HomeMy WebLinkAboutReso 1989-13935 (a)
RESOLUTION NO. 13935
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP FOR CHULA
VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO.
7, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE EASEMENTS GRANTED ON SAID MAP, APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS 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 86-3, BONITA LONG CANYON UNIT NO. 7,
and more particularly described as follows:
Being a subdivision of portions of Quarter Section 19
and 20 of Rancho de la Nacion, in the City of Chula
Vista, County of San Diego, State of California,
according to Map thereof No. 166, on file in the office
of the County Recorder of San Diego County, May 11, 1869.
No. of Lots: 123 Numbered Lots: 121
Lettered Lots: 2 Gross Area: 123.308 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 streets, to-wit: Country
Vistas Lane, Crestview Drive, Rimcrest Court, Bonita Canyon
Drive, Woodglen Terrace and Glen Creek Drive.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of sewer, drainage,
access, general utility and street tree planting, all as granted
and shown on said map within said subdivision, subject to the
conditions set forth thereon.
-1-
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.
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 8th day of ~,
1988__, a copy of which is attached hereto~and by reference made a
part hereof, the same as though fully set forth herein be, and
the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form bV
5155a
-2-
2133
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th doy of January
19 89 , by the following vote, to-wit:
AYES: Councilmen: McCandliss, Nader, Moore
NAYES: Councilmen: Malcolm
ABSTAIN: ~ilmen: None
ABSENT: Councilmen: Cox
MAYOR PRO TEMPORE
ATTEST.(~//~/,~_-~/' ~/7
S'IATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) sS.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, lrue ond correct copy of
RESOLUTION N0. 13935 ,ond thor the some hoe not been omended or repeoled.
DATED_
City Clerk
CC-660- ~p'i'
~ECO~D.~NG REQU~SI!{D ~Y
SUBDIVISION IMPROVEMENT AGREEMENT _!L! :' ~.:
of , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and BONITA LONG
CANYON PARTNERSHIP, By: McMillin Development, Inc., 2727 Hoover
Avenue, National City, Ca. 92050
hereinafter called" Subdivider";
W I T N E S S E T H:
WHEREAS, Subdivider is about to present to the City Council
of the City of Cnula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Chula Vista
Tract 86-3, Bonita Long Canyon, Unit #7
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
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. 12285 , approved on the 17th day
of December , 19 85 , and
Form No. CA-410
Revised 3/87
-1-
* 2124
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. 88-815 through 88-835 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 ONE MILLION
NINE HUNDRED TWENTY-FOUR THOUSAND DOLLARS AND NO CENTS ($1,924,000.00).
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 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 NINE HUN-
DRED SIXTY-TWO THOUSAND DOLLARS AND NO CENTS ($962,000.00),
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 NINE HUN-
DRED SIXTY-TWO THOUSAND DOLLARS AND NO CENTS ($962,000.00),
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 TWENTY-
FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) (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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2126
11. It is further understood and agreed by Subdivider
materials furnished and other incidental expenses) incurred by City
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, including, but not limited to damages to or taking
from 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-
2127
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~~LA~TA SUBDIVIDER: BONITA LONG CANYON PARTNERSHIP
. ~ SEE ATTACHED SIGNATURE PAGE
Mayor o t~e City oF Chula
Vista ~
Approved as to form by
' ' ty At~y
(Attach Notary Acknowledgment)
0156a
-5-
'2t28
BONITA LONG CANYON PARTNERSHIP
A CALIFORNIA GENERAL PARTNERSHIP
BY: McMILLIN DEVELOPMENT, INC.
A CALIFORNIA CORPORATION
GENERAL PARTNER
TiTLE: ~EXECUTIVE VICE PRESIDENT
TITLE: SENIOR VICE PRESIDENT
BY: HOME CAPITAL CORPORATION
A CALIFORNIA CORPORATION
GENERAL PARTNER
8/31/88
jb
COUNTY OF SAN DIEGO )
On this 14th day of DECEMBER , 19 8,8 before
me, JOYCE A. BENEFIELD , a Notary Public in and for
said state, personally appeared LLOYD V- HIL~ ,
personally known to me (Gr ~z~v&a t~ ,, w,, ~= ~_a"_a_-_ _-f
szti-_f-_ct-__~ .... J a .... ~ to be the EXECUTIVE VICE President,
and ROBERT L, JONES , personally known to me
SR. VICE PRESIDENT ~ Of M~I~IN DE~P~NT, INC., ~e
coloration ~at executed ~e within instment, ~o~
be ~e persons who executed the within inst~ent on behalf of
~e said co~oration, said coloration being ~o~ to me to be
one of ~e general pa~ners of MNITA ~NG ~YON P~TNE~HIP,
~e general partnership that executed ~e wi~in inst~ent, and
ac~owledged to me ~at such coloration executed the same as
such pa~ner and that such pa~nership executed ~e same.
WI~ESS my hand and official seal.
~i --,? 2,:'. .... , 1,
4~:,:~'~'=::''~'~'r' ..... OT~Y P
CAT. NO. NN00635
TO 1954 CA (9--84]
' (Corporation a_s z Parmcr of ~ Parmership)
O. j TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF D/a:, Z9
On D~Bt~/~f 1,~,/~ff before c, zhc undersigned, a Norlry Public in and for
s~jd StaLe, personally appezre~ ~7L~/~2~) ~. ' ~'/') ,")
pc-sonztly known to mc or proved to ~: on rhc basis of samfactory cv{dcncc to bc the person who cxccu~cd
v
r. hc wkhLn insu-umcnr., ~d acknowledged ~o mc that such ~] :~!~" ]:\ ANNABEL [.
corporation executed the same as such partner sa~d that ~ i 2"~'?'; ~ 'T] :::,~7:~P,' F,".,~,!C -
ruch pzrmcrshj? executed r. hc same· N 'j".j~: .:/r'rir c~?c~i 0; 4:~ ~ri %:s
WITNESS m~s~~
-
Si~arure , (This ~rc~ for official noudd sc'al)
v ~.-~ -
2130
LIST OF EXHIBITS
Exhibit "A" Improvement Security- Faithful Performance:
Form: BOND
Amount: $962,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: BOND
Amount: $962,000.00
Exhibit "C" Improvement Security- Monuments:
Form: BOND
Amount: $25,000.00
Securities approved as to form and amount by
i', f ~y Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
o ' (a)
- 2131
RESOLUTION NO. 13935
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP FOR CHULA
VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO.
7, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE EASEMENTS GRANTED ON SAID MAP, APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS 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 86-3, BONITA LONG CANYON UNIT NO. 7,
and more particularly'described as follows:
Being a subdivision of portions of Quarter Section 19
and 20 of Rancho de la Nacion, in the City of Chula
Vista, County of San Diego, State of California,
according to Map thereof No. 166, on file in the office
of the County Recorder of San Diego County, May 11, 1869.
No. of Lots: 123 Numbered Lots: 121
Lettered Lots: 2 Gross Area: 123.308 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 streets, to-wit: Country
Vistas Lane, Crestview Drive, Rimcrest Court, Bonita Canyon
Drive, Woodglen Terrace and Glen Creek Drive.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of sewer, drainage,
access, general utility and street tree planting, all as granted
and shown on said map within said subdivision, subject to the
conditions set forth thereon.
-1-
-' 2132
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.
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.
Improvement Agreement dated the d~J~
198 ~, a copy of which is attached hereto and by reference made a
part hereof, the same as though fully set forth herein be, and
the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
.
hn P ector ! omAs J.~/a~Fron, City Attorney
D of
Works .... /
5155a
-2-
[.':,_ L,< '!~_.E', 15: 2.1 II,.IIiLI_II ,~,ffl,iE'=. I.~1 b.2134 BCtqITA LONG ~ON UNIT ~. 7
~ , ' $962,000.00 ~D:
.': I , ~ [~]ND NO. ~J 392057
. Copy ~ ~ of 3 ~ecuted Cop~es PR~.Eb~d'~6,~'34.00
BOND FOR FAITHFUL PE~0~NCE
~E~AS, The City Council of the City of Chula Vista,
State of California, andlb~ Q~3i~:~ ~r~. & r~i,~i].]_'~n []~'~!mnt:,.
~'~in~ipal'r) have entered into an agreement wheroby principal
agree~ to instal~ and complete certain d~signated public .-
improvements, which said agreement, da~ed "
~9._._ , and ,identified a~ project ~qITA ~:qG C~Y~q ~IT ~. '7 .....
~'~r~ed to and made a part hereof; and
~E~AS~ Said principal is required under ~he ~erms
of said agreement to furnish a ~ond for ~he faithful performance
of said agreement.
NOW, THE~FORE, we, the principa~ and
~.,ID ~ ~S~N~ ~.~' ~ , as surety, are
~eld and ~irmly b6~ unto thECity' 'of ChUla vista, h.reinafter
cal~ed "City", in the penal ~ of NI~ h~ 9n~O
~a~u~ money of the United S~a~es'~ fo~ the paymen~"'~ich
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrator~, Jointly and severally,
firmly by the~e 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 ~he covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or ~heir part, to
be kep~ and performed at the time and in ~he manne~ ~herein
'specified, and in all respects according to their ~rue intent
and meaning, and shall indemnify and save harmle5~ the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obli~ation s. hall become null and void;
otherwise it sha~l be and remain in fu~ ~orce and
As a par~ of the obligation ~ecured hereby and in
addition ~o the face amount' specified therefor, there shall
included costs and reasonable expenses and fees, including
reasonable attorn~y's fees. incurred by the City in successfully
enforcing such obli~ation, 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, a~teration or addition ~o the terms of the
agreement Or to the work to be performed thereunder'or the
specifications accompanying the same shall in anywise a~fect
i~s obligations on this bond, and i~ does hereby waive notice
of.any ~uch 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 term~ of this agreement: -r_
,-j-- , . .
In witness whereof, this instrument has been'duly
executed by the principal and surety above named, on
_~F. Ji~ER .8 , 19 88 .
SEE A~fACHED SIGNATURE PAGE
~LL!ED DfrfUAL INSIIRANCE
FOR P.O. ~OX 1820
BONITA LONG CANYON PARINEIRSHIP LA ~4ESA, CA 92044
Contractor Steven ~'j. Da~o~ SUrety
~it"~torney
PW-E- 3 4
2136
BONITA LONG CANYON PARTNERSHIP
A CALIFORNIA GENERAL PARTNERSHIP
BY: McMILLIN DEVELOPMENT, INC.
A CALIFORNIA CORPORATION
GENERAL PARTNER
TITLE:~',~j ~
TITLE:~
BY: HONE CAPITAL CORPORATION
A CALIFORNIA CORPORATION
GENERAL PARTNER
/-
8/31/88
jb
') SS ·
COUNTY OF SAN DIEGO )
on tni /~ ~y ~ ~ . 19 z/. b, ror,
~~ ,P Y
co~oration ~at executed ~e within inst~ent, ~o~ to me to
be ~e persons who executed ~e within inst~ent on behal~ o~
~e said co~oration, said co~oration be~n~ ~o~ to me to be
one oZ ~e general pa~ners oZ ~NITA ~NG ~YON P~TNE~HIP,
~e general pa~nersh~p that executed ~e wi~in inst~ent, and
ac~owledged to me ~at such co~oration executed the same as
such pa~ner and that such pa~nership executed ~e same.
WI~SS my hand and oZZicial seal.
CAT. NO. NN00636
TO 1954 CA (9--84}
(Corporationezxner of a Parmcrship) Od
as' ~ TICOR TITLE INSURANCE
STATE OF CALIFOR~NIA }
co~ 0s %fi~/Plead ss.
o.,/'De e ~mber Iq, lePf bdorc mc the undcrsigncd, ~ Nomy Pubnc in and for
~jd State, pcr~onMly appc~-rcd ' ~~/2 f' ~r2 r2
pcr~n~lly kno~m to mc or proved ~o on r. hc basis of satisfactory evidence ~o be ~hc pcx~on who cxccutcd
d~e ~ri mcn~ and achowtedged to me ~ar such f,GVTiZ~, At,iN,~EL]
I ~ FRANK
~qTNESS my ~d ~d of~ci~ ~~ ~ 17:
S~z~rc ~-- Y~ (Th~ ~c, for of~ no~ ~)
STATE OF CALIFORNIA
CERTIFICA]' ES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) INDIVIDUALS
On this day of in the year __,before me
a notary public, personally appeared
personally known to me, or proved to me on the 6asis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) PARTNERSHIP
On this day of in the year __, before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) CORPORATION
On this day of in the year __, before me ,
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, Ejsecretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE'OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of Sa..n. Dieqo ') CORPORATION
On this 8th day of Dece.mber in the year 1988, before me I'(er~7 5ean.nette
a notary public, personally appeared Steven W. Dobson
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
~ My Commissi:,n E~!r s U';'-:7!"' 29. 139
Bd294 (1-87) 04 ~me/emeJeSee'e"~""'~"~"">" ..... ..... "'~ ..... :"~'~""'
2139
Power of Attorney
Insurance
KNOW ALL MEN BY TttESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereina~er called 'Company~,
does hereby make, constitute and appoint KE1Ttt E. CLEMENTS SttERRY HOFFMAN
KERRY JEANNETTE SIEVEN W. DOBSON
LA MESA, CA
each in his individual capacity, its true and lawful Attorney-ln-Fact with full power and authority to sign, seal, and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds gunran-
teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
( $ 2,000,000.00 )
and to bind the Company thereby, as fully and to the same extent as if such instrument~s were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACI'S
"Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney{s)-!n-Fact appointed by the President, or by a Vice President."
"Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
"Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrmnent of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President."
"Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a
Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant
Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall
be as effective and binding as the original seal."
"Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herera
in Sections 2 and 3 provided, or a Facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4
provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers."
"Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided."
IN WITNESS WIIEREOF, the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day of ~....~UGUST 1987
~.~-.':~::,~, ALLIED MUTUAL INSURANCE COMPANY
STATE OF IOWA $~';..~j~ By: ~[ President
COUNTY OF POLK ss ~';~.~I
On this 03 day of AUGUST ,"t 87 , before personally came John E. Evans, to me known, who, being by me duly sworn,
pursuant to authority given by the Board of Directors of safd corporal.ion and that he has sig ed his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporat~?A. Denning
~*" ,. S.A. DEHIqlbIG Notary Public in 'a
:. luY COMMISSION EXPIRES
~ 4-~3-8~ CERTIFICATE
I, the undersigned, Secretary oFALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and f'urther certify that Section 2, 3, 4,
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I
have subscribed my name and affixed the seal of the compan
19 -~-,~-~
this 8t.h day of l)eCCtlli:l~
This eower of Attorney expires *~:~'~*~e'~ Secretar
00726 08/03/90
Bd I (04-86) 00
?
.... 2140
[,E,'Z IDi: ' ?:_q it. :72 I'ICI'IILLIt OFF' ICES ['Elt', P. ?
' BONITA IDNG G~YON [2~IT ~.'~. 7
"* $962,000.00 REF: EY 268
~ ' / I3C',.-::D NO. t'~t 392(v~7
~ Copy # of 3 Executed Copies PJ~,LI[~',] [~..'a ...........
BOND FOR }LATERIAL AH.D LABOR
WHEREAS, the City Council of the City of chula
Vista, State of california, and lh~e. &~nibnl Om~. & ~%..~il_l~ D~.~n~Tcnt, Ins.
<be ~:nita IcaY~ Ch~u~ Ilm_lj~?.n:~b. ip ~' (~[er designated as
'~f~'c~F.~rff~ have entered in'eo an agreement whereby principal
agrees to install and complete certain designated public *-*
improvements, which said agreement, dated
19 , and identified as project BONITA LONG C'~/ff~N U~f 'NOT 7
, is hereby referred ~c and
made a par~
WHER-'AS, Under th~ terms of said agreement, principal
is required before enterlag uFon the performance of the work,
to file a goad and sufficient ~ayment bond With the City of
Chu!a Vista to secure the claims to which reference is made in
Title 15 (cc.-r,,encing with Section 3082) cf Part 4 Of Division
3 cf the Civil Code of the State of California.
NOW, THEREFORE, ~aid principal and the.undersigned
as corporate sure~y, are held firrr. ly bound unto the City of
Chu!a Vista and all contractors, subc~ntractors, laborers,
materialmen and other persons employed' in the performance of
the aforesaid agreement and referre'd ~o'in the aforesaid Code
of .Civil Procedure in the su~m. of ND~ HLE.-~.RED SIXTY-TW0' THOUSAND
AtrD I~D/jaO dollars ($~96~~ ~ 1, rc"7
mazerfal~' furnlsh_~d or ~i'l~b~r' ~hereon of any 'kind, 'c'~=f'6r amounts
due under the Unemployment Insurance Act with respect to such
wor.~: or labor, that said Surety will pay the same in an amount
not exceeding the an:ount heroinabove set forth, and also in
case suit is brouWht upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable exFenses and
fee.~, ~ncluding r~a~onable att_~rnelr'~'f~. 'incurred by ~he
City of Chu!a Vista in successfully enforcing such obligation,
to be a'..;arded and fi:.:ed by the court, and to be taxed as costs
and to be included in the judgmenz therein rendered.
' -. It is hereby expressly stipulated and agreed that
this 'bond shall inure to the benefi~ of any' and all persons,
companies and corporations entitled to file claims under Title
15 (co.."Lmencl:~g with Section 3082) of Part 4 of Division 3 cf
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,
t.~c.~ ~'~s obligation .~hall become null and void, otherwise it
~11 Do. and rc.-.;ain in full force and effect.
15 35x
5EC ,:."u4 ':E:',_~ 15:~'~ [1,LI.1ILLI~ C;FF,t,iE'S
-. '-- "2141
The surety. hereby stipulates and agrQes that no
change, extension of time, alteratiom or addition to the
terms of said agreement or the spocifications 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 e×ecut.ed by the principal and surety above named, on
December B 19 88 .
ALLIED FK/i~jAL INSURANCE COMPANY
FOR P. O, BOX 1820
~ONITA LONG CANYON PARINERSHIP' LA MESA, CA 92044
C'6nt~5~ Stevd~ W. ~ Surety
APPROVED AS 'O FOPC.I:
' ' "" :~'~t'~ A~/~n'~y .... ' "
PN-E-34
" 2142
BONITA LONG CANYON PARTNERSHIP
A CALIFORNIA GENERAL PARTNERSHIP
BY: HcMILLIN DEVELOPMENT, INC.
A CALIFORNIA CORPORATION
GENERAL PARTNER
BY: HOME CAPITAL CORPORATION
A CALIFORNIA CORPORATION
GENERAL PARTNER
8/31/88
jb
COUNTY OF SAN DIEGO )
on ! d y o le// before
personall '
) to be ~he
· ~ of M~I~IN D~P~NT, INC., ~e
co~oration ~a~ executed ~e wl~in insolent, ~o~ to me to
be ~e persons who executed ~e within inst~ent on behalf of
~e said co~oration, said co~oration being ~o~ ~o me to be
one of ~e general pa~ners of ~NITA ~NG ~YON P~TNE~HIP,
~e general pa~nership that executed ~e wi~in inst~ent, and
ac~owledged to me ~a= such co~oration exerted the same as
such pa~ner and tha~ such pa~nership executed ~e same.
WI~SS my hand and official seal.
~ ' '~ .... m e'er'h? ~.,'~ 31, 1989
· , ,
TO 1954 CA (9...-84}
(C~m, omdonPzrmer of a Partnership)
'-" TICOR TITLE INSURANCE
STATE OF CALIFOR~NIA }
COUNTY OF 6,4~ D/a=~ 0 ss.
sdd S 'raTe, penona/ly appeaxed' ~/L~-I/ e2 tP2r;~5)rsigned' a Nor. try Public in ~nd for
Dcmonaj/y known ~o me or proved to me on the basis of satisfactory evidence to be the person who executed
___ ~ personally known ro me or prov to me on th basis of satisfictory evidence
the corporario th (t x cu~ d the 'wi~ instrumen~ on
1! e .
r.: ~ __.a~.e~____. C[~:~',:i;~L SEAL
the within ins'a'urnent, and acknowledged'to me that such ~j':i~ ANNA~:z:L L. FP. ANK
corporadon execut-~d the saxne a.s such partner and that ",
such pazmerskip cx=cutcd the same.
'
5h'marurc t-~: .....,o_ _==., .... _- ....
. STATE OF CALIFORNIA "2 1ZI 4
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
, ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) INDIVIDUALS
On this day of in the year __, before me
a notary public, personally appeared .
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
County of ) PARTNERSHIP
On this day of ~n the year __, before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of ~n the year , before me ,
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed 'it.
Witness my hand and official seal on the day and year above written.
(SEAL) · NOTARY PUBLIC
STATE' OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of San D-ieqo ) CORPORATION
On this 8~h day of Dece__mJoe_r in the year 1988, before me t<er:Lr'y' Jeannetste
a notary public, personally appeared S'Eeven W'. Dobson
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
Power of Attorney
Insurance
KNOW ALL MEN BY TIIESE PRESENTS That At, LIED Mutual Insurance Company, a corporation organized
under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company',
does hereby make, constitute and appoint KEITIt E. CLENIENTS StlERRY tlOFF1MAN
KERRY JEANNET'rE STEVEN W. DOBSON
LA MESA, CA
each in his individual capacity, its true and lawful Attorney-ln-Fact with full power and authority Io sign, seal, and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
( $ 2,000,000.00 )
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
"Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-ln-Fact appointed by the President, or by a Vice President."
"Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
"Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President."
"Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a
Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant
Secretary, as heroinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may afl'xx the corporate seal, and a facsimile corporate seal affixed to any such instrument shall
be as effective and binding as the original seal."
"Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as heroin
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4
provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such offtoots.'
"Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1,2, 3 and 4 provided."
IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day of .~,~,~4UGUST 1987
ALLtE ,MUTUAL INSU NCE COMPANY
STATE OF IOWA ~k.8~)~ By: ~f President
COUNTY or POLK ss ~:[!'~I ~~
On this 03 day of AUGUST ,~87 , before personally came John E. Evans, to me known, who, being by me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and that he has sis ed his name thereto pursuant to like author-
A. Dcnning
,~"* , S.A. DENNING Notary Public in a
].~ ]k4Y COMMISSION EXPIRES
,0-, 4d3-89 CERTIFICATE
I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa, do hereby certify that the foregoing Power of Attorncy is still in force, and furthcr certify that Section 2, 3, 4,
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney arc still in force.
IN TESTIMONY WHEREOF, [ have subscribed my name and affixed~the seal of the cornpan'
this ~3~dl day of ~~ ~'/ 7~i~ ~
This Power of Attorney expires ~'~ Secretar
00726 08/03/90
Bd I (04-86) 00
/sq d
BOi~,'L% il)NG CANYON UNIi' NO. 7
'-'.' Copy # j~ of 3 Executed Copies'2146 S2S,000.O0~.,
~ND ~D. ~ 392058
P~I $ 175.00
SURVEY MONUMENT INSTALLATION BOND
H~ ~pi~l Co~. & ~.~ll~ ~lo~t, Inc. a ~fomia ~n~al
.
as the subdivider and Principal, ~d the_~L~m r~.
a Corporation of the State of ....... I~ ., as Sure~y, are held and
firmly bound unto the City of'Chula Vista, a m~'n'icipal 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-
didions hereof, tn the penal s~ of ~R~-F~ ~OUSE ED N0/100
($ 25~000.00 ) lawful money of the Uni'~ed S~ates of ~erica,
the' sa'id City 'of Chula Vista.
~EEAS, the said Principal is presently engaged in subdividin~
certain lands. ~o be known as~Q3ita~n9 C~yon Unit No. 7subdivision in the
City Of Chula Vista, in accordance with the"C~H~ra~ for Completion of '-
Improvements authorized .by Resolution ....... ~ -. , and
WNEEAS, the said Principal desires not to set durable monuments
prior to the recordation of ~e final map of the subdivision 'and desires
to g~t, same at a later date,
NOW, THEEFOE, the condition of the above obligation is that if the
Principal shal[ have se~ durable mon~ents of the survey by
~g~d ~!e H~y (name
ji.~92 ............... , as per the ~inaZ map.of said subdivision, a cop~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
thouqh here set forth in full, and according to the ordinances of the City
of ChuZa Vista in force and effect at the time of giving of this bond, on
or before the expiration of thirty (30) consecutive days following completic
and acceptance of pubZic improvements within said subdivision, then the
obli~ation shall be void, othe~ise to remain in full force and effect.
IN WITNESS WHE~OF, the said Principal and Surety' have hereunto set
~ei: h~ds, this._8~ day oZ _ DE~R ... , 19 S8 ..... .
SEE, AITAG~,D SIGNATURE PAGE (PrinCipal)
P ow.D AS - o FORM, __
~ "' 'City ...... , ~ Attorh~y'in-Fact S~'e~en W. ~bsor,
P, O. ~ 1820, ~ ~sa, G 92044
PW-E-34
F. F ::: , :.-, ,a 1 =_,: c, F; 1 R 1 q 4' ' ,7 c; I ':'3 '.'l: ':: F: 1 '= rT' ~ P A, F~ [ F~ F1,
BONITA LONG CANYON PARTNERSHIP
A CALIFORNIA GENERAL PARTNERSHIP
BY: McMILLIN DEVELOPMENT, INC.
A CALIFORNIA CORPORATION
GENERAL PARTNER
BY: HOME CAPITAL CORPORATION
A CALIFORNIA CORPORATION
GENERAL PARTNER
BY: /~ /~,j~~ ~
TITLE~' ~~ ~FJ~~/_/L/
8/3~/88
jb
COUNTY OF SAN DIEGO )
~ a~ ~f ~ , before
persona 1 ly e~ ident,
s t be e
and · , personally ~ ~ me (~
~ be ~he
T, INC., ~e
co~ora~ion ~a~ executed ~e within insolent, ~ ~o me ~o
be ~e persons who executed the within instmen~ on behalf of
~e said co~oration, said uo~ra~ion being ~ ~ me to be
one of ~e general pa~ners of ~NITA ~NG ~YON P~TNE~HIP,
~e general pa~nership ~hat executed ~e wi~in ~ns~ent, and
ac~owledged ~ me ~a= such co~ora~on executed ~he same as
such pa~ner an~ ~a~ such pa~nership executed ~e same.
WI~SS my hand and off~olal seal.
CAT. NO, NN00636
TO 1954 CA (9--8"}
(Comor'/don z Partner of a Parmership)
· " b,~J TICOR TITLE INSURANCE
STATE OF CkLIFORdNIA }
COUNTY OF 5A/tl D/E~D ss.
. On 7'De P ~rfi6er' It'/./e~ before me the undersigned, a Notary Public in and for
: personally kno~-n to me or proved to % the basis of sadsfictory evidence ~o be the person who executed
F~gJ~ E F'''
personally known ro me or
,
::' 77;,,,,e_ ~,o, 77j ~Y,'~.··
s~ch pa. rmership executed the same. ~~, ~:- ....~, . .... · , ~
~qTNzss ' ' i ::' ::'i: '.
Siznzrure ~,~~I~L].~ (ThiS axez for offici21 notL--ial seal)
r
-'- - °' 2149
· .-' STATE OF CALIFORNIA
· , CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) INDIVIDUALS
On this day of in the year ., before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) PARTNERSHIP
On this day of in the year ., before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) CORPORATION
On this day of in the year __, before me ,
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ~ D.i.m)go ) CORPORATION
On this 8th day of l:)L, calt)or in the year 1230 , before me
a nota~ public, personally appeared St~ ;~, ~bson ,
personally known to me, or proved to me on the basis of satisfacto~ evidence, to be the person who executed the within
instrument as a~orney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the day and year above wri~en.
Bd 294 (1-87)
/
Power of Attorney
Insurance
KNOW ALL MEN BY TllESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company',
does hereby make, constitute and appoint KE1Ttl E. CLEMENTS SltERRY IIOFFMAN
KERRY JEANNETTE STEVEN W. DOBSON
LA MESA, CA
each in his individual capacity, its true and lawfhl Attorney-In-Fact with full power and authority to sign, seal, and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
( $ 2,000,000.00 )
and to bind the Company thereby, as fhlly and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
"Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-ln-Fact appointed by the President, or by a Vice President."
"Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-I n-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by tile following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACFS
"Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President."
"Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a
Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant
Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall
be as effective and binding as the original seal."
"Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4
provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers."
"Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided."
IN WITNESS WltEREOF, the Coinpany has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day of ~UGUST 19 87
":;':::11ALLIED MUTUAL INSURANCE COFvlPANY
STA'FE OF IOWA {~':...S~?j By: ~f President
COUNTY OF POLK ss ~q!~";.~
On this 03 day of AUGUST ,'~87 , before personally came John E. Evans, to me known, who, being by me duly sworn,
pursuant to authority given by the Board of Directors of sv~id corporat. ion and that he has sig ed his name thereto pursuant to like author-
' 2gf~V
ity, and acknowledged the same to be the act and deed of satd corporate.hA. Denning
I~ 0~3 [ S.A. DENNING I Notary Public in a
, , MY COMMISSION EXPIRES
, ,, 4-i 3-89 CERTIFICATE
I, the undersigned, Secretary o[ ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa, do hereby certify [hat the foregoing Po~ver of Attorney is still in force, and Further certify that Section 2, 3, 4,
S, 6 and ? of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I 88
have subscribed my name and affixed the seal of the cornpan
, 19
this Sth dayof December ~.~;'~'.~-(&,
This Power of Attorney expires *~,'!?:~':j Secretar
00726 08/03/90
Bd 1 (04-86) 00