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HomeMy WebLinkAboutReso 1988-13542 1970 RESOLUTION NO. 13542 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 87-8, RANCHO DEL SUR PHASE 1 - UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS AND OPEN SPACE DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND APPROVING SUBDIVISION 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 87-8, Rancho del Sur Phase 1 - Unit 2 and more particularly described as follows: Being a subdivision of Parcel 2 of Rancho Del Sur, Phase 1, in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map Thereof No. 14967, filed in the office of the County Recorder of San Diego County, State of California. No. of Lots: 70 No. of Units: 69 Area: 19.816 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: SUNDOWN LANE, RAINBOW DRIVE, and SUNDANCE COURT 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 sewer, drainage, and street tree planting, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- 1971 BE IT FURTHER RESOLVED that said Council hereby accepts a fee interest in Lot B as shown on said map for open space, public utilities and other public uses. 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 26th day of April , 1988 for the completion of improvements in said subdivision, a copy o~ 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 4118a -2- - '1972 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th doy of April ~9 88 , by the following vote, to--wit: AYES: Councilmembers McCandliss, Nader, Cox, Moore NAYES: Counci ] members None ABSTAIN: Counci ]members Malcolm ABSENT: Counci ] members None the City of Chulo Visto AT TE if' City clerk , FATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Celifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. ~3542 ,ond thor the some hos not been omended or repeoled. / E'~L'TO: Revised 2/Z6/88 THZS AGREEMENT, made and entered into this 26th day of April , 1988, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RANCHO DEL SUR, a Cali£ornia General Partnership, 600 "B" Street~ Suite 700, San Diego, California 92101, hereinafter "Subdivider"; WITNESSETH: ~HEREAS, Subdivider is about to present to the City Council o£ the City of Chula Vista for approvaland recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 87-8 (Rancho del Sur) Unit 2 pursuant to the provisions of the Subdivision ~ap Act of the State o~ California, and in compliance with the provisions of T~tle 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 improvement work required by City in connection with the proposed subdivision 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. 13111, approved on the 7th day of July, 1987, and 88 t8 65 -1- - 1927 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. 87-569 and 87-557 through 87-555, 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 SEVENTY-NINE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS (~579,800.00). 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 the recordation of the map of said subdivider. 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- : " - 1928 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 TWO HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($289,900.00), 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 EIGHTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($289,900.00) 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 w~th the execution of this agreement, an approved improvement security in the sum of SEVEN THOUSAND DOLLARS AND NO CENTS (~7,000.00) 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. Developer acknowledges that the following improvements must be completed and accepted by the City prior to or apartment unit) in this subdivision tract to be occupied. Ao A traffic signal at the intersection of Telegraph Canyon Road and the southbound off ramps at 1-805 1929 B. A dual left turn lane configuration at the intersection of Telegraph Canyon Road and the northbound on ramp of 1-805. 11. 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. 12. 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. 13. 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. 14. 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 -4- 1930 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. 15. 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 CITY OF CHULA VISTA SUBDIVIDER.' RANCHO DEL SUR, ~ ~ ~/~ a California General Partnership · By: GADCo Investment Partnership III, Ltd., Mayor ~ ~e City of Chula a California limited partnership Vista By: Great American Development Company TT By: ' (Printed or Typed Name) Approved as to form by ~,,~ ~c~ pre~d~nt (Printed or Typed Name) A~i~t~nt Vic~ President (Title) -5- 1931 '.. BY: KG Otay Associates, Ltd, a California limited partnership William P'~EMck Kruer President By: GTK, Inc., general partner By: ~j,~<(~'~, ~eorge ~;omas Kruer President By: MRL, Inc., general partner RatheW ~onald Loon~ President By: Guttman Construction, Inc., By: ~~ BY: Mesa Del Oro Associates, a California general partnership By: Mesa Del Oro, Inc., general ~P~esid~nt r d Gardner (Attach Notary Acknowledgment) LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Unit Amount of Bond 2 $289,900.00 Exhibit "B" Improvement Security - Material and Labor: Unit Amount of Bond 2 $289,900.00 Exhibit "C" Improvement Security - Monuments: Unit Amount of Bond 2 $7,000.00 Securities approved as to form and amount by ~j/ City Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 3822a 1933 STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) On this ~h day of March 1988, before me, the undersigned, Notary Public in and for said State, personally appeared LAWRENCE A. HEFFNER and JAMES B. GARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Executive Vice President and Assistant Vice President Of GREAT AMERICAN DEVELOPMENT COMPANY, the corporation that executed the within instrument, such corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., the partnership that executed the within instrument, such partnership being personally known to me to be one of the general partners of RANCHO DEL SUR, the partnership that executed the within instrument and acknowledged to me that GREAT AMERICAN DEVELOPMENT COMPANY executed the within instrument as the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., pursuant to its bylaws or a resolution of its Board of Directors, and that said partnership executed the same as a general partner of RANCHO DEL SUR and that said partnership executed the same. WITNESS my hand and official seal.  Not_~_~ Public for State of California "' 1934 SLATE OF CALIFORNIA] COUNTY OF SAN DIEGO] ON THiS _L ...... oar OF __,_l~_~t~__c~_ ......Ig~__t, BEFORE NE Tile UNDER- SIRNED, ~ NOTJR~ PUBLIC IN ~ND FOR SAID COUNT~ JNB ~TJTE, PERSON- ALL r APPEARED ~L~~_~_~ ....... ES'IDE J TO BE TIlE F~L~L~ ....... EXECUTED THE MITHIN INSTRUMENT AND KNOMN TO HE TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRUHENT ON BEftALF OF SAID CORPORATION. KNOMN TO HE TO BE A gENERAL PARTNER OF ~_~__~_,_~_q]_~__, A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED TIlE MITHIN INSTRUHENT AND JCKNOMLEBCED TO HE THAT SU~ PARTNERSHIP EXECUTED THE SANE, PURSUANT TO ITS BY-LAMS, IN MITNESS MHEREOF, I HAVE HERE- UNTO SET ~Y HAND AND AFFIXED HY NOTJRIAL SELL, THE 9A Y AND YEAR IN TIllS CERTIFICATE FIRST ABOVE MR T T TEN, NY COHHI~SION EXPIRES- SAID COUNTY AN0 STATE ...... ~R_,~ ........ UN ABSENCE OF NOTARIAL SEAL. PLEASE FILL IN INFORMATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- _~>_~DA_~_~ZD3~ ........ ~_~D_ ............ STATE OF CAL [FORNIAI COUNTY OF SAN DIECOl SIgNED, A NOTARY PUBLIC IN AND FOR SAIO COUNTY AND STATE, PERSON- ALL Y APPUREO ~_~_~_~ KNOMN TO OF _~_T~_~_L ..... ~ CORPORJT[ON, THE CORPORJTION THJT EXECUTED THE KITHIN INSTRUMENT JN~ KNOMN TO NE TO BE THE PERSON MHO EXECUTED THE UITHIN INSTRUMENT ON BEHALF OF S~]D CORPORATION. ~_~~~,_~_~_, A P~RTNERSHIP. S~ID PARTNERSHIP BEING KNOMN TO ~E TO BE A C~NER~L P~RTNER OF _~_~__~_~_~ ~ P~RTNERSHIP, THE P~RTNERSHIP THAT EXECUTED THE MITHIN INSTRUMENT ~ND ~C~O~LEDGEB TO ME THAT SUCH PIRTNERSHIP EXECUTED THE S~ME. PURSUINT TO ITS IN VlTNESS MIIEREOF. I H~VE HERE- UNTO SET ~ H~ND IND ~FFIXED ~ NOTIRIIL SE~L, TIlE 0~ ~ND ~&IR IN THIS CERTIFICITE FIRST ~BOVE ~~~_~ MR I T TEN. " ~ CONNISSION EXPIRES- SJID COUNTE JND STJTE HN JBSENCE OF NOTJRIJL SEJL. PLEJSE FILL IN INFORNJTION BELOM] PRINClPJL PLJCE OF BUSINESS- PRINT NJNE- ........... ............... 1935 STATE Of CALIFORNIA/ COUNTY OF SAN DIECO1 SICNED, A NOTARY PUBLIC IN ~ND FOR SAID COUNTr AND STATE, PERSON- ALL ~ APPEARED ~_~__~__~_~__~_~.__~o_~_~j_~, KNOMN TO ~E IPROVED TO ~E THE B~SI$ dF S~TISFACTORY EVIDENCE] TO BE THE _~~_ gF _~_~__~ ...... ~ CORPORATION, THE CORPORATION TIt~T EXECUTED THE MITHIN INSTRUMENT AN~ KNOMN TO M TO BE THE PERSON MHO EXECUTED THE MITHIN 1NSTRU~ENT gN BEIt~LF OF S~10 CORPORATION, KNOMN TO ~E TO BE ~ C~NERAL PARTNER OF _~_~__~__~ ...... ~ PARTNERSHIP, THE PARTNERSHIP THaT EXECUTE~ THE MITHIN TNSTRU~ENT ~ND KKNOMLEDCED TO ~E THaT S~ PARTNERSHIP EXECUTE~ THE PURSUANT TO ITS IN MITNESS MHEREOF, I HAVE HERE- UNTO SET MY HAND AND AFFIXED MY NOTARIA~ SE~L, THE DAT AND MR T T TEN, HY COH~ISSION EXPIRES- SAIO COONTY AND STATE .... 3_~_3_~ .........19__~.~ tIN ABSENCE OF NOTARIAL SEA(, PLEASE FIlL IN INFORMATION BELOM) PRINCIPAL PLACE OF BUSINESS- PRINT NA~E- STATE OF CALIFORNIA} COdNTY OF SAN OIECOI THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE _~_~.~ ..... ~F~ZZ~__~d~_~ ~ CORPORATION, THE CORPORATION THaT EXECUTE~ THE MITHIN INSTRUMENT ~ND KNOMN TO HE TO BE THE PERSON VHO EXECUTED THE MITHIN 1NSTRUHENT ON BEHALF OF SAID CORPORATION, ....... ~ ...... A PARTNERSHIP, SAID PARTNERSHIP BEINg ~d~N TO ~E TO BE A CENER~L PARTNER OF _~__~__~ ...... ~ Y~RTNERSHI?, THE PARTNERSHIP THaT EXECUTEO THE MITHIN INSTRURENT ~ND AC~OMLEDCED TO ~E THAT SUCH PARTNERSHIP EXECUTED THE PURSUANT TO ITS BY-LAMS. IN VlTNESS MHEREOF, I HAVE H~E- UNTO SET HT HANB AND AFFIXEO HY NOTARIAL SEAL, THE DAY ANO YEAR IN THIS CERTIFICATE FIRST ABOVE ~~~_~ MR I T TEN. ~Y COmmISSION EXPIRES- SAIO COUNTY ANO STATE ..... ~__~ .......... 19__2~ [IN ABSENCE OF NOTAR[AL SEAL, PLEASE FILL IN INFORHATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- _~a_P~,_~3~_~p~___ ~S KOHO STARE OF CAL IFI1RNIAI COUNTY OF SAN DIECOl ON THIS ....... DAY OF j~__~Z~___c~ ....... 19~_~, BEFORE HE rile ~f ~_~_~9_g~_, ~ C~R?~ATI~N, THE CORPORATION THAT EXECUTED THE ~ITHIN IN~TRIIHENf AND KNOWN ~ HE ~ BE THE YERS~N MH~ EXECUTED THE ~ITHIN INST~U~ENT ~N BEItA~f ~f ~I~ CO~?O~ATI~N, SAI~ CUbPOtATION BEINC KNOWN TU ~E To BE ~ C~NERAL ?A~TNE~ Of ~ ~0~ ~,~ . ~ PARTNERS P, S~ID P~RTNERSHIP BEINC ~ PARTNERSHIP, TttE PARTNERSHIP THAT EXECUTEO TIlE MITHIN INSTRUMENT ~ND ~CKNOMLEDCED TO HE THaT SU~ PARTNERSHIP EXECUTED THE SA~E, PURSUANT TO ITS BY-LAMS. IN VlTNESS MHEREOF. I HAVE HERE- UNTO SET ~ HAND AND AFFIXED ~ NOT~RIAL SE~L, THE DAY ~ND IN TIllS CERTIFICATE FIRST ~BOVE MRZTTEN. ~f COmmISSION EXPIRES- t~ f SAID COUNTf AND STATE ...... ~_~ ......... 19__~o fIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORHATION BELOM) PRINCIPAL PLACE Of BUSINESS- PRINT NAHE- _~_~_~~_ ....... ~_~_ ........... STATE OF CAL IFORNIAI COUNTY OF SAN DIECO} ON THIS _~_~_~ DAY OF _~ ..... I~, BEFORE HE TIlE UNDER- SICNED. A NOTARY PUOLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ALL Y APPEARED ~E~k_~~_~KNOMN TO HE [PROVED TO HE ON . THE BASIS OK SATISFACTORY EVIDENCE) TO BE THE _~~_~ ....... Of ~_~3~_]Y_~___. A CORPORATION. THE CORPORATION THAT EXECUTED THE MITHIN INSTRUMENT AND KNOMN TO HE TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID COR? ~ATION BE ~ KNOMN ~ ~E TO BE A CENERAL PARTNER OF _~_~_~~ A PARTNERSHIP. SAID PARTNERSHIP BEINC ~WOMN TO HE TO BE A CENERA~ PARTNER OF ___~__~_~__~_~ .... A PARTNERSlilY, THE PARTNERSHIP THAT EXECUTED THE MITHIN INSTRU%ENT AND ACKNO~LEOCEO TO HE THAT SUCH PARTNERSHIP EXECUTED THE PURSUANT TO ITS IN VlTNESS MHEREOF, I HAVE HERE- UNTO SET HY HAND AND AFFIXED HY NGTARIAL SEA~, THE DA f AND fEAR MR I T TEN. ~f COHHISSION EXPIRES- S~ID COUNTY AND STATE HN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN {NFORHATION PRINCIPAL PLACE Of BUSINESS- PRINT NAHE- ~ v 11 9 37 Bond No. 11132548865 BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of t~e City of Chula Vista, State of California, andRANCH0 DEt SUR, a Ca]if0rnia Genera] Partnership ............................... (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public 'improvements, which said agreement, dated 19 , and identified as project RANCH0 DEL SUR UNIT 2 ........... , 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 andTHE AMERICAN INSURANCE COMPANY ................................................. , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of TW0 HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED AND N0/]00 ................. dollars ($289,900.00 ) lawful money of the United States, for the payment 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- 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 jhdgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the -2- agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the -agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on MARCH 15 , 1988 SEE ATTACHED THE AMERICAN INSURANCE COMPANY 7Christine A. Paterson Attorney-In-Fact Contractor Surety APPROVED AS TO FORM: STATE OF CALIFORNIA SS COUNTY OF jan Diego On this ]Sth day of March , intheyear 1988 ,before me, the undersigned Notary PUblic, in and for the State of California, personally appeared Christine A P_a, tPrSnn 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 '/~A'~7~4~.~""7?~'v"'~ that the Corporation executed it. I' ' FL'.[T:2 ),L I~E';'I::~S < Given under my hand and the Notary Seal this 15th day of March ~ i ' .L ~;, .CS iN ~ My Commission expires 1939 DEVELOPER RANCHO DEL SUR, a California General Partnership Ey GADCO Investment Partnership III, Ltd. a California limited partnership BY: Great American Development Company, a California Corporation BY: C,~C~7~. (Printe~ or typed Name) (Title) 1940 BY: KG 0tar Associates, Ltd , - - a California limited partnershi] · - . ~.:. MATI4EW LOO~IN (Printed or typed Name) (Title) BY: , . , . (P:~n~ed ~ ~yped Name) (Printed or typed Name) (Title) BY: GutSart Construction, Inc. (Printed or typed Name) . (Title) BY: Mesa De! Oro Associates, a California general partnershi] BY: Mesa Del Oro, Inc., general partner BY: ~ (Printed or typed Name) (Title) BY: Costa Azul, Inc., general partner (Title) PO~'ER OF AI'rORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal offce in the City and County of San Francisco, California. has made. constituted and appointed, and does by these presents make, consntute and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally its true and lawful Attorney(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 and to bind the Corporation thereby as fully and to lhe same exlent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming a, that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nov, in full force and effect. "Article VIII, Appoin tineat and Authority Assistan t secretaries, a~d A ttorney-in-Fact and Agents to accept Legal Process and Make Appearances. Sectjoe 30, Appointmerit. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a menling duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporalion may be affixed or primed on any power of attorney. on an.', revocation of an) pov. er of attorney. or on an>' certificate reinling thereto. by facsimile. and any power of a/torney. any revocation of any pov, er of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." 1N WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these proseins to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 11 t h day of Au c:3 u s t 19 86 THE AMERICAN INSURANCE COMPANY STJ~TE OF CAI.LFORNIA COUNTY O~ MARIN ss. Onehis 11 th dayof A',guSt , to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY. the Cot: potation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seaL; that it was so affixed by order of the Board of Directors of said Corporation and thai he signed his name thereto by like order IN WITNESS WHEREO/:, I have hereunto set my hand and affixed my official seal. the day and year herein first above written. - OFFICIAL SEAL  $USIE g. GILBERT -= '? '- NOTA~Y PUBUC - CALIFORNIA " Pnn{~sl O,i(e in Marin County ~ Noiar~ Publ,c ~ ' My C0mmiss~n Ix;ires NOV. 17. 1988 :. CERTIFICATE $T. AI'~ OF CA~YORNIA COUNTY OF MA.B.I~ I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NE~,' JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing and attached POg;ER OF ATTORNEY remains in full force and has not been revoked; and furlhermore Ihai Arlicle VIII, Sec- lions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are nov. in force. Signed and sealed at the County of Marin. Dated thel5th day of MARCH , 1~.~ Residenl Assistant Sectnear) :]60711 -TA-5-81 ,/',_ - ,, :: ,' ~, 1943 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this t6rh day of March 1988, before me, the undersigned, Notary Public in and for said State, personally appeared GUS OROZC0 and JAMES B. CARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vi~ Pr~gident and Assistant Vice President Of GREAT AMERICAN DEVELOPMENT COMPANY, the corporation that executed the within instrument, such corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., the partnership that executed the within instrument, such partnership being personally known to me to be one of the general partners of RANCHO DEL SUR, the partnership that executed the within instrument and acknowledged to me that GREAT AMERICAN DEVELOPMENT COMPANY executed the within instrument as the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., pursuant to its bylaws or a resolution of its Board of Directors, and that said partnership executed the same as a general partner of RANCHO DEL SUR and that said partnership executed the same. WITNESS my hand and official seal. Notary. Phbli~ for State of ' o"" Jcj t l California MME (7r cM ITORNIAI COUNTY OF SAN DIECOl SI.C. NfD, A NOTANT PIIBLIC IN AND FOR SAID E:.tlUNTY AND ,~TATE, ?fRSFIN- All I' APP(ARED [~I~J:~C~_Z~.~L,~L~__, ~O~N TO fie I~OVE~-4~F~N ll~g~ H~FACf~T~BEN~ TO BE Y/E ~Ld,~'=~j]~[ .......... ~CUrEO Zt/~ ~lTtll~ I~STRIIFlFNT J~O ~'~ l~ flF TB BE HIE fltO EXF~I/TEO TIlE MITItI~ I~SlRlhTE~T 0~ BEltAlE ~F ,~AI0 SAID CORPORATION BEINC ~NOMN TO ~E TO BE J CENTrAl PARTNER OF ~2L'll~ /~b':~j~S/l ~ ~ PARTNERS!tIP, SAIO nARTNERSItIP BKINC A PARTNERS/tIP, HIE PARTN[R,~IflP H/AT E. It'CIIT~D H/E MIZHIN ANTI A~KNOY(EOGED TO HE FItAT ,qI/Qt PARFNERSItlP LFFCIHED TIlE PI/RSUANF ~0 ITS BT-LAMS. IN MIFNES,9 MHFREOF, I/lAVE ItNTO SET fly I/AND AND AFT lifo HY NO~ARIA~ S~AI, HIE DAY AND ~{AR MRIFHN. SAID ~OUNFY AND tIN ABSFNCF Of N~TASlAI SEAl, PtEA,gE fit/IN INFOR~ATI~N BFIUVl PRINCIPAt FItACE OF BIISINES,~- PRINT STATE OF CAL IFORNIAI } ,~ ~ C~UNTY ~ ,~AN DIECOt ri~-~A f l~Mr 4Vl~ENCE] Tfl BE TIlE __.5_,=~7~JJ/~ OF __~=L~_~'_~_~_~'=~ ..... A CBRPORATI~N, HIE CORPORATION H/AT fTECUTEO TIlE M/THIN IN, DTRIIFlENT AND NNOVN TO HE lO BE HIE PERSON MHg E]'EClITFD TIlE rlTHIN I~TRUFlENT BN BElIAIF ~F S~ID C6RP~RATf6N, SAID CORPdRAT10N BllNC NN~MN T~ ~E ~ BE ~ CINfRAI PARTNER ~F L~_.(:~y_f~jI[~L'=~_IJ~~ ~ PARTNERSflIP, SAID P RINER,~ttIP BIINC ~i~N In HE Tg BE A ~ENERM PARTNER BF ._]_~{)z~L~CL~_.~'{__~.C.:=_ .t~ ....... A PARTNERSItI?, life PARINIR,~I/IP rltAT E.i'EFIITED TIlE MITItIN 1NSIRIIHINT AND AFAW~lqEDCfD TO fie THAT ,DUCI/ PARTNER,91/IP t.t'fCYTtP T/If' RIRSI/ANT Tg ITS BF-LAV, q. IN MITNFS,9 MItERFOE', I//AVE ItlRI'- I/NTO SUM I/AND AND MFLI'ID NGTARI/1,9~1, lltF DAY AND 1tAR IN THI,V CIRTIEICATI' FIRST ABOVE ItRITTEN. fir CgH~lS, q10N f.IPfRIS- N~TA~I' PIIBI IC IN AND fOR fIN AB,9/NCl' Of NOTARIAI ,qf,4l, PLEASE FIll IN INI'~R~ATIgN PRINCIPAl rl/(l OF 9USINf,DS- I'RINf NA~F- SLATE or CA/I/I1RNIAI COIlNTY OF ,fAN OllCDI oN Tl, IS _/.~ .~' ,.' .~.t~.b_ .....~9~...Z. Z~EORE /~E TIlE//,,,R- SICNED. A NOTARY P/IBllC IN AND fOR SAID CtNINTI' AND SIATf', PERSfiN- A/ l r APPFAR~ D /fJ, gZ,~tEIzZ_I~ d.~Wz~_, ~aMH ~ 0f $~t,~f~Cf~Y [V/DE~I ~n ~ file .~/D~E_ .... E.I~I/TED HIE MIHtIN INSIRIIhENT ~ND ~VN 1~ ~f TO ~f flIT P/RS~N ~1f0 [XE{I/T/'D lltf VIHflN 1N,~TRIh~ENT ON S~ID CORPORATION BEINC ~MN T~ ~E TO BE ~.~_~ .~d~(~._~ A PARTNERStt P. SAID' PARINIR51flF BEINC ~OVN TO ~0 BE A CfNIRAI PARTNER Of A PANTN(R,fIfIP. TIlE P~RTNfRSItlP TItAT I.)IClIT/D fife ~'1TIt1N IN, fIRIIHfN/ ANP A~KNOVt EDC~P TO ~E' TItAT SIIClt %ARINiRSItIP [.I'EClIT[D TItK SA~[, PURSUANT TO ITS IN VlTNESS VHFRfOf. I !tAr{ II~RE- /INTO SET h)' ItAND AND AFFI~TD hY NOTA~IAZ S[AI, /lIE 0~' AND )fAR VRITTEN. ~Y CON~/,FSION [~PIR~,F- NIIlARY t'/lfi/ /C IN ANI) /I1R fIN ABSFN(E OF NOMRIAI SIAl, P[IASE I'1/I/N I~¢OR~ATI~r Itfl(tMl P~/NCIrA& P~ACE or BIAflN(,~S- I'~INT STA T( OF'~A~ /FORN~ ........ COUNTT OF SAN DIECO/ ON THIS __~_~!~__ DAY OF ___~_~E_~_~_ .......19__~_~, BEFORE HE THE SIGNED, ~ NaTARY PUBLIC IN AND FOR SAID couNTY AN0 STATE, PERSON- ALL Y APPEARED JACK GU~AN , KNOMN TO HE tP~~ ~'~=~qG~=~ TO BE THE _~~_~ ........ OF ~.~ ~_~. ~.~ CORPORATION, THE CORPORATION THAT E~CUTEO THE MITHIN INSTRUMENT AND KNOMN T~ HE TO BE THE PERSON MHO EXECUTEO THE MITHIN INSTRUHENT ON BEHALF OF SAID CDRPORAT10N, YAlO CORPORATION BEINg KNOMN TO HE TO BE ~ CENERAL PARTNER OF ~_~_~_~_~_~.~_~, A ?ARTNERSH1?, SAID PARTNERSHIP BEINC KNOMN Tg HE TO BE ~ C~NER~L PARTNER OF _~_~_~_ ....... ~__, ~ P~RTNERYHIP, THE P~RTNERSHIP THAT EXECUTED THE MITttIN INSTRUHENT AND ~CKNOMLEDCED TO HE THAT SUCH PARTNERSHIP EXECUTED THE SA~E, PUrSUaNT TO ITS BY-LAMS. UNTO SET ~ H~NO ~ND ~FFIXED HY NgTARIAL SEAL, THE DAY AND TEAR ~'~'~ ~ ' IN THIS CERTIFICATE FIRST ~BOVE HY COHHISSION ~PIRES- NgTARY PI/BL IC IN AND FOR ...... ............ C UNr sr rE [1N ABSENCE OF N~TARIA~ SEAL, PLEASE FILL IN INF~RH~TION BELOM) PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- 51AIL~Ot CAI III1RNIAI COUNTY lit' ,~N OIlCOl SICNED. A NOTARY t'IIBZIC IN ~ND t'0~ 5~ID C~IONIY ~ND ST~It, PERSON- E.~'ECl}TE~ TItE MITItlN INSIRIIhfNT ~ND ~OMN I~ ~[ TO BE lltK PfRSgN VIf~ EXEClITED TIlE MIIHIN INSIRU~ENT ON BEIt~LF OF S~I~ CORPOraTION. SAID CORPORATION DEINC ~OMN TO ~E TO BE A C~'N~RA~ PARTNER OF ~ P~RTNFRSIIIP. TIlE P~RINE~SttlP TIt~T L~'E~IIIED TII[ VIIItIN INSIRII~NT ~NV ~CNNgVI EDC~ 10 hE T~T SO~t P~RTNERSItlP ~,VECUTED TItE S~ME. PURSUANT [0 ITS BT~L~MS, IN MITNESS MH~REOF. I tt~Vf UNTO SET ~Y ItAND AND MFIXED ~Y NOT~RIAL S{AI, TNE DAY AND IN IIII5 CERTIFICATE FIRST ABDVE VRITIEN. ~Y CON~IS510N EXPIR&~- ~;~ARY I'1~ I SAID COUNTY AND SIATE fin ABSENCE OF N~TARIAL S[AL. PLEASE TI{I IN INFORMATION PRINCIPAL PLACE OF BOSINESS- I'~INI NA~E- STATE OF CAL IFURNIAI COUNH' OF SAN DIECOl ut~-~sl~-oF--s~usr~cr~ar EVlt~ENCE~ 1~ ~E INE Z1~'~,z~']:: ........ : Or ,:~ .~j~DJ~]Jj!~j~::_, A CORPORATION. T~E C(1RPORA I I gN Ttt~ T EJ~CIITED TItE NITHIM 1NSTRN~ENT ~HD NNOMN Tg ~E TO BE THE P,ERSON MHO EJ'EC~TED THE vllHIN INSTRU~IHT ON BZlt~fF OF S~ID CgRPORJTION, SjlD CORPgRJTION BEING NNgVN Tg fie I~ BE ~ CfNl~ P~RTHt~ OF _~::gJ'2~2~'~)~:2:~2~3.2~ ~ I'JRTNERSHIP, SJID ~ RTN~&fItlP BEING ~ P~RTNERSIIIP. TIlE PJRtNIRSItlP rlt~T LrECUTED THE MITll1N INSIRII~EHT ~ND ~C~HOV~EDCED T0 NE llt~T Sggll PJRTN~SNIP PIIRSII~NT I0 ITS IH Vl TNF.f.f MitERrOE. I It~ VE It~ Rf - HgTJRIJL .~fjL. TIH DJ ~ JND IN TNIS CERTIt'ICJIE FIRST ~ CO~ISSIgN E,l~lR[S- N~T~RY PllBI IC IH u~ ~BsiNcz ~r ~Ibs1~1 .~. PfZK~E Flit IN INf EIR~JTION PRINClPA~ HLAC~ Or t~USINfSS- f'RINr Nbnr- ....... 1948 Bond No. BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and RANCH0 DEL SUR~ a California General partnershiD ......................... (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 RANCH0 DEL SUR UNIT 2 ....... ........................................... , 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 tae aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of TW0 HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED AND N0/]00 ............. dollars ($289,900.00 ...... ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. -- 1949 -2- The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on MARCH 15, 1988 SEE ATTACHED THE AMERICAN INSURANCE COMPANY BY: /Christine A. Paterson Attorney- I n - Fact Contractor Surety APPROVED AS TO FORM: A C i t~ttorney STATE OF CAUFORN~A S$ COUNTY OF San D~0 0. m~ 15th4a~ e{ March , ~. ~he yea~ 1988 ,5e~o~e me, ~e undersigned Notary PUblic, in and for the State of California, personally appeared Ch~ne A, Pa~s0n personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as A~orney- In-Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. 15th March ' : , ~' : ~,:CE ~N ~ My Commission expires -' 1950 DEVELOPER RANCHO DEL SUR, a California General Partnership GADCo Investment Partnership III, Ltd, a California limited partnership BY: Great American Deve!oDment Company, a California Corporation B Y: (Prin ame) (Printe~ or type~ Name) 1951 BY: KG Otay Associates, Ltd., : a California limited partnership - BY: WPK, Inc., general partner (Printed or typed Name) (Ti~le)~~ ~. BY: GTK, Inc., gener 1 partner BY ~! -- (Printed or typed N~e) : (Tit!~~ ~BY:,. , BY: G~tt~an Constr~ction, Znc, ~ aener par n. - ,"' er ~ BY: / ~~ ? (Printed or typed Name (Title) BY: Mesa Del Oro Associates, ~ a California general partnershj BY: Mesa Del Oro, Inc., (Printed or typed Name) (Title) BY: Costa Azu!, Inc. , ~(P~inte5 or typed Name) (Title) GENERAL PO~.'ER OF .ATrORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey. and having its principal office in the City and Coumy of San Francisco, California, has made. constituted and appointed. and does by these presents make. constitute and appoint WAYNE G. PLAZAK, FDWARD BRUCF MILLFR and CHRISTINF A. PATFRSON join1:ly or severally ? its true and lawful Attorney(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 ......................... and to bind thc Corporation thereby as fully and to the same extent as if such bonds were signed by the Resident. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorncy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nov, in full force and effect. "Article VIll, Appointment and A uthority Assistant secretaries, and A ttorney-in-Fact and Agents to accept Legal Process and Make Appearances. .Seelion 30, Appointment. The Chairman of the Board of Directors. the President. any Vice-President or any other person authorized by the Board of Directors. the Chairman of the Board of Directors, the President or any Vice-President, may. from time to time, appoint Resident Assistant Secretaries stud Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointn~ent, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by By penon empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and hetd on the 2gth day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and lhe seal of lhis Corporation may be affixed or printed on any power of attorney. on any revocation of any pov,'er of attorney. or on an) certificate relating thereto. by facsimile. and any power of attorney. any revocalinn of any power of attorne). or certificate bearing such facsimile signature or facsimile seal shah be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this llth dayof August 19 THE AMERICAN INSURANCE COMPANY By Vice-Pre,:denl STATE OF CALIFOYLNLa, COUNTY OF P~ } as. Onthis I 1 th dayof August , 19 86 , before me personally came Richard Wi l 1 tams tO me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cot'- potation described in and which executed the above instrument; lhat he knows the seal of said Corporation; that the seal affixed to the said inslrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name therelo b)' like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year heroin first above written. : OFFICIAL SEAL i ! ~ SUSIE g. GILBERT "- NOTARY PUBUC - CALIFORNIA solar> Puhimc Pnncq~sl Office in Marin County My Commission [xr. ires Nov. 17, 1988 '~smmmnmmsmmmmummsmmmmsmsmmmsmmssmmLmmmmmmmmmsmnssmmssml CERTIFICATE STATE OF CALIFORNIA } COUNTY OF MA.RIN ss. I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing and attached PO~'ER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution of Ihe Board of Directors, set forth in the Power of Attorney, are nov. in force. Signed and sealed at the County of Marin. Dated thelSth day of MARCH , 1~,8 360711-TA-5-81 1954 STATE OF CALIFORNIA) ) SS. COUNTY OF SAN DIEGO) On this ]6th day of March 1988, before me, the undersigned, Notary Public in and for said State, personally appeared GUS 0KOZC0 and JAMES B. CARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the vir~ President and A~m~stant Vice President of GREAT AMERICAN DEVELOPMENT COMPANY, the corporation that executed the within instrument, such corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., the partnership that executed the within instrument, such partnership being personally known to me to be one of the general partners of RANCHO DEL SUR, the partnership that executed the within instrument and acknowledged to me that GREAT AMERICAN DEVELOPMENT COMPANY executed the within instrument as the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., pursuant to its bylaws or a resolution of its Board of Directors, and that said partnership executed the same as a general partner of RANCHO DEL SUR and that said partnership executed the same. WITNESS my hand and official seal. Notar~ublid for State of OFFICIAL SEAL Ca 1 i f o rn i a  KR!S KOHO S,~,~ DIE :3 ~;CL 'FY My (' :,'~'m [:~p. June 1.19gO -', 1955 SlJlf Of CAt ITORNIA] h.~ t70YIHY ~f S~I4 o'tr. lltgD Ill{ ~IIIlIN INSILtlIfft~f JND I(I~O~N H1 lie H1 It.f lltf I'tltSON Yftg OrfOItt~ Yt[ YIILtlN INSILtlh~gI~f gN ItEItJIf' elf sJl~ Ctl~pOItJIIOI~. tJl~ftlfll~ltlp, llt_f I~J~INFleSItii' IltJt t.',r[Clltl~ Iltf PILLtIN INSILtlIII.Y~t IN~ JrlfNO1'lfOC,{O 1~ ltC' IlfJt SIICY I'JI?tN[~SItlP [XtC, III.FO HIE SMLF. IN ~ItI~[SS ~tt[I?[OF. I tI~Vf IttR.f- I1~ IllIS CHetlFICJt{ flf~t JBOV{ fIN JBStNCF OF NOtJttlJI SEJI, I'LEJSE fill IN INfOR~JTIgN Itfl. llVl t'RINCIP~I PIJC. E Of BIISINESS- I'~I~I 81ALE 0f Ol IFORNIM ,t701lNTf OF SAN OItG01 , ..... ............ - Tltf-BASt-S4tf--OAII,~Ie~t~EO~Y EVID~HCtTI TO 8{ TIlE Of __0_-_1__1.~_~'_~_~__(2; .....A CORPORATION. TIlE CORPORATION IllAT [A'EflITED TIlE MllHIN [NSIIHIIfENT AND NNOVN IO 9ffO ELfCtlTKO IltP PITYIN INSIRYlIENI ON 8.flt~l.r or S~ID S~lO CORPORATION BIlNC tCNOYN 10 llE I0 up ~ c~_N~,~ ?~RT~'fR Of CC.._E2U~J_L~.;~b_C~,~6~'c,LI3J,~ ~ P~RINIRSItlP, S~ID P~RINERmlP BI lNC ....... A P~RINE'RSItIP. TIlE P~RINtRSItIP TIIAI f. rrcYTtn Ilff YlYfIN INSIRtlIi6NT IN YlINt ~ YlfIleIOf, I If~Vf IIIR['- UNTO qfI Iff It~ND ~NI) ~1f I.~tl) YOr~Pl~l S~AL, lllf oar ~NI) IN THIS CIRIIflC~IE FIRST ~'RIITEN. gIN AB,~INCE Of NOIARIAI VIAl, P~['A,qt.' fill IN IAq'ORtIAIION PRINCIPAl Pl JCl OF BIISINt VS- PRINT Nl?tf- 1956 $1AIt' (If' C,M IHIMIIA! ] ~ ~ COY~ITr OF SAN SIGNED, A NOTARY HI/B[ lC IN AND H1R SAIL) Ct~fiNTY AND STAll', PE~SON- ............ ] TO M F/IF . .~_ ..... Or _..~_h~_~_ A CORPORAl/ON, ltt( CQRPORAIIdN TIMT (]'ECIlTEP lift MITHIN INSTRIINENT ANO NNOUN 1~ ~' TO BE l/If PERS9N V/tO UECUHD I/tF MITHIN I~TRIhYENT ON B(ltAIf' SAID CORPYRATION BKINC ~NOVN T~ ~_~ ~d~(~..._~ A PARTNER51/P, SAlO PARTNIRSHIP BI INC A PANTNER,~fiIP, Ht( PARTNFR,~IflP TIMT I.rECUIED TILE' VITItIN I~qFRIIHTNT AND AEKHOVI EDCE0 TO fir TttA T IN VlTN(,qS Vt/FRFgP, f f/A~7 tINTO SET fir IfAKI) ANt) AII I]ID NOTARIAI ,qlAI, TIlE PAr AND IN litIS CfRTIFICAI( fIRST Nt' CYHHISSIdN EJPIR[,f- NfiI)RY I'~lll~ lr IN'~A;~ I OR 5AID COI/HTY fin AB,~FNCE fir NOTARIAI ,fIAI, PZEA,fE f'Ill IN INTOHNATIgN BtLOV? PRINCIPAl PLACE 0f BII,9INE,~,f- I'RINT -- 1957 STATE Of CAL IFORNIM COYNT~' OF SAN DIECgl ON THIS __~_~_~__ DAY OF ___~_~E_~_~_ ....... 19__~_~, BEFORE HE TIlE UHDER- SICNED. ~ NOTARY PUBLIC 1N ~ND FOR SAID COUNTY AND STATE, PERSON- ~'G~G~~ TO BE THE _~_~ or ~ ~.~_~.~ CORPORATION, THE CORPORATION THaT EXECUTED THE MITHIN 1NSTRUNENT ~ND KNOMN TD NE TO BE THE PERSON Vltg EXECUTED THE MITHIN INSTRUNENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING KNOMN TO NE TO BE ~ GENERAL P~RTNER OF · __~_~A~_~D?~_~, ~ P~RTNERSHIP. S~ID P~RTNERSHIP BEINC KNOVN TO HE TO BE ~ GENERal P~RTNER OF _~_~_~_~_~_ ~ PARTNERSHIP. THE P~RTNERSHIP THaT EXECUTED THE VITIflH INSTRUMENT AND AC~HOVLEDCED TO NE THAT SUCH P~RTHERSHIP EXECUTED THE PURSUANT TO ITS Bf-L~MS. 1N Vl TNES$ MHEREPf, I HA VE HERE- ~ ~ UNTO SET N~ H~ND ~ND ~FFI~D N~ ~~ NOTARIAL SEAL, THE D~f ~ND YEAR ~'~'~.~ IN THIS CERTIFICATE FIRST ABOVE ~r COHHISSIgN I~[PIRES- NgTARr PUBL/C /N AND SAID COUNTY AND STATE ...... ............ (IN ABSENCE gF NOTARIAL SEAL, PLEASE FILL IN INFORMATION BELOMI HINClPAL PLACE 0~ BUSINESS- PRINT NA~E- -- 195 MAIL. 0/CAt IIORNIM CgllNlr IIf' ,~N 01[C01 SICNED, A NOTARK PIIBLIC IN AND FOR SAID COIINTr AND STATE, PERSON- r APPEARED NOMN fil ME tP OVEe qo I~gA$fS OF- SAfl~-Aef0RY ~VlOENC~I TO BE file ..l?2~'=~j' J/~Y ......... OF)Z~,J~iJ_~4ZI~(L; A CORPORA/ION, HIE CORPPRAIIgN illAT (,l'lCllffP TIlE MITttIN INSIRIIhtNf AND fiNOMN I0 ~( lO BE fttK PERSON fltO (XECIITt'P file fITHIN INSIRIIMENT ON BEltAlE Of SAID CgRPORATION, SAID CORPORATION BEINC hNOMN f9 fie TO BE ~ CENtRAl PARTNER ~(-( '21)~'1+-.%C~Z~-'% ~ lc~. A PARTNERS/tIP, S~IO PART~ RSItlP BEINC ~' fb'~' '~Z~Z' A ~ PARTNER OF J P~RfNERZlP. TIlE PARINfRSN/P T//AT [,rtC~flP NIT MITItlN IN, VTRIIMINf AND KNNgfl I~CER TO fie fitA T SI/~t PAR TNt RSItlP t XECI/TED TIlt PURSUANT TO ITS Br-LAMS. IN fITNESS MtlERrOF, I flAVl HIRE- UNTO SET ~f I/AND AND HTIATP MY NOTARI~ S~M, IItE PAY ANO IN THIS C~RTIFIC~TE FIRST ABOlf , ~r COMMISSION EXPIReS- fin ~BSFNCE OF NOMRI~I .fEll. PLEASE TIll IN INTOR~TION BE/Of/ PRINCIP~ PLACE Of BIISINES$- PRINT NANE'- SMTE 0f' CAl IFORNIM COYNEE OF S~N SlGNEO. ~ N0fARr PU~L I~ N ANO FOR SAIP COIlNIP AND STATE, PIRSON- All r APf'EAREO ~L~L~Z~A~LZ~ ~NOI'N TO ~ {PROVED'TO ~E ON ffIt-BASI~'OF%fATISEACTORY EVIBINCE] TO UETt/E ZZ~L'~VX~2 ........ OF.2'C~3jL~_~L~CC~+ZI~{~,, A CORPOR~TIRN, TIlE CORPORAlION Tt/AT I]TCUfEB THE M/THIN INSTRli~ENT AND KNOMN TO HE lg BE THE PERSON MHO I][CUTED lHE MIll/IN INSTRUHINT ON BEllAlE' OF SAID CORPORATION, SAID CORPORATION BEINC NNOMN TO ~E TO BE A CENTRAL PARTNIR OF ~ ~ (~j/)'~"<~/~E-=SJ2/~ A PARTNERSHIP, SAID P RTNIRSftlP BI lNC A PARTNER.VItIP, file PARINERS//IP T//AT E. lt'CUTED THE fIT//IN INS1RI/~INT ANP ACKNOMIEOGtO TO HE THAT SUC/t PARTNtRS/IIP t.I'ECUTtB It/E PIIRSI/ANT TO ITS BY-IAfS. IN VlTNtSS MItFREOF, I/t~VE/tlRE- UNTO S~T Hi' I/AND AND MII.I'lD fir NOTARIAI SEll, l//E' DAY AND IN IHIS CIRIIEICAIt FIRST ABOVE MRIIllN. ~~~. fir CONHISS/ON E:I?IRfS- NOTART ?l/Bl IC IN AND fOR ............... .... ..... fIN AB,f/NCI dE' NOrARIM ,ffAI, PLEASE FIll IN INI~RHATION gElOiq PRINCIPAl Yl ACl 01' BIISIN/SS- PRINT N~HF- SURVEY MONUMENT INSTALLATION BOND RANCHO DEL SUR, a California KNOW ALL MEN BY THESE PRESENTS, That I/~eGeneral Partnership ......... as the subdivider and Principal, and the IHE AMERICAN INSURANCE COMPANY ....... a Corporation of the State of.~EW JERSEY ............ , as Sure~y, are held an~ firmly bound unto the City of Chula Vista, a municipal corporation, in th~ County of San Diego, State of California, and to and for the benefit of a~ and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal s~ of SEVEN THOUSAND AND N0/100 .... ' ................ ($ 7,000.00 ..... ) lawful money of the United States of ~erica, to be paid - the said City of Chula Vista. %E~AS, the said Principal is presently engaged in subdividing certain lands to be known as RANCH0 DEL SUR UNIT 2 ........ subdivision in the City of Chula Vista, in accordance with the Contrac~ for Completion of Improvements authorized by Resolution , and WHE~AS, the said Principal desires not to set durable mon~ents prior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THE~FO~, the condition of the above obligation is that if t2 Principal shall have set durable mon~ents 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 as though here set forth in full, and according to the ordinances of the Cite of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following comple' and acceptance of public improvements within said subdivision, then the obligation shall be void, othe~qise to remain in full force and effect. IN WITNESS WHE~OF, the said Principal and Surety have hereunto se- their hands, this 15th day of MARCH , 1~8 ' SEE ATTACHED (Principal) APPROVED AS TO FORM: THE AMERICAN INSURANCE COMPANY ure BY Attorney-in-Fact City Attorney Christine A. Paterson -,, 1961 DEVELOPER RANCHO DEL SUR, a California General Partnership BY GADCo investment Partnership II!, Ltd. a California limited partnership BY: Great American Deve!oDment Company, a California Corporation ~ (Pr~ d.or typed Name) B Y: f 'O '~: ~Printed or typed Name) 1962 BY: KG Otay Associates, Ltd., ~ a California limited partnership ~. BY: WPK, Inc., general partner BY~~ ~ ! (Printed or typed Name) BY: GTK, Inc., general partner ~, .-. (Printed or typed N~e) (Title) BY: , . , . (Printed or typed Name) ~ iTitle) BY: Gut~an Construction, Inc. (Printed ~r typed Name) 1963 Mesa Del Oro Associates, a California general partnershi BY: Mesa Del Oro, Inc., ~eneral ~er Y:~ (Print~ or 'ty ed Name. (Title) BY: Costa Azul, Inc. , ~enera ar , er (PrintMd or typed Name) (Title) 196il GENERAL PO~.lff:~,,R OF A?rOR~EV THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal offce in the City and County of San Francisco. California. has made. constituted and appointed. and does by these presents make. coastRule and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally ils true and lawful Attorney(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 ......................... and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Auorneyls)-in-Facl may do in the premises. This power of attorney is Ranted pursuant to Article Vlll. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ax~.icle V iI1, Appointment and A uthodty Assistant secretaries, a~d A trothey-in-Fact and Agents to accept Legal Process and Make Appearances. Section ]0, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation, Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact. and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney iS signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966, and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and lhe seal of this Corporation may be al~xed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of altorney. any revocation of any power of attorney. or certificate bearing such facsimile sig/~ature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents Io be signed by its Vice-President, 11 th August 86 and its corporate seal to be hereunto affixed this day of 19 __ By · STATE OF CALIFORNIA } COUNTY OF biARLN ss. 1 lth August , Richard Wi 11 jams On this day of , 19 8___~6 before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-Presidenl of THE AMERICAN INSURANCE COMPANY, the Cot'- potation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate sea[; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name Ihereto by like order. IN WITNESS WHEREO/:. I have hereunto set my hand and affixed my offcial seat. the day and year heroin first above writion. i ~ SUSIE g. ~ILBERT :: NOTARY PUBUC - CItlFORNIA ,"' Nutar> PUbl,C Pnntq~a/Office in Mann County My Commission ix;ires Nov. 17, 1988 -' } CERTIFICATE STATE OF CALIFORNIA COUNT~OFMARIN l, the undersigned. Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, ii NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached PO~'ER OF ATTORNEY remains in full force and has nol been revoked; and furthermore thai Article VIii, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are no',,. in force. Signed and sealed at the County of Marin. Dated t:helSth day of MARCH , I~ 360711 -TA-5-81 1965 STATE OF CALIFORNIA) ) SSo COUNTY OF SAN DIEGO) On this 15~h day of March 1988, before me, the undersigned, Notary Public in and for said State, personally appeared GUS OROZC0 and JAMES B. GARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the w~ Preg~dent and Agg~gtant Vice President of GREAT AMERICAN DEVELOPMENT COMPANY, the corporation that executed the within instrument, such corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., the partnership that executed the within instrument, such partnership being personally known to me to be one of, the general partners of RANCHO DEL SUR, the partnership that executed the within instrument and acknowledged to me that GREAT AMERICAN DEVELOPMENT COMPANY executed the within instrument as the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., pursuant to its bylaws or a resolution of its Board of Directors, and that said partnership executed the same as a general partner of RANCHO DEL SUR and that said partnership executed the same. WITNESS my hand and official seal. ~~/i~. Notary/~blid for ~tate of I OFFICIAL SEAL California KRIS KONO b!0t~v P,Alic-C3{i 0rnia 9O -- 1966 tff CA/ITtlRNIAI I~.~ Of S~N OIECOI ~ NO~ARf PIIBLIC IN ~ND fOR ~I~ C~llNlf ~NO SIdlE. PFRSON- ll~Bl~S Of ~l~SflCi~DEN~ TO BE HIE L ~ _ EXfCIIIf'O IItE ~ITItlN INSIRIh~ENf ON 8EItMF Of S~IB CORPORATION. PIRTNERSItlP. TItE P~RINERSItlP TIf~T E,t'['CIITfB fife ~'ITItlN INSIRII~[NI VITNESS ~HEREOF. I II~Vf ItfRE- ~RIIItN. S~IB COllNlr ~NII SI~TE P~INCIP~L PLACE Of BIISINESS- I'RtNI CgYNIf gf SAN 01f'C~1 A 1 TIIE~AS~-~F~ATI~ ~ VIDENCEI TO OE TIlE __CC~_~'_~_~_~LL ..... A CORPORATION, TIlE CORPORATION TttAT tXECIITEO TIlE MITHIN INSTRIIMENT ANO KNOMN Tg M I~ BE TIlE PERSON EXECIITfO HIE ~ITItlN INSTRUNENT ON BEItA~F Of S~ID CORPRRATION, S~10 CORPORgTION BEINC KNOVN TR HE t~ BE ~ C[NfR~ PgRTNfR gf PARTNERSItIP. TIlE P~RINIRSItlP TIf~T E.I'ETIITtO TIlE MIlltIN 1NSIRIIH[NT ~C~RVI EDG~D PIIRSIIANT TO ITS BY-LAYS. VITNf'~q VftFRFOF. I ItAVf ItrRE- YNTO ~rr NRT~RIAZ TIllS TIRTItlCAIE fIRST ~RITT[N. CO~HISSION E.IPIR[S- N~TARr PIIBI IC IN ANI) I~IR fIN ~B$fNCE 0f NOT~RIM S[A[, ?RINClPA~ PlAC[ Of BIISINISS- PRINT NAHF- ...... 1967 SIdlE OF CM IfORNI~I I ~ .~ COUAlff OF ,fAN OIl. COl fIN fitIS ]~'lJb OAr OF 7fit~/~_.d/'l lg_g,_g, ttfrrlRr fir THF IIN/)rR- SEe. lIED, A AlOEART PIIgllC IN ~NO FOR ,fAll) Ctll/Nfl' ~NI) ,flAT[, HERStIN- All r APPEAR[I) it~'J~.~Z~f~_,_L.,_~kl_Z.~__. ~NllVN TO tIE IPROVfP-l#~w,[' ON E,rEClIIEO file IIITItlN INSTRIIIIfNT AND IrNOI/AI 10 tff TO 0t' rite PERSON lqfg EXlCUfFO file UITIHN IN, fTRIIffENT ON BEHAlf' OF .fAll) ,~ PARTNER,f/tIP, THE P/fiqTNTAIS//IP T/tAT t,l',f gl/lt f) T/IF UI T///N ~AlO ffI(NOVIFI)OIO TO fiE' H/AT SI/~t PARTNfRSf/IP f.ItCYTEO TILE' t'IIRSOANT Tg ITS 1AT VITNESS VHEREOf. t ftJl'l Ill. RE- I/AlTO SET fir It~A'I) AAlO HEIJTO /f~' IN fills C[RTIFICAI'E FIRST rR I l tEN. fir CO/f/fiSSION EJPIRES- NEI1~RY I'1IIt! IC IN ANI) fOR ~ fIN ABSENF. FOF NOMRIM SfM, PlZASE FIll IN INFQ~'HATIOA/ tIfIOV] :. I'RfNClPAt PI ACE Of BIISINTSS- PRINT NA/ff'- !!., ................... 'i STAT( OF ~ IrURN~Ai ' ' COUNT~ OF SAN DIEGOI ON THIS __l_6_t_h__ DAY OF ___N_a_r_c_h_ ....... ,,_q 88 BEFORE NE THE UNDER- SIGNED. A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ALL Y APPEARED __J_~_C_K__G_IJ___T~ZI__A~_ ......KNOI'N TO HE r44~-~,~'.q=~-$A-r4~,,~),.u.'.'.'.'.'.'.'.~4=~:~it,'kq~ TO BE THE __P_r_e__s_i_d_e_n_t_ ........ OF G~t_t_mam P.~.~I:.~. Tnc..A CORPORATION, THE CORPORAHON THAT E~'CUTED rile tiltHIN INSTRUIIENT AND KNOtiN TO HE TO BE THE PERSON VHO EXECUTED THE tilTHIN INSTRUNENr ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING KNOtiN TO HE ro BE A GENERAL PARTNER OF _K___~__O_T_~_~___~_S_S_O_C_X~__~__S.,__L_T__~, A PARTNERSHIP, SAID PARTNERSHIP BEING #NgllN Tg HE TO BE A GENERAL PARTNER OF __R.~_ILC_Hg__~_~.L___S_U_R_ ........... A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED rile tiITHIN INSTRUHENT AND KKNOtiLEDGEO TO lie THAT SUCH PARTNERSHIP EXECUTED THE SANE, PURSUANT TO ITS BY-LAtiS. IN VITNESS tiHEREOF, I HAVE HERE- UNTO SET HI' HAND AND AFFIXED hT NOTARIAL SEAL, THE DAY AND YEAR lN THIS CERTIFICATE FIRST ABOVE HY COHHISSION EXPIRES- NOTART PIIBL IC IN AND FOR SAID COONET AND STATE ...... _4Z_2_3_ ............. (IN ABSENCE OF NgTARIAL SEAL, PLEASE FILL IN INFORItAHON BELOti] PRINCIPAL PLACE OF BUSINESS- PRINT HA#E- - 1969 StAll, Ol [,'AI IIORNIAI COUNIT OF SAN OI~COI SIGNED, A NOTARY PUBLIC IN AND FOR SAID ClllINil' AND STATE, PERSON- ~-BA$t~ 8F- RA t'tSFAOTOR~-~YfD{ NOF] TO 8E TIlE .~:~'jZ'){.~_ ....... OF U.~J3C3_C~.~j_t~{~ A CORPORATION, IHE CORPORATION litAT E.I'ECUTFB TIlE MITU]N INSIRIINE'NT AND ~OVN 10 ~F TO BE THF.PIRSON ltHO EXECUTED TIlE MITHIN INSIRUMENT ON BEltALE OF SAID CORPORATION, SAID CORPORATION BEING ~'NOMN TO NE TO BE A CENERAL PARINfR OF ~'-( '~Z})Sj~>%(~zU~ ~ L.'1D, A PARTNFRSItlP, SAID PART~ RSItlP BEING A PARTNERSItlP, TIlE PARIN{RSftlP THAT Lr~CUTID THF ~'ITIIIN INSIRII~ENT AND ACKNOlq {DGED ~0 NE THAT SII~t PARTNERSHIP {XECUTEB TIlE SA~E, PURSUANT TO ITS IN VlTNESS MHEREOF, I/IAV{ IlLRE- UNTO SET ~Y HAND AND Af'Fl~[D NY NOTARIAL S~AI, lltE DAY AND MRIHEN. NY CONNISSION EXPIRZS- NtllARY I'1/~[ I~ IN AND [OR SAID FOIINTF AND STATE ............ ~.~_~ ...... HN ABSFNCF OF NOTARIAt SEAL, PL EASE Ell ~ IN INFORNA TION BFL 0~] PRINCIPAL PLACE OF BItSINESS- PRINI NA~E- SLATE Ol CAZ IFORNIAI COUNTI' Of SAN BIECOI SIGNED, A NOTARi PUB~ I~ N AND fOR SAID C~IINIY ANB STALE, PIRSON- All Y APPEAREg _~L~I_L~L~'~ KNO~'N TO Ht~BANI2 0F~,~ATISFACTORY EVIDENCE] TO 8E TIlE LL~'~<.~ ........ OF.~3j~L~_, ~ CORPORATION, TIlE CORPORAlION H/AT E~[CUTED TIlE UITHIN INSTRUNENT AND KNOVN 10 NE lO BE THE PERSON ~HO EJ'FCUTED THE ~ITHIN INSTRUMENT ON BEIIALF OF SAID CORPORATION, SAID CORPORATION BEING NNO~tN TO ~E lO BE A G~NIRAL PARTNIR OF ~L~X~j ]I ~~_L~ A PARTNERSHIP, SAID P RTNERSItlP BIlNG ~ TO ~E TO BE A ~ENFRAI PARTNER OF _~'~(_~L~._~t;~Z. ........... A PARTN[RSItlP, TIlE PARINIRSIflP TItAT E. VE'CUTFD TIlE ~ITIIIN INSIRUHENT AND AC~OMi EDGED TO HE IlIA T SUCIt PARTNERSHIP EJ[CUTED lttE SAME, PURSIIANT TO ITS IN VITNESS ~IIFRFOF. I ttAVE It~RE- UNTO S~T ~ ItAND AND AII IJ'ED ~' NOTARIAL S{~[, IItE DAY AND TFAR IN THIS C~RTIEICAIE FIRST ABOVE ~ ~ CONHISS/ON l iPIRES- ~TARI' PIINL IC IN ............. ....... HN ABSfNCE 0f' NOTARIAi S{A~, Pi[ASE FIll IN IN/ORNATION PRINCIPAL PI ACE OF ItlISINISS- PRINT NANF-