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HomeMy WebLinkAboutReso 1981-10661 Return * 1406 81-334192 FILE/PAGE NO. BOUI; :,,91 RECORD5Dl CIi,:EST OF C!'JtiLk....L4CITY Clr~l( OCT ZZ 9)2 AM '8/ Jennie M. Fulasz, City Oerk P. O. Box 1087 Chub. Vist2, Califomia 92012 RESOLUTION NO. 1 0661 OFFtJi'",~~()RDS SAN DiEGO CO'~iTY,CA VERA l. L HE RE:30LU'fION OF THE CITY COUNCIL OF THE CITyRg~O~A VISTA APPRJVING MAP OF CHUIA VISTA TRACT 80-20 CHARTER POINT UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON Sl'I.ID MAP WITHIN SAID SUBDIVISION, AND APPRJVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME Nom The City Council of the City of Chula Vista does hereb{ resolve as follows: NCM, 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-?0 Charter Point Unit 1 and more particularly described as follows: Being a subdivision of a portion of Parcel 3 as shown on Parcel Map filed in Book of Parcel Map~ at page 4148 in the office of the County Recorder of San Diego County, October l4, 1975, said parcel map being a ~urvey of that portion of the Easterly half of Quarter Section 16 of 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 o[tice of the County Recorder of San Diego County, May l~, 1869; lying Northwesterly of the Northwesterly line of Telegr~ph ....... . _ -r-. . " to;- _ . ... r, _ . _ . _.., .. ,.... r_,- ~ -' -. _ ,.' ..' " ;...u.:::Yvu .:,~jCl.u \J.'-\J<..:.lu. w'-l.L v"<::).y L'iV. .J..VUU-V-,} d~ U.~SCL .l.0BO ..l.il .j8:';:',-,~ -....::' ;":iC C..;unty vI Gdr.. .Jiago, recoraeQ April 18, 1~~61 as Instrunent No. 53304. 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. BF. J:T FURTHER RESOLVED .that said Council hereb{ accepts on behalf of the public the public street, to-wit: APACHE DIU\TE and said street is hereb{ declared to bE' a public street ane: dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby o.'c.::eplc" on behalf of the City of Chula Vista the easements \,d.th. the rj,c).-..t of ingress and egre~s for the construction of sewer, drainage. emergency access, slope, street tree planting, construction aDd maintenance of alley aprons , sidewalk ramps, pedestrian access and public utilities, all as granted and shown on said map wit~lD said subdivision, subject to the conditions set forth thereon. BE 1" F\lJU'HER RES,JLVED t.ha-t the City Clerk of the City of r;hnJ V~.St_c3, h8, 2' '"ld sh~ i~ h;:::;r~~T cut.horizecl 0.nc1 dirp.~t:a.o_ to endorse upon said ,;>ap the actiun of said Council; that said Council has approved said subdivision map, and that said public street is accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, emergency access, slope, street tree planting, construction and maintenance of alley aprons, sidewalk ramps, pedestri.an access.. and public utili ties as granted thereon and shown on sain map within said subdivision are accepted on behalf of <:he City of Chula Vista as hereinabove stated. -1- 1407 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. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 13th day of October , 1981, 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 Chula Vis~a he; 0nd he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved a ~ /5/ John P. Lippitt John P. Lippitt, City Engineer George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 13th day of October 198-1-, by the following vote, to-wit: AYES: Councilmen Cox, McCandliss, Scott, Hyde, Gillow NAYES: Councilmen None ABSENT: Councilmen None ATTEST /5/ Jennie M. Fulasz City Clerk /5/ Will T. Hyde Mayor of the City of Chula Vista STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, JENNIE M. FULASZ , City Clerk. of th~ City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. 10661 and that the same has not been amended or repealed. DATED October 14, 1981 'h~~..e;~r- ~y C erk I Ii-IOU/ I , -2- 1408 _;>'.,-"'~t.~'c~~ Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of , 19 81 , by and between THE CITY OF CHULA VISTA, a n~c~pal corporat~on, hereinafter called "City", and PACIFIC SCENE, INC. 505 Congress Street, San Diego, California 92110 I rreinafter called "Subdivider"; WIT N E SSE T H : ----------- WHEREAS, Subdivider is about to present to the City Council of e City of Chula Vista for approval and recordation, a final subdivision p of a proposed subdivision, to be known as CHARTER POINT UNIT 1 pursuant to the provisions of e Subdivision Map Act of the State of California, and in compliance with e provisions of Title 18 of the Chula Vista Municipal Code relating to e filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally proved by the Council of the City of Chula Vista, Subdivider must ve either installed and completed all of the public improvements d/or land development work required by the Code to be installed in bdivisions before final maps of subdivisions are approved by the uncil for purpose of recording in the Office of the County Recorder San Diego County, or, as an alternative thereof, Subdivider shall ter into an agreement with City, secured by an approved improvement curity to insure the performance of said work pursuant to the require- nts of Title 18 of the Chula Vista Municipal Code, agreeing to install d complete, free of liens at Subdivider's own expense, all of the blic improvements and/or land development work required in said sub- vision within a definite period of time prescribed by said Council, d WHEREAS, Subdivider is willing, in consideration of the proval ar:.d !:'ecorda.ticr.~ '2= said ~':v;.p ;::::/ t:-..2; Ccuncil, to cr~t.eI .i~l Lv LIllo reement wherein it is p.ovided that Subdivider will install and com- ete, at Subdivider's own expense, all the public improvement work quired by City in connection with the proposed subdivision and will liver to City improvement securities as approved by the City Attorney, d WHEREAS, a tentative map of said subdivision has heretofore en approved, subject to certain requirements and conditions, as con- ined in Resolution No. 10276 , approved on the 30th day of September, ~, and WHEREAS, complete plans and specifications for the construction, stallation and completion of said public improvement work have been epared, submitted to and approved by the Director of Public Works, shown on Drawings No. 81-313 through 81-323 inclusive, 81-370 and 81-361 through -363 inclusive on file in the office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public provements according to said pl&ns and specifications has been sub- tted and approve:1 by the City, : n the amount of EIGHT HUNDRED SEVENTY SIX THOUSA.ND DOLLARS AND NO CENTS ($8"'6,000.00) I NOW, THEREFORE, IT IS. MJTUk,~LY UNDERSTOOD ~ 1. Subdi vider agrees t.o comply with all the tentative map resolution; to ~o and perform d performed, at its own expense, without cost to rkmanlike manner, under the direction and to the , I I I AND AGREED AS FOLLOWS: of the requirements or cause to be done City, in a good and satisfaction and -1- I( / /) 0&' I 140~ pproval of the Director of Public Works, all of the public improvement nd/or land development work required to be done in and adjoining said ubdivision; and will furnish the necessary materials therefor, all in trict conformity and in accordance with the plans and specifications, hich documents have heretofore been filed in the Office of the Director f Public Works and by this reference are incorporated herein and made part hereof. 2. It is expressly understood and agreed that all monuments ave been or will be installed within thirty (30) days after the com- letion and acceptance of the required improvements, and that Subdivider as installed or will install temporary street name signs if permanent treet name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will ause all necessary materials to be furnished and all improvements re- uired under the provisions of this contract to be done on or before he second anniversary date of the recordation of the map of said sub- ivision. 4. It is expressly understood and agreed that Subdivider will erform said improvement work as set forth hereinabove or that portion f said improvement work serving any buildings or structures ready for ccupancy in said subdivision prior to the issuance of any certificate f clearance for utility connections for said buildings or structures 'n said subdivision, and such certificate shall not be issued until the irector of Public Works has certified in writing the completion of said ublic improvements or the portion thereof serving said buildings or tructures approved by the City; provided, however, that the improvement ecurity shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider hat, in the performance of said work, Subdivider will conform to and bide by all of.the provisions of the ordinances of the City of Chula ista, and the laws of the State of Califor!'da applicable to s".id work, ! 6. Subdivider further agrees to furnish and deliver to the ity of Chula Vista, simultaneously with the execution of this agreement, n approved improvement security in the sum of FOUR HUNDRED THIRTY EIGHT OUSAND DOLLARS AND NO CENTS (~38,000.00) hich security shall guarantee the faithful performance of this contract y Subdivider and is attached hereto, marked Exhibit "A" and made a part ereof. 7. Subdivider further agrees to furnish and deliver to the ity of Chula Vista, simultaneously with the execution of this agreement, n approved improvement security in the sum of FOUR HUNDRED THIRTY EIGHT OUSAND DOLLARS AND NO CENTS ($438,000.00) o secure the payment of material and labor in connection with the instal- at ion of said public improvements, which security is attached hereto, arked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the ity of Chula Vista, simultaneously with the execution of this agreement, approved improvement security in the sum of SEVEN THOUSAND DOLLARS D NO CENTS ($7,000.00) o secure the installation of monuments, which security is attached hereto, arkea Exhibit "c" and made a part hereof. 9. It is further agreed that if the public improvements are ot completed within the time agreed herein, the sums provided by said provement securities may be used by City for the completion of the blic improvements within said subdivision in accordance with the ecifications contained herein. Upon certification of completion by e Director of Public Works and acceptance of said work by City, and fter certification by the Director of Finance that all costs hereof e fully paid, the whole amount, or any part thereof not required for yment thereof, may be released to Subdivider or its successors in terest, pursuant to the terms of the improvement security. Ii ~ lOp t, / -2- I 1410 II 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 ~~2 approved imp~ovement security in accordance with the r~quir~ments of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Ilunicipal 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 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 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, 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; it~ off~~ers and employees, from any and all claims, demanns, causes of action, liabi.lity 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 ,ecurity shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or caking of property resulting from the construction of said subdivision and 'che public improvements as provided herein, to adj acent property o'vne:':; as a consequence of the diversion of waters in the construction a,d 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. TREETOPS UNLIMITED, a joint venture THE CITY OF ('HllLA VTSTA SUBDIVIDER: PACIFIC SCENE, INC. WJU-(: Mayor the City of Approv~~s t~ . ~(?,~ I-'~ City Attorney 1f-/tJ6t./ ~ ~ (kite (Attach Notary Acknowledgment) IAL SCENE INCORPORATED s: . ,/t --?;[l C~ ' -3- . STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55: 1411 On this 11th day of August ,1981, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur E. Johnson known to me to be the A<:st. Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED the , joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. e OFFICIAL SEAL CHRISTIANA WAGNER NOTARY PUBLIC" CALIFORNIA SAN DIEGO COUNlY My - ....... DEl: 2D, 1982 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this 11 day of August , 19 81, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary A. Gramling , known to me to be the Vice president, and Dl.ane E. 'l'hatcher , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. l ~h/ . . (l ,r;;:;t-<..- C l' J-X.vy ;f - /0 h h / :.'otaru PlAl1\? ic in and for said County und state. - \. ,\1'1"]('1 ^ L SEAL ('(!'1T! I:A L KELLY NO'T,1.\py PU8L1C - CALIFORNIA ?\~I JIEGO COUNTY My comm. eXDires SEP 12, 1981 Cynthia L. Ke lly 1412 (, ..~ .. LIST OF EXHIBITS E ibit "A" Improvement Security - Faithful Performance: Form:. Bond Amount: , $438,000.00 E ibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $438,000.00 E ibi t. "c" Improvement Security - Monuments: Form: Bond Amount: $7,000.00 Securities appro ~ City Attorney I rovement Completion Date: Two years from date of Council approval of the Subdivision Improvement Agreement !f~/[)~/;/ RESOLUTION NO. 10661 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 80-20 CHARTER POINT UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: N<M1, 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 80-20 Charter Point Unit 1 and more particularly described as follows: Being a subdivision of a portion of Parcel 3 as shown on Parcel Map filed in Book of Parcel Maps at page 4148 in the office of the County Recorder of San Diego County, October 14, 1975, said parcel map being a survey of that portion of the Easterly half of Quarter Section 16 of 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 County Recorder of San Diego County, May 11, 1869; lying Northwesterly of the Northwesterly line of Telegraph Canyon Road (Road Survey No. 1086-65) as described in deed to the County of San Diego, recorded April 18, 1967 as Instrument No. 53304. 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 street, to-wit: APACHE DRIVE, and said street is hereby declared to be a public street 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 ingress and egress for the construction of sewer, drainage, emergency access, slope, street tree planting, construction and maintenance of alley aprons , sidewalk ramps, pedestrian 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 street is accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, emergency access, slope, street tree planting, construction and maintenance of alley aprons, sidewalk ramps, pedestrian 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. -1- 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. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 13th day of October , 1981, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Approved Presented by '(7 /J 'i' ':1?7 -, )~~'?..-~~'~-- //", ~7' __,., . / rI' . "I.' 'J/'c '/ John P. Lippitt, City Engineer ~ George D. Lindberg, City Attorney COUNCIL of the CITY OF October ADOPTED AND APPROVED by the CITY VISTA, CALIFORNIA, this 13th day of , by the follo.ving vote, to-wit: CHULA 1981 AYES: Councilmen Cox, McCand1iss, Scott, Hyde, Gi110w NAYES: Councilmen None ABSENT: Councilmen None ~ . UJ~ 'l(~ ATTE ~ ~~ ~ Mayor of the City of Chula Vista Ci~ ;t;' 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. 10661 , and that the same has not been amended or repealed. DATED ff-/~"bl City Clerk -2- Form No. CA-4l0 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of . October , 19 81 , by and between THE CITY OF CHULA VISTA, a ~unicipal corporation, hereinafter called "City", and PACIFIC SCENE, INC. ~505 Congress Street, San Diego, California 92110 ~ereinafter called "Subdivider"; WIT N E SSE T H : :he he he WHEREAS, Subdivider is about to present to the City Council of City of Chula Vista for approval and recordation, a final subdivision of a proposed subdivision, to be known as CHARTER POINT UNIT 1 pursuant to the provisions of Subdivision Map Act of the State of California, and in compliance with provisions of Title 18 of the Chula Vista Municipal Code relating to filing, approval and recordation of subdivision maps, and ~he ~ap , WHEREAS, the Code provides that before said map is finally ~pproved by the Council of the City of Chula Vista, Subdivider must ~ave either installed and completed all of the public improvements ~nd/or land development work required by the Code to be installed in aubdivisions before final maps of subdivisions are approved by the qouncil for purpose of recording in the Office of the County Recorder qf San Diego County, or, as an alternative thereof, Subdivider shall ~nter into an agreement with City, secured by an approved improvement ~ecurity to insure the performance of said work pursuant to the require- ~ents of Title 18 of the Chula Vista Municipal Code, agreeing to install ~nd 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, ~nd WHEREAS, Subdivider is willing, in consideration of the ~pproval and recordation of said map by the Council, to enter into this greement wherein it is provided that Subdivider will install and com- lete, at Subdivider's own expense, all the public improvement work ~equired by City in connection with the proposed subdivision and will ~eliver to City improvement securities as approved by the City Attorney, aind , WHEREAS, a tentative map of said subdivision has heretofore ~een approved, subject to certain requirements and conditions, as con- tjained in Resolution No. 10276 ,approved on the 30th day of September, 1I9~, and WHEREAS, complete plans and specifications for the construction, ~stallation and completion of said public improvement work have been epared, submitted to and approved by the Director of Public Works, ajs shown on Drawings No. 81-313 through 81-323 inclusive, 81-370 and 81-361 through ffL-363 inclusive on file in the office of the Director of Public Works, and WHEREAS, an estimate of the cost of constructing said public i' provements according to said plans and specifications has been sub- 'tted and approved by the City, in the amount of EIGHT HUNDRED SEVENTY IX THOUSAND DOLLARS AND NO CENTS ($876,000.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements the tentative map resolution; to do and perform or cause to be done d performed, at its own expense, without cost to City, in a good and rkmanlike manner, under the direction and to the satisfaction and -1- 12- / tJ & t, I ~pproval of the ~irector of Public Works, all of the public improvement ,nd/or land development work required to be done in and adjoining said ~ubdivision; and will furnish the necessary materials therefor, all in ~trict 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 .. part hereof. . 2. It is expressly understood and agreed that all monuments ~ave been or will be installed within thirty (30) days after the com- pletion and acceptance of the required improvements, and that Subdivider ~as installed or will install temporary street name signs if permanent $treet name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will ~ause all necessary materials to be furnished and all improvements re- tUired under the provisions of this contract to be done on or before ~e.s~cond anniversary date of the recordation of the map of said sub- J.VJ.SJ.0n. 4. It is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion ~f said improvement work serving any buildings or structures ready for $ccupancy in said subdivision prior to the issuance of any certificate $f clearance for utility connections for said buildings or structures !n said subdivision, and such certificate shall not be issued until the $irector of Public Works has certified in writing the completion of said public improvements or the portion thereof serving said buildings or $tructures approved by the City; provided, however, that the improvement $ecurity 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 _bide 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 ~ity of Chula Vista, simultaneously with the execution of this agreement, .n approved improvement security in the sum of FOUR HUNDRED THIRTY EIGHT 1HOUSAND DOLLARS AND NO CENTS (~38,000.00) ~hich security shall guarantee the faithful performance of this contract Jt>y Subdivider and is attached hereto, marked Exhibit "A" and made a part l!1ereof. 7. Subdivider further agrees to furnish and deliver to the l'ity of Chula Vista, simultaneously with the execution of this agreement, n approved improvement security in the sum of FOUR HUNDRED THIRTY EIGHT HOuSAND DOLLARS AND NO CENTS ($438,000.00) to secure the payment of material and labor in connection with the instal- ~ation of said public improvements, which security is attached hereto, Iflarked Exhibit "B" and made a part hereof. . 8. Subdivider further agrees to furnish and deliver to the ~ity of Chula Vista, simultaneously with the execution of this agreement, ~n approved improvement security in the sum of SEVEN THOUSAND DOLLARS ~ND NO CENTS ($7,000.00) 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 *ot completed within the time agreed herein, the sums provided by said tmprovement securities may be used by City for the completion of the tUbliC improvements within said subdivision in accordance with the pecifications contained herein. Upon certification of completion by he Director of Public Works and acceptance of said work by City, and .fter certification by the Director of Finance that all costs hereof .re fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in ,!nterest, pursuant to the terms of the improvement security. If-106M -2- 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 ~penses of the work aforesaid, nor shall any officer, his sureties or ondsmen, be liable for the payment of any sum or sums for said work or ny materials furnished therefor, except to the limits established by he approved improvement security in accordance with the requirements f the State Subdivision Map Act and the provisions of Title 18 of the hula Vista lIunicipal Code. 11. It is further understood and agreed by Subdivider that ~y engineering costs (including plan checking, inspection, materials ~rnished and other incidental expenses) incurred by City in connection ~th the approval of the improvement plans and installation of public ~provements hereinabove provided for, and the cost of street signs and treet trees as required by City and approved by the Director of Public l~rks shall be paid by Subdivider, and that Subdivider shall have de- osited with City a sum on money sufficient to cover said cost. 12. It is understood and agreed that until such time as all rprovements are fully completed and accepted by City, Subdivider will I responsible for the care, maintenance of, and any damage to, the reets, alleys, easements, water and sewer lines within the proposed .bdivision. It is further understood and agreed that Subdivider shall ~arantee all public improvements for a period of one year from date of ~nal acceptance and correct any and all defects or deficiencies arising Iring said period as a result of the acts or omissions of Subdivider, s agents or employees in the performance of this agreement, and that on acceptance of the work by City, Subdivider shall grant to City, by propriate conveyance, the improvements constructed pursuant to this reement; provided, however, that said acceptance shall not constitute !waiver of defects by City as set forth hereinabove. I 13. It is understood and agreed that City, as indemnitee, or i y officer or employee thereof, shall not be liable for any injury to rson or property occasioned by reason of the acts or omissions of Sub- ' . vider, its agents or employees, or indemnitee, related to this agree- nt. Subdivider further agrees to protect and hold harmless City, its ficers and employees, from any and all claims, demands, causes of action, ability or loss of any sort, because of or arising out of acts or issions of Subdivider, its agents or employees, or indemnitee, related this agreement; provided, however, that the approved improvement curity shall not be required to cover the provisions of this paragraph. id indemnification and agreement to hold harmless shall extend to damages taking of property resulting from the construction of said subdivision d the public improvements as provided herein, to adjacent property ners as a consequence of the diversion of waters in the construction d maintenance of drainage systems and shall not constitute the assumption City of any responsibility for such damage or taking, nor shall City, said approval, be an insurer or surety for the construction of the bdivision pursuant to said approved improvement plans. 14. In the event that suit ~s brought upon this contract by 'ty to enforce the terms hereof, City'shall be-entitled to a reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agree- be executed the day and year first hereinabove set forth. TREETOPS UNLIMITED, a joint venture E CITY OF CHULA VISTA SUBDIVIDER: PACIFIC SCENE, INC. rkrJ. as~Or~bY . ~- ~p~v",,~--?- City Attorney (Attach Notary Acknowledgment) IAL SCENE NCORPORATED 1- /~:?6! -J- ,- ')_. 1861 'ZT d3S sa;!dxJ '(;'1l:JOJ ;;V~ AlNnO:J OD]iU i';'vS 'dIN~O,:Ul\f::> M JI181\d A?j\:1...0N kll:J.>i 'i \1'1111:\1.1\) 'lV..'i::l '1V Lh..'idU 7P AHa)! .'l1?14;JuA:) 'a~qs pup Ii.Ull0.j p,es IOJ pur' u, ::rrrqn 'reas rer:JrJJo pue puet[ IiUl SS:INJ,IM 'aUles at[~ pa~n:Jaxa osre aIn~Ua^ ~uro{ t[:Jns ~et[~ pue 'aIn~Ua^ ~uro{ pres JO IaIn~Ua^ ~uro{ se pue Iirrenpr^rpUr t[~oq 'awes at[~ pa~n:Jaxa uor~eIodIo:J t[:Jns ~et[~ aUl o~ paDparMOu~:Je pue '~uawnI~sur Urt[~rM at[~ pa~n:J -axa ~et[~ aIn~Ua^ ~uro{ at[~ 'aHJ,INI7Nfl SdOJ,HH~J, JO sIaIn~Ua^ ~uro{ at[~ JO auo aq o~ aw 01 UMO~ Duraq uor~eIodIo:J pres 'uor~eIodIo:J pres JO Jreqaq uo ~uawnI~sur Urt[~rM at[~ pa~n:Jaxa Ot[M suosIad at[~ aq o~ aw o~ UMOU~ Duraq suosIad pres '~uaUlnI~SUr urq~rM aq~ pa~n:Jaxa ~eq~ uopeIodIO:J aq~ 'aHJ,ll1IO~O:JNI :INH:JS 7TfI:JNllNId JO fiIe~aI:Jas +U1?+s,SSV aq~ aq o~ aw o~ UMO~ ' ;ro4;;+"4.1 ':;[ <:lU1?,G pue '~uaprsaId <:la,1\. aq~ aq o~ aw o~ UMO~ ' DUf lUle;rD .V A;r1?D paIeadde IirreuosIad 'a~e~s pue fi~uno:J pres IOJ pue ur :Jrrqnd IiIe~oN e 'pauDrSIapun at[~ 'aw aIOJaq '18 6r' +snbnv JO fiep 11 srq~ uo ~ /'11(7/ -/ 'SS ( ODHIa NTfS dO ;;J,NflO:J ( TfIN~0.ilI7Tf:J dO :IJ,TfJ,S :8il1 'oz ~lO IIJtdx. 'wwo:>.In . J.1NOO~ ~]IO INS 'dIN~O.;Ul'VO . :>nand ..uJ'o'J.ON . 111 ~:lN!')VM VNVIlSI~H:) '1'135 '1VI::lld.!lO 'ew-es e4~ pe~n::>exe OS\-e a..m~ua^ ~Ulor 4::>ns ~-e4~ pu-e 'a.J~ua^ Wlor Pl-es JO .Ja.Jn~ue^ ~Ul0r s-e pu-e ^l1-enpl^lPUl 4~oq 'aw-es a4~ pa~n::>axa uoq-e.Jod.JO::> Lpns ~-e4~ aw o~ pa5pa\Mou>j::>-e pu-e '~uawn.J~sul u14~lM a4~ pa~n::>axa ~-e4~ a.Jn~ue^ ~Ul0r a~ 'O:3..L1V\lIINn SdO..L33~..L JO s.Je.Jn~ue^ ~ulor a4~ JO auo eq o~ ew o~ UMOU>j 5uleq uoq --e.Jod.Jo::> Pl-es 'uoq-e.Jod.Jo::> Pj-es JO J\-e4aq uo ~uawn.J~sul u14~lM a4~ pa~n::>axe 04M suos.Jed a4~ eq o~ aw o~ UMOU>j 5ulaq suos.Jad Pl-es '~uawn.J~sul U1Y~lM a~ pe~n::>exa ~-e4~ uoq .-e.Jod.Jo::> a4~ ":::JN1 '3N3:::JS :::J1~1:::J'I1d JO '^.J-e~a.J::>es .~ssl7 a4~ aq o~ ew o~ UMOU>j Uosu40r .3 .JnqUM pu-e 'weplsa.Jd a::>l^ a4~ aq o~ aw o~ UMOU>j a\p.J-e:::J::>V\1 ~-ed pe.J-eedde ^l1-euos.Jad 'e~-e~s pu-e kjunoa Pl-es .JoJ pu-e Ul ::>qqnd ^.J-e~ON -e 'pau5js.Japun a4~ 'aw a.JoJaq 'l86\' ~sn5n'l1 JO ^-ep 4~11 s14~ uO , :ss (08310 N'I1S ~O A..LNnO:::J ('I11N~O~I1'11:::J ~O 3..L'I1..LS LIST OF EXHIBITS I t'bit i i tibit I IIAII Improvement Security - Faithful Performance: Form:. Bond Amount: $438,000.00 , "BU Improvement Security - Material and Labor: Form: Bond Amount: $438,000.00 ibit" "Cn Improvement Security - Monuments: Form: Bond Amount: $7,000.00 secu~_a~-:-t,9~ and amount by r City Attorney I rovement Completion Date: Two years from date of Council approval of the Subdivision Improvement Agreement ((-/066/ ; BOND NO: 731 13 53 BOND PREMIUM~$3,285.00 II BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and TREETOPS UNLIMITED. A JOINT VENTURE COMPOSED OF "'CIFIC SCENE, INC. AND FINANCIAL SCENE INCORPORATED (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as proj ect CHARTER POINT I]NIT 1 CHII A VI<;TA TPArT ~If) 1<0_,/0 ' is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and THE AMERICAN INSURANCE COMPANY , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of FOUR HUNDRED THTRTY-EH~HT THOU<;AND AND NO /100 ----------------------------- dollars ($ 41R 000 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 ;t1-IOh~ I II -2- 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: e:~E.)c'.lt:ed _.lQ],y 8 In witness whereof, by the principal and , 1981 this instrument has been duly surety above named, on THE AMERICAN INSURANCE COMPANY 2550 5th AVENUE, SAN DIEGO, CA 92103 BY: ~I . TEO BYU C ~ . ~ c=. ~c6--<-\f5? B~..--c""""Q r k-z;7'.,;/~=-rl'A BY: Contractor PRINCIPAL [ t/;--K6 S NANCY E. GROVE APPROVED AS TO FORM: ~~~ City Attorney r PW-E-34 Ii-left! ,...---- State of CALIFORNIA I ss' County of SAN DIEGO \ . JULY 8, 1981 therein, duly commissioned and sworn, personally appeared On , before me, a Notary Public in and for said County and State, residing NANCY E. GROVER known to me to be Attorney.in-Fact of THE AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. PRINCII>41 OFfiCE IN ~ 5^"f I)' roo "-'Ot.I"fn ~ L? / / / My Comminion hpire. July 26, 1981 i'f. I J - .0 f!.? /:I I ~6:ZS~ji'':'a~,.,c:.:6L.'~;:-k'::'~;. '. ,-.- ,._:.,:~r; t'....;:HlNl .~ IN WITNESS WHEREOF, I 360212-6-66 ffixed~fficial seal, OFFICIAl SUI ,,/ ADELVIN M. SIEVERS - .. ~ .", My Commission Expires STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this 8th day of July ,1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Bregante , known to me to be the Executive V. President, and Diane E. Thatcher , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who 'executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. official seal. /! ~ . OFFICIAL SEAL NONE BAilEY NOTARY PUBLIC. CAUF'ORNIA SAN DIEGO COUNTY My comm. expires APR 30, 1984 WITNESS my hand and STATE OF CALIFORNIA) ss: COUNTY OF SAN DIEGO) I!-/~??I On this 8th day of July , 1981, before me, the undersigned, a Notary . Public in and for said county and state, personally appeared Pat McCardle , known to me to be th~ Vice President, and Wilbur 1::.. JOhnson , known to me to be the Asst. Secretary, of PACIFIC SCENE, INC., the corpor' tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, th, joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. G) OFFICIAL SEAL CHRISTIANA WAGNER NOTAPlY PUBLIC - CALIFORNIA SAN DIEGO COUNTY ~ My <tlmm. expires DEC 20. 1982 ~ state. ---.. --- Slale 01 CALIFORNIA/ ss County 01 SAN DIEGO \ . II JULY 8, 1981 therein, duly commissioned and sworn, personally appeared On , before me, a Notary Public in and for said County and State, residing known to me to be Allorney-in-Fact of NANCY E. GROVER THE AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf 01 the said corporation, and he duly acknowledged to me that such corporation executed the same. 360212-6-66 a~~8~ff.i"'.'al se~_the--ryY and year .~e~in thiS7e.rlifi "above. OfFICIAl SEAl ~,,//-/.t -' -7- .,/ . . ADELVIN M. SIEVERS ill' // // /... / ..?'2;;? ~>., ./ d " ~ ~1~(iRN~... Of ---;? --- -:::::.p~/~ ~.. :::::::::....___C_<_L_. c'-c.. PR,N(lPA"l OfFICE IN Q5 Notarf Public .t, S^"I l)froO r-C\tl..."y ..t' My Commiuion E:l{pires Jufy 26, 1981 ~ ~ - / () 661 ~o.:s,~.l?jr:..6~,_,L:::;,C:~:)o; - :'995, IN WITNESS WHEREOF, I .) t" My Commission Expires STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this 8 th day of July, 19 R, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Bregante , known to me to be the Executive V. President, and Diane E. Thatcher , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. OFFICIAL SEAL NONE BAilEY NOTARY PUBLIC. CAU.eORNIA SAN DIEGO COUNTY My camm, expires APR 30, 1984 STATE OF CALIFORNIA) ss: COUNTY OF SAN DIEGO) !l-/V&t,/ On this 8th day of July , 1 9 81, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur 0:.. JOhnson known to me to be the Asst. Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. ~~~ Q) OFFICIAL SEAL , . . '. ... CHRISTIANA WAGNER '. ,m. ~... NotAIrf PUBLIC - CALIFORNIA I' SAN DIEGO COUNTY ~, ~.~, My tc'TIi'!1. expires DEe 20. 1982 L_~. ;;;;-~~~.~ ~ . GENE~ AI. , PO".:.. m' A:rTOkNLY II THE AMERICAN INSURANCE COMPANY KNOW ALL MEN Ii\' THESE PRESENTS: Thai THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and appointed. and does by these presents make. conslttule and appoint WAYNE G. PLAZAK and NANCY E. GROVER 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 ex.ecute. seal. acknowledge and deliver any and all bonds. undertakings. recognizances or other written obligations 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 altested by its Secretary. hereby ratifying and confirming all that the said Attorneyls)-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 THE AMERICAN INSURANCE COMPANY now in full force and elfecl. "Article VIII, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 3D, Appointment. The Chairman of the Board of Directors, the President, any Vice-?iesident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment. It This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMf-ICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on 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 of attorney. or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon {he Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 2 3 r d day of Ma r ch 19 ~ . THE AMERICAN INSURANCE COMPANY Lc\i..f.'~ ~ W .~_....t-- "' By Vi~e-Pre\ident STATE OF CALIFORNIA, CITY AND COl'NTY OF SAN FRANCISCO } <S. 23rd March 81 William W. Lauber On this day of , 19 _ , before me personally came . (0 me kno\'m, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name therelo by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first ahove written. .............lI.....................................II..I.. : OFFICIAL SEAL ! : ~'-'" , SUSIE K. GILBERT a -.- ,'" .'; NOTARY Pll8L1C . CAUFORNIA !! .. -, CITY I COUNTY OF SAN FRANCISCO - E .' My Commission Expires Nov. 17. 19841 1.....11"".....11111....._.......--.... !?- IObi/ d:~.' -~~~ Nlllar~' Puhlj~ CERTIFICATE STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO } 55. I, the undersigned. Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Artkle VIII. Sel,:- nons 30 and 31 of the By-Ia....s of the Corporat1on. and the ResolutIon of the Board of DIrectors, set fOrlh In the Po....er of Attorney, are now In for(,;e tl SIgned and sealed at the CIty and County of San FranCISCO Dated the r - day of /- . 19.1i .~ k- Re\idenl A\\i\1anl Secrclary 380711-TA-11-80 BOND NO: 731 13 54 BOND PREMIUM: $53.00 SURVEY MONUMENT INSTALLATION BOND TREETOPS UNLIMITED, A JOINT VENTURE OF PACIFIC SCENE, INC. & KNOW ALL MEN BY THESE PRESENTS, That I/l'Ie FINANCIAL SCENE INCORPORATED as the subdivider and Principal, and the THE AMERICAN INSURANCE COMPANY a Corporation of the State of NEW JERSEY , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- di tions hereof, in the penal sum of SEVEN THOUSAND AND NO/100------------------- ($ 7,000.00 ) lawful money of the United States of America, to' be paid to the said City of Chula Vista. II WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as CHARTER POINT UNIT 1 subdi vision in the City of ChulaVista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and I'IHEREAS, 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 date, NOI" THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by (name of W R. NOTHO~ , as per the final map of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- 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 time of giving of this bond, on or before the expiration of thirty (30) consecutive days follo~in9 completio: and acceptance of public improvements within said subdivision, thEn the obligation shall be void, otherwise to remain in full force and effect. IN I'IITNESS WHEREOF, the said Principal and Surety have hereunto set their handS', this 8th day of JULY , 1981 APPROVED AS TO FORM: ~~7 City Attorney " BY: BY. BY. BY ~ ~- II -/0/6/ PW-E-34 STATE OF CALIFORNIA) ss: COUNTY OF SAN DI EGO) 1-/~6b/ II . On this 8th day of July , 1981, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur E. Johnson known to me to be the Asst. Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture, and that such j oi t ure PP'ldt~i:. jl , same. CHRISTIANA WAGNER ~OTARY PUBLIC. CAlIFQRNI a. SAIl DIEGO COUNlY My comm. expires OfC 20. 1 WIT ~-e:-........-t::>--:-1 ,.,..... , _,.or' . -"'1 . 0' _, ) (".,0:".":....",.1\ WAGt'-Ir:" NOTARY PUBLIC" CAl1FORN;t SAIl DIEGO cOU/I1Y My eomm. expires OfC 20. l~Z_1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this 8th day of Julv ,19--1L:h before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Breqante ' known to me to be the Executive Vice president, and ni ane F.. Tha t",h"r , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. ( OFFICIAL SEAL NO'NE BAilEY NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm, expires APR 3~984 I( State of CALIFORNIA I County 01 SAN DIEGO \ 5S: On JULY 8, 1981 ' before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared NANCY E. GROVER known 10 me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. 360212-6--66 ;;_/-,66 ~ OffICtAl SEAl ADELVlN M. SIEVERS fficial seal, the ~d year st~ /~/" / /~ (____ ,,"- b "h" 'f' ,....,-C2 n t IS cerh lCOV"' a.&,l.i.7ve. / " -------..----';/ ...---;/ .--- _/ ? ""~ IN WITNESS WHEREOF, I My Commission Expires il~OINl ~':~'NCI"AI.l OffiCE IN ';:'''1 c'r-GO r.OUHfY r6 My COllunj_s~i:)A hpires July 26. 1981 ~ , ":i68'!..i1':'66i.::':::x.~.:.i~,_ c ,':;'.:';,~5t252Sll Notary/Public - t=fo;'lEIlJ,..L ~\ t',:iK 01' AlTORNEY II THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS; That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the 1.lws of the State of New Jersey. and having its principal office in the City and County of San Francisco. California, has made, constituted and appointed. and does by these presents make. constitute and appoint WAYNE G. PLAZAK and NANCY E. GROVER 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 obligations 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. Seclion 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-~iesident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time. appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966, and said Resolution has not been amended or repealed: ""RESOL VED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on 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 of attorney. or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation:' IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents t(l be signed by its Vice-President. and its corporate seal to be hereunto affixed this 23rd day of March 19 ~ . THE AMERICAN INSURANCE COMPANY Lci.lP, . _ fA> .~ _'t..t- . , By Vi~e.Pre~idenl STATE OF CALIFORNIA, CITY ANI) COUNTY OF SAN FRANCISCO } 55, 23rd March 81 Wi 11 iam W. Lauber On this day of , 19 _ , before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which cxe~'uted the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument ;s such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and thai he signed his name IherelO 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. .I.III"II.IIII..I.,IIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIII. 5 OFFICIAL SEAL ! 5 e SUSIE K, GILBERT ii i -~ _ '; NOTARY PUBLIC. CALIFORNIA I - . , OTY & COllIITY OF SAN FRANCISCO - i-My Commission h:pires No.... 17. 19841 .IIIU....II..IIIIIII___...._--... ~~,f'~L ~e~~ N"lilrv Puhli~ CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO } 55, I, the undersigned, Resident Assistant Secrelary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Boar;;1 of Directors, set forth in the Power of Attorney. are now in force. -.[j{. f ---- dayof , 19.d. Signed and sealed at the City and County of San Francisco. Dated the ;1~/tJ6tl ~ Re~idenl A~~I~lant Sc..:rctary 360711.TA-11-l1O ,. II . \ BOND NO: 731 13 53 BOND PREMIUM: INCLUDED BOND FOR MATERIAL AND LABOR HHEREAS, the City Council of the City of Chula Vista, State of California, and TREETOPS UNLIMITED. A JOINT VENTURE COMPOSED ,CIFIC SCENE, INC. & FINANCIAL SCENE INCORPORATED (hereinafter designated as "Principal") have entered l.nto an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project r.HARTF:R POTNT lJNTT 1 . Q-fULA VISTA TRACT NO. 80-20 , is hereby referred to -and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment 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, materialmen 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 FOUR HUNDRED THIRTY-EIGHT THOlJSAl:/D AND NO/1PO----------------- dollars ($ 438.000.00 ), for materl.als furnl.shed or labor thereon of any kind, or for amounts due under the Unemployment 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 this 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 successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment 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 (commencing 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 condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. !-/()b61 II -2- The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. duly In witness executed by the JULY 8 whereof, this instrument has been principal and surety above named, 1981 on THE AMERICAN INSURANCE COMPANY llY: FINANCIAL SC E INCORPORATED ::: ~~~~~t~~~ ~H Contractor a.: A 2550 5TH AVENUE, SAN DIEGO, CA 92103 '{,e ~./1ar(r ;;.'~~ S, ety NANCY E. GROVER, ATTORNEY-IN-FACT APPROVED AS TO FORM: -N~~ ,~ ~_. ~4 ~:2,,:c/C~__ City Attorney PW-E-34 .^-/['H/ I II Slale 01 CALIFORNIAI -l:::ounly 01 SAN DIEGO' 55: On JULY 8, 1981 , before me, a Notary Public in ond for said County and State, residing therein, duly commissioned and sworn, personally appeared NANCY E. GROVER known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE CO:MPANY the corporation described in and that executed the within and foregoing instrument, and known 10 me to be the person who executed the said instrument ir. behalf of the said corporation, and he duly acknowtedged to me that such corporation executed the same My Commission Expires and affixed my official seal, the day and year stated---i.n this certifica~b~ve. 5?2522525&1i'~ /_ / ) / / / OFRCIAl 51:=AI ~ '/-------,/, '------------'._____/----~ ADELVIN M. SIEVERS ~ /~~"'/~_____...-J<< ~~~.L.~ " ,H.JMNIA ~l - -- - ~ ~~~):"~:'P^l Offln IN ~ Notary Public "r' ~. '.! ;V':GO r(ll):-H'f IN WITNESS WHEREOF. J!~li-;2? / ~ f~ My COMmission [1{pires July 26. 1981 ~i 'T;.:>~i~'_'J.:.':l,',':.!..~":'_;'':'~-:J''. "J~ STATE OF CALIFORNIA) ss: COUNTY OF SAN DIEGO) On this 8th day of .July ,1981, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur E. .Johnson , known to me to be the Asst. Secretary, of PACIFIC SCENE, INC., the corpora tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion peing known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. . OFFICIAL SEAL CHRISTIANA WAGNER NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY My ....m. .~... DEC 20, 1982 I STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this R H, day of Jul y ,19 ~1 before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Breqan te , known to me to be the Execu ti ve Vice President, and Diane E. Thatcher , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. (/ .'\ If-/oil/ OFFICIAL SEAL NO'NE BAILEY NOTARy PUBLIC CAlI~ORNIA SAN DIEGO COUNTY My comm. expires APR 30, 1984, ~ d County and State. '-- GENLRAL POWER OF ATTORNEV II THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and eXisting under the laws of the Slate of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and appointed. and does by these presents make. constitute and appoint WAYNE G. PLAZAK and NANCY E. GROVER jointly or severally its true and lawful Attorney(s)-in-Pact. 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 obligations 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 hy its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Th. )wer of altorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full forcr: and effect. "Article VIII, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice.;>iesident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Altorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fa..l, .nd Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED.that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of atlorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents 10 be signed by its Vice-President. and its corporate seal to be hereunto affixed this 23rd dayof March 19~. THE AMERICAN INSURANCE COMPANY Lc.itP- '_ W.~"'i."- , By Vice-Pre\ident STATE OF CALIFORNIA, ClTV AND COliNTV OF SAN FRANCISCO } 55. 23rd March 81 Wi 11 iam W. Lauber Onlhis dayof , 19 ~, before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument i~ 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. ...........,.1................................,,1.1111,... 5 OFFICIAL SEAL ! i 6- '. SUSIE K. GILBERT i i- . -~ .. ; NOTARY PIIILIC . CAUFORNIA 5 _' .: CITY , COUNTY OF SAN FRANCISCO .- = . My Commission Expires Nov. 17. 1984 i...u..l.n..I.....II....,_._--~--lll1 d:.-<<.' _~~L~e~ Nlllar} Pulllic CERTIFICATE STATE OF CALIFORNIA, CITV AND COliNTV OF SAN FRANCISCO } ss. I, the undersigned, Resident Assistant Secrelary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Artide VIII, Sel.:- tions 30 and 3, of .he By.laws of the Corporation, and the Resolution of the B~ OlTee!ors, set forth in the P:"j of Allorney, are no" in fO,r9" ,4 Signed and sealed at the Cuy and County of San FranCISco Dated the f>"v::;::::::.. day of v--- tl/--- .4: 1!-/tJM/ ~ R(',idenl As\iqant SCl.rclar~ 380711-TA-11-60 BOND NUMBER: 731 13 72 BOND PREMIUM: $12,000.00 . I. BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and TREETOPS UNLIMITED, A JOINT VENTURE OF PAr.Tl'lC SCENE, INC. AND FINANCIAL SCENE TNCORPORATRn (hereinafter des~gnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project TRTRr.RAPH rANVON "nAn nl.CO~T1NCYON hTTf Gj^~TElii POUlT WIl~IVISIQN ' ~s ere y re erre to and ma e a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and THE AMRRTr.AN TN~TrnANrR rm.\p^,,11 ' as surety, are held and firmly bound unto the C~ty of Chula vista, hereinafter called "City", in the penal sum of ONE MILLION SIX HUNDRED THOTl~ANn ANn NjLlnn ----_____________________ dollars ($ 1.600.000.00 ) lawfu 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 /-ltJ6b/ , ...... II -2- 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: In witness whereof, this instrument has been duly executed by the principal and surety above named, on c:.PP'T'T'M'Rl<'"U '3n , 19 81 BY: THE AMERICAN INSURANCE COMPANY BY: BY: AND FIN BY:" BY,: , NANCY E. GROV R, ATTORNEY-IN-FACT o Surety . - APPROVED AS TO FORM: ~~~ City Attorney PW-E-34 Ii - jtJ61/ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55: II On this 30th day of September ,19 8~ before me, the undersigned, a Notary Public in and for said county and state, personally appeared P"t- Mr(""rill" known to me to be the Vice President, and Wilbur E. Johnson , known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to me to be the persons' who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my rJ.- a!:;? official seal. ~[9J %- /tJ"j/ Notary Public in and for said county and state. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On this 30 day of Sept. , 1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Breqante , known to me to be the Exec. Vice President, and Gary A. Gramlinq , known to me to be the Vice President ~K~ of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and OFFICIAL SEAL DIANE E THATCHER NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY _omm. expires OCT 23, 1984 OFFICIAL SEAL DIANE E THATCHER NOTARY P CALIFORNIA SAN DIEGO COUNTY My camm. expires OCT 23, 1984 ,--<-. . Notary Public in and for said County and State. 4-/ jIb / State of CALIFORNIAI ss. County of SAN DIEGO\ . On SEPTEMBER 30, 1981 therein, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and Slate, residing NANCY E. GROVER known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation described in and thai executed the within and foregoing instrument, and known 10 me 10 be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto sel my ,hand and affixed my official seal. ~~y and year stat.E3:li~t~ this certi~tp above. 3602 t 2-6-66 Notary Public --- ,- OFFICIAL SEAL r. \ ~ /FRS NOTARY PUBLIC - CAliF JfW1A SAN OIE~O cou~n' ,,('_ ( ~~~.:~~_~~~s_,:~~?~.} w_"~~ ~~U" / // _~:-~,,:,'_~~'_": 4. My Commission Expires ~-/06' / ~.Ei"E"::AL roWER OF ATTORNEY II THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and appointed. and does by these presents make. constitute and appoint WAYNE G. PLAZAK and NANCY E. GROVER 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 obligations in the nature thereof -- ______ ___ _ -___ _- ____ __ ____ and 10 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 Altorney(s)-in-Fact may do in the premises. Th, lwer of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIJI, Appointment and Authority Assistant secretaries, and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 3D, Appointment. The Chairman of the Board of Directors, the President, any Vice-~Iesident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors. the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fa...l, .nd Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of allorney. on 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 of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 23rd day of March 19 ~ . THE AMERICAN INSURANCE COMPANY Lou'. . _ W.~ fIl'"l- - ~ Vice.Pre~idenl By STATE OF CALIFORNIA. } 55. CIT\' AND COUNTY OF SAN FRANCISCO 23rd March 81 On Ihis day of , 19 _ , before me personally came to me known, who, being by me duly sworn, did depose and say: thai he is Vice-President of THE AMERICAN INSURANCE COMPANY, {he Cor~ poralion described in and which exe~'u(ed the above instrument; that he knov.'s the seal of said Corporation; that the seal affixed to the said instrument i~ such corporate seal; that it was so affixed by order of the Board of Directors of said Corporalion and that he signed his name thereto by like order. Will iam W. Lauber IN WITNESS WHEREOF. I have haeunto set my hand and affixed my official seal, the day and year herein first above written. .............au..................................IIIIII.. 5 OFFICIAL SEAL 5 I e- '. SUSIE K. GILBERT I -. .'~ .; NOTARY PUllIC . CAUFORNIA 5 '. :.: CITY & COIIHTY Of SAN flAHClSCO E I . My Commission Expires Nov. 17, 1984 I .........0...1...11_.___---... d:.-.- -~~~ NutaryPUhlic CERTIFICATE STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO } ~. I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COf\1PANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. C1l Signed and sealed at the City and County of San Francisco. Dated the ... 30 - day of ~ , 19 U tf-;;166/ k- Re\idenl Av;.i\lant Secretary 360711-TA-11-80 \ II .. AVE EAST "H" ST. 16$ + fJ4,42 END STREET IMPROVEMENT .0 , 1l0~ ~, \ ..,.~ )....-, t'o.\ \ " .tll wI \" S' \ "'\ " f." u , ...'/1 d;" , ..., I .( P ,'" / Q. I ..,I' V / ""- SU~ cO " , ,- ,-" 97 + 60 APPROx. LOCAT PASEO RA'/O/V OF CHERO SLOPE PROTECTION I 24/0 L F: ' 12'-16:. WIDENING ~I TO THE NORTH ' 'J::. ,~ ,q: let: I (:) I~ I " 'lv I f... 7~ + 50 ~ BEGINNINg OF PROPOSED FOUR LANE WIOENI'NG . CASA PAScO $00' TRANSITION PAVIN(J AVE. DRAWN BY L. M. G. TITLE TELEGRAPH CANYON ROAD ORIGINAL PROPOSAL BY PACIFIC SCENE AND THE GERSTEN COMPANY D AT E 8-26-81 ~. /Pt.rf/