HomeMy WebLinkAboutReso 1988-13879 RECO~:~D!NG REQ~t~,~TF..J.~%~.~j/~
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CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
2, ACCEPTING ON BEHALF OF THE PUBLIC TH~
PUBLIC STREET DEDICATED ON SAID MAP, AN~
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
IMPRQVEMENTS REQUIRED BY SAID SUBDIVISION 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 84-7, EASTLAKE BUSINESS CENTER, Unit
No. 2, and more particularly described as follows:
Being a subdivision of a portion of Parcel 1 of Parcel
Map NO. 13883, in the City of Chula Vista, County of San
Diego, State of California, filed in the office of
County Recorder of San Diego County, July 26, 1985, as
File No. 85-266854 of official records. Excepting
therefrom an undivided 1/2 interest in all oil,
asphaltum, petroleum, natural gas, hydrocarbons and
other natural mineral substances and products and all
other minerals whether or not of the same character
hereinabove generally described, in or under such
property at a vertical depth of 500 feet or more below
the present natural surface of said land, but without
the right of entry on the surface of said land.
No. 6f Lots: 4 Numbered Lots: 3
Lettered Lots: 1 Gross Area: 34.426 acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public street, to-wit: Boswell Court
and said street is hereby declared to be a public street and
dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of street tree
planting, as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
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0313
BE IT FURTHER RESOVED that said Council hereby rejects
on behalf of the City of Chula Vista, Lot A for Open Space,
- public utilities and other public uses noting that Section
66477.2 of the Subdivision Map Act of the State of California
provides than an offer of dedication shall remain open and
subject to future acceptance by the City.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the City of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 6th day of December , 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 Chua
Vista.
Presented by Approved as to form by
/
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0314
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C, .A VISTA, CALIFORNIA, this 6th day of December
19 88 , by the following vote, to-wit:
AYES: Counc i 1 members Mal col m, Moore, McCandl i s s
NAYES: Counci 1 members None
ABSTAI N: Counc i 1 roerobe rs Non e
ABSENT: Counci lmembers Cox, Nader
Mayor of Chulo Vista
ATTEST /
S' [ OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, Californio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RES.0LUTION N0. 13879 ,ond thor the some hos not been omendedor repealed
DAT IE D
City Clerk
CC-660
.' 0315
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~4~_ day
of ~ , 198~ , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and EASTLAKE
DEVELOPMENT COMPANY, EastLake Business Center, 900 Lane Avenue,
Suite 100, Chula Vista, Ca. 92013
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 CVT 84-7,
EastLake Business Center, Unit 2
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 ~ 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
by 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. 11960 , approved on the 19th day
of March , 19 85 , and
Form No. CA-410
Revised 3/87
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0316
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. 88-717 through 88-719 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 EIGHTY
ONE THOUSAND, SIX HUNDRED DOLLARS AND NO CENTS ($81,600.00).
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.
0317
5. It is expressly understood and agreed to by
Subdivider that, in the performance of said work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of FORTY
THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($40,800.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit
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 FORTY
THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($40,800.00)
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 FIVE
THOUSAND DOLLARS AND NO CENTS ($5,000.00) (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.
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0318
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 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 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 not 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.
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0319
14. Subdivider agrees to defend, indemnify, and hold
harmless the local agency or its agents, officers, and employees
from any claim, action, or proceeding against the local agency or
its agents, officers, 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 within the time period provided for in Section 66499.37
of the Government Code of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE C Y OF CHU~ V 5TA ~~ DEVELOPMENT COMPANY
ATTEST Clerk~/ ~
Approved as to form by
(~ty At~ey
Individual)
T p~=On~y k~wn m me or
proved :o me on ~he b~ of s~:~fa~o~ e~dence :o be
the pe~on__ whose name ~ S~ subs~ibed to the ~ '~ F~
wkhin ~s:mmen~ and~cknowiedged that ~, ex~ FRED[A ~J C'deBA~
W[TNESS my hand ~d of~ci~ sc~. ~:,rt DIEGO COUNTY
Si~arure -- ' ". w ~ g
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0320
LIST OF EXHIBITS
Exhibit "A" Improvement Security- Faithful Performance:
Form: Bond
Amount: $40,800.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $40,800.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $5,000.00
Securities approved as to form and amount by
i~./ /..>/ city ,,ttorney
/ ~ C/7 d
~o~d ~e. 40o ~ 257~
BOND FOR FAITHFUL PERFORMANCE ~:
.,.~i%
WHEREAS, The City Council of t~e City of Chula Vista,
State of California, and E~S~I~EEI~IFELOPME~'OOMPJ,X~
........ " .... (hereinafter designated as
"principal~) have entered into an agreement whereby principal
agrees to install and complete certain designated public
· improvements, which said agreement, dated
19 , and identified as project E~T'IaK~: ~u~
~ .~ ev~ ~_~ ~ 9 .... , is hereby
referred to a~d' made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
-' NOW, THEREFORE, we, the principal and ~ . -
AWDMA~TN'~TNSXTWANCE COMPANY , as sureny, are
held and firmly bound unto the di'ty of Chula Vista, hereinafter
called "City", in the penal sum of POR~Y T~0USAND EIa~P
AK~ Nn/lno~4~q- ........................ dollars ($ aO.800.O0 ......... )
lawful' money of the United States, for the p~y~lent 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- '
trotors, successors or assigns, shall in allthings' 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 exp~nses 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
22
., 03
agreement or to the work to' be performed thereunder or
specifications accompanying the' same shall in anywise
its obligations on this bond, and it does hereby waive
of any such change, extension of time, alteration or addi~io:
to the terms of the agreement or to the work or to the
f ications.
In addition to the acts bonded for pursuant to
-agreement incorporated above# the following acts and performances
are additionally subject to .the terms of this agreement:
In witness whereof, this instrument has been dui
executed by the principal and surety above named, on.
18 , 19 88 ·
~A~T.AWR. Dk~PR. LOPMENT CO~A~ ,' PA~ ?I~ ~ ~ ~S~CE
Pe~l .T. Lew
Contracuor Surety ...
APPROVED AS TO FO~:
City Attorney ....
PW-E-34 · ,-
0323
(Ind{vidual)
STATE OF CALIFORNIA
COUNTY OF San Dieqo Ss-
On November 30, 1988 before me, the undcpsigned. ~ Not~,ry Public {n ~,nd for
said S~te, personally appeared Graham Jone~, Vic~ Pr~cirl~nt _ [~a~t[ ak~ n~v~l~pment
Company * * * * , , , , , , , , , , · , ** , , ** , , , , , , , , ,
proved m me on the buis of sacisf~co~ e~dence ~o bc
.... EO{~ M C'de~
.-~..
CALIFORNIA
COUNTY OF 0~ge ss.
On this lSthday of ~ov,_ in the year 19 ~ , before me, Cjtheri~e a~e~aon
, personally
appeared ~e~l ~, ~e~
personally kno~n w me (or proved ~o me on the basis of sailsfactory evidence) Io be the person who executed the wilhh-
. -, ,~ . ....... _
~ENNIE M. FULASZ, C1TV CLERK
P, O.
CHULA VISTA, CA 92012
~! ST. PAUL FIRE AND MARINE INSURANCE COMPANY
~u,t,~v. 385 Washington Street, St. Paul, Minnesota 55102 0 3 2 4 CERTIFICATE OF
AUTHORITY NO.
j For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-328-2189 and ask for
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s).
GENERAL POWER OF ATTORNEY- CERTIFIED COPY ~- 2 3 S ,~ 9 9
(Original on File at Home Office of Company. Scc Certification,)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the
State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
William R. Torgerson, Pearl T. Lew, Glenn G. Parker,
Charles L. Hezmalhalch, Carol Reeve, Daniel P. Aguilar,
Barbara Furgatch, Frank A. Perry, Catherine Anderson,
Gregg E. 0kura, individually, Brea, California
its true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s) in pursuance of these presents. shall be as binding upon said SL Paul Fire and Marine Insurance Company. as fully
and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970.
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(I ) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company Ihereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and
(2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached?'
~,~.~llxllll$tlD~$1tlttt.1 1N TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
~. ~ ST. PAUL FIRE AND MARINE INSURANCE COMPANY
~. r.~ SOTA} ss. ~
On this 2 6~3 h day of Ap~ i I , 19 8 8 , before me came the individual who executed the preceding instrument, to me
personally known, and. being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by
order of the Board of Directors of said Company.
MARY C. CLANCY, Notary Public, RamsPy County. MN
My Commission Expires November 1, 1990
CERTIFICATION
1, the undersigned officer of SL Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
[~' ~ '~ ~ IN TESTIMONY WHEREOF, I have hereunto set my hand this
l ~ ,~,.~/ ].O~;h day of NOVOmbe3P , 19 8li~ Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDIIY.
29~50 Rev. 3-88 Printed in U.S.A
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and EASTLIKE DEVEt0PMENT COMPiNY
(hereinafter designat'e'd' 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 ~A~T.A'k~, 11'ITRT1q~,~
known as C~T 84-7 Unit 2 , is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of saidZagreement, 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
~itle 15 (con~mencing 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 ~q~y ~n~A~rn ~TC~ gTn~nT~n
o dollars ($ ,4(1 ~fi(/C1(1- ..... J, for
~rnish~d'~'~L~'~ereon of an~ ~ind, or ~or 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 uhe 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 bend shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing witl~ 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.
The surety hereby stipulaues and agrees that no
change, extension of time, alteration or addition to the
terms of said agreemenn 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 whereof, this instrument.has been
duly executed by the principal and sureny above named, on
November 18~ 19 88
EASTLAKE DEVELOPMENT COMPANY ST. PAUL FIE AND MARINE INSURANCE
J'-~"' ' Pearl T. Lew ' '
· At%o:uey-iu-faot , '-
Contractor Surety
APPROVED AS TO FORM:
PW-E-34
Individu~tl)
STATE OF CALIFORNIA
COUNTY OF San Die,qo s~,
On November 30, 1988 befor~ me, the unde~i~ed, 1 No:~ Public in 1nd for
szid Sc=ce, pe~on~iv ;;pc~ed Graham Jones. Vice Pr~id~nt . Ea~tI ~k~ ~xt~lnnman+
Company * * * * * * * * * , , , , · , , ** , , ** , , , , , , , , ,
proved ~o me on ~he b~ of sa~af=~o~ e~dence ~o be
wimin ~s~ramen: ~d zc~owLedge~
WITNESS h~d ~d of~ s~. / SA~ 0,%0 COUNff
S~ mr
CALIFORNIA
STATE OF CALIFORNIA ProOenV&Da~la,,,
COUNTY OF_ ~ } ss.
On this 18thda) of Nov~ in the year 19 8~ , before me,_ Cathe~e ~derson , personall
appeared ~1 T. Lew
personall)' known [o me (or proved to me on the basis of satisfactory evidence) to be zhe person ~ho execueed the withi
i . , ST. PA~ FI~ ~ ~ I CE CO~
UI J Y FItNLL
P. O. BOX
QHULA VISTA, CA 920~2
~l~llI ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
e.~v&t~t.~ 385 Washington Street, St. Paul, Minnesota 55102 0 3 2 8 AUTHORITY NO.
For verification of the authenticity of this Power of Anor ncy, you may telephone toll free 1-800-328-2189 and ask for
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s).
GENERAL POWER OF ATTORNEY- CERTIFIED COPY ), '! !~; '? !. 'j .'!.
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the
State of Minnesota, having its principal office in the City of St. Paul~ Minnesota, does hereby constitute and appoint:
Williem R. Torgerson, Pearl T. Lew, Glenn G. Parker,
Charles L. Hezmalhalch, Carol Reeve, Daniel P. Aguilar,
Barbara Furgatch, Frank A. Perry, Catherine Anderson,
Gregg N. Okura, individually, Brea, California
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on s beha f as sure y, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
UNLIMI'X'r23 AS TO CHAP~C'r~R AND AM(XJNT
and the execution of all such instrument(s) in pursuance of these presents, shall be as bind ng upon sad St. Paul Fire and Marine Insurance Company as fully
and amply, to all intents and purposes. as if the same had been daly executed and acknowledged by its regalarly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked. pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adoptedbytheBoardofDirectorsofST. PAULFIREANDMARINEINSURANCECOMpANyatamee ngca edandheldonthe23rddayofJanuary, 1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President. Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him ."
Further, this Power of Attorney is signed and sealed by facsimile pursuant tb resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
.~x, 4r 7% corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984.
Vice President
On this 2~d day of NOV~r , 19 ~ , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by
order of the Board of Dir~tors of said Company.
MARY C. STeMPER, Notary Public, Ramsey County, MN
My Commission Expires November ], 19~
CERTIFICAIION
l, the undersigned officer of SL Paul Fire a~d Marine lnsu~nce Company, do hereby certify that I have compared the foregoing co y of the Power of A orney
and affidavit and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney with the OR]~INALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts lhereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, l have hereumo set my hand this
18~h ~ovembez 88
day Of . 19 . Secre,aty
Only a certified co~y of Power of AHotney beating ~he Cerlificate of Authority No. ~timed ~n ted on the upper tight cornet is binding. Photocopies, carbon
Premium: $ 30.00
-;
SURVEY MONUMENT INSTALLATION BOND
~TT.A'~,, DEVELOP~E~
"" KNOW ALL MEN BY THESE PRESENTS, That I/~.Ve COMPANY
as the subdivider and Principal, and the...ST. PAUL PIE AND MARINE* TNSrrRAMC~
a Corporation of the State of MINNE-q0TA ., 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-
ditions hereof, in the penal sum of FIVE THOUSAND AND NO/IOOTHS 3)OLIaR~q
($ ~,000.00 ...... ) lawful money of the United States of America, to be paid
the said City of Chula Vista.
WHEEAS, the said Principal is presently engaged in subdividing
certain lands to be known as EASTLAKE BUSINESS CENTRR subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of "
Improvements authorized by Resolution 11960 ,., and
F WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
i. to get s~me at a later date,
NOW, THEEFOE, the condition of the above obligation is that if the
Principal shall have set durable monuments ofl the survey by "
(name of
, 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 ~s
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 completi~
and acceptance of public improvements within said subdivision, then the
obligation shall be void, othersvise to remain in full force and effect.
IN WITNESS WHEEOF, the s'aid Principal and Surety have hereunto set
their hands, this 18th .day of November , 19. ~
! EAST DE MENT COMPANY
APPROVED AS TO FORM:
(Surety)
~ //)
City Attorney ' 'Pearl T. Lew ' Atterney-~n-f~ct ' '
PW-E-34
0330
Individual)
STATE OF CALIFORNIA
COUNt' OF San Dieqo
On November 30, 1988
said Smzc pe~on~ly zppc~cd ~,raham Jones
Company * * ~ * * * * , ,
proved ~o m~ on ~hc b~is o~ s~fz~o~ ~dcnc~ to bc
chc pc~on__ whasc n~c iS subs~b~d
wk~n ~s~mcn~ znd~cknawlcd~cd
WITNESS my_~n~d ~d of~ci~ se~.
CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF~ 0r~e } 55. In~B~
On ~his ~8~hday of Nov, . in the year 19 ~8, before me, CaJherine ~e=son
~ , personally
appeared Pe~I T. Lew
personally known ~o me (or proved (o me on the basis of satisfactory evidence) ~o be the person who executed fi~e ~jlhin
and~aCkno~led~ed tO~(hafiG~ri~-ation execu ed
,, ~ :$ .,~,~:,,: c:;u,~ i~ ~eb~la~ 4, 1991
~ENNIE M. FULASZ, CiTY CLERK
CFrY HALL
P, O. BOX i337
CHULA V~3TA, CA 92012
~a] ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
.~.~ . 385 Washington Street, St. Paul, Minnesota 55102 0 3 3 [ AUTHORII'Y NO.
For verification of the authenticity of this Power of Attorney, you may telephone toll free I -800-328-2 189 and ask for
· ~ the power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.) '. C ~ .~ ",
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the
State of Minnesota, having its principal office in the City of St. Paul, Minnesota. does hereby constitute and appoint:
Wil.l.iam R. Torgerson, Pearl_ T. Low, Glenn G. Parkor,
Charles L. Hezmalha3.eh, Carol_ Reeve, Daniel_ P. A0uil_ar,
Barbara FLrcgatch, Frank A. Perry, Catherine Anderson,
Gregg N. Okura, :Lndividuall_y, IBroa, Cal_:i_fornia
its true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law. statute, rule, regulation, contract or
otherwise,
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully
and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970.
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and
(2) To appoint special Attorneys-in-fact, who arc hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May. 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimite seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
~lu,l,l,d~ IN TESTIMONY WHEREOF. St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
" 'g soTA}ss,
. vice Preside.t
On this '2rid day or November .19 BB , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn· said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Co m pany; that the seal affixed to said instrument is the Corporate Seal of said Company; t hat the said Corporate Seal aud his/her signature were duly affixed by
order of the Board of Directors of said Company.
I ~'~1~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
a,d year ,r t above writte,.
MARY C. STEMPER· Notary Public· Ramsey County, MN
My Commission Expires November I, 1990
CERTIFICATION
· the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing co y of the Power of Attorney
and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, w th the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF. I have hereunto set my hand this
7 18~h November 88
day of ,19 . Secretary
29550 nev. 8-88 Printed in U,S,A. /-~ ~;>f7 t~