HomeMy WebLinkAboutReso 1989-13964 633
RESOLUTION NO. 13964 89H~ I~ ~ ~:~6
CHULA VISTA APPROVING FINAL MAP OF CHULA VIS~ C
TRACT 87-11, HIDDEN MEADOWS, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS ~
DEDICATED ON SAID MAP~ AND ACCEPTING ON BEHALF
OF THE CITY OF CHULA VISTA THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION
AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION 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 87-11, HIDDEN MEADOWS, and more
particularly described as follows:
Being a subdivision of a portion of the Northwest
Quarter of Quarter Section 116 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 said San Diego
County.
NO. of Residential Lots: 18 Lettered Lots: 3
Gross Area: 5.502 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: Tranquilo
Lane and Cuyamaca Avenue and said streets are hereby declared to
be public streets 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 drainage and street
tree planting, all as granted and shown on said map within said
subdivision, sub]ect to the conditions set forth thereon.
634
BE IT FURTHER RESOLVED that the City Clerk be, and she
~s 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 14th day Of February t 1989
for the completion of improvements in said subdivision, a copy of
which is attached hereto and Dy 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
J . irector of . ,
Public Works
"270a
-2-
635
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CH, , VISTA, CALIFORNIA, this 14th cloy Of February
19 89 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore
NAYES: Council members None
ABSTAIN: Councilmembers None
None
ABSENT: Cou nc i 1 members
~/~he City of Chulo Vista
AT TE S~'*~'f~'~ ~. ~
City Clerk
STi OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss.
.~ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
)O HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13964 ,ond fhot the some hos not been omended or repeoled
)ATED February 23~ 1989
:C-660
636
11/30/88
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 14th day
of February , 1989 , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and GENTRY
MEADOWS, LTD., 355 K Street-N, Chula Vista, Ca. 92010
hereinafter called" Subdivider";
~ I T N E S S E T H:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
HIDDEN MEADOWS (Chula Vista Tract 87-11)
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 Recerder
of San Diego County, or, as an alternative thereof, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at Subdivider's own expense,
all of the public improvements and/or land development work required
in ~said subdivision within a definite period of time prescribed by
said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public improve-
ment work required by City in connection with the proposed sub-
division and will deliver to City improvement securities as approved
Dy the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 13252 , approved on the 15th day
of September , 19 87 , and
Form No. CA-410
Revised 3/87
,
637
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. 88-545 throuqh 88-551 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 FIVE HUNDRED
FORTY-TWO THOUSAND, ONE HUNDRED DOLLARS ($542,100.00).
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-
638
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 oi 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 TWO HUNDRED
SEVENTY-ONE THOUSAND FIFTY DOLLARS ($271,050.00)
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 TWO HUNDRED
SEVENTY-ONE THOUSAND FIFTY DOLLARS ($271,050.00)
to secure the payment of material and labor in connection with the
installlation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of THREE
THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($3,200.00) (per
private engineer's estimate)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon
certification of completion by the City Engineer and acceptance of
said work by City, and after certification by the Director of
Finance that all costs hereof are fully paid, the whole amount, or
any part thereof not required for payment thereof, may be released
to Subdivider or its successors in interest, pursuant to the terms
of the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
-3-
639
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.
-4-
,- 640
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.
#
B I Gentry Construction Company Inc., By
,i~j~ , Billy I Gentry, Pres.
Mayor of h City of Chula
~' Ci e
Approved as to form by
(Attach Notary Acknowledgment)
0156a
Ack.o~v|edgmen| by Corporation which ~s Genera~ Partner)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
~ On this ay ol _ ,, _, in the year'19 efore me, the undersigned, a Notary Public in
' ,-- ' t B~ ] ] I Gent~y
~ and for said County and re, personally appeared Y , ,
~ ~ Personally known ~o me (or proved to me on the basis of satisfactory evidence) to De the person who executed
the within instrument as Presi dent
~ Z ~ ~X or on behalf of the Corporation
~ ~ therein named and on behalf of the Partnership; and acknowledged that the Corporation executed and the Part-
~ nership executed the instrument. Notary Seal
Notary Public in and for said County and State
LIST OF EXHIBITS
Exhibit "A" Improvement Security- Faithful Performance:
Form: BOND
Amount: $271,050.00
Exhibit "B" Improvement Security- Material and Labor:
Form: BOND
Amount: $271,050.00
Exhibit "C" Improvement Security- Monuments:
Form: BOND
Amount: $3,200.00
Securities approved as to form and amount by
~/~ /"}.~ity Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
· -:. 642
'~ :~'~. Bond No. 113 18 17
~ EXecuted in Triplicate Premium: $7,276.00
BOND FOR FAITHFUL PERFORMANCE
WHEREAS The City Council of the city of Chula Vista,
' Gentry Meadows, Ltd.
State of California, and
(hereina'fter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated
19 , and identified as project Hidden Meadows (~hula Vista
Tract 87-11) , iS hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and The Explorer
Insurance Company , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of Two Hundred Seventy One Thousand
Fifty and no/100 dollars ($ 271,050.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
F~uccessors, executors and administrators, jointly and severally,.
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
643
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, on February 3
, 19 89
Gentry; Me.adows, Ltd. T e Explorer Insura. nce Compa.ny
J~ A". M~s6n ,' A'ttorney-in-F~Ct
Contr actor S ur e ty
APPROVED AS TO FORM:
STATE OF CALl FORNIA
COUNTY OF San Dieqo On this ~rd February i989
day of , in the year __ , before me, the
undersigned Notary Public, in and for the State of California, personally
appeared Jo A. ~aso~
personally known to me {or proven to me on the basis of satisfactory
A~~~~~~A~"~~ evidence) to be the person who executed the written instrument as Attorney-
~"~'~:~?:,; NOTARY PUBliC - CALIFURNIA ~ that the Corporation executed it.
~,~y C~mmissi0n E~ircs September 20, lSg] A.D. 19 89
~.A~.%,.~.V...?~A~~ ~ Septe~er 20, 199 1
My Commission expires /
6 4 4 lls 17
Premium: $Incl.
Executed in Triplicate
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and Gentry Meadows. Ltd.
(hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project Hidden Meadows ,Chula v~
Tract 87-11/ , iS hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient payment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of Two Hundred Seventy One Thousand
Fifty and no/100 dollars ($ 271,050.00 ), for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
.. 645
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
February 3 19 89 .
Gentry Meadows, Ltd. .T Expl.or~er Insurance Compan. y
Contractor Surety
APPROVED AS TO FORM:
,'_-" Ci~.~ttorney
PW-E-34
STATE OF CALIFORNIA
SS
COUNTY OF san Diego On this ~3r~dday of February , in the year 1989 , before me, the
undersigned Notary Public· in and for the State of California· personally
appeared Jo A. Mason
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the person who executed the written instrument as Attorney-
In-Fact on behalf of the Corporation therein named and acknowledged to me
~2 ,..,/",'.'--:~ Ki~i,'-E'~ 2;2~.;'~:~]'FE % the Notary Seal this 3~rrd~ day of February~
· · .~ ' September 20, 1991
~ Lly Comlnlssi,sn Expires Sap:emhur 20, 1~;~1 ::;
, 'Public
ICW Cal 315R(04/86)
646
Explorer Insurance Company
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF .ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
~T0 A. YLASON
its true and lawful Attorneys(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-
Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary,"
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed
by its duly authorized officers this 8TH DAY OF DECEHBER 1986
c~ EXPLORER INSURANCE COMPAN~
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this E~TH DAY 0F DF. CE~BER ]-gE~fore the subscriber, a Notary Public of the State of California, in and for the County of San Diego.
duly commissioned and qualified, came DAVTD E o RODRT C~.S, .~R. ~ PR~.STDEI~T of EXPLORER INSURANCE CO. MPANY to
me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of
the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above
written.
· r - Nota~L"~
STATE OF CALIFORNIA
SS:
COUNTY OF SAN DIEGO
I, the undersigned, J.~vJ~S T~. AUSTTN TTT, SEC~j~.A.~¥ of the EXPLORER INSURANCE COMPANY, do hereby
csrtify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this
3rCl day of Fe]~ruary 19
EXPLORER INSURANCE COMPANY
Bond No. 113 18 18
in Triplicate 647 Premium: $96.00
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/W.e Gentry Meadows, Ltd.
as the subdivider and Principal, and the Explorer Insurance Company
a Corporation of the State of Arizona , as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of an
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of Three Thousand Two Hundred and no/100
($ 3,200.00 ) lawful money of the United States of America, to be paid t
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as Hidden Meadows(Tract 87-11) subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision 'and desires
to get same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if
Principal shall have set durable monuments of the survey by
(name of
, as per the final map of said subdivision, a copy of
Engineer)
which is on 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 complet
and acceptance of public improvements within said subdivision, then the
obligation shall be void, othersvise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this 3rd day of February , 19 89 ·
Gentry MeadoWs, Ltd .~.
~ ''/Pr~ncipal~ /
APPROVED AS TO FORM: _.~ Explorer Insurance Company
' ~' A~torney-in-Fact, Jo ~. Mason
.ff ,/ C~///A~torney "
PW-E-34
649
Explorer Insurance Company
..
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
JO A. MASON
its true and lawful Attorneys(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-
Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed
by its duly authorized officers this 8TH DAY OF DECEMBER 1986
¢~~ EXPLORER INSURANCE COMPANY
President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this 817t{ DAY OF DECEMBER 19~fore the subscriber, a Notary Public of the State of California, in and for the County of San Diego,
duly commissioned and qualified, came DAVID E. RODRICKS, JR., PRESIDENT of EXPLORER INSURANCE COMPANY to
me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of
the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above
written.
STATE OF CALIFORNIA
SS:
COUNTY OF SAN DIEGO
I, the undersigned, ,_IIM'q~S W. AUSTIN III, SECRE]7_A,-R¥ of the EXPLORER INSURANCE COMPANY, do hereby
certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this
3rcl day of gebruary 19 89
EXPLORER INSURANCE COMPANY
Secretary