HomeMy WebLinkAboutReso 1988-13543 1759
(d)
RESOLUTION NO. 13543
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 3,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS, OPEN SPACE AND PARK SITES 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 3
and more particularly described as follows:
Being a subdivision of Parcel 3 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: 61 No. of Units: 54 Area: 19.418 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: DIAMOND
DRIVE, EQUINOX WAY, SUNDROP COURT, HALLEY COURT, and DIAMOND
COURT and said streets are hereby declared to be public streets
and dedicated to the public use.
BE IT FURTHER RESOLVED khat 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.
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1760
BE IT FURTHER RESOLVED that said Council hereby accepts
a fee interest in Lots C, D and H as shown on said map for open
space, public utilities and other public uses.
BE IT FURTHER RESOLVED that said Council hereby accepts
a fee interest in Lots F and G as shown on suad map for park
purposes.
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 of
which is attached hereto and by reference made a part hereof, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Pub s' D. Richard Rudolf~lstant
City Attorney
4119a
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'" 1761
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
jHULA VISTA, CALIFORNIA, this 26th d(:~t Of April
19 88 , by the following vote, to-wit:
AYES: Counc i 1 members McCandlis s, Nader, Cox, Moore
NAYES: Counci 1 members None
ABSTAIN: Counci lmembers Malcolm
ABSENT: Counci 1 members Nsne
he City of Chula Vista
ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ] ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13543 ,and that the same has not been amended or repealed
/'1'/I I"
City Cler
CIW OF
CHULA VISTA
CC-660
~ECORD~iG REQUES'rED BY
AND MA~LTO: Revised 2/26/'88
~/~C/~j SUBDIVISION IMPROVEMENT AGREEMENT
THIS 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 California General Partnership, 600 "B" Street,
Suite 700, San Diego, California 92101, hereinafter called
"Subdivider";
WITNESSETH:
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation,
a final subdivision map of a proposed subdivision, to be known as
Chula Vista Tract 87-8 (Rancho del Sur) Unit 3 pursuant to the
provisions of the Subdivision Map Act of the State of California,
and in compliance with the provisions of Title 18 of the Chula
Vista Municipal Code relating to the filing, approval and
recordation of subdivision map, and
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agreement
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install
and complete, free of liens at Subdivider's own expense, all of
the public improvements and/or land development work required in
said subdivision within a definite period of time prescribed by
said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public
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 218261
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- 1716
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 87-554 through 87-550, 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-EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS
(~578,300.00).
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-
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 ONE HUNDRED FIFTY DOLLARS AND NO CENTS
($289,150.00), 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 ONE HUNDRED.FIFTY DOLLARS AND NO CENTS
(~289,150.00) 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 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
allowing the 243rd residential unit (whether a single family home
or apartment unit) in this subdivision tract to be occupied.
A. A traffic signal at the intersection of Telegraph
Canyon Road and the southbound off ramps at 1-805.
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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
1719
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,
o~o~_Z~%,C~i. ~o/~ a California General Partnership
_ I By: GADCo Investment Partnership III, Ltd.,
yMa a California limited partnership
Vi ta
By: Great American Development Company
Approved as to form by Executive Vice President
· ~.I~ -~ (Title~
Assistant Vice President
(Title)
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-~ 1720
BY: KG Otay Associates, Ltd.
a California limited partnership
William Patr~)Kruer
President
By: GTK, Inc., general partner
President
By: ,..
Mathew Ronald Loonin
President
By: Guttman Construction, Inc.,
g~~er
By:
ack 'A. ~tT~tman
/~President
BY: Mesa Del Oro Associates,
a California general partnership
By: Me a Del Oro, Inc., general
ner
John W. ~rdner, Jr./e
~d~n~
By: Costa Azul, Inc., general partner
By:
WilltDonald Gardner
Pres dent
(Attach Notary Acknowledgment)
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1721
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Unit Amount of Bond
3 $289,150.00
Exhibit "B" Improvement Security - Material and Labor:
Unit Amount of Bond
3 $289,150.00
Exhibit "C" Improvement Security - Monuments:
Unit Amount of Bond
3 $7,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision
Improvement Agreement
3823a
1722
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
On this 16th day of March 1988, before me, the undersigned, Notary
Public in and for said State, personally appeared
LAWRENCE A. HEFFNER and JAMES B. CARTER
, 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. ~ /~
.....N~ Notar~'~ublib for State of
1
Ca ifornia
,, 1723
STATE Of CAL/FORN/A/
COUNTY OF SAN DIECO/
ON THIS _L ...... DAY Of __~__~___c~_ ...... 19_~-~. BEFORE NE Tt4E UNDER-
S/CNEO, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. PERSON-
ALL r APPEARED ~,b~,~_e~_~_~_~ B~OMN TO NE :r,~e~e TO ,~E
........ ~ ~ ~T~cc~e~n~v c,n~cuec, TO BE THE ~'~
......................................
......... ~ CORPORATION. THE CORPORATION THAT
EXECUTED THE M/THIN INSTRUHENT AND KNOMN TO NE TO BE THE PERSON
~/HO EXECUTED TItE V/THIN INSTRUNENT ON BEHALF OF SAID CORPORAl'ION,
SAID CORPORATI ~ BEINC KNO~ TO HE TO BE ~ ?~NERtL PARTNER OF
_~_~_~~_~_~__, 'A PARTNERSHIP, SAID PARTNERSIP BE/NC
KNOMN TO HE TO BE ~ CENERAL~ARTNER OF ~_~__~_._~_~_~__,
~ PARTNERSHIP, TIlE PARTNERSHIP THaT EXECUTED THE M/THIN INSTRUNENT
AND ACKNOk/LEDCED TO NE THAT SUCH PARTNERSHIP EXECUTE9 THE SANE,
PURSUANT TO ITS BY-L~MS,
IN MITNESS MHEREOF, I HAVE HERE-
UNTO SET NY HAND AND AFFIXED NY
NOTARIAL SEAL, THE DAY AND YEAR
IN THIS CERTIFICATE FIRST ABOVE
MR [ T TEN.
NY CO~NISSION EXPIRES- ~
SAID COUNTY AND STATE
..... ~D_~_ .........
(IN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORNATION BELOM]
PRINCIPAL PLACE OF BUSINESS- PRINT NA~E-
~ ~D_~DS~ ........ ~-~-~ ............
STATE OF CAL/FORNIA]
COUNTF OF SAN
ON THIS L ..... DAF OF _~_~___j_, /g_~(, BEFORE NE DIE UNDER-
SICNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE,
ALL ~ APPEARED ~_~~_~ KNOKN TO NE ~RG~ T6 nE
THE B~/3 Of c~ r~,~
........... ,,,, [V/~ENCO] TO BE THE ~_~L~_~ .......
OF _~_~_~_~ ..... ~ CORPORJTION, THE CORPORATION THaT
EXECUTED THE MITHIN INSTRUMENT tND KNOMN TO ~E TO BE THE PERSON
~HO EXECUTED THE MITHIN INSTRUMENT ON BEHJLF OF SJID CORPORJTION.
SJID CORPORATION BEINC KNOMN TO ~E TO BE ~ CENERtL PARTNER OF
__~D~~,_~_~~ A PJRTNERSHIP. SlID PJRTNERSHIP BEINC
KNOMN TO NE TO BE J CENERJL PARTNER OF _~_.~__~_~
t PARTNERSHIP. THE PJRTNERSHIP THAT EXECUTED THE MITHIN INSTRUNENT
AND JCKNOVLEDCED TO NE THJT SUCH PJRTNERSHIP EXECUTED THE
PURSUANT TO ITS BY-LJMS.
IN VlTNESS MHEREOF, I HJVE HERE-
UNTO SET ~ HJNB IND ~FFIXED ~Y
NOTJRI~L SE~L. THE DJ~ JN~
IN THIS CERTIFICtTE FIRST JBOVE ~~~~_~
VRITTEN. '
N~ CO~NISSION EXPIRES-
S~IB COUNT~ AND STtTE
fIN ABSENCE OF NOTJRIJL SEJL, PLEJSE FILL IN INFORNtTION BELOV]
PRINCIPJL PLJCE OF BUSINESS- PRINT N~NE-
_~__~D_~_~A~_~E_~ .......... ~_~D~ .............
STATE OF CA[/FORN/AI
CgUNTT OF SAN DIEGO1
THIS _l ......oar of .....BEFORE ME THE UNDER-
SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON-
ALL Y APPEARED L~_~_~_?_?~o_~__~_~___~o_~_~J_~. KNOMN TO HE IPROVED TO HE ON
THE B~SIS OF SATISFACTORY EVIDENCE] TO BE THE _~_~_ .....
OF _~_~__1~ ...... ~ CORPORATION, THE CORPORATION THAT
EXECUTED THE MITHIN INSTRUHENT AND KNOMN TO NE TO BE THE PERSON
~HO EXECUTED THE MITHIN INSTRUMENT ON BEItALF OF SAID CORPORATION,
KNOMN TO HE TO BE A GENERAL PARTNER OF _~_~__~__~ ......
~ PARTNERSHIP, THE P~RTNERSHIP THaT EXECUTED THE MITHIN INSTRUMENT
ANB ACKNOMLEDCED TO ~E THaT SU~ PARTNERSHIP EXECUTED THE
PURSUANT TO ITS B~-LA~S.
IN MITNESS MHEREOF, I HAVE HERE-
UNTO SET Nr HAND ANO AFFIXED HY
NOTARIAL SEAL, THE DAY AND TEAR
/N TIllS C~RTIF/CATE FIRST ABOVE
~R/TTEN.
HY C~HHI~ION
SAID COUNTY AND STATE
.... ~_~_~ ......... Sg__R.~
TIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORNATION BELOM]
PRINCIPAL PLACE OF BUSINESS- PRINT NA~E-
_~~_~Ds~ ........ _~J_~_~9~D_ ............
STATE OF CALIFORNIAI
COUNTY OF SAN DIEGO/
ON THIS ~ DAY OF ................
THE SASlS OF EArlSFACTORY EVIDENCE] TO ~E THE _~[~_~Z .....
OF ~ll~__~t~_l~ A COR?ORA r/ON, THE COR?ORA r/ON rHA r
EXECUTED THE M/THIN INSTRUMENT AND KNOMN TO HE TO BE THE PERSON
VHO EXECUTED THE VlTHIN INSTRUMENT ON BEHALF OF SAID CORPORATION,
~ , PARTNERSHIP, SAID PARTNERSHIP BEING
~OMN TO ~E TO BE A GENERAL PARTNER OF _~__~--~ ......
A PARTNERSHIP. THE PARTNERSHIP THAT EXECUTED T~E MITHIN INSTRUHENT
AND ACKNOMLEOGEO TO ~E THAT SUCH PARTNERSHIP EXECUTED THE
?~RSUANT TO ITS BY-LAMS.
IN ~I TNESS MHEREOF, I HAVE HERE-
UNTO SET ~Y ~AND AND AHIXED NY
NOTARIAL SEA(, TIlE DAY AND YEAR
IN THIS CERTIFICATE FIRST ABOVE
MR I T TEN.
NY CO~HISS/ON EXPIRES-
SAID COUNTY AND STATE
..... ~__~ .......... /9__2o
TIN ABSENCE OF NOTAR/AL SEAL, PLEASE FILL IN INFORNATION BELOM]
PRINCIPAL PLACE OF BUSINESS- PRINT NAHE-
_ ~_~_ D~D~ ~ _ ~55_~ ~_ ........ ~ ~ ~_ ~DY_~ ............
SiA[E OF CA/_/EORN/A/
COL)NTY OF SAN O/EGO/
ON THIS ....... PAY OF j~_~__c_j_+ ....... lg_~__~. BEFORE ME THE UNDER-
OF ~e_~_P~R_JS~_, ~ CORPORIT/ON, THE CORPORATION THIT
EXECUTEB THE V/THIN/NEIR//NENT ~N~ KNOWN TO ~E TO BE THE PERSON
VHO EXECUTED THE ~/TH/N INSTRUMENT ON 8EI/ILF OF SI/B CORPORIT/ON,
~7~ CORPORIT/ON BE/NO KNOWN TO NE TO E ~ ~ENERIL P~RTNER OF
~_~%~_~~__, ~ P~RTNER~ P, ~/~ PIRTNERSH/P
KNOVN TO ~E TO BE ~ OENER~L P~RTNER OF _~___~EE__~_~ ......
~ P~RTNERSH/P, THE PIRTNERSH/P THIT EXECUTEB Tt/E ~/TH/N/NETRUNENT
~N~ ~CKNOk/LEBOEB TO NE THIT SU~ P~RTNERSH/P EXECUTEB THE S~E,
PURSUINT TO ITS 8F-L~KS.
/N WTNESS UHEREOF, / H~E HERE-
UNTO SET NF H~ND INB ~FFIXED ~r
NOTeRIlL E~Z, THE ~ r ~N~ rEAR
~R / r rEN.
HY COHH/S~/ON EXPIRES-
...... ~~~ ......... 19__~~
HN ABSENCE OF HOrAR/AL SEA~, ?LEASE FI~ IN INFORMATION BELOW)
PRINCIPAL PLACE OF BUSINESS- PRINT NAHE-
_~_~_~_~_ ....... ~_~D~D_ ............
STATE OF C~L IFORNIA/
COUNTY OF SAN DIEGO/
ON THIS _L_~_~ DAY OF _~_~ ..... IP~, BEFORE HE TIlE UNDER-
SIGNED, ~ NOTARY PUBLIC IN AND FOR SlID COUNTr AND STATE, PERSON-
ALL r APPEARED ~L~_~~_~KNO~N TO HE (PROVED TO ME ON
THE BASIS OK SATISFACTORY EVIDENCE] TO BE THE
OF ~_E~_~u_~_I~_~___, ~ CORPORAUON, THE ~~'~' ....
EXECUTED THE EITHIN INSTRUMENT AND KNOVN TO ME TO 8E THE PERSON
VHO E~[CUTED THE VITHIN INSTRUMENT ON BEHALF OF SAID CORPORITION,
SAID COR~ ~ATION BE ~ KNOWN 1~ HE TO BE ~ &ENERIL P~RTNER OF
_~_~_~Y~ ~ PARTNERSHIF. SlID PARTNERSHIP BEING
KNOVN TO HE TO BE ~ GENERAL PARTNER OF ___~__~_~__~_~ ....
~ PARTNERSHIP. THE PARTNERSHIP THAT EXECUTED THE VITHIN INSTRUMENT
AND ~CKNOVLEDGED TO HE THaT SUCH P~RTNER&H/P EXECUTED THE SANE,
PURSUANT TO ITS
IN ~I TNESS ~HEREOF, I HAVE HERE-
ONTO SET MY HAND ~ND AFF/XED MY
NOT~RI~L SE~L, THE Dl r AND YEaR
IN THIS CERTIFICATE FIRST fBOVE ~~'I~~
VR I T TEN. '
~r COHHISSION EXPIRES-
S~ID COUNTY ~ND STATE
.... ...........
HN ABSENCE OF NOTARI~L SEAL, PLEASE FILL/N tNFORNATION BELOK]
PRINCIPAL PLACE OF BUSINESS- PRINT NI~E-
Bond No. 11132548881
. ' 1726
BOND FOR FAITHFUL PERFORFL~NCE
WHEREAS, The City Council of the City of Chula Vista·
State of California· and.~ANCH0 DEL BUR, a Ca]if0rnia Genera]
P~rtnershiD .............................. (hereinafter designated as
"principal") have ent'ered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated
19 , and identified as project.~ANCH0 DEL SUR UNIT 3 ...........
· 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 AMERICAN
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 EIGHTY NINE THOUSAND
0NE HUNDRED FIFTY AND NQ/]00 .......... dollars ($ 289~150,00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
s~ccessors, 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
1727
-2-
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affecE
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 ~%e ~1
executed by the principal and surety above named· ~A ~5
H
· 1988
SEE ATTACHED THE AMERICAN INSURANCE COMPANY
Christine A. Paterson, Attorney-In-Fact
Contractor Surety
APPROVED AS TO FORM:
~5/~ Attorney
STATE OF CALIFORNIA
COUNTY OF San Diego On this 15th day of March , in the year 1988 , before me, the
undersigned Notary Public· in and for the State of California, personally
appeared Christinn A. Paterson
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
SANDRA J RUIS[ that the Corporation executed it.
NOTARY PUBLIC CALIF( RNIA
~ANDiEGOCOUN ~ Given under my hand and the Notary Seal this 15th day of March
A.D. 19 88
My Commission expires
ICW Cal 315R(04/86) ' ' ~/'Notary ~'ublic
DEVELOPER
RANCHO DEL SUR,
a California General Partnership
GADCo Investment Partnership III, Ltd.
a California limited partnership
BY: Great American Development Company,
a California Corporation
B Y:
(Print'~d.or typed Name)
(T' , le) ~
(Printed or type~ Name)
~Title)
1729
BY: KG Otay Associates, Ltd.,
a California limited partnership
BY: , ., t
MATHEW ~
(Printed or typed Name)
(Title)
BY: GTK, Inc., general partner
B~~ ~
M~T_t-iF, W LOOlx]r~
(Printed or typed Name)
(Title~
BY: , . ,
(Printed or typed Name)
(Title)
BY: Guttman Construction, Inc.,
ge~ar ~er _
BY Z- ,~
(Printed or typed Name)
(Title)
I730
BY: Mesa Del Oro Associates,
i
a California general partnersh.
BY: Mesa Del Oro, Inc.,
general partner
BY: ~
('~rin~a or typed Name)
(Title)
BY: Costa Azut, Inc. ,
~enera t r n r _ .
(Title)
GENERAL
pOWER OF
ArrORNEY 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 County of San Francisco. California. has made, constituted and
appointed. and do~s by these presents make. consntute and appoint
WAYNF G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATFRSON
jointly or severally
~i~s 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 Anorney(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 now in full
force and efteeL
"Article VII!, Appointment and AuthoHty Assistant secretaries, and A ttorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 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 Dircctors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represcnt 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, Autl~oHty. 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 bc revoked at any time by the Board of Directors or by
any penon empowered to make such appointment."
This power of attorncy is signed and scaled 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 hcid on the 281h day of ScptcmbeL 1966, and said Resolution has not been
amended or repealed:
"RESOLVED. that the signature of any Vice-President. Assistant Sccrelary. and Rcsidcm Assistanl Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of an) power of attorney. or on any certificate relating thereto. by
facsimile. and any power of atlorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall 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 corporatc seal to be hercunto affixed this 1 I th dayof August 19 86
THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
Oathis 'J lth dayof AuguSt , 19 86 , before me personaily came Richard Wi I 1 iams
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN iNSURANCE COMPANY, the Cor~
poration 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 that he signed his name thereto by like order.
IN WITNESS WHEREOI~. I have hereunto set my hand and affixed my official seal. the day and year heroin first above written.
- OFFICIAL SEAL
SUSIE K. GILBERT ; -
NOTARY PUBUC - C.a. LIFORNIA : No,ar~ Puhhc
Pnnlq~al Office in Mann County ~
~ ' My Cammission Ex;ires Nov. 17, 1988 ,' CERTIFICATE
STATE OF CALIFORNIA f ss.
COUNTY OF MARIN
I. the undersigned. Resident Assistant Secrelary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporalion. On hIEREBY CI~R-
T~F~ that the foregoi,g and attached PO~.VER OF ATTORNEY remains in full force and has not been revoked: and furlhcrmore thal Arlide VIII.
lions 30 and 31 of the By-laws of the Corporation, and the ResoJution ol the Board of Directors. set forth in the Power of Attorney. are no'~. in force.
Signed and sealed at the County of Marin. Dated thelSth day of MARCH , 1~8
1732
STATE OF CALIFORNIA)
) sso
COUNTY OF SAN DIEGO)
On this 16th day of March 1988, before me, the undersigned, Notary
Public in and for said State, personally appeared
GUS 0ROZC0 and JAMES B. CARTER
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the wc~ Pre~ideDt
and A~tant V~ce 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.
N · /
ota~Public foe State of
Mot
SLATE Or CAI IIORNIAI
COUNTY Or SAN DIECOl
SIGNED. A NOTARY PUBLIC IN AND FOR SAID rfilINTY ANP SI~TE, ?IRSON-
(~'EfilTEO TIlE MITttIN INSTRIINFNT AND KNOVN TO HE TO BE TIfF P~RSON
~qtO EXEClITEO TIlE VITItlN INSIRIh~ENT ON BEItAf f' OF S~I~ CORPORATION,
S~10 CORPORATION BEING ~NOMN ~ ~E TO BE A CENERAf PARTNER
A PARTNERSIflP. TIlE PARTNERSIIIP fifAT E,~tCIIT~9 HIE ~qHtIN I~qTRIIHENT
AND A~KNdVl ~DC~D TO ~E HtAT SUrf PARTNERSIll? ~tCUIE9 DIE
PURSUANT TO ITS BT-LAM$.
IN VlTN(~S MftFREgF I lIAr{
UNTO S~ T HT tIAND AND AfT IXFD NY
NOTARIA~ qEA[. lftF DAY ANO
IN THIS C{RTIFICATE FIRST ABO~f
YRTTT[N.
~Y CO~HISSION E~rtR~,f- NilTARE I'UIH [C IN ANI) fOR
SAID ~OIINIY ANU SEA TE
fIN ABSENCE OF NOTARIA/ SEAL. PLEASE f/~ IN fNf'ORHATION
PRINCIPAL P~ACE OF BIISINESS- PRINT NA~-
STATE OF CAL IFORNIAI
COUNTY OF SAN
OF ~_C~_~L~_~_K~ .... A CORPORATION, TIlE CORPORATION TItAT
e~'FCUTEB file UITHIN INSFRUHENT ANO KNOWN 1'0 ~(' lO 9E file PERSON
~HO EXECUTEB THE ~ITIfIN INSTRUHENT ON BEHALF OF SAIB CORPORANON,
SAI9 CORPORATION BEIN6 h'NB~N lO HE lO BE A 6(N~RA~ PARFN~R OF
A PARTNERSHIP, fife PARIN[RSItlP TIIAI F.~ICHHB fife ~llltlN INSIRUN{NT
ANP AC~NOYIEBG[D T~ ~E litAT ,~I]CIt F~RTN~RSffIP [.YE'CUI[D T/IF
PURSIIANT 1~ ITS BY-lAYS.
tN MIfNFSS VItIRFOF, I/lAVE
I/NfO SET HI' IIANP AND ~tf frUl
NOTARIA/ SEAl, ll/E P~I' ANU
IN FIllS C~RTII'ICATE FIRST
VRITT[N.
~Y CO~HISSION E.IPIR&f- N~FUhl iC~'.~~
fIN ~BSfNCE Of' NPlARI/I ,ff.4~. rLE/,f~ FIll IN INf~R~ATION
PRINCIPAl PZAC~ OF OII, qlNISS- PRINT NAHf'-
-,- 1734
$IAIE 01' CA/IItIRNIAI
tPttl/TY tlr .~AN Ol[Ctll
SICNED. ~ NOMRV PIIBLIC IN ]NO 10~ 5~lP QNINTI' ]Nt) ST]TL PERSON-
~ltr ~PrHR~p~K~/C.~/~_, ~Nn~,N fn fie zPH3~' ~f',qN
fife ~G~ Or ,7~rl,fr~f~nr fVZP[,~CF] f~ BE TIlt' ..~I~Zi_ .....
[XEClITEP HtE V/T//IN INSTRIINENT ~NP ~MN l~ ~1' 1~
l¢f~ D'EE/HED file MI~tIN I~fTRIhYENT ~N BEtt~ff ~T S~IP C~RP~R~TI~N.
$AIO CORPORATION 8glNC ~NIt~N TO fie TO BE A C[NERA~ PARTNER 0f'
J PARTNERSItIP, TIfF PARTNE~SItIP fitAT LItfitTED HIE ~'fT1tfg
AND AFNKgI'I[~C~D T~ ME' H/AT SIIClt PARIN~RSItlP LI'TCI/T~D TIlE .fAME,
~URSUANT TO f f,~ 8 Y- ~ A ~S.
l~ VlfNf,f~ ~ttERFRF, { HAIl/f/IRF-
II~fO SFT ~' It~NO A~f] UF IXED fly
IN fills C~RTIFICA IE FIRST
~f CO~l,fSI~N EJ~IR~,q-
SAID ('OIINTI' ANI) ,qTATE
fIN ABSfNCF OF NfTARIA/ SIAl, PItARE I'1//IN IAVIIA'MATI/IA/
rRINClPAt rtACfor B//SINISS- /'R/NT
-~ 1735
STA/~' OF ?~ /FORMER)
COUNTY OF SAN DIEGOI
ON THIS __l_6_~_h__ DAY OF ___~_~_r_c_h_ ......./g__8_8. OEFaRE ME THE
SIGNED. A NOTARY POOLIC IN AND FOR SAID COUNTY ,qND STATE, PERSON-
ALLY APPEARED __J__A_C.~__G_U___TT~__A.N_ ......KNOLtN TO ME
F4tE-~'~=~t~-r~4GF~Tt'~=-#~t=L~ TO BE THE __P_r_e__s_i_d_e_n_~_ ........
Or ~a~r_~an_ C.n~ ~.~_ I ~ c~ . A CORPORATION, THE CORPORATION THAT
E~'CUTED THE LtITHIN INSTRUMENT AND KNOVN TO ME TO BE THE PERSON
L/HO EXECUTED THE VITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION,
SAID CORPORATION BEING KNO~IN TO ME TO BE A GENERAL PARTNER OF
k__~_g_T_A_Y___A_S_SD_C~A__T_~_S~__L_T__D, A PARTNERSHIP. SAID PARTNERSHIP BEING
KNOILN TO ME TO BE A GENERAL PARTNER OF
__~_k_~__C_._O_D_~_L___S_~_R_ ...........
A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE ItITHIN INSTRUMENT
AND AC/~HO~tLEDGED TO ME THAT SUCH PARTNERSHIP E~[CUTED TIlE SAME,
PURSUANT TO ITS BY-LA/VS.
IN VITNESS VHEREOF. I HAVE HERE-
NOTARIAL SEAL. FHE DAY AND YEAR .....
IN THIS CERTIFICATE FIRST ABOVE
l~r COMMISSION EXPIRES- NOTARY PUBLIC IN ANO FOR
SAID COUNTY AND STATE
....... ~__/~_3_ ............/g_DD_'
HN ABS~/CE OF NOTAR/AL SEAL. PLEASE FILL IN/NFORMATION BELOli]
PRINCIPAL PLACE OF BUSINESS- PRINT NAME-
I736
5I~II 0/CAI HORN/A/
CCg~TV OF SAN OIE&OI
,: SlF~U, ~ NOMRV PI/BL I~ I~ ~9 FOR ~]19 CtfllNIY ANT Sl]%[, PERSON-
r~ e~sf& oF 5~tIBFkCtORF-F~IOENOrI Ta BE TILE .~::~'.b3~l'9~_ .......
OF )3.:~1:~:~g{:43i~, A ('ORPOKAII~N, tHE CORPORAlION IllAT
LI~CgTtD IHE MITttIN INSIRIIfl1NT AND ~HOMN IO flF 10 BE IItF PERSON
VttO EXECffTIO TIlE MIHtlN INSTRIh~ENT ON BFIt~IF OF S~ID CORPORA TION,
SHD CORPORATION BEINC ANOMN TB fie TO BE ~ CENERJI PARTNER OF
kL- ( '2Z ~3 } .~-,%(v!~M~- ~ 1. ~ b, ~ PJRTNERSItlP, SJ 1D P~RTN~RSltlP BEING
~ T~'~7' ~'b'~r A ki~t ~ 'PARTNER OF _~.ZZ~[~'~.~)_C..Z~:X~.L_.~L~b~
~ PARTNERSttlP, TfIF PJRTNERSItlP Tlt~T LI'[CUTED TIlE VIIItIN INSIRIIfl[NT
JND KNNOMI[DCFD I0 ~F TItJT SIlMt PJRTN[RSItlP [,I'EC~TEO HIE
PURSUANT TO ITS BY LJVS,
IN MITNESS VHERFOF, I flJVf ttLRE-
UNIO SfT fly It~NB ~ND M fIXED NY
NOTJRM[ S[~I, HtF OAF JND
MRITIEN.
fly COfl~ISSlON f]PIRL~- NtIIARY /'I/HI IC IN AND
S~ID ('OIINTT ~NO STATE
........... ......
fIN ~BSFNCE OF NOT~RIX( Sf~L, PLEASE FIll IN INFOR~JTION
PRINCIPAL PLJCE OF BII,~INESS- PRINT N~NE-
STATE OF C/L IFORNMI
COUNTY OF ,q~N OIECOI
OF Cc~_D~_~Z~L~(X~_, ~ CORPORJTI~N, TIlE CORPORa/ION TIt~T
E&TCUT~O TIt~ M/THIN INSlRIINFNT JNO KNOVN TO HE 10 BE THE PERSON
MIfO tAgCUTEO lHE MITItlN INSTRUfltNT ON B~lt~Lf' OF S~ID CORPORJTION,
S~10 CORPORATION BftNC KNOMN TO NE lO BE ~ CENER~Z PJRTNIR OF
~ (U~J~!<C~()g~LI I~ ~ t'~RTNERSHIP, SJlD P RINERSIIIP B~INC
I PJRTNfRSltlP, IttE P~RIN~KSI/IP TIt~T LI'ECUTED THE VIHIIN INSIRUNENT
JNO ~C~OgI EOG~D TO NE ltt~T SUCtt PJRTN~RSHIP ~,IECUI(~ I/tE
PURglI~NT TO ITS BY-LJMS.
IN VlTNtSS VltFREOF, I H~VE I/tRE-
~ IINTO S~T NY It~ND ~Ni) Jtf l.ltD fly
NOT~RIJL SE~I, 11/~ 0~1' JN0
IN TIllS C~RTIIICAI~ fIRST ABOVE ~~ ~]ff ..
MY COMMISSION t.IPIAf S- ~TART
........... 2_:
HN ~eSINCE ~1 N~7~RI~I Sf~L. PL~/SE FIll IN INfOR~JT/ON
PRINC/?J[ PI~C~ Of' HI/SINLqS- PRINI NXN~-
Bond No. 11132548881
1737
BOND FOR ~LATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, andR~NCHO DEL SUR. a Ca]if0rnia
GeneFa] 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 RANCHO DEL SUR UNII 3 ........
, 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
t~e aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of TWO HUNDRED EIGHTY NINE THOUSAND
ONE HUNDRED FIFTY AND N0/]00 ......... dollars ($ 289,150.00 ...... ), 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.
1738
-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 instr~ent has been
duly executed by the principal and surety above named, on
MARCH 15, 1~8
SEE ATTACHED THE AMERICAN INSURANCE COMPANY
Christine A. Paterson, Attorney-In-F~
Contractor Surety
APPROVED AS TO FORM:
\ /
STATE OF CALIFORNIA
COUNTY OF San Diego On this 15th day of March , intheyear :1988 ,beforeme, the
undersigned Notary Public, in and for the State of California, personally
appeared Chri~tine A, Paterson
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-
~ ~ ~ ~ that the Corporation executed it.
SANDRA ~ KRUJS[~ ,
"~ L C CALIFORNIA
yc .....~p7%%%~?~ Given under my hand and the Notary Seal this 15th day of March
A.D. 1~__.
My Commission expires
1739
DEVELOPER
RANCHO DEL SUR,
a California General Partnership
GADCo Investment Partnership III, Ltd.
a California limited partnership
BY: Great American Development Company,
a California Corporation
BY: (~ '
(Printe~.or typed Name)
~.$.
BY: ~' ~'L- '9~12~ ~
(Printed or typed Name)
(Title)
1740
BY: KG Otay Associates, Ltd.,
a California limited partnership
(Printed or typed Name)
(Title)~~
BY: GTK, Inc., gener 1 partner
- (Printed or typed Name)
(Title)~
BY: , . ,
Printed or typed Name)
(Title)
BY: Guttma Construction, Inc. ,
(Printed or typed Name)
(Title)
Mesa Del Oro Associates,
a California general partnershi]
BY: Mesa De! Oro, inc.,
general partner
BY
:
(Title)
BY: Costa Azul, Inc.,
(Printed or typed Name)
( Ti tie )
GENERAL
PO~'ER OF
A'rronNEv THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organ zed and existing under the
laws of the State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
d
appointed. and per by these presents make. consuture 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 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 thai the said Attorneyls)-in-Fact may do in the premises.
T~is 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 Vl It, Appointment and AuthoHty Assistant secretaries, and A ttorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appoiatmezn. 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
nay p~rson 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. Ihat the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of an) power of attorney. or on any certificate relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall 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 '[ 1 th dayof August 19 86
THE AMERICAN INSURANCE COMPANY
ST. ATE OF CALIFORffIA }
COUNTY OF MARIN ss.
Onthis 11 th dayof AuguSt , 19 86 , beforcmepersonaHycame Richard Wi I 1 tams
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE CONI PANY, the Cor-'
poration 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 that he signed his name thereto by like order.
IN WITNESS WHEREOiL [ have hereunto set my hand and affixed my official seal. the day and year herein first above written.
,~ SUSIE K. I;ILBERT i '"
,' My Commission [x;i~s Nov. 17, 1988
:rliSllSSSSSilllllfiSUltUSelSeailSiSlSSSirSSllSlSllllSell~" CERTIFICATE
STATE OF CA.L~ORNIA }
COUN'I~OFMARIN ss.
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NE~,I JERSEY Corporation, DO HEREBI' CER-
TIFY that the foregoing and attached PO"A'ER OF ATTORNEY remains in full force and has not been revoked; and furthermore tha~ Article VIII. Sec-
tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, sel forth in the Power of Attorney, are now in force.
Signed and sealed at the County of P~rin. Dated the tSth day of MARCH , 1~8 .
1743
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
On this ]6rh day of March 1988, before me, the undersigned, Notary
Public in and for said State, personally appeared
GUS 0ROZC0 and JAMES B. CARTER
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the
and A~i~tant 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' P'ubli~ for State of
California
FIO{3!-' PL,~fiC-OaljfOrRia
- ~ 1
5lAll, ~ CA! 1IORNIAI
CflLINTY OF ,fAN OIl'COl
aN THIs or . ~tIORF nr file
HCNEB, A NOMRf PUB/IC IN ~NO FOR SAID COONIF AND SLATE, PIRSON-
All f APP~ARtD [b~l~l:~C~,,[2~ t~L~t2~__. ~MN TO fl~ IP~OI/F~IO-~F-ON
H~-e~t~r SA¢t.,~CT~F FVIOFNCE~ TO BE Utr .:-Z~:.d~'Jj~/ ...........
EJ[CI/TFO HIE MI~tlN INSTRIIflENT ~NB KNOMN TO ~F TO BE fife PfRSON
fftO EXECUflD TIll, MI TItlN INS TRII,~ENT ON ~Eltl/ F OF .9~ l P CORPOR~ T I ~N.
SAID CORPORITION 8EINC NNOMN f~ fie TO BE / C~'NFR// P~RfNER fiF
__JS~2L'ZZ~.(~5~L~b'-~j~JS[Z.b A v~Rmt~stur, s,o P~RINERSItlP BHNC
~ PIRTNFRSIflP, TIfF PIRTNFRSItlP TIt~T LFECIITED TIll' VTTItlN IN, gTRIINENT
INO ICKNOV[EOCED TO ~E TIt~T SUClt P~RTNERSItlP [X~CUTEO TIlE
PURSUANT TO ITS BT-I~US.
IN VlTNF,~S MHFREOF, I It~Vf' It[RE-
UNTO SFT NT If~ND ~NB MTDTD NY
NOTIRIII Sg~{, lftF OlY IND
MRITtEN.
~Y COff~lSSlON
.9fll0 (OI/NTF ~Nt)
fIN AB~FNCE ff NOTARIAI SfAI, PtEA.ff fill IN IAqOR~ATIfN 8FIOM]
PRINCIPAL PLAff 0f' 8tk~INFSS- I'RINI k'A~E-
SIA rE OF CAl IFORNIAI
COUNH' OF SAN OlECOI
TIIE-~b~O~,fATI$f~Q~T ~ VIDENCE) m BE TIlE _ ~.,LL~2EZ 'lJ2_~ .....
OF __CL=~(~_~'_~_e_E= ...... A CORPORATION. TItF H1RPORATION H/AT
~XFCIITEB TIlt VITHIN INSTRIIHENT ANI) KNOVN I~ ~F 1~ RE TIlE FERSON
~H~ EYECUT~D fife UIIltlN INSTRU~ENT ON BEItAIF OF ,~I0 CORPORATION,
.~10 CORPORATION BEING KN~MN YO HE ~0 BE ~ C~NIRAL PARTkqR ~F
~C_~:i~J_LL~Z~]L~L'C:~_jj~~ A PARTNFRSItlP, S~fi) PARIkqRSItlP BtlNG
A PARTNERSIfiA life PARINIRSIIIP TItAI AI'ECIIffD file VlIHIN INSIRIIH[NT
AND AC~OVlEI)G~O TR HE IlIA [ SIICIt PARfNfRSItlP [ ltCHf~P HtF
IN FIINISS VltrRFOF, I ItAY/ It~N['-
t/Nfo qfT ~F llANO ANO All [.If/) ~f
NOURltt SIll. T/IF PAT ANO lIAR
fRITIEN.
ffl' CO~NISS/ON LIP/R/S- Nfl~RI' PUB/IC IN ANI)
fin JBS[NCE Of' N~U~IAI ~f~/. HELft' fill IN INfflRflATION
PRINCIPAl P~JCE or 81/,~INLqS- PRINT
- - 17 45
SIAIE OF CJI IfltRNIAI
COIlNTk 0f' SAN Dl[f, OI
figNiP, J NOTJRF PIlgt [C IN ~ [OR S~[9 O1HNH JNI) SIJIL MRSfiN-
or _..~.~_/._~N~_, a CORPO~ATIOA', IHF CaRPORAl/aN H/AT
O'[tUTF~ THE ~[TIIIN /NSTRUflENT AND ~'N~'N TO fiE' t~ ~f THt
YIfO EJTCUTI'D file YITItlN 1NSIRIIflENT ON g[ltl[f {IF SJIB CORPORJTION.
SJlB CORPORJTION BEINC ]~OUN fB fie TO BF ~ CTNTRJI PJRTNTR
~ _ ,
PARTNFRSIIIP, TItF PJRTNERSItlP TYJT t.I'[CHTED TIlt' YITItIN IN.~TRII~ENT
~NP JrKNOUI EDCEB ~0 NF TfIJT 51/CY PJRIN[RSItlP [.I'ICUTtB TIlE
fI/RSUJNT TO ITS
IN VIINFS.~ MHI~EOF, t/tJff ItfRE-
IkVTO SET ~1' IHA'O JND JftlJTg hE
NOt~RIAI S[~l, llf[ DJY JNO
IN IHIS CERTITICJIE FIRST
,VA I1) ('OI/NT~' AND SIA
fIN Ag,gf'NCF Of A'flHRIA/ ,qfJI, Pg[J,% I'fi/ /N INf~RflATfilA'
PRINCIPAl P/AC[ OF RlkflNf,f,g- I'RINf NA~[-
1746
COUNT~ Of SAN DIEGDt
ON THIS _5_~5_~__ DAY Of ___~_~ES_~_ ....... 19__~_~, BEFORE ME TIlE UNDER-
SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON-
ALL APPEARED ...... KHa 'H ra NE
~'~4~~ TO BE THE __~5~ ........
Or ~~ .... ~.A CORPORATION, THE CORPORATION THAT
EXECUTED THE MITHIH INSTRUMENT AND KNOVN TO NE TO BE THE PERSON
VHO EXECUTED THE MITHIH INSTRUMENT ON BEHALF OF SAID CORPORATION,
SAID CORPORATION BEING KNOMN TO NE TO BE A C~NERAL PARTNER OF
5__~_~5_~,~_~5_~ A PARTNERSHIP, SAID PARTNERSHIP BEING
KNOVN TO ME TO U A GENERAL PARTNER U _~_~S~_~_ ...........
~ P~RTNERSHIP. THE P~RTNERSHIP THaT EXECUTED THE VITtVIN INSTRUMENT
~NO KKNOVLEDGED TO ME THaT SUCH P~RTNERSHIP E~[CUTED TItE S~ME,
PURSUANT TO ITS 8Y-L~'S,
IN VlTNESS MHEREOf, / ~VE ~ERE-
UNTO SET ~ ~JN~ JND Jff[~['~ ~Y
NOTJRIJL SEJL. THE DJ~ JND ~EJR -
IN THIS CERTIFICJTE FIRST JBOVE
NY COMMISSION E~IRES- NOTARY PUBLIC IN IND FOR
S~ID COUNTY ~ND STATE
~/~ I~
...................... , ....
[IN ~BSENCE OF NOT~RI~L SE~L, PLEASE FILL IN INFORMATION BELOW]
PRINCIPAL PLACE OF BUSINESS- PRINT N~NE-
5I~It DI V.M ItI1RNIM
CIiIlNIr Of ,fAN DI[GOI
SIGNED, ~ NOTARf PIIBIlC IN AND E0R SAID rOYNTf AND STALE,
I~-8A$tS Of SA t'IS~CTORf-{ VlDFNDfi TO 8[ HIE =~SZ:~_C~LtL~l?,>ff .......
~'1t0 [XECIIIID TItE HIltIN INSIRYfl{NT ON g[JMIE OF SAIO
SAID CgRPO~ATION BEING ~NOMN Td ~{ TI1 BE ~ Ct'NERA[ PA~INER Of
AC.( ']]) yJ'~.%(el, U<-- ~ ~. 10, ~ PARTNERSItlP, SAID PARI~ R5ltlF BIlNC
~ PARINfR$ItlP, rite PARINERSItlP TItAT t.I'lClIIED TItF MITItlN INSIRY~[NT
ANP ACNNOYI[DG[D I0 ~' TftAT SII~t PARTNIRSItlP iXICIIT[P file SA~I,
PURSUANT Tg ITS
IN MITNESS MHEREOf I ItAV[
UNTO SfF M It~ AND ~fflX[~ fir
IN TItIS ~'RTIflCATE FIRST ABOVE
IIN ABSfN(E Of NOTZRIAI SEAl, PtlA,fE FIll/N INfOR~ATIgN
PRINCIPal PLACE Of BYSINESS- PRINT
COYNIl O[ SAN YlECSI
[IEO/TEP TIlE YlfltlN INSTRI/~ENT ~P NNOMN TO ~E I0 BE YtP PERSON
MHO [.IICYTED THE VllItIN INSTRUNI~T ON BEIt~IF 0f S~ID CORPOR3TION,
S~10 CORPOR~TION BllNC KNDMN TO ~E 10 BE ~ CENtRAl P~RINIR Of
~ P~RTNERSttIP, TIlE P,~RINfRSItlP TIfAT E. FECUTED IHE MITIIIN INSIRY~E~T
~NO ~C~NOMLEOG~D TO hE Itt~T SUClt P~RI~'ERSttlF [,I'ECUTtD 1tt6
PIIRSY~NT TO ITS
IN YlTNtS,~ MItEREOF, I IMVE IlfRE-
NOT~RIAI SE~I, TIff D,4f A~D
M COmmISSION t.IPlRES- NOT~Pf PYBI IC IN AND
fIN ~BSbNCE Of NOIARIAI Sf,4L. pII~SE FIll IN INI'OR~I]ON
pRINCIpM pI~O OF BySINISS- PRINI
' ~ 174~ Bond No. 11132548899
SURVEY MONUMENT INSTALLATION BOND
RANCH0 DEL SUR, a California
KNOW ALL MEN BY THESE PRESENTS, That I/tie General Partnership
as the subdivider and Principal, and the THE AMERICAN INSURANCE COMPANY
a Corporation of the State of NEW JERSEY ............ , as Surety, 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 ai
and all persons who may suffer damage by reason of the breach of the coni
ditions hereof, in the penal sum of SEVEN THOUSAND AND N0/]00 .....................
($7,000.00 ....... ) lawful money of the United States of America, to be paid i
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as RANCH0 DEL SUR UNIT 3 ........ 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 t1
Principal shall have set durable monuments of the survey by
(name of
, as per the final map o~ 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 Cit~
of Chula Vista in force and effect at the time of giving of this bond, on
or before the expiration of thirty (30) consecutive days following complet
and acceptance of public improvements within said subdivision, then the
obligation shall be void, othenvise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto sei
their hands, this 15th .day of MARCH , 1988
SEE ATTACHED
i (Principal)
~ ·
~, APPROVED AS TO FORM: THE AMERICAN INSURANCE COMPANY
BY_
~I?~/~L~ ~,~ ~ A t to r~ ey - in i F a c t
~Y Ci!fZAtt°rneY Christine A. Paterson
1750
DEVELOPER
RANCHO DEL SUR,
a Californka General Partnership
GADCo Investment Partnership III, Ltd.
a California limited partnership
BY: Great American Development Company,
a California Corporation
(Printed. or typed Name)
(Ti.tle)
(Prlnted or ~yped Name)
(Title)
1751
BY: KG Otay Associates, Ltd. ,
a California limited partnership
BY:
WPK, inc., 9en ral partner
~AT~ LOONIN
(Printed or typed Name)
(Ti~le)~"'~
BY: , . ,
· * (Printed or typed Name)
(Title)
BY: , - ,
Printed or typed Name)
(Title)
i BY-- Guttman Construction, inc.,
~ gene~ pa her
BY
(Printed or typed Name)
(Title)
! BY: Mesa Del Oro Associates,
a California general partnershi
BY: Mesa Del Oro, Inc.,
(Printed or :yped Name)
(Title)
~ BY: Costa Azul, Inc.,
i general partner
(Prin~d or ~yped ~ame)
(Tills)
E RA'- ' ' 17 5 3
POWER OF
Arrou,,ozY THE AMERICAN INSURANCE COMPANY
ENOW 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 County of San Francisco, California. has made, constituted and
appointed. and does by these presents make, consLaura and appoint
WAYNE G. PLA~AK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON
jointly or severally
its true and lawful Anorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead. Io 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 duty attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Seelion 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now' in full
force and effect.
"Article VIII, Appointment and Authority Assistant secretaries, a~d A ttorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appoiotment. 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 Attorueys-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 lhe 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
mended or repealed:
"RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporalion. and the seal of this
Corporation may be afffxed or primed on any power of attorney'. on any revocalion of any' po~er of attorney. of on an~, certificate relating Ihereto. by
facsimile. and any power of attorney. any revocation of any po'~er of attorney. or certificate bearing such facsimile signature or facsimile seal shall 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 seai to be hereunto affixed this 1 l th dayof August 19 86
STATE OF CALIFORNIA }
COUNTY OF MA/flN ss-
Onehis I 1 th dayof August , 19 86 , before me personally came Richard Wi 11 jams
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 that 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 writlen.
i OFFICIAL SEAL i '
SUSIE g. GILBERT ~ -
NOTARY PUBUC - CALIFORNIA Nolar} P~bhc
Prinul~al Office in Maim County
My Commi,slon [x;ires Nor. 17, 1988 ,'
= CERTIFICATE
~lllllllllllllllIlllilIIIIIIIIlllllllllllllllllllIIIlllllII
STATE OF CALIFORNIA }
COUNTY OF M~M~IN ss.
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER-
TIFY Ihat the foregoing and attached POViER OF ATTORNEY remains in full force and has not been revoked; and furlhermore that Arlicle VIIL Sec-
tions 30 and31 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~
Resldenl Assislam Secrelar)
3~0rl 1 -TA-5,.81
-- 1754
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On this ]sth day of March 1988, before me, the undersigned, Notary
Public in and for said State, personally appeared
GUS 0ROZCO and JAMES B. CARTER
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the virp Pr~ident
and A~siSt~nt 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~PubZic~for State of
........................................... .- .1755
Sl~If 0[ CM ITORNIAI
COIlNTr OF SAN OIECOI
~l~NEP. ~ N~M~T ?liBlie IN ZND F~ 5~lP COIlNIl ~NI] SI~I[, ~'~SON-
All r APPEARED t~i~:ld~,,l~,t~L~L~k_, ~O~N m fi~
OF .... ~LT~,__~C~- ....... A CORPO~ATIHN, lift CORPORAlION HfAT
EJ'lCIITED Nt( rill/IN/N. VTRIIHENT AND A'NOEN I~M l~ BE IltF fiRSON
lqtO EXECUTED TIlE ~IT/f/N INSIRI/tYENT ON RFIfAIE OF SAID CORPORATIBN,
SAID CORPORATION BEING A~O~N lO fie TO RE A CENFRAI PARTNIR OF
/s~2L'II~] f~'L~!)j~'SAI ~ ~ PARTNERSHIP. SAID PARINERS//IP BEING
A PARINFRS/IIP, TIlE PARTNF~SHIP H/AT I.t~CHTIB T/If' rilltiN INSIRI/~FNT
AND ACKhVV/EDGED TO fie H/AT SI/~If PARTNERSHIP fX[CYffP fife
PI/RSUANT [0 ITS Dr-tArs.
IN U/TNF,fS MHFRFOF. I //AV['
I/Nl~ SET HI' I/AND AND AFFI.ITD ~r
NOVARIlL ,VEAl, file par AND
IN fills CIRT/FICATE fIRST ABOVE ~_~~
VRIIIt'N.
Hr COH~ISSION EJTIRIS- NnfARr /'IHH IC IN ANP
SAID COl/NIl ANP SLATE
.......... ......
fIN A8,fFNCF OF NOTARIA/ SIAl, PLEASE fill/N IAqORMT/ON
PRINCIPAl PLACE Of 8//SINF,fS- /'flINT
SLATE OF CAl /FORNIA/
]~
COYNIl' Of' SAN
HIE ~4~GA-IIS~MT4VIDI'NCEI ld UE TIlE _.{22~?t~'~J~_~ .....
OF __C2=~E_~'_~_~_~E=L ..... A CORPORATIBN. l/IF CORPORATION
IJTCUfED T/IF VlTHIN INSTRIIflENT AND KNOUN lO HF lO RE TIlE PERSON
Y/tO EJ'ECHTIO TIlE VlTHIN I~?TRIIfll~T ON BEftAIF OF S~lD CORP~RATION.
,fJlO CORPOR~TION 8EIN~ ~NRMN lO ~t TO BE I PlNIRAL PARTNIR OF
~-.,~:ZD~_L~2L%C~jA[L'~',~_~J~~ A PARTNTRSItlP, SAIl) PARIA~IR,fftlP BIlN~
A PA~TNIRSItlP. fife PARINIR,~tlIP TltJl E.I'EE~flB fife ~IfifIN INSIRII~INI
JYP JrANRlqEOElP TO HF 71t~T ,~I/Cll PARIN~RSIflP l.tl?llf~P l/IF
PIIRSIIANT 70 ITS
IN VITNISS rllfRFOf', / ftAV~ If[RE-
I/NTO SFT fir ItANP AND Mfl. lfP fly
NRTARIAI SfM, lftF PAr AND rlAR
IN TItIS GERTIt fC~T~ F/RSI
fIN ~BSfNCE ~F NOTARIM ,ff,4L. PLEKfE I'll/IN INIORH~TION
PRINCIP~/ PI /C~ Or BI/SINfSS- I'~INT N~HE-
1756
SLATE 01' EAI I/tl/INIAI
.qlGNtO, ~ ~QTARV PIIOZ IC IN AHO fOR 5AH) COUNTY ANt) STATE, PE'RSOH-
Ally APPEA~rD ~./~ ~Z~_, hNnMN ~n fie/~c~Ip
0r_...~_~_~_~_, ~ EORP~RAII~N, flIT CYRP~RMION llt~f
(J~Cl/HP TI/T fIT//IN INSTEII~INT AND ~HOVN 1~ HI TO BE flIT fiRSfiN
lq/O EJTCUTED Tt/E I'ITIIIN IN, qTRIhYENT ON B(lt/[r Of ,qAlo
SAID CORPORATION BEINC JNOVN Tf HE TO fir A CI~fRAI PARTNIR Rr
~_~ .~cd~(~...~ A PARTNERSIt P, SAID PARTN~RSItlP Bf INC
~HOVN TO 0 BE A CINfRAI PARTNIR Or ~b. _.~_ ~UI~ .....
A PARTNERSIfIP, TIlT PARTNfRSIIIP TIIAT Z.~(CIITED TIlE MIHtIN I~qTRUHINT
AND ArNKOVI EDGEO TO HF' TttA T SUClt PAR TN{ RSItIP ~ Xt CIIT( 0 TIlE
PURSUANT TO ITS Br-ZAVS.
IN VllNEqq VHIRTOr I IIAVI
IINTO Sf T fit IfAM) AND AFT f~TP fir
NgTARIA/ SfA[, file 0A Y AND t~ AR
IN TIllS CI~TIFICAT( I'IRST
SAID :O//NTY Akq) SLATE
fIN AB,fFk'CF ~F ktOMRI// ~/A/, PIIASE TI// /N INFfRHAT/ON
P~INCIP~ P/ACE OF B/ISINI;~S- PRIN7 NANf-
, v 1757
sTArg uT 0,4~ /rURNiA/' '
COUNTr 0f SAN OIECO/
ON THIS __~_~_~_~__ LiAr LIF __~Z~_ ....... I~_~, BEFORE ME THE
SICNED, ~ N&T~R~ PUBLIC IN ~ND FOR S~ID COUNT~ ~NO STATE. PERSON-
or ~,~ ~_ ~.~ CORPORATION, THE CORPORATION THaT
E~CUTED THE MITHIN INSTRUMENT ~ND KNOMN TO ME TO BE THE PERSON
MHO EXECUTED THE MITHIN INSTRUMENT ON BEHALF OF S~ID CORPORATION,
S~1~ CORPORATION BEINC KNOWN TO ME TO BE ~ &ENER~ P~RTNER OF
~NOMN TO ME TO BE ~ CENER~L P~RTNER OF _~_~_~_
~ P~RTNERSNIP. THE P~RTNERSNIP THaT EXECUTED THE MITNIN INSTRUMENT
~ND KKNO~LEOCED TO ME THaT SUCN P~RTNERSHIP E~&UTED THE S~ME,
PURSUANT TO ITS BY-L~MS.
IN ~ITNESS fHEREOF. I HAVE HERE- ' ?~'
UNTLI SET Mr HAND AND AFFIXED fir ~
NOTARIAL SEAl, THE RAT AND rEAR
IN THIS CE~T/f[CATE fIRST ABOVE
Nv CONMISSION ~PIRES- NOTARY PUBLIC IN AND FOR
...... ~X?~_ ............~gSD_, s~o cauNrr ~NO ST~rE
tIN ~BSENCE OF NOT~RIAL SEAL, PLEASE FILL IN INFORMITION BELOM)
PRINCIPAL PLACE OF BUSINESS- PRINT NAME-
S/All' I]t CAI Itl/RNIAI
,<',tUNEr DF SAN D/EGO/
////s / zbDAr Or 7'fiAAZho¢ otfgRr lfr U//' UNDi -
SIGNED, A NOTARY PUBIIC IN AND/OR SAID CO/INTY AN/) S/A/f. PErSON-
Alt Y APPEARFD [b~.!'l_l~_z~_t2LbLL~./_~:Z!l,'_~-:. ~NOMN IO tIE/PROVED 40 ti/= ON
TttE-. -BAStS-OF SA E /~f=ACTOR ~-~VlDENtTf:] lO 8E tilT. ,=_,(,_~:~-~',_t_{~/~_~_/'.__
OF/J.~':J)L~_L_~.LC:[_'~ J_t~z ~! ~ A CORPORA/ION. file CORPORA T10N /ltA T
E.{'ECUTED THE MITHIN INSIRUtifNT ANO ~NOMN I0 tIE TO BE TttF PERSON
MItO EXE'CUTED file MIIHIN INSIRU~YENT ON BEltAI. E (lF SAIU CORPORA/ION,
SAID CORPORATION BEING ~)W/MN TO tIe TO BE A CbVERAI PARINER OF
/~(' ('i/)~-'-/'Y~%(~'/x~ '~ 1- ~. A PARTNERS/Ill'. SAID PARTN RSIIIP BEING
~';~' T2]'~I~; 721'~: A ~;~ ~ 'PARTNER OF J :,L?/~:~L~,.Z~'~.,~_.,%~_A?.=.~ ....
A PARTNFRSItIP. TIlE PARTNERS/tIP TIMT {{'ECIIIED TIlE M111/IN INS/RI/NENT
AND ACKNOXI{DCED I0 hE fitAT SU~t PARTN~RSItlP [,}'~C/}TED TIlE
PURSUANT TO ITS BY-LAYS.
IN VlTNESS Vt/EREOF, I IIAV{ IlLRE-
UNTO SfT BY llANO AND A{Et~'[D NY
NOTARIAL S{AI. file DAY AND }~AR
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