HomeMy WebLinkAboutReso 1980-10374
Revised 1/8/81
RESOLUTION NO. 10374
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MAP OF VILLA SAN ~lIGUEL, REJECTING
OFFER OF DEDICATION OF A PUBLIC STREET, k~D ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS
GRk~TED ON SAID t1AP IHTrIIN SAID SUBDIVISION, AND
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAIl) SUBDIVISION AND AUTHORIZING THE
t1AYOR TO EXECUTE SAI~
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 finds that that certain map survey
entitled VILLA SAN MIGUEL and more particularly described as
follows:
A portion of Quarter Section III of Rancho de la
Nacion, in the County of San Diego, State of
Californin, according to Map thereof No. 166, filed
in the Office of the County Recorder, May 11, 1869
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 rejects
the offer of dedication on behalf of the public the public street
known as Lion Circle on said final map, reserving the right to
accept said offer during a twenty-five (25) year period from the
date of adoption of this resolution.
BE IT FURTHER P~SOLVED that said Councii hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction and maintenance of
sewer and drainage facilities, and generalutilities, all as
granted and shQlom on said map within said subdivision, subject to
the conditions set forth therein.
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, i.e., Lion Circle, has been rejected with a reservation
for a future street, and that those oertain easements with the
righ.t of ingress and egress for the oonstruotion and maintenance
of sewer and drainage facilities, and general utilities and access
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.
BE IT FURTHEk imSOLVED that the City Clerk and t11e City
Engineer be, and the same are hereby authorized and directed to
withhold the recordation of this resolution and the final map
until appropriate security arrangements have been made in
accordance with the terms of this resolution
-1-
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BE IT FURTHER RESOLVED that that certain improvement
agreement dated the 29th day of December, 1980, 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.
Presented by
Approved as to form by
151 John P. Lippitt
John P. Lippitt, City
Engineer
~~
George D. Lindberg, City A torney
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198---1-, by the follONing vote,
by the CITY
13th day of
to-wit:
COUUCIL of the CITY OF
Januarv
AYES:
Councilmen
Scott, Gillow, Hyde, Cox, McCandliss
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
ATTEST 151 Jennie M. Fulasz
Ci ty Clerk
151 Will T. Hyde
Mayor of the City of Chula Vista
STATE OF C,~IFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, .JENNlE M. FULASZ , 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. 10374
and that the same has not been amended or repealed. DATED
January 15, 1981
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Revised 1/8/81
RESOLUTION NO.
10374
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MAP OF VILLA SAN MIGUEL, REJECTING
OFFER OF DEDICATION OF A PUBLIC STREET, AND ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS
GRANTED ON SAID t1AP WITHIN SAID SUBDIVISION, AND r
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEt1ENTS
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:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista finds that that certain map survey
entitled VILLA SAN MIGUEL and more particularly described as
follows:
A portion of Quarter Section 111 of Rancho de la
Nacion, in the County of San Diego, State of
California, according to Map thereof No. 166, filed
in the Office of the County Recorder, May 11, 1869
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 rejects
the offer of dedication on behalf of the public the public street
known as Lion Circle on said final map, reserving the right to
accept said offer during a twenty-five (25) year period from the
date of adoption of this resolution.
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 and maintenance of
sewer and drainage facilities, and general utilities, all as
granted and shown on said map within said subdivision, subject to
the conditions set forth therein.
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, i.e., Lion Circle, has been rejected with a reservation
for a future street, and that those certain easements with the
right of ingress and egress for the construction and maintenance
of sewer and drainage facilities, and general utilities and access
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.
BE IT FURTHER RESOLVED that the City Clerk and the City
Engineer be, and the same are hereby authorized and directed to
withhold the recordation of this resolution and the final map
until appropriate security arrangements have been made in
accordance with the terms of this resolution
-1-
BE IT FURTHER RESOLVED that that certain improvement
agreement dated the 29th day of December, 1980, for the completion
of improvemen.ts 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.
Presented by
Approved as to form by
..#~,~
George D. Lindberg, City torney
LL ;; ~~ ~
~J--h. L" ,
o n P. ~pp~tt, C~ty
Engineer
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198 1, by the follcwing vote,
by the CITY
13th day of
to-wit:
COUNCIL of the CITY OF
January
AYES:
Councilmen Scott, Gillow, Hyde, Cox, McCand1iss
NAYES:
Councilmen None
ABSENT:
Councilmen None
ATT",a~~ /3; ~
~ City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
G0~ ~(~
Mayor of the 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. 10374
and that the same has not been amended or repealed. DATED
City Clerk
lo~ 71'
Exhibit "A"
Exhibi t "B"
Exhibi t. "e"
LIST OF EXHIBITS
Improvement Security - Faithful Performance:
Form: Bond
Amount: $181,500 .00.
I
Improvement Security - Material and Labor:
Form:
Bond
Amount: .$181,500.00
Improvement Security - Monuments:
Form: Bond.
Amount: $5,000.00
Securities approv as to form and amount by
~.
Improvement Completion Date:
/6 37 C(
Two Years from date .of Council approval bf
the Subdivision Improvement Agreement
;
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,
Form No. CA-410
Rev. 8/76
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of
January , 19 81 , by and between THE CITY'OF CHULA VISTA, a
municipal'corporation, hereinafter called "City", and L & !1 PROFESSIONAL
CONSULTANTS, INC., 1224 Prospect Street, La Jolla, California 92037
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 VILLA SAN MIGUEL,
Chula Vista Tract No. 79-15, 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 (j)f 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; al'l 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
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. 9540 , approved on the 27th day of March,
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. Director of Public Works,
as..shown. on Drawings No. 80-138 through 80-152 , 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 SIXTY
THREE THOUSAND DOLLARS AND NO CENTS ($363,000.00)
NOW, THEREFORE; IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS:
1. Subdivider agrees to comply with all of the requirements
of the tehtative 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
-1-
approval of the Director of Public Works, all of the public. improvement
and/or land'development work required to be done in and adjoining said
subdivision, and 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'0ffice 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 agree's 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 EIGHTY ONE
THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($181,500.00)
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 EIGHTY ONE
THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($181,500.00)
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 FIVE THOUSAND DOLLARS
AND NO CENTS ($5,000.00)
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 wi thin the time agreed herein, the .., sums provided by said
improvement securities may be used by City for the completion of the
public: improvements ,. wi thin 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.
-2-
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.Lv. .1.L.L~ aJ..;:iu tA1:-'-LCww..L.t o.";j-Lce:u. Cl.J.lU U.HUt.;-L~l-Uvu.~:t l...H'C .l:-'Cl.J..l-...LCW
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.
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 agreed that until such time as all
improvements are fully completed and accepted by City, Subdivider will
be responsible for the care, maintenance of, and any damage to, the
streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall
guarantee all public improvements for a period of one year from date of
final acceptance and correct any and all defects or deficiencies arising
during said period as a result of the acts or 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, 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 ~s brought upon this contract by
ci ty to enforce the terms hereof, City" shall be """nti tIed to a reasonable
sum as attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA SUBDIVIDER: L & M PROFESSIONAL CONSULTANTS
ATTE'Y;4141'/,; -/}} 1\*'.ed.<7:j" I/; e e - Ik~s I,c, e AIr
/" '- City Clerk
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Approved as to form by (Attach Notary Acknowledgment)
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State of California
County of San Diego
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On December 29, 1980, before me, the undersigned Notary Public
in and for said state personally appeared HENRI S. LAGATELLA known to
me tobe the VICE-PRESIDENT of the Corporation that executed the within
instrument, known to me to be the person who executed the within
instrument on behalf of the Corporation therein named and acknowledged
to me that such Corporation executed the within instrument pursuant
to its bylaws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
~~
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CHULA VISTA TRACT NO, 79~/5
VILLA SANMIGUEL ~:"....,
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BOND #391637
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and L&M PROFESSIONAL CONSULTANTS, INC.
(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 VILLA SAN MIGUEL
TRACT 79-15 , 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 ONE HUNDRED EIGHTY ONE THOUSAND
FIVE HUNDRED AND NO/I00-------------dollars ($ 181,500.00 ), for
materials furnished 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.
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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.
In witness
duly executed by the
MARCH 11,
whereof, this instrument has been
principal and surety above named, on
19 81
L&M PROFES IONAL
INSURANCE COMPANY OF THE WEST
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WESTFALL, ATTOR}J~N-FACT
ROBIN S.
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Surety
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APPROVED AS TO FORM:
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pty Attorney ~
PW-E-34
!6371'
Acknowledgement of Surety
State of California
County of San Diego
On thi s 11th day of
Robin S. Westfall
of Insurance Company of the West and
within instrument.
In witness whereof, I hereto set my hand
this certificate first written above.
March
1981 , before
, known to me to
acknowledged to me that
me personally appeared
be the Attorney-in-Fact
s-he executed the
and official seal on the day and year in
Ji~
OFFICIAL SEAl
-," CECILY M. GIPSON
'-<Ii . . NOTARY PUBLIC. CALIFORNIA
@ Principal Office in San Olego Coonly
... My Commission Exp. Aptil6. 1984
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ICW 315 (9/76)
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. Notary Public
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the
laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
ROBIN S. WESTFALL
its true and lawful Attorney{sl-in-Fact, with full power and authoritY hereby conferred in its name, place and stead, to execute, seal, ilcknowled~e and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof _____ __ ______________
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of
the Company, and either the President or Secretary. the Board of Directors or Executive Committee may at any time remove su'ch Attorneys-
in-Fact and revoke the Power of Attorney give him or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be
signed by its duly authorized officers this Sixth day of June~, 19~_.
INSURANCE COMPANY OF THE WEST
.~
9~---- . .
PresIdent
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
On this Sixth day of June A.D., 19---1.L, before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego. duly commissioned and qualified, came JAMES B. RATHBUN President. of INSURANCE COMPANY OF THE
WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged
the execution of the same. and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid:, and that
the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature
as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
'IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego. the day and year first
above written.
OFFICIAL SEAL
~ CAROLE POWER
, NOTARY PUBLIC. CALIFORNIA
. Principal Office. San Diego Co. Calif.
My Commission Exp. Oct. 10. 1981
{l~
~
Notary Public
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
t. the undersigned. Richard S. King Secretary of the Insurance Company of the West, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect, and has not
been revoked.
IN WITNESS WHEREOF,
this 11th day of March
I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
19~.
ICW CAL 37
I 0 )'7[1
I
-BOND #391637
I
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and L&M PROFESSIONAL CONSULTANTS, INC.
(hereinafter deslgnated 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 VILLA SAN MIGUEL
TRACT 79-15 , 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
INSURANCE COMPANY OF THE WEST , as surety, are
held and firmly bound unto the City of ,Chula Vista, hereinafter
called "City", in the penal sum of ONE HUNDRED EIGHTY ONE THOUSAND
FIVR HUNDRED AND No/1oo-----------------dollars ($ 181,~oo.oo
lawful money o'f 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
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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:
N/A
In witness whereof,
executed by the principal and
MARCH 11, , 19 81
this instrument has been duly
surety above named, on
INC.
INSURANCE COMPANY OF THE WEST
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ROBIN S. WESTFALL, ATTORNEY-IN-FACT
Surety
APPROVED AS TO FORM:
~~~~~->q"
,,<ity Attorney ~
PW-E-34
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Insurance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the
laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
ROBIN S. WESTFALL
its true and lawful Attorney(sl-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 -___~__ _~ __________ _____
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-
in-Fact and revoke the Power of Attorney give him or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused
signed by its duly authorized officers this Sixth day of June
its official seal to be hereunto affixed and these presents to be
.19--'L.
INSURANCE COMPANY OF THE WEST
.~
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STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
On this Sixth day of June A..D., 19~ before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE
WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged
the execution of the same, and being by me duly sworn, deposeth and saith. that he is the said officer of the Corporation aforesai4, and that
the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature
as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal. at the City of San Diego, the day and year first
above written.
OFFICIAL SEAL
@ CAROLE POWER
. . NOTARY PUBLIC. CALIFORNIA
. '. Principal Office. San Diego Co. Calif.
My Commission Exp. Oct. 10, 1981
(!~
~
Notary Public
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
I, the undersigned, Richard S. King Secretary of the Insurance Company of the West; do hereby certify
that the original POWER OF AITORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not
been revoked.
IN WITNESS WHEREOF. I
this 11th day of March
have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
19~
ICW CAL 37
1.637<{
BOND #391641
SURVEY MONU~lliNT INSTALLATION BOND
KNOW ALL ~lliN BY THESE PRESENTS, That I/We L&M PROFESSIONAL CONSULTANTS, IN
as the subdivider and Principal, and the INSURANCE COMPANY OF THE WEST
a Corporation of the State of CALIFORNIA , 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 FIVE THOUSAND AND No/I00-----------------------
($ 5,000.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as VILLA SAN MIGUEL - TRACT 79-15subdi vision in the
City of Chula"Vista, in accordance with the co~ract for Completion of
Improvements authorized by Resolution /~37 , 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 date,
NOH, THEREFORE, the condition of the above Obligatio?1~e
Principal shall have set durable monuments of the survey by
~ (name of
, as per the final map of said subdivision, a copy of
Engineer
which is on lIe 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 following completic
and acceptance of public improvements within said subdivision, then the
obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal
their hands", this 11th day of MARCH
have hereunto set
9 81
APPROVED AS TO FORH:
City Attorney
ROBIN
PH-E-34
/o~ 7c[
Acknowledgement of Surety
State of California)
County of San Diego)
On thi s 11th day of March
Robin S. Westfall
of Insurance Company of the West and
within instrument.
In witness whereof, I hereto set my hand
this certificate first written above.
~ OFFICIAL. SEAL
'. CECIL Y M. GIPSON
NOTARY PUBLIC. CALIFORNIA
Principal OffIce in San Dillga County
My Commission Exp. Apnl6. 1984
.'\.~".fS_ .....f:Jy..a""..'\,....... ."".rJ."".flihV......'\,."''''n.'''''\,... .....f:J,
ICW 315 (9/76)
1981 , before
, known to me to
acknowledged to me that
me personally appeared
be the Attorney-in-Fact
s-he executed the
and official seal on the day and year in
~# ,J , p,\f1f) , ~ - .
~~bliC
Acknowledgement of Surety
State of California)
County of San Diego)
On this 11th day of
Robin S. Westfall
of Insurance Company of the West and
within instrument.
In witness whereof, I hereto set my hand
this certificate first written above.
M,arch
, 1981 , before
, known to me to
acknowledged to me that
me personally appeared
be the Attorney-in-Fact
she executed the
and official seal on the day and year in
r:;......r.
............. 8; OFFICIAL SEAL
~, CECIL Y M. GIPSON
.. :. NOTARY PUBLIC. CALIFORNIA
=: . Principal Office in San Diego County
~ My Commission Exp. April 6, 1984
NJ'rI'.yj'Pfl!'NJ'wfJJ'V'r/VI.........~M.."'.... -."\a"'."'Q'f\a"'J4.
/.
\fYL
~
ICW 315 (9/76)
Public
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the
laws of the State of California and having its principal office in the City of San Diego, California. does hereby nominate, constitute and appoint:
ROBIN S. WESTFALL
its true and lawful Attorney{sl-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 -------_________________ ----
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys.in.Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-
in-Fact and revoke the Power of Attorney give him or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West
signed by its duly authorized officers this Sixth day of
has caused its official seal to be hereunto affixed and
June ,19--IL.
these presents to be
INSURANCE COMPANY OF THE WEST
4~
-9 ~.,,~
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
On this Sixth day of June A.D., 19~, before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE
WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged
the execution of the same, and being by me duly sworn, deposeth and saith. that he is the said officer of the Corporation aforesai~, and that
the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature
as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
'IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first
above written.
OFFICIAL SEAL
~ CAROLE POWER
, . NOTARY PUBLIC. CALIFORNIA
. . . Principal Office. San Diego Co. Calif.
My Commission Exp. Oct. 10, 1981
{!~
~
Notary Public
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO SS:
I, the undersigned, Richard S. King Secretary of the Insurance Company of the West, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect. and has not
been revoked.
IN WITNESS WHEREOF, I
this 11th day of March
have hereunto subscribed my name as Secretary, and affixed the Corporate Se.al of the Corporation,
19~
ICW CAL 37
! 6 ') 7 L(