HomeMy WebLinkAboutReso 1988-13792RESOLUTION NO. 13792
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 86-7, WEISSER SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREET 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 SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION
1136
~treet 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 drainage
facilities and for street tree planting, 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 that certain Subdivision
Improvement Agreement dated the 27 day of September ,
1988 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.
John f D. Richard Rudolf, s tant
Publlc Wo':ks ~f~-~x/~ ~_~,, City A~orne~ ~
4718a
-2-
'1137
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C _A VISTA, CALIFORNIA, this 27 Joy of Septembez
19 Be , by the following vole, to--wit:
AYES: Councilmembers NacT. er, Malcolm, Moore, L~cCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers ~,lone
ABSENT: Councilmembers Mayor Cox
· [~at/or pro
Moyor of ~e C~y of Chulo Vista
S' Z OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION N0. Z3792
,ond fhof the some hos not been omended or repeoled
DATED~')~~' 2 ,~/
CC-660 ~_/~77p.'
" ,~1138
93546
5TM AVEIUO E
qAssoci/fed Professional
Engineering Corporation
WEIS~ER 5UBDIVI~IOAJ
W.O.: PG 179 ~ EY
DRAWN HEC IDRAWING NO-
DA~ 3-~-87 2271-L-4
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $121,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $121,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $3,000.00
Securities approved as to form and amount by
t~s~ C~tt~t°rney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
,.., 1140
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 27 day
of September , 198 8 , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and NAPLES VILLAGE
LTD., 1202 Morena Blvd., Suite 202, San Diego, Ca. 92110
hereinafter called · Subdivider";
WITNESSETH:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
Chula Vista Tract 86-7, Weisser Subdivision
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 map, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereof, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at Subdivider's own expense,
all of the public improvements and/or land development work required
in said subdivision 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 complete, at Subdivider's own expense, all the public improve-
ment work required by City in connection with the proposed sub-
division and will deliver to City improvement securities as approved
Dy the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 12826 , approved on the 18th day
of November , 19 86 , and
Form No. CA-410
Revised 3/87
-1-
-1141
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos.88-671 through 88-673 inclusive ,
on file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City in the amount of TWO HUNDRED
FORTY-TWO THOUSAND DOLLARS AND NO CENTS ($242,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to City,
in a good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision; and will furnish the necessary
materials therefor, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer 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 completion 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 required under the provisions of this contract to be
done on or before the third anniversary date of Council approval
of the Subdivision Improvement Agreement.
4. It is 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 City Engineer has
certified in writing the completion of said public improvements or
the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
-2-
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 ot the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of ONE HUNDRED
TWENTY-ONE THOUSAND DOLLARS AND NO CENTS ($121,000.00)
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
TWENTY-ONE THOUSAND DOLLARS AND NO CENTS ($121,000.00)
to secure the payment of material and labor in connection with the
installlation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in 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 THREE
THOUSAND DOLLARS AND NO CENTS ($3,000.00) (per private engineer's
estimate)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon
certification of completion by the City Engineer 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.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
-3-
:1143
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 City Engineer shall be paid by Subdivider, and that
Subdivider shall have deposited with City a sum of money sufficient
to cover said cost.
12. It is understood and agreed that until such time as
all improvements are fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage tot 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 omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of tne 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 no~ be liable
for any injury to person or property occasioned by reason of the
acts or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement. Subdivider further agrees
to protect and hold harmless the 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. The
provisions of this paragraph shall become effective upon the
execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of
the improvements.
-4-
1!44
t4. Subdivider agrees to defend, indemnify, and hold
harmless 5he local agency or its agents, officers, and employees
from any claim, action, or proceeding against the local agency or
its agents, efficers, or employees to attack, set aside, void, or
annul, an approval of the local agency, advisory agency, appeal
board, or legislative body concerning a subdivision, which action
is brought wi-_hin the time period provided for in Section 66499.37
of the Government Code of the State of California.
IN ~{ITNESS WHEREOF, the parties hereto have caused this
agreement to De executed the day and year first hereinabove set
forth.
THE CITY OF CEULA VISTA
SUBDIVIDE ·
Mayor"gf the City o~ Chula
Vista ~-"" '
Approve.d as to form by
City Attor[}ey
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO
On 'L"'~-'7'c"7:/-~'l' i'~;tl,','F''~ , before me, the undersigned, a Notary
Public'in and for said County and State, personally appeared
; ""'Y ~ ~""~?~'/~ , personally known to me to
be the Partner who~e name is subscribed to this instrument, and
acknowledged that he executed the same in the name of said
PartnershiP-,'~,~
. ? ~('17~-)~'.,
~,t_'.~'.i:~ hOX C0;NERtEY Witness my hand and official seal:
Notary Public in andlfor said state.
-5-
· BOND ~/SUR 07 48 97
PREMIUM $75.00/ANNUM "EXECUTED 1N TRIPLICATE"
SURVEY MONUMENT INSTALLATION BOND
?' ' NAPLES VILLAGE, LTD. , A
KNOW ALL MEN BY TIIESE PRESENTS, That I/W.e CALIFORNIA LIMITED PARTNERSHIP
as the subdivider and Principal, and the GOLDEN' EAGLE INSURANCE COMPANY
a Corporation of the State of CALIFORNIA , as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of an
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of THREE THOUSAND AND NO/100 .......... DOLLARS
($ 3,000.00 ) lawful money of the United States of America, to be paid t
the said City of Chula Vista.
WIIEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as WEISSER SUBDIVISION subdivision in the
City of Chula Vista, in accordance with the Contrac~ for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not 'to set durable monuments
prior to the recordation of the final map of the subdivision 'and desires
to ge.t.same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if ~k
Principal shall have set durable monuments of the survey by ASSOCIATED
PROFESSIONAL ENGINEERING (name of
CORPORATION , 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 Cit~
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 comple~
and acceptance of public improvements within said subdivision, then the
obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WIIEREOF, the said Principal and Surety have hereunto se~
their hands, this 8TH day of SEPTEMBER_.-----2_ ~
NAPLES VILLAGE , LTD. ~ '~'
(Principal)
APPROVED AS TO FORM: GOLDEN EAGLE INSURANCE COb~ANY
(Surety)
i~t~/~ ' At Orney-in-Fact,
DANIEL 3. UKKESTAD
GOLDEN EAGLE INSURANCE COMPANY
BOND DEPARTMENT
'7175 NAVAJO ROAD
SAN DIEGO, CA 92119
PW-E-34
.1t46
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 8TH DAY OF SEPTEMBER , 1988 BEFORE ME PERSONALLY
APPEARED DANIEL J. UKKESTAD , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRST WRITTEN ABOVE.
O ARY PUBLIC-CALIFORNIA
SUR-59o88 ~ PRINCIPAL OFFIC~ IN,
GOLDF~4 F_~AGLE INSURANCE COMPANY
CERTIFIED COPY
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That ~e Golden Eagle Insurance COmpany, a COrporation duly organized and existing under the
laws of the State of Callfern ia, having its principal office tn the City of San Dtego, California does hereby nominate, constitute and appoint
Daniel J Ukkestad
of San Diego, California
its true and lawful agent and attorney-in*fact, to make, execute, seal and deliver for and on its behalf a~ surety, and its act and deed, any and
all bonds, contracts, agreements of indemnity and other undellakings in suretysh ip provided, however, that the penal sum Of any One SUCh
instrument executed hereunder shall not exceed the sum of any and all bends and undertakings, provided the amount of no one bend or
undedaking exceeds ................ ONE MILLION DOLLARS
the BOard of Directors of the Golden Eagle Insurance COmpany at a meeting duly Called and held on April 10, 1984 which Said Reaolutlon
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, Ihe Board of Directors or Executive Committee may at any time remove such Attorneys-in-
Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED; That the Attorneys-in-Pact may be given lull power to execute for and in t he name Of and on behalf of the COmpany any and
bonds and underlakings as the business of the COmpany may requ ire, and any SUCh bonds or undadakings executed by any such Attorney-
in-Fact shall be as binding uben the COmpany as if signed by the President and sealed and attested by the Secretary."
IN W~TNESS WHEREOF. the said Golden Eagle Insurance Company has Caused these presents to be executed by its officer, with its
corporate seal alfixed
MARY E. LEiGH
Cornre. Exg Jan 2. 1988 ',
LARRY G, MABEE Secretmy
BOND # SUR 07 48 98
PREH~UH $2920.00/ANNUM "EXECUTED IN TRIPLICATE"
BOND FOR FAITIIFUL PEREOR/~ANCE
WHEREAS, The CitV Council of the City of Chula Vista,
State of California, and NAPLES VILLAGE. LTd.. A CALIFORNIA LIMTTED
PARTNERSHIP (here~nafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated AUGUST 20,
19 87 , and identified as project WEISSER SUBDIVISION
, is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, TIIEREFORE, we, the principal and GOLDEN EAGLE INSTIRANCE
COMPANY - BO~D DEPT. 7175 NAVAJO RD., SAN DIEGO. CA 92119 as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of ONE HUNDRED TWENTY ONE THOUSAND
AND NO/A00 ............................... dollars ($ E2~,000.00 )
lawful money of the United States, f6r the payment of which SLUn
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;
otherwiseit 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 jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
-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: xxxxxxxx
XXXXXXXXXX)~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
In witness whereof, this instrument has been duly
executed by the princi al and surety above named, on
SEPTEMBER 8, , 19
- .NAPLES VILLAGE, LTD., A CALIFORNIA
LIMITED PARTNERSHIP GOLDEN EAGLE INSURANCE COMPANY
DANIEL J. U~ESTAD, ATTORNEY-IN-FACT
/~n~~ BOND DEPARTMENT
7175 NAVAJO RD., SAN DIEGO, CA 92119
Surety
,
APPROVED AS TO FORM:
1150
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 8TH DAY OF SEPTEMBER 1988 BEFORE ME PERSONALLY
APPEARED DANTEL J. UKKESTAD , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT,
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRST WRITTEN ABOVE.
'. -llSZ
BOND ]/SUR 07 48 98
~ PREMIUM $2920.00/ANNUM
~ . "EXECUTED IN TRIPLICATE"
,_,
BOND FOR MATERIAL AND LABOR
WI{EREAS, the City Council of the City of Chula
Vista, State of California, and NAPLES VILLAGE, LTD., A CALIFORNIA
LIMITED PARTNERSHIP (hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
· improvements, which said agreement, dated AUGUST 20
19 87 , and identified as project WEISSER SUBDIVISION
, is hereby referred to and
made a part hereof; and
WIIEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient payment bqnd 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, TIIEREFORE, 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 TWENTY ONE THOUSANDAND
N0/100 .............................. dollars ($121,000.00 ), for
materials furnished or labor th6reon 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 shallbecome null and void, otherwise it
shall be and remain in full force and effect.
'1153
-2-
The surety hereby stipulates and agrees LhaL no
chanqe, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner nffect its obligations on this
bond, and it does ]]ereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly e::ecuted by ~he principal and surety above named, on
SEPTEMBER 8, 19 88
NAPLES VILLAGE, LTD., A CALIFORNIA
LIMITED PARTNERSHIP GOLDEN ~.ACT.F INSURANCE COMPANY
ff 7175 NAVAJO ROAD. SAN nTF~n, c'h q9119
~tor SureLy
APPROVED AS TO FORM:
PW-E - 34
'1151
GOLDEN EAGLE INSURANCE COMPANY
EXECUTIVE OFFfCES
San Diego, California
CERTIFIED COPY
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance COmpany, a COrboration duly organized an(~ existing under the
laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute tmd appoint
Daniel J Ukkestad
of San Diego, California
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any amd
all bonds, contracts, agreemonte of Indemnity and other underlaklngs in suretyship provided, however, that the penal sum rd any one such
instrument executed hereunder shah not excee~ the sum of any and all bonds and undertaKIngs, provided the anlount of P~ one bond Or
undertaking exceeds ............. ONE MILLION DOLLARS ...............
........................ ($1,000,0C000)
This power of Attorney is 9rant6d and is signed and sealed by facsimile under and by the authority ol the following Resolut Ion adopted by
the BOard of Directors ol the Golden Eagle Insurance Company at a meeting duly called and heid on April 10, 1984 which ~aid ReSOIUEO~
has not ben 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 icehalf of the
Comp&ny, and eiiher the President or Secretary, the Boa~ of Directors or Executive COmmittee may at any time remove such Attorneys-in-
Fact and revoke the Power of Attorney given him or her; and be it fuRher
"RESOLVED: That the Aftomeys-in-Fact may be given full power to execute for and in t he name of and on behalf of the COrnpay a~y end ag
bends and undertakings as the business of the COmpany may require, and any such bonds or underlaki ngs executed by any such Attorney-
in-Fact shall be as binding upon the COmpany as if signed by the President and aeaied and attested by the Secretary,"
IN WITNESS WHEREOF, the said Golden Eagle insurance Company has Caused these presents to be executed by its officer, with its
corporate seal affixed
MARY E. LEIGH
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS 8TH DAY OF SEPTEH~F.R ~ qR8 BEFORE ME PERSONALLY
APPEARED D,L~]]'EL J. II~,KE~'TAr~ , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRST WRI'FrEN ABOVE.
SUR-59-88 O
N'r
SANDEGOCOUNt~
MY COmm. FJ~,.AUg. llo19~2 ~
~1155
GOLDEN EAGLE INS~NCE COMPA~,IY
EXECUTIVE OFFICES
San Diego, California
CERTIFIED COPY
BOND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance COmpany, a COrporation duly organized and existing under the
laws of the State of California, having it~ principal office in the CIty of San Diego, Cal ifornia does hereby nominate, constitute and appoint
Canml J Ukkestad
of San Diego, California
its true and lawlul agent and attorney.in*fact, to make, execute, seal and deliver Ior and on its behalf as surety, and its act and deed, any and
all Ix)nds, contracts, agreements of indemnity and other underlaklngs {n suretyship provided, however, that the penal sum of any one such
instrument executed hereunder shall not exceed the sum of any and all ponds and undertakings, provided the amount of no one bend or
undedaking exceeds .............. ONE MILLION COLLARS
........................ ($1,000,000.001
This power of Attorney Is granted and Is signed and sealed by facsimile under and by t he authority of the following Resolution adopted by
the Board ol Directors of the GOlden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which Said Resolution
has not been amended or rescinded and of which the following is a true, full and complete copy,
"RESOLVEC: That the President or SecretaP/may from time to time appoint Altorneys-in-Fact to represent and act Ior and on behalf of the
Company, and either the President or SacretaP/, the Board of Directors or Executive COmmittee may at any time remove such Attorneys,in.
Fact and revoke the Power of Attorney given 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 ol the COmpany any and all
bonds and underlakings as the business of the Company may require, and any such bends 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, the sad Golden Eagle Insurance COmpany has caused these presents to be executed by its officer, with its
Corporate seal affixed
MARY E. LEIGH
omm Exp Jan, 2. 1988