTARY PUBLIC
----
'ofuer of ~ttorue~
11824
INDUSTRIAL
INDEMNITY .
'lhtnofu all men bt! t~ese presents:
HOME OFFICE - SAN FRANCISCO
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California.
and having its principal office in the City of San Francisco, State of California, does hereby make. constitute and appoint
--------------------------------------MURIEL FAUST---------------------------------------
its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety. bonds, undertaking:s, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees. provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
---------------------------------------UNLIlllTED-----------------------------------------
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972. reading as follow"
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company.
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents' and all contracts of suretyship, and to attach the corporate
seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 12 th day of March , 1980
^~ .e~
-- --
L. E. Mulrya , .
Secretary
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
f ss.
On this 12 th day of March , 1980 . before me, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and L. E. Mulryan
known to me to he the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is <l true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on September 27,1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
1"'II"lnUI"lIlInlnnlllnnln~1 tI~<.. ~~,,'.Ilik I
~ MARY MUELLER 5
. ." . NOTARY PUBLIC - CALIFORNIA i
: -.. CITY & COUNTY OF SAN FRANCISCO i
i . My Commission Expires twv. 3. 1983 5
1'1.~'.II..I.II....,I...I..I...JI~I....I......II..Iii:......
in and for the City and County
ancisco, State of California
I, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY.
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affIxed the seal of INDUSl RIAL INDE~1NITY
:~:~"'m''''''':~':;;;::.;' 1~ '.", ~A'. "g{n~
/\. L~ Secretary
IY041 R7 (10/72)