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HomeMy WebLinkAboutReso 1989-15373 (a) RESOLUTION NO. 15373 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 5, UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVSION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-1, RANCHO DEL REY, Phase 5, Unit 1, and more particularly described as follows: Being a subdivision of portions of Quarter Sections 35, 43, 44, 61 and 62 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 May 11, 1869 in the office of the County Recorder of said County. Area: 92.662 acres No. of Lots: 84 Numbered Lots: 78 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Rancho Del Rey Parkway, Cardona Avenue and Duoro Drive, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, B, C, D, E and F are hereby dedicated for Open Space, public utilities and other public uses. -1- BE IT FURTHER RESOLVED that said Council hereby accepts o~- behalf of the City of Chula Vista the easements with the right ~ ingress and egress for visibility and street tree planting and maintenance, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is 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 that certain Subdivision Improvement Agreement dated the 21st day of August, 1989, 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 ' roved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is herey authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by lc Works' ' mas J. ~ ron, City P . of ~tttorney ~ 6439a -2- Resolution No. 15373 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November, 1989 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Malcolm ATTEST: B~v~rly A~ ~dthe~t, City Clerk ~ATE OF CALIFORNIA ) UNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15373 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 7th day of November, 1989. Executed this 7th day of November, 1989. Beverly ~. Authelet, City Clerk SUBDIVISION IMPROVEMENT AGREEMENT THIS A~REEtI~raT, node and ent. ered into t~is 21st day of .__.~e ~ 198 9~, by and between a municipal torportile berethalter called "City", and RANCHO DEL REY PARTNERSHIP, 2?27 t[~over Avenue, National City, CA 92050 beTsins{tar called · Subd[v~der't ~; I T ra E S S E T H: WI~EREAS, Subdivider ~s aDout to present to the City Council of the CIty of Cnula Vista {or approval and recordorion, a final subdivision map of a proposed sobdivision, to De known as CVT 88-1, 11J~HCHO tEL REY PHASE 5, UNIT l pursuant to t~e provisions of the Subdivis,on Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula V~sta Hunicipal Code ['elat~ng to the filing, approval and recordorion of subdivision map, and W~[EREAS, t~e Code provides that Deters said map is finally approved ~y the C~nc[l o{ the City ot Chuia Vista, Subdivider must I~ave either installed and completed all of the public improvements and/or land development worR requt[ed subdivll[onl before final maps o( subdivision~ are approved by tile Council ~or purpome of recording in the O~tce o~ the County Recorder o~ San Diego County, orm as &n alternative theroe(, Subdiv~dec shall enter into an agreement with C1tym secured by an approved improvement m. ecurtty to [nauce the perle=monte o~ said work pursuant ~Q the require~entm o~ T[tle 18 o~ ~he Chula Vista Hdntcipal Code, agreeing ~.o thetall and complete, free o~ ilens at Subdiv~der's own expense~ all o( the public Lmprovement$ and/or land development work required in naid subdivision within .4,,4ei~nite p~loa o~ time prescribed by said Counc/l, and WHEREAS. Suod£v~der ia wil~ng in consideration o~ the approval and recordarSon o{ said map by the Courlcil~ to enter into this agreement wiltrein it ~8 provided that Subdivider wli! install and complete, at SubdivLdec'l own expense, all the public improve- merit wor~ required by City in connection with t~e proposed mub- division and will deliver ~o City xr~provement ~ecuritie$ aa approved oy the C~ty Attorney, and L:.~REAS, a tentative m,~p or ~axG suOdiv~nion has heretofore been approvede auD]ect to celtsill rc,tuLrements and condition8, as cottrained l~ Resolution Nc. 13442 , &pproved on the 2rid day Form No. CA-410 Revi.ed 3/87 -~~ 1411[REAS, complete ;~l~n~ and Rpect[tcal,~ona ~or the CU~II~[UCt. LO~t tnlt~Zat, to~ and co~t}lett<)n of said ~ubltc ~mptove-. ~ent work have been prepatt:d and suDmltt~d :.o the City Engineer, a8 shown on Drawings Nee. 89-0251 through 8q-0260 , on ~tle &n the cf~tce ot the City Engineer, and WHERE,,S, a~ estimate of the cc~t of constructing said puol&c improvements accordtn~ to aatd plans and specx~icattons has ueen auUm&tted and IF, proved hy the City tn the amount o~ NINE tlUNDR~D fIFtY :iOUSAND DOLLARS AND NO CENTS NOW, THEREFORE, Z? ~N MUTI/ALi. Y UNDERSTOOD AND AGREED AS FOL~OWS: I. Subdivider agrees to comply with aLL o~ the require- ment~ of toe tentative map reso|utton; to do and perform or cause to by done and performed, at lea own expense, ~tthout coat to CLty, in a good I~d workmanlike manner, under the direction anti to the aa~t~actton and approval o~ the City Engineer, all o~ the public tnptovement and/or land development work required to be done ~n and .~d}OInitm~ laid luOdtvtaton~ and ~tll ~urnt~h the necessary mateEia)l theflier. all in strict cnnEormtty and tn accordance with the plans and apecs~tcations, which documents have heretoEore been f&Zed :n the O~t~e o~ the City Engineer and by thta ritefence ace Incorporated nerezn and made a part 2. Lt &s expressly understood and agreed that monuments hay. been or w&lZ be (natalLed within thirty (30) days attic the rompLitton and acceptance ot the required xmprovemente~ and that Subo&vxder has installed oc veil thatsiX temporary street nine axgne ~( permanent street name ligns have ~ot been tnstaL]ed. 3. It tl expressly underutood and agteeJ that Subd~v~der wtlX cause all necessity materials to De Eurnilhed and all improvements requtced under the provisions o~ thil contract to be done on ot be~o~e t~e third anniversary date of the recordation O~ th~ Imp o~ said subd&vXder. 4. Xt Le u~tderatood and agreed that SubdLvLdec will pecEo;m mild improvement wock as set ~orth hereInshore o~ that i>o~ttcn of eatd tmprovement work serving any buLZdings or mttuctutem ready ~¢c occupancy tn said aubdLvtsLon polo: to the tasuance o~ any ce~t&[icate o~ clearance for uttltty connectLone Lot laid butZdtn~s or 8t~cturea ~: eaLd aubd&vLston, and ~uch cectt[tc&te ahali not be tl8ued ,anti| the Ctty EngLneor has cectt[1e~ tn wetting the co~plstton ot said puOlLc tmprovementi the poEtton theLeo[ Betwing eatd building or structures appcoved by the Cttyl provided. however. that the improvement security shall not De [equi[ed to ~.,'~r the provx~ton~ ot tns~ p~ragrdpn. Subdivider thate tn the pecfocmanc~ of Raid work, Subdivider wILl conform to and a~tde ~ all of the provtmton. o~ the ordtnan~e~ the ~ity o[ ChQLI Viitat and the lawt of the State of California appZtcaDie to &aid work, 6, Subdivider further a~rees to furnish and deliver th~ City of Chuls Vista, 8~multaneously with the execution of this agree~enr. e sn ~pproved ~mprovemsnt security tn t~e sum of tOUR HUNDRED SEVlCN?Y-r[VIi: TFIOUSAND DOLLARS AND NO CF. NTS ($475,000.00). ~fitch .ecur~ty Ihail guarantee the ~atthtul performance of contract by Subdivtde~ and ~a attached hereto, marked ExhlDt~ and ~ade a ~}art hereof. ?. Subdivider ~urther aqr~es to furnish and deliver to the City o~ Chula Vista simultaneously wttl~ the execution agreement, an appcoved improvement &ecur~ty in the sum bE tOUR HUNDrUiD SEVI;NTY-FIVIC tlIOUSAND DOllARS AND NO CENTS ($475,000.00). to secure the payment bE material and labor tn connection with the tn~tallLation bE ma~d public improvements, which security attached hereto, marked Exhibit "B° and made a part heceo~ and the bond amount. as contained xn ~xhlDtt eB"e and made a part heceo~. 8. Subd/vtder ~urther agrees to (urniah and deZlver to the City of ChuLa Vtltae s~muLtaneously with the execution o~ the= agreement~ an approved ~mprovement lecurtLy in the sum of ~HOUSAND DOLLARS AND NO CENTS (1260000.00). to lemurs the install&iron of monumenta~ ~htch ~ecur~ty ~G attached hereto, marked r-xhibit "Ca and made i pact hHreoC. ~. It ks tufther agreed tha~ ~ ~he pubZ~c improvements a~'e not completed wxtnin the time agreed hersen, the sumu provided Dy 8at~ ~mk..ovement securttie~ may be used by City Cot comp!etton o~ the public /mprovementa ~thtn sa~d subdivision ~n accordance ~Lth the specifications conta~n~ hersEn. Upon certification o[ completion by the City Englnuer and acceptance said ~oLk by C~ty, and afte~ certification by ~he Director of Finance Chat 411 colts herebE are [ully paid, the ~hole amount, or any part t~areot not tequlgffd for payment thereof, may be released to Subd~vider or tel auccealoro Ln interest# pursuant to the teems of the lLmprovemenL 10. It ~m also expressly agreed and understood by the pagt~ea hereto that ~n no case will the City og ChuLa VEsts, or any depag~nte hosed or officer thereof, be 1table for any portion of the colts and expenses of the work atoreea~d~ no~ ahalZ any bEEirate hie lureties or bondsman, be llabZe for the payment of any lUffi O¢ I~l ~Or ~d ~OEK Or any ma'.ertaZs furnished therefor, except to the limit= established by the approved improvement security In accordance w~.th the requirements ot the State Subd~viaion Nap Act and the provisions of ~(tZe ]R of the Chu~a V~ata NunLcipaZ Code. 11. Zt Is ~utthec understood and dgreed by Subdivider that any en21neeting costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City In connection with the approval o[ the Improvement planl and Installation of public l~provemente heroinabove provided for, and the coat of street signs and street trees as required by City and sFpcoved by the City Engtn~er shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover laid cost. 12. Zt l$ understood and agreed that until such tlme all :mpcoYements sis ~uZly completed and accepted bi City, Subdivider will ~e responsible fo~ the care, maintenance of, and any damale to, the Itreetl, alleys, easements, water end sewer lines w~thin the proposed subdivision. It is further understood and agreed that ~ubdtvlde~ shall guarantee all public Improvements ~o~ a peeled or one year from date of final acceptance and correct any and ell defects or deficiencies arising during ~ald ~erlod as a reault o~ the acts or omiseton 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 this a~reement~ provided, however, that ~ald acceptance srlall not constitute a wsl~er of defects by City as set forth hereInshore. 13. It la understood and agreed that City, as tndemnztee, oc any officer oc employee thereof, shall not be liable for any injury to person or property occaa~oned by :eaaon of the acts or omllliolll o[ Subdivider, its agents or employees, indemn&tee, related to th£= agreement. Subdivider ~urthar agrees to protect and hold harmless tt~e .City, its officers and employees, from any and all claims, demands, causes o[ action, liability loll of any loft, becaume of or arLsing out o[ acts o~ om~ssi~na Subdivider, its a~ents o~ employees, or Lndemnitee, related to tni8 a~reement~ provided, however, that the approved improvemen~ security shall not be required to cover Lh~ provisions o~ this paragraph. Sasd tndemnl[~cat~on and agreement to hold harmless shall extend to damaqes or taking of property reauJ. ting from the construction of saLd subdzviston and the public improvements a8 p~ovided netsin, to ad)ac~nt property owne:~ as a consequence the d~ve[lion of waters Ln ~he construction and m~tntenance drainage ~ystems and shall not conRtLtute the asauxnptLon by C~ty any responsiDtltty [or such damagff or taking, nor shall City, by ~axd approv~l, De an &nau~Mr or eurPt',, ~o[ the constructt,~n of the subdivision pursuant to sa~d appr~v,.d improvement plau~. ~he prov~s~o.,~ o~ ~h~s paragraph shall become effective upon the executxon o~ th~a agreemen~ and shall remain ~n full force and effect for ten (10} years follo~in~ the acceptance by the City the ~mprov~ment~. 14. Suudkvtder agree~ to defend, Indemnify, and ho2d ns[mZels the local agency o6 LtS agents, officers, and emptoyaes from any ciatmt action, oc proceeding against t~e local agency or its age~Lmm officera, or emp/oyees to attack~ set aside, void, or annul, an approval of the ZocaI agency, advisory agency, appeal bOard, ot Ie~sXa~tve body concerning a subdivision, vhtch action km brought ~th~n tl~e tLme petrod provided ~ot in Section 6~499.37 of the Government Code o~ the State o~ California. IN WITNESS WHE~EOFe the partLea her,to have caused this agreement to be e~ecu~ed the day and year first hereinshore set forth, THE CZTY Or CNULA VZSTA SUBDIVZDER= }~KNCHO DE~ REY PARTNERSHZP NayOr ot the ~ty of ChUX~' Vtlta BY, HcH L~ZN CO .... u Bye !tONE CA Z~A~ ~RP( .~ZON Approved ,a$ to fo~m by .!tONE ~ly kt~ocn (Attach Notary Ackno~Zedgment} 0156a -5- STATE OF CAX,Z/'QJUCZA ) COVlCTY OF SAN DIIGO ) as. · ' , parsana~l:~ XAou'n to me of MCa~ILLIN CO~4UNITrES, iNC. tile ant:, knobs1 to me be the persgns who axecu~:ed the within lne~:rumen~ on behalf of ~he said oorpore~lon, said oorpora~/an being known to me to be otis of the geAer&l ~ertners ot; RANCHQ 'OIL R[Y PARTNERSHIP ' the qefiersl partnership that exeGu~ed the within instrument, and auknc~wledged to ~e tllat such oorpc;ation exeQuted the same as suGh parts%st &Ni that such partnership exeQuted the same. wrflcr,2l lay hand and offiCIal seal, T ' . //~ ARY Pu~La:c (Corp~retf~n as s Partner of s Partnership) STATE OF CA~,IFQRMIA ~ Or ~N Ol[~ S$ ~~ before ~ Hrlont ~ appeared to ~ t~ ~rSon ~ executed the wlthln Instru~nt as the , VIce ;~ to be the person kho exe~ted th~ ~tthla Instn~nt as the lr aSur~r of H~ Capl tm I Corerrotten the cor~rmtl~~~icuted the" wi {hi'n ins trus~nt on ~lf of Rmnc~ ~) ~eX the partnership tha{'~q-cute. the within (nstruNnt m'nd that such partnership execut.{d the lam, ~ ' PA~ WIINE$$ ~ ~nd and official seal, SIgnature (This mrem for offici~' seal) ~zst or r-xhLbit "A' Improvement Security- ra/thtul Per{ormancez ~'orm ~ Bond Amounts $4?5,000.00 I~x~/bit "i* ~p~,ment Secur/ty - Material and baborl ro~s Bond ~untt Exhibit we" Improvement Security'- Monument8~ tom ~ Bond ~unt~ $26,000.00 Se~r/t/es ap~oved a. to ~om anJ ~unt by Z~ement ~pletLon hte~ three (3) &pproviZ o[ the aubd~vt.~on :mprovemen~ A~reement DOND FOR !~AXTIIFt.~L PERFOP.~NCE WHEPIAS. The City Council of the City of Chula Vlsta, St,,te of California, and !k~ <ja~ital <hn~., & ~tl]{~ ~itin$. ~. '~n~o an aqre=ment whereby principal a~rw, m to {nz~alX and ~mpXe~ cer~aXn d~m~na~ public ~mprovements, whtch ma~d agreeing, dated 19 : , and kdentlfl~ am project _ ~C~{~ DEL ~'Y" SPA I. PJ~E 5. UNI~ 1 ,im hereby tel,fred to aM "mad*"a part here~h"~nd ...... ~E~AS, S, ld principal 1, required under the term, of maid ,~reement to furnlmh a ~nd for the faithful performance of ~aid ~W, ~{EREFOH, we, the prx,,..ipal a~d RAClFI~ ~TAT~..CA~U8L~COMP~ , am surety, are held ,nd fl~ly bound unto tB~ity of' Chu[a' Vlmta, heroinafter calld 'Ci~', in th~ pon, l ,~ of FOUR HUND~D SEVENTY lawful ~n~ of the O,~k'~d~"'State,, for the paymen~l'~icb ~'eXl ~ truly to be ~de, we bind ourm:lve,, our heirm, ~ccemmorm, executor, and admlni,tr~tor,, Jointly and ,ovorally,. fxrmly by thome premontm. The condition of thin obligation ~ ,uch that if the a~ve ~nded principal, hi, or it.~ heXr,, exocutorm, adminim- tx'ator,, ,uccemmor, or ensign,, mhall In all thin~s {tend to · nd abide by, and w~l.l and truly keep and perform the covenantre, condition, and provlmionm in the maid agroement and any altera- tion ~her~f made ,{ therein provided, on hi, or their part, to ~ kept and ~rfor~d at tho time and In the manner therein · p~cifl{d, ,nd xn ,IX r~,pect{ according to their true intent and meaning, ,~ ,ball inde~n&fy and ,ave harmloN, the City of Chul, Vi,t,, {tm of{ic~rm, agentm and employee,, am therein · tlpQl,t~, th~n tht, obli~,t&on ~hall become null and void} otherwX,e It mhalX be and remain In full force ~,nd effect. A, a part of tho o311gatlon {ecurod h~.roby and additior. to th~ face a~.ount ~pecjfi~..: therefor, there ,hall be lncludod co,t, and rea,onabl., expen~c~ and feo,, including r~a,on,t.e ,ttoFney'm fee,, -ncurred by the Cit' In Hucc~s{fully ~nfok'clr.} much obii~t~on, akl to be taxed a~ c, {tN and clud{~ X', any 3~dgment. r~nd~:'ed. The ~u"ety hereby 'Ntipulato~ and agrc,~ that no change, extenmdc':~ of t:mc, aXtcratic~ or ddditao{N to th,. torm{ of the re aqre~ment or to the ~ork to b~ perforr~d thereunder or ~h~ spect~lcetions a~panXin9 the same shall i.n an~ls~ affect its ~lifatione on this ~, and It doe~ hereby waive notice o~ an~ such change, extension of time~ altoration or addition to ~h~ torms o[ the a~reement or to the ~ork or to the speci- ~ ications, In addition to th~ acts ~nded Eo~ pursuant to the aqre~Rnt ln~r~rat~ a~ve, th~ following acts and perfo~ancos ar~ additlonal~y mubJect to the tecml o~ this agro~mentz · , , , , , ,. , _ In witness whereof, this lnstr~ent has been dul~ ~h ~ ~ Ra~7 Spohn Qi. ty Attorney' ~&n~ho De~ ~ey PI~ne~IhZD A al~ornia Corporation ey: ,~:,:.~ -~,,..,, ,,.~,.._ TLtle~. By: Home Capital Cotpotation e/ 2T.KrZ Or C,~,Zr'~UT,.A ) C On this ~ day ot __ ~.~s~ , 19 89, before ~ ~ J- ~~ , personally ~o~ ~o me (~ . ~ ~4~ .. ~ a~ ~ILLIN. ~XTIES, INC. ~rat~on ~ exe~ ~e vl~ln ~s~ent, ~o~ to me to be ~e ~~e ~o exe~t~ ~e vl~n ~st~ent on b~al~ o~ ~e ~td ~ration, ea~d ~ration ~g ~o~ to me ~o be one or Uo general ~a. of ~cHo 'OiL REYPMTNtRSHIP ' ~e W~eral ~me~hip ~at executed ~e vl~ln ~nst~en~, and ac~l~ to a ~a~ such contagion exe~ted ~e same as such pa~e~ ~ ~at BU~ pa~ership executed ~e same. ~~l ~ h~ and ogrXoLal seal, (C~rl~ratt~ ms a Partner of m Partnership) $TAT~ OF ~I~MIA ybefot~ ~, Pettic1, Urbina, ~ Notary Public In m p~ m. red to ~ t~ ~r$~ ~ e~mcuted the within instruant ms the Vice ~ ~ and ~ JOhn D, O'Bryan per~'onmlly known to m e~-pPev~-(e-~-~~i-~-s~i~~~ to be the perIon who e~ecuted t~ within tnstr~nt ms the Treasurer of ~ Crepttel ~rmtten t~ coreratteSt exe'c~te~ the within tnstruNnt Nr~ership t~t st'r~mnt, end that such~~(p mx~,~ted ~ S~ WI~ES$ ~ hand a~ offtotal nil. SIgnatu~ ~ (Thll a~e for offict ) ' ' []UND NO. 5179 ~P{ SJ. ll~:~,_.JjL.tli~r[. Bond ~OND FOR MATERIAL AND lABOR NiIEREAS, the City Council of the City of Chula Vista, State of California, and l~]~c. C~ptb~l Corp. & PW~Qllin C~mnunitiel, into an agreoment whereby principal · gr~e{ ~o in{taXI and complete certain designated public improvemopes, which sdid agreement, dated , and {dQntif.~ed , Xs he~.by r~f.r'~Ud '~o' ~nd made a par~ here~fl and WHER~S, Under the terms of said agreement, principal ls requir~ before ~ntering upox~. the performance of the work, to file a go~ and sufficient payment bond with the City of Chula Vista to secure the claims to which reference Is made In Title 15 (comen~ing with Section 3082) of Part 4 of Division 3 of the Clvil Code of the State of California. NO~. THEREFOM, said principal and the undersigned as ~r~rate surety, are held firmly ~und unto the City Chula Vista a~ all ~ontractors, subcontractors, laborers, materladen a~ other persons employed in the performance of t~%e efor%said agreement and referred to In the aforesaid Code of Civil ~ro~edure In the wrk or Xa~, ~ha~ ~aid surety will pay the Isme in an amount n:t exce~l~g the a~unt hereinabovo set forth, and case suit ~s brought upon this bond, will pay, in addition to the face a~nt thereof, costs and tea=enable expenses and fees. ~ncluding tea.enable attorney's. fees, i~curred by the C~ty uf Chula Vista in successfully enforcing such obligation, to ~ award~ and fixed by the court, and to be taxed as costs and to De incl~ In the Judgment therein reD{~ered. It is hereby expressly s~.ipulatud ax~{~ agreed that this ~d shala inure to the benefit of any ant all persons, compani~s and cor~rations unt~tled to file cl..ims under Title 15 (co~ncing with Section ~q~. the Civ ~ C~e, so as to g~'.,e a r~ght of actio[ to them or theAr a signs in any suit b:'ought upon this bo~.d. Should th~ condit~on of this bond bu fully performed, ~hen th.s ob].ig~t~u~ shall 5ecOmc null 'and voac., otherwise sha]% b,~ ~nd rnmaix~ in full force and effect. The surety hereby atipuZates and agrees that no e change, extension of time, alteration or addition to the teLms of said agreement or the specifications accompanying the same shall in any manner affect ltm obligations on this bond, and it does hereby waive notice of any much chan~e, extension, altarat. ion or addition.. Ira witness whereof, this instrumant ha~ been duly executed by the principal and surety abov~ named, on ~uS~mt 23 19 89 $TA1 (: ~ I..*AI,,JPOaPi|A (T'J~JNTT OF Orange O. Aullust 22, 1989 IM'IO~I' I~, Ih4' /OR hOtaRT %[At OR ITAMIm i u!~lhvi.,eme~. e Nm ~ eel ~ kN' ) --. · ) ' Z'W-X-34 e e ,. ) ss. (" on this _~2_4t.h . _ day og ~ M, J~ ~ ~ , a No~a~ ~o in and for vi~ ~~ k~ot co~r&~on ~t ~t~ ~a vl~ln ~st~ent, ~Q~ to me to be ~e ~OM ~0 ~4~ted ~e vixen ~8t~ent on be~aZ~ oZ ~e said ~~tion, eai~ ~ntion beln~ ~no~ to me to be ~e ~eneraX ~~~hip ~a~ executed ~e vi~ln InsOlent, and ac~Zedg~ to me ~a~ mu~ co~ration exerted ~te same as mu~ pa~er a~ ~at iQ~ pa~nermhXp exerted ~e same, W~ll m~ ~d ~ oZZto/al seal, (C~rlar~t~.on as a Partner of a Parthershfp) ~TATE OF CALIFONIIA COUXT~ OF .V,N DIEGO befor~ me, Patrlcta Urblna, a Notary Publlc In to be the lawson who executed the vlthtn Instrumnt as the Vfce ._..E end ' r ~n peF~inm';ll~ known 'to ~ eeP~Meeeh~r~l~'~'~i~F~~ to be the person who {xecuted the within Instreaent ms the Trelsu~r of Hc~me Ca Itml Corporation the corporation that executed iEl~e within tnstrumnt on behaVf of t tru,~nt,d and ~hat such partnership executea tM same, ...................... · WITNESS e,y hand aria off'icfal teal. I (This ar~a fop official sa~l) · · .' POWER OF ATTORNEY OF N? 5tS02 POclfic States CIRTIFICATll 2)rdAuF, umt: · :,.~t,,.._~..(~,.~_.,_,~___. ....._._,.,.,. I~URVEY NONU~II'-NT IN.~TALI.~TTION BOND Oam~zd. tieso Zn~. DEA ~ KNCA~ ALL WJ~N BY ~tE~g PRESENTS, ~:h~ Z/1.~o~3r, l ~ r,ar, r.~.r.ah.h.. ' aS the subaivider and Principal. nnd the_ pir. X~C STATIS_CA'SUALI~'~q)HYANY a Corporation of %he Sts%a of le , aR Sure~y, nre held and f~y ~u,~ unto ~he City of~a~ a m~nicipal uorpora~lon, In County uf S~ Diego, Sta~e of California, and to and for the beneZi~ of a,~ eXl ~ersons who M~ suffer damage by reason of the breach of ~he con- ditions he~f, In tile ~nal 8~ of c{~ _.~ ~ ~O0 * * * * * Chula Vista. ~~, the s~id Principal Is presently engaged in subdividing City o[ ~ula Vlsts c I of iwp~mnts authorLead by Resolution , and ~l~, the said Principal desires no~ to se~ durable mon~ents prior to the ,~rdation o~ the final map o~ the subdivision and desires to Vet.sam It · later date, N~t, ~E~, '~e ~ndition of the a~vo obligation Is t.ha~ If th~ i'rlnclpal mhall he, set durable ~n~enta oE the survey by ~~ ~, as put the final map of said subdivision, a copy of "· w--(qeer of the City ol Chula Vista, refer- .~t~.,~{_~,u~' . -4. ~ncorporated herein ' "' '.,, .,, , ' ~ the '"'~ t 23, t~89 'qlwfflq~ ;~ I~'efi RI~, IN ~&N%~ · ,4 ,O lee I~af ~ )' Ihf i. sSl? ',l%% -- Re ~y Spoh j C: ~y A=~ornQy 333 City %oul~va~% ~es~/610 OriuAe, CA, (Su:~y DM-E-34 I~'~ .'., ; ' -,,, ' .,--.- } On ~ls 24~ day o~ ~s~ lg 89 before ~ ~ ~- ~ .... , a Ho~a~ ~l~c In and . e~., ~ J, ~~ ...... , personally ~o~ ~o vf~ ~~ ~ o~ ~HILLI~ ~~ITZZS, Z~C. co~o~aU~on ~t execuUed ~e v~n ~nst~ent, ~o~ ~o me ~o ~ ~e ~rse~ ~o exerted ~e v~n ~st~ment on behal~ ot Qs ssid ~retien, ssid co~rst/on h~f ,~ovn to me to be ~ne ot ~e fenenl ~mers of UNCHO'O(L REY;~ARTN[RSHIP ' ~e ~enertl psmersh/p ~st executed ~e vl~in lnst~ent, end sc~ledf~ to me ~st s~ch co~orstion exerted ~e s&me ss such pemer ~d ~st s~ch ps~nership executed ~e ssme, WIll ~ h~ and otticial seal, STAT~ Or CAL|Iq)U|A COUNTY OF SAIl DZ[~ SS to k t~ ~ ~ executed the within Init~nt as the V~ce execu~d ~ vl~htn ~nit~nt ~l ~he Treasu~r of ~ ~ Sbl ~retton the cor~retlon tet executed the' w~th~n ~nstrumnt on k~f of h Ri~ ~1 Rey the pertne~h~p t~t ixecuted t~ w~th~n inst~'mnt*. end that such partnership exKuted the sm V:TNESS q hen~ and off(clel seal. SIgnatu~ ~~~.