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HomeMy WebLinkAboutReso 1988-13544 1806 (e) RESOLUTION NO. 13544 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 4, 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 1 and more particularly described as follows: Being a subdivision of Parcel 4 and portions of Parcels 3 and 4 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: 72 No. of Units: 71 Area: 22,214 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: CLOUDWALK CANYON DRIVE, INDIGO CANYON DRIVE, and PACIFIC HILL STREET 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. 1807 BE IT FURTHER RESOLVED that said Council hereby accepts a fee interest in Lot J as shown on said map for open space, pUDliC 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 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 do~l P. Lippi't/,~Lector of D. Richard Rudolf, s~ant Pu ic Works City Attorney 4120a -2- 1808 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of April 19 sR , by the following vote, to-wit: AYES: Councilmembers McCandiiss, Nader, Cox, Moore NAYES: Counci 1 members ~one ABSTAIN: Counci 1 members Maicoim ABSENT: Counc i ] members ~one e C~y of Chulo Vista ~ity CI~ ' ~ ,ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. C~TY 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 o full, true and correct copy of RESOLUTION NO. 13544 ,and that the same has not been amended or repealed. / '/-//- / . , CRY OF CHULA VISTA CC-660 RE~QRD~G REQUESTED ~Y · ,,,. it 1762 Revised 2/26/80 ~ ~G/~ T~ZS AGREgME~, made and entered into this day of ApeS1 , 1988, by and between THE CZTY O~ C~U~A VZSTA, a municipal corporation, hereinafter called "City", and RA~CEO DE~ 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 approv;al and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 87-8 (Rancho del Sur) Unit 4 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 21826 I / 1763 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 Drawinqs Nos. 87-569 and 87-549 throuqh 87-545, on file in the office of the City Enqineer, 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 EIGHTY-FIVE THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS (~585,400.00). 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- 764 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. 6o 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 NINETY-TWO THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS (~292,700.00), 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 NINETY-TWO THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($292,700.00) 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. - 1765 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 alleys easements, water and sewer any damage to, the streets, , 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- -- 1766 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. 15o Subdivider agrees to defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE C~~HU~ VISTA SUBDIVIDER: RANCHO DEL SUR,  a California General Partnership · By: GADCo Investment Partnership III, Ltd., Mayor of ~he ~fty of CHula a California limited partnership Vista By: Great American Development Company ATTES~ By /// 'City Clerk '  Lawrence A, Hef (PrintedF~r Typed Name) Approved as to form by Executive Vice President /1 (Title) (Printed or Typed Name) Assistant Vice President (Title) -5- 1767 BY: KG Otay Associates, Ltd. a California limited partnership By: Wi 11 iamv~a~rY ck ~Kruer President By: GTK, Inc., general partner G~o~ge T~mas Kruer President By: MRL, Inc., general partner President By: Guttman Construction, Inc., By:~;~er BY: Mesa Del Oro Associates, a California general partnership By: Mesa Del Oro, Inco, general i! 3o~hn W. Gardner, Jr. ~ ' Will Dona Gardner Pres ent (Attach Notary Acknowledgment) -6- - ~ 1768 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Unit Amount of Bond 4 $292,700.00 Exhibit "B" Improvement Security - Material and Labor: Unit Amount of Bond 4 $292,700.00 Exhibit "C" Improvement Security - Monuments: Unit Amount of Bond 4 $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 3824a -7- /.::', / 1769 STATE OF CALIFORNIA) ) SSo COUNTY OF SAN DIEGO) On this 16~h 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. , ~ NotarMr~Publi~ for State of "' .... 6~{'Ai ~Ai""" California { KRIS KOH~ N, otsafy Public-California - ', 1770 S~ATE OF CAL IFORNIM ON THIS DAY OF __L~_.~.__~__ ..... lg__~__~. BEFORE ME TIlE UNDER' SIGNED, A NOTARY PUBLIC IN'AND FOR SAID COUNTY AND STATE, PERSON- AlL Y APPEARED _~)_,~_~,__~z~__~_~_~_t__c.~__~____~_ ~HO~!N TO NE ZP, qQ%~ TO ,~E _ __~ ..... ~ CORPORATION, THE CORPORATION THaT EXECUTED THE M/THIN INSTRUMENT ~ND KNOMN TO NE TO BE THE PERSON MHO EXECUTED THE M/THIN INSTRIIMENT ON BEIttLF OF S~ID CORPORtTION. KNOMN TO HE TO BE A CENERH PARTNER OF ~_~__~_._~_~ .... ~ PARTNERSHIP. THE PARTNERSHIP THAT EXECUTED TIlE MITHIN INSTRUMENT AND ACKNO~LEDCED TO ME THAT SU~ PARTNERSHIP EXECUTED THE SAME. PURSUANT TO ITS BY-LAMS. IN MITNESS MHEREOF, I HAVE HERE- UNTO SET ~ HAND AND AFFIXED MY NOTANIAL SEAL. THE O~Y AND YEAR IN TIllS CERTIFICATE FIRST ABOVE ~~~_~ MRITTEN. ' ~ ' MY COMMISSION EXPIRES- ) S~IB COUNTY INO STATE ..... _~__~ ........ I9_DD. fin ~BSENCE OF NOTARI~L SE~L, PLEASE FILL IN INFORMATION BELOV] PRINCIPAL PL ~CE OF BUSINESS- PRINT N~NE- _~_~D~_~_~D5~ ........ ~_~D ............. STITE OF C~LIFORNIM COUNTY OF S~N ON THI,~ L ..... DAY OF _~_~ ...... IgOr, BEFORE NE TIlE UNDER- SICNEB, ~ NOTARY PUBLIC IN ~ND FOR S~tD COUNTY ~N0 STATE, PERSON- ~LL ~ ~PPEARED ~_~~_~ KNOWN TO NE ~RG~ TO hE ON ,~ ~ ~, S,~Tt~C~CTG~X ~ ,,~Ek~ TO BE THE [~_~ ....... Or_~_T~__~!: ..... ~ CORPORITION, THE CORPOR~HON THJT E~[CUTE0 THE MITHIN [NSTRU~ENT ~N0 KNOMN TO ~E TO BE THE PERSON ~HO EXECUTEB THE M[THIN INSTRU~ENT ON BEHILF OF S~IB CORPORJHON, S~[0 CORPORATION BEIN~ KNOMN TO fie TO BE ~ GENERIL PJRTNER OF J P~RTNERSHIP, THE P~RTNERSttlP THaT EXECUTED THE UITHIN INSTRU~ENT ~NB ~C~OMLEOGE0 TO NE THaT SUCH PJRTNEESHIP EXECUTEO Tile PURSUANT TO ITS IN VITNESS MItEREOF, I H~VE HERE- UNTO SET fir H~NO JN0 J~D'ED fly NOT~RIIL SE~L, IHE 0~ ANO IN THIS CERTiFICaTE FIRST JBOVE MR I T IEN. ~' CO~ISSION EXPIRES- s~lB COUNTr ~NB STATE ~N JSS[NCE OF NOTJR[JL SE~L, PLEJ$E fiLL IN [NFORfflTION PRINCIPJI PLI~E OF BUSINESS- PRINT N~ffE- STATE OF CALIFORNIA} t~ COUNTY OF SAN DIECOl SICNED, ~ NOTARY PUBLIC IN AND FOR SAID ~UNTY ~ND STATE, PERSON- THE B~SIS OF S~TISFACTORY EVIDENCE) Tg BE THE _~_~_ ..... OF _~_~__~ ...... ~ CORPORATION, THE CgRPORATIgN TIt~T EXECUTED THE MITHIN INSTRUHENT AND KNOMN TO ~E TO BE THE PERSgN ~Hg EXECUTED THE MITHIN INSTRU~ENT ON BEttALF OF S~ID CORPORATION, ~NOMN TO HE TO BE ~ CEntRAL PARTNER OF _~_~__~__~ ...... ~ P~RTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE MITHIN INSTRUMENT AND ACKNOMLEDgED TO HE THaT SU~ P~RTNERSHIP EXECUTED THE PURSUANT TO ITS IN MITNESS MHEREOF, I H~VE HE~E- UNTO SET ~ H~ND AND AFFIXED HY NgT~RIAL SE~L, THE ~ Y ~ND IN THIS C~TIF{C~TE FIRST ~BOVE MR[TTEN. NY COHHISSION EA?IRES- SAID COUNTY AND STATE .... ~_~_~ ......... FIN ~BSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORN~TION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- , ~~_~~ ........ _~_~_~_ ............ STITE OF CALIFORNIH THE B~SIS OF S~TISF~CTORY EVIDENCE] m BE THE _~_~ ..... OF ~ZJ~__~d~_~ ~ COR?OR~ TION, THE CORPOR~ TION TH~ T EXECUTED THE MITHIN INSTRUNENT ~NO KNOMN TO HE TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, ~ , ~ PARTNERSHIP, SAID PIRTNERSHIP BEINC ~OMN TO HE TO BE ~ CENERAL PARTNER OF _~__~_~ ...... ~ P~RTNERSHIP, THE ?IRTNERSHIP THAT EXECUTED THE MITHIN INSTRUHENT ~ND AC~'NOMLEBCEB TO HE THaT SUCH P~RTNERSHIP EXECUTED THE PURSUANT TO ITS BY-LAMS. IN VlTNESS MHEREOF, I HAVE H~E- UNTO SET NT HAND ~ND AFFIXED HY NOTARIIL SE~L, TIlE D~ Y AND YEAR IN THIS CERTIFICATE FIRST ABOVE MR I T TEN. HT COHHISSION EXPIRES- S~ID COUNTY AND STATE ..... ~__~ .......... 19___~~ fIN ~BSENCE OF NOTA~[AL SELL, PLEASE FILL IN INFORMATION BELOW) PRINCIPAL PLACE OF BUSINESS- PRINT N~E- 3TATE OF C.4L IFORNIAI 155 COUNTY OF S~N DIE~OI ON rH S _ ...... DAY OF t~_~L~___~ ....... l g~_~. BEFORE HE THE UNDER- o szs DF USF. Cre E ': E CU TO BE THE ~_~_ ........ OF ~_~_~R_JE~_. ~ CORPORATION. THE CORPORATION THAT EXECUTEB THE MITHtN INSTRUNENT ~NB KNOMN TO NE TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRU~ENT ON BEHALF OF SlID CORPORITION. S~I~ CORPORITION BEINC KNOMN TO NE TO BE ~ CENER~L PIRTNER OF ~ ~0~ ~,~ . ~ PIRTNER~ P. S~IO PIRTNERSHIP BEINC ~ P~RTNERSHIP. Tile PIRTNERSHIP THaT EXECUTED THE MITHIN {NSTRUNENT ~ND lCKNO~LEDCED TO NE THaT SU~ P~RTNERSHIP EXECUTED THE SINE. PURSUINT TO ITS IN M[TNESS MHEREOF, I tt~VE HERE- UNTO SET MT H~NO AND ~FFIXED MY NOTeRIll SE~L, THE ~ ~ INB ~E~R IN THIS CERTIFICI TE FIRST IBOVE KRTTTEN. " MY COMMISSION EXPIRES- '~" ' Nt T~ ~ IN IND S~IO COUNT~ ~ND STATE ...... ~_~ ......... I~_~ TIN IBSENCE OF NOTIRI~L SE~L, PLEASE FILL IN INFORMATION BELOM] PRINClP~L PLACE OF BUSINESS- PRINT N~ME- - ~_~_~_~_ ...... .~_~_ ............ STITE OF C~L IFORNI~} COUNT~ OF S~N BIECOI ON THIS _~_~_~ 0~ OF _~ ..... IgOr. BEFORE ME THE UNDER- SICNED, ~ NOT~R~ PUBLIC IN ~NO FOR S~ID COUNT~ ~NO STITE, PERSON- ~LL ~ IPPE~REB ~_~~_~KNOKN TO ME [PROVED TO ME ON THE B~SIS DE SITISF~CTOR~ EVIDENCE] TO BE THE _~'~ ....... OF ~_~_~_1~_~___, ~ CORPORATION. THE CORPORATION THIT EXECUTED THE UITHIN INSTRUMENT ~ND KNOMN TO ME TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRUMENT ON BEHALF OF S~ID CORPORATION, SlID COR~ ~TION BE ~ KNOWN ~ ~E TO BE ~ CENERIL P~RTNER OF -~-~_~~ ~ P~RTNERSHIP. SlID PIRTNERSHIP BEINC KNOMN TO ME TO BE ~ tENEArl P~RTNER OF ___~__~_~__~_~ .... ~ P~RTNERStIIP, THE P~RTNERSHIP THaT EXECUTED THE MITHIN INSTRUMENT ~NO ~CKNOMLEOCED TO ME THaT SUCH P~RTNERSHIP EXECUTED THE PURSUINT TO ITS B~-LIMS. IN Vl TNESS MHEREOF, I HAVE HERE- UNTO SET ~ H~NB INB ~FFIXEB MY NOT~RIIL SE~L, THE ~ ~ IND ~E~R IN THIS CERTIFICITE FIRST ~BOVE MY COMMISSION EXPIRES- S~ID COUNT~ ~ND STITE .... ........... HN ~BS~CE OF NOT~RL~L SE~L, PLEASE FILL IN INFORMITION BELOW] PRINCIPal PLACE OF BUSINESS- PRINT N~ME- Bond No. 11126950168 .. ' .., I'/73 BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the city of Chula Vista, state of California, and RANCH0 D[/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~EL SUR UNIT 4 ............ · is hereby referred to and made a part hereof; and k~HEILEAS, 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 TW0 HUNDRED NINETY TW0 TNOUSAND SEVEN HUNDRED AND N0/100 ................ dollars ($29~'~700.00 ........... ) lawful money of the United States· for the payment of which sum well and truly to be made, we bind ourselves· our heirs· s~uccessors, executors and administrators, jointly and severally·. firmly by these presents. The condition of this obligation iS such that if the above bounded principal, his or its heirs· executors· adminis- trators· successors or assigns· shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided· on his or their part, to be kept and performed at the time and in the manner therein specified· and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers· agents and employees, as therein stipulated· then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. AS a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation· all to be taxed as costs and in- cluded in any jhdgment rendered. The surety hereby stipulates and agrees that no change· extension of time, alteration or addition to the terms of the -- 1774 agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bondr and it does hereby waive notice of any such chanqe, 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 abover 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 sure'ty above named, on lSth MARCH , 1988 SEE ATTACHED THE AMERICAN INSURANCE COMPANY Christine A. Paterson Attorney- I n- Fact Contractor Surety APPROVED AS TO FORM: STATE O[ CAL~ [ORN~A COUNTY O~ _%an D~ego O. m~s 15th d~ o~ , March , ~n ~he yea~ 1988 , be~o~e me, ~he appeared Chrlq~ A Paf,~nn 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- ~ [~ that the Corporation executed it. ...... ~ ........ ~ . Given under my hand and the Notary Seal this 15th day of Hatch A.D. 1~8 My Commission expires ICW Cal 315R(04/86) ~ary PubliC' ' y ~:' , 1775 DEVELOPER RANCHO DEL SUR, a California General Partnershiu GADCO Investment Partnership III, Ltd. a California limited partnership BY: Great American Deve!omment Company, a California Corporation BY: P ( ri (Printed or typeU Name) {Title) 1776 BY: KG Otay Associates, Ltd., a California limited partnershi BY: W~K, Inc., gener 1 partner B . ! .... :,. (Printed or typed Name) (T-i~'le) BY: ~~g~e a artnet · - (Printed or typed Name) i (Title) !' BY: .... (Printed or typed Name) ~Title) BY: Guttman Construction, Inc. qe~.. 1 ~tner (Printed or typed Name) (Title) t .... -- 1777 ~ ) BY: Mesa Del Oro Associates, a California general partnersh BY: Mesa Del Oro, Inc., general partner (Printed or typed Name) t BY: Costa. Azul, Inc., general partner (Printed or typed Name (Title) E RA', v 17 7 8 PO~ER OF AttORNEY 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 does by these presents make, consntute and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally as truc 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 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 now in full force and effect. "Article VI!l, Appointment ~tnd Authotity Assistant secretaries, a~d 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 Directors, the President or any Vice-President, may. from time to time, appoint Resident Assistant Secretaries tnd 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 b~hslf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Anorneys-in-Fact, and Agents shall be as prescribed in the inslrumcnt evidencing their appoinuncnt, 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 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 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 Residenl 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 any power of attorney. or on an.~ certificate relating Ihereto. by facsimile and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signalure 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 llth dayof August 19 THE AMERICAN INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF MARLN ss. Onthis 1 ] th dayof August , 19 86 , beforemeDersonallycame Richard Wi | 1 iams to me known, who, being by me duly sworn, did depose and say: that he is Vice-Presidenl of THE AMERICAN INSURANCE COMPANY, the Cot2 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 there o bv like order. IN WITNESS WHEREO/:. I have hereunto set my hand and affixed my official seal. the day and year herein first above written. $USIE K. GILBERT '=  NOTARY PUBUC - CAtlFORNIA ~ PrindWal Office in AAann County -:, so,~r~ ~bh,., ,- k~y C. ommlss~on [xr. ires Nor. 17, 1988 D~tamnfslellalalllssllssaiaaaasstefiesfillsesfeslss$1ss~a CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POV~tR OF ATTORNEY remains in full force and has not been revoked; and furlhermor~ Ihal Arlide Viii, Sec- tions 30 and 3J of the By-laws of the Corpora[ion, and the Resolution of Ihc Board of Directors, set forth jn the Power of Attorney, arc ~ow in force. Signed and sealed at the County of Marin. Dated thelSth day of MARCH , i~.8 36071 f -TA-5-81 1779 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 0ROZC0 and JAMES B. GARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the and Agaist~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. ~ for State of Notary/Publid  California ATSO ,~TAH' Bf CA/IEORNIA} COLINTY Br ~AN OIE, GOI YlGNED. A NOTARY PUBLIC 1N'~ND FOR 5~lD r~UNTT ~ND SI~IL (J'ECUTED Ht( VITIIIN IN, BTRII~ENT ANO KNgMN I0 fir TO BE HIT VItO EXECI/TrD TIlE VI TItlN IMFTRIIflENT ON BEltAl l' OF ,BALD CORPORATION, SAID CORPORATION BEING A'NOVN TO ~E TO BE A CENERAI PARTNER OF A PARTNERS/tIP, ,~A ID' PAR TNERSftlP BEING A PARTN(RSI/IP, TIlE PARTH~R.91/IP T//AT E, ItCIIH~ TI/F VITIIIN IN. BTRIIflENT AND ArKNOVLfDGED TO fie H/AT SIl~t PARTNERSttlP [JtCllTKD HfE SAflE, PURSUANT TO ITS IN VITNESS VIIERrOr, I I/AVE/fiRE- llNTO SET ilk' HAND AND AITIJ'ED ~Y NOTARIAL SfAL, HIE DAY AND If~R IN TIIL9 C{RTIFICATK FIRST ABOVe fir CO~fllSSlON .BALD C~IINZI' ANI) ,BTATE IlN ABSENCE Of NOTARIA{ SEAL, Pt ~A,qE FIt I IN INreZRflATI~N ~FL PRINCIPAL fiACE gf BIISINK$,9- PRINT STATE Of CAL IFORNIAI C~UNTT OF SAN OIECOI T~B~S~fJIIaCT~R~ ~ VlP[~C~] 10 OE HIE _.~.,:~.'_~YJ')_~ ..... : ~J~CllT~O TIlE MITHIN IN, qT~IIflENF ANP KNOVN SO 6E TO BE Ut~ PKRSON ~ EJ'KCIIT~B TIlE VIHtlN INSTRUNENT ON BEIfAfF ~ ,qAIO CORP~RATION, SAID CORPORATION BEING ~N~VN T~ fie SO RE A CENTRAl PARTNER Br t~-:,r~ZD~_f~:'z¢_~iz~r'k~_~j~ A PARTN~R,fltlP. SAID PARtNERgltlP B~lNC ~ P~RTNTR.fftIP. TIff' P~INtRflflP TIt~I [.I'E~ffTID TIlE MITItIN INSIRII~[NT AND Ar~H~l/ICOCf9 T~ HF l//AT ,9UCIf PARTN[R,qltlP [.lt'r~llD TIff' rIIRSU~NT 7~ IT, f IN MITNt.%f ~ltfRrOr, I ItAVE IffRE- IINT~ qfT HT IfJNP AN/) JIll,Ill) HY NOTARIAL .ft~t, lltE DAY ANI) IN HfLf fiRTIIIgTE TIRSI ~t fly CONHIS, f/OH ~.IPIRLf- N~MRY PIER[ IC IN AND HN ABSINCE Of' NOTARIA! SEAl, PLEASC FIll IN INfeRNATION PRINCIPAl P~JC[ OF BUSINt,~S- PRINT NANF- 1781 MAlE OF CA/IT'ORNIM COUNTY or SAN DIECO1 SIGNED, A NOTART PIIBllC IN AND FOR SAID CtlIINTY AND STATE, PERSON- All r APPEARED ~~.~Z~_, h~OYN TO (XECUTEO HIE MITItlN INSTRII~fNT ~NP ~NOYN TO ~f' TO RE lltE P(RSON ~'1t0 EXECUTED TIlE MITIIIN INSTRIh~ENT ON BElIA~E OF SAID CORPORATION, S~10 CORPORATION 8EINC ~XOMN TO NE TO RE I C~NER~L P~RTNER OF ~-~A~{~{~...~R A PARTNER,~P, S~1~ PARTN~RSNIP BEINC KNOVN TO 0 BE ~ CINFRAI PARTNEX OF ~__.~_~_~ ...... ~ PARTNERSItlP, X)tE P~RTNERSIIIP TIt~T E.~'~ClITTD TNE UITItIN INSTRIInENT ANO ~CKk'OVI EDC~O TO ~E THAT SILO1 PARTN~RSItIP ~XECIIT~O TltE PURSUANT TO 1TS IN VITNES~ MItEREOF, I ftAV[ It~RE- YNTO SFT M It~NO AND ~FTIXFB nY NOT~RIAI S~A~, life D~Y AND r~lR IN TItIS C~RTIFICATE FIRST M COHHISSION EXPIRfS- NOTARY P//Itl IC IN ANI) t{IR ........... ..... IIN ABSENCE OF NOTARIAI SIAI PlllSE Ell/IN/NFORNATIOkt PRINCIPAL PLACE OF 811SINESS- PRINT NAHI'- ................. : -- 1782 FORN) ) ........................ COUNTY OF SAN O/EGO/ ON THIS __~_~_~_~__ OAr OF ___~_5_~_~_ ....... 19__~_~, BEFORE HE THE SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AHO STATE, PERSON- .. ALLY APPEARED __~_~_~_ ...... KNOMN TD ME {~t~ T~=~&F~=~ TO BE THE _~~_~ ........ OF ~m Cans~_._ Tn~.A C~PORATION, THE CORPgRATION THAT E]~CUTEO THE MITHIN INSTRUMENT ANO KNOMN TO HE ro BE THE PERSON MHg EXECUTEO THE MITHIN INSTAUMENr ON BEHALF OF SAID CORPORATION, SAID CORPO~ATION BEIN& KNOWN TO fie ro BE A gENERAL PARTNER OF · __G_9~J~_~DS_~T~.~P, A PARTNERSHIP, SAID PARTNERSHIP BEING KNOMN TO HE TO BE ~ GENERAL PARTNER OF _~A~P9_~Y,~_~_ ........... A PARTNERSHIP. THE PARTNERSHIP THAT EXECUTE~ THE MITHIN INSTRUMENT ANB AC~O~LE9CE9 TO HE THAT SUClt PARTNERSHIP EXECUTED TIlE SA~E, PURSUANT TO ITS BT-L~S. ~ ...... ~ - - ~ - 1N VlTNESS MHE~EOF, I H~VE HERE- UNTO SET M H~ND AND AFFI~D HY NOTARI~L SEAL, THE D~Y ~ND YEaR IN THIS CERTIFICATE FIRST ~BOVE M COHHISSION f~P/RES- NOTARY PUBLlC/N AND FOR SAI9 COUNTF AND STATE ...... ............ [IN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORNATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NA~E- 51Alt DI CAIIftlRNIAI COUNT~ OF ,fAN DIECOl SIGNtD, A NOTART filBtlC IN AND EOR SAID CtlUNTI' AND STAll', PERSON- ~tt k' ~PPE~RFD ~.{LI~.~jZ.~,i~:, ~O~N ~O nr IPNO~D-tO' Ht~ OH T~6t$-0~ 5~ kI$f-AOTOR~ EVtDf'NCE) TO BE TIlE ,~5~5~'L~3J{~j_ ...... ~ ....... ~ (*ORPOR~IIBN, lltE CORPOR~fION litAT [,l'~tlll[P lltE ~ItltlN INStRIINfNf ~NP NNOMN I~ ~F fO 8E fltf PfRSON AL'- ( 21 )~' /'~:,(,'~M- <, ~ l ~>, ~ P~TN[RSNIP~ ,f~lP ?~RI~ RSItlP t'1t0 EXiCIII['P TIlE VI~tlN INSIRIhf[NT ON BEIt~[f' OF S~ID J PARINfRSttlP, TIlE PARINfR,gNI? TIt~T E.I'[CHIiD HIT VIIHIN AND K~'NO~'I ~GED ~O ~' fitAT SII~t ?~rH~R~ttly ~XECIfiED TIlE SAN[, PURSUANT TO ITS IN ~I:NESS ~ttEREOF, I ItAV[ IttRE- UNIO SET BT ItAND AND ~fflX:O BY NOTARIAL S~AI, lttE OAT ANO IN litIS Ci'RTIF/CATE FIRST ABOI'E VRIUEN, fir CONHISS/ON []?IRLg- Nfil~KY t'llUl IC IN AND fOR fIN ~BSTNCF OF NOlORIll ,f[~/, P[ F~SE FIt I IN INFOK~ URN Sf'Z PRINCIYA[ PlaCE OF BIISIN[SS- I'RINT N~HE- STALE OF gl ifOffNl~l COdNIl' Of ,f~N PIECOl SIGNED, ~ NOf~RY PU~/I~ N ~ND fOR S~IP KOIINlf ~NO SIdlE, P[RSON- Al[ f ~PP[~RED ~LU_L~J2_~Z~'&~ KNOk'N fil ~ [PROVlO-TO 'NEON IHt-TBA~I~ OF"S~TISE~CTBRf EVID/NC[] fil 8E TIlE Z.~zZ~VZ~ OF _~ J~ji)/D/=fJZ~ ~'Z_ , ~ CORPORA l I ON, file filRPOR~ I I ON liter [XFCI/T[P fitF ~ITttlN INSfRUH[NT ~NP KNOVN 70 HE lO BE TIlE VHO [XfCIIT[D IHF UIININ INSFRUN~NT ON B[lt~lf' OF ,f~/P CORPORATION, S~IP CORPORAl/ON BEINC KNOWN TO ~E t~ BE ~ C[Nt'R~L P~RfN~R OF ~ P~RTNTRSItlP, HIE PARIN/RSHIP liter [.rECUffD TIlE VlfltlN INSIRU~[NT PIt~U~NT 10 ITS IN UITNfSS ~I~'RFOF, I tt~VE /tfRF- NOlORItZ .9~1, lift PAY ~ND IN IHIS fiRIll IC~IE f /RSI ~BOI/[ I'RIfI[N. ~[ CO~HIS~ION i,I?IR[S- NQT~RI' PINII IC IN AND fIN ABSfNCE Of' NOrARIll .fEtE, PlEaSE FIll IN INIOR~TION PRINCIPAl fi~fi Of ttUS/N[SS- PRINT - 1784 Bond No. 11126950168 BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, andRANCH0 DEL SUR, a California 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 4 ....... , is hereby referred to and made a part hereof; and WHEtLEAS, Under the terms of sa~d agreement principal , is required before entering upon ~he 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 NINETY TWO THOUSAND SEVFN HUNDRED AND N0/]00 ............ dollars ($ 292~700.00 ...... ), 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. 1785 -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-In-Fact Contractor Surety i~ APPROVED,~ AS TO FORM: !/' ~ Ci~9. Attorney PW-E-34 STATE OF CALl FORNIA COUNTY OF _ SarL]Dieao On this 15th day of March - , in the year 1988 , before me, the undersigned Notar Public in and for the State of California, personally appeared hr~s~ne A~ Paterson C 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 that the Corporation executed it. Given under my hand and the Notary Seal this _!5tbday of March A,D. 19 ~ My Commission expires 1786 DEVELOPER RANCHO DEL SUR, a California General Partnership GADCo Investment Partnership III, Ltd. a California limited partnership BY: Great American Deve!omment Company, a California Corporation BY: P t~ ( rin e .or typed Name) (Title) (Printed or typed Name) (Title) 1787 BY: KG Otay Associates, Ltd., a California limited partnershi' (Printed or typed Name) (Title) -. (Printed or typed Name) (Title) Prlnted or typed Name) ~ (Title) BY: Gu~ztman Construction, Inc. g e n e a~~___~ B~: ! Printed or ~yped Name) ~ (Title) PO~'ER OF ~vromNEv 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 does by these presents make, constitute and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or several ly as truc and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in ils 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 Anorneyfs)-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 effect. "Article VIII, Appointment and A t~thotity Assistant secretaries, a~d 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 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 beh~f of the Corporation. Section 31, Au~ority. 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 mended or repealed: "RESOLVED, that 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 any pov, er of attorney. or on an:,' certificate relating thereto. by facsimile. and any power of a~torney. any revocation of any' po~er of attorney. or certificate bearing such facsimile signalurn 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 .[ I t h day of ALl C3 U S THE AMERICAN INSURANCE COMPANY STATE OF C/LLIFORNIA COUNT~ OF MABJ. N ss- Onthis 11 th dayof August , 19 86 . before me personally came Richard Wi 11 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 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 Corporal ion and that he signed his name thereto by like order. IN WITNESS WHEREO/L I have hereunto set my hand and affixed my official seal. the day and year herein first above written. r""'"""""'"""""""""'"""i OFFICIAL SEAL !SUSIE g. GILBERT ,' .; Pnnlq~al Office in Marin Cnunt~, My Commission/x;ires NaY. |7, 1988 .' ST. ATI~ OF C;.L~FOBNIA COUNT~OFMAFLIN ss. l, the undersigned, Resident Assistant Secrelary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing and attached POg,'ER OF ATTORNEY remains in full force and has no; been revoked; and furthermore that Arzicle 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 A.orney, are nov. in force. Signed and sealed at the County of Marin. Dated thelSth day of MARCH , 1~$ . 36071 1 -TA-f~81 - 1790 STATE OF CALIFORNIA) ) sso COUNTY OF SAN DIEGO) On this 16rh day of March ]988, before me, the undersigned, Notary Public in and for said State, personally appeared GUS 0ROZC0 and JAMES B. GARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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. ~ NotarT/ ~6blic~ for State of )OFFICtAL SEAL ~ California 1791 ,UAI( ~F CAt IfORNIAI COUNTY Or SAN OH. CO! II~-gASIS ~SFAFf~Y~WeEN~ TO ge THE .:~:d~b~/ .......... ~r _..~'_~]~_~c~ ...... A CORPORATION, file C08P~RATION l//AT E~CflTEO THE MITItlN INSTRIIMFNT AND KNOMN TO ~r TO DE T/IF PTRSON fIt0 EXECflTEO TIlE VITlIIN I~TRYMENT ON DEllMr OF S~ID S~ID CgRPgRATI~N DEINC KNOMN TO ~E TO RF A CENT'R~I PARTNER ~ ?~RTNERSItI?, HIE ?~RTNFRSItlP TIt~T LFECIITED TIll' VITItIN INSIRIIHENT AND ACKNOYIEDCED TO fie T//AT ,~llClt ?ARTHERS/tIP fJ'ECIIIED TIlE SAfiE, P[IRSU~NT TO ITS IN VITNFSS VftFRF~F I IMVf lIERE- . IINT~ S~'T M It~ND ~ND HTI,I'rD fit H~f~Hl~L SERE, IltE DAY ~ND MAR ,VAN) Cg/INTY AND STATE fin ~gSFNrE gF N~TA~IAI S/M, PI EASE rll/ IN INf'OR~A TIPN PRINCIPAl PLACE 0f' BIISINI,qS- f'RINI NA~E- STATE dr CAI tF~RNIM ] .~ $ C~UNTT OF SAN TIlT D~g~F--GATIS~CT~R~-EVIDE~CD W BE rife _=%.EL~?L:~Z'JJ~ ..... OF _+~=~_~'_~_~_~:: ..... J CgRPYRATION. TIlE CgRPgRATION T//AT I]TCllTED T/IF MITHIN INSTRIIhENT ANO KNgMN ZY ~' Tg BE fife PERSBN YltO O'KCllTIO HIE UlTItlN INSTRUHENT ON BEHALf ~r SAID SAID CORPdRATION BEINg NN~VN TO ME 10 BE A GENFRAI PARTNER Rr ~-._[JZ~_L~fC~Jcj~'C:~_iJ~~ A PARTNERSItlP, SAID PARINIRSItlP B~ING ~ PARTNE~SI/IP, ilfE PJRTNERS///P T/tJI E:I'ITI/TED THE MITIt/N/NSIRI/H(NT fi/&~l/~NT i6 ITS BY-LAYS. I/NT~ SZT NY HANP JNI) Ht'/,I'lP rr N~TARlJt Sf~I, THE par ~1) /N IHIE (IRT/f/CAIE rlRsi 1792 $l,{lt' Ilf EAI ITIIRNIM CgLINTY OF Mr/PIECOt o1~ flits ]~'E~ par pr 7~t~dk 19 ~ ~lr~Rr or mr SlCN[~, ~ NOTARr PIIBllC IN ANO fOR SAID C~llN[r gNO ,fTAll'. PEPSgN- aT _..~_~_~._. A CgRPgRAII~N, l/IF CYRP~RATIRN litAT EXECUTED TItF YlTItlN IN, fTRII~ENT AND NNgMN 1~ fie Tg BE TIff lqtO EJTC/ITED TIlE fIT//IN INSIRIIFlENT 0N HEllAll' ~F ,f~lP 5~I~ CgRPgRATIgN BEINC J~gMN T~ fie T~ BE J CENERM ?ARINfR J ?J~TNER$ItlP. TIlE PARTNER.f/lIP TItJr LrECIITED TIlE iqHtlN IN,~IRII~ENT AMP ACNNgYlEDClD TO rE TriAl .~/Clt PARTNIR$ItlP t,I'ICHTED TILE' ?IlR5UANT Tg Ir$ gr-lJM~f. IN vIIMESS VftFRFgF. I l/Aft ItlRE- IINTg ,VET fir ItlND AND Jff lJrD Hr NOMRIAI ,VEAl, TILE' DA r AND rt JR IN THIS CIRTIFICATE FIRST ABOVE fly COMMISSION EXPIRfS- Ni1TARr I'1/tt/IC IN ANI) flip ,qAIP CUYNTY ~A'D STATE fin ABSENEF ~f N~TARIAI ,~fAl, PllASE FIll IN INT~HATI~Az PRfNCIPAI PLACE OF BIZ~/NESS- PRINT ' 1793 STAT[ OF "~A~ IFORN/Ai COUNTY OF SAN DIEGO/ ON rills __1_6_~b__ UAY OF ___~_~_r_c_~_ ......./g__8_8, BEFORE HE THE SIGNED, A NOTARY PUBLIC IN AND FOR SAID COI/NTY ANO STATE, PERSON- ~'~4G~~ TO BE THE _~_~ ........ OF ~ ~.~.. ~.~ CORPORATION, THE CORPORATION THAT E~CUTED THE VITHIN INSTRUMENT AND KHOVN TO HE TO BE THE PERSON VHO EXECUTED THE VITHIH INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPOR~HON BEING KNOVN TO ME TO BE ~ C~NERAL P~RTNER OF ~_~_~_~_~DS~a_~_~ A PARTNERSHIP, SAID PARTNERSHIP BEING KNOfH TO HE TO BE A GENERAL PARTNER OF _~_~_~Y_h_~Y~_ ........... A PARTNERSHIP. THE PARTNERSHIP THAT EXECUTED THE MITHIN INSTRUHENT AND ACKNOVLEDGED TO HE THAT SUCH PARTNERSHIP E~CUTED THE SAME. PURSUANT TO ITS BY-LAMS. 1N VITNESS MHEREOF, I HAVE HERE- ~ UNTO SET NY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR ~ ~~ ~'~ IN THIS CERTIFICATE FIRST ABOVE VRITTEN. NT CONHISSIOH EXPIRES- NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ...... ~{~_ ............~_. TIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORMATION BELOM) PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- SM!L Pl CAI ItLIRNIAI COUNTr (1r ,fAN 01[C01 J~lb 7T]t~.~lo . 19~ B~roRr ~f IHE ON THIS ..........OAr Of .................. SIGNED. A NOTART PIIBLIC IN AND FOR SAID CfllINTF AND STATE, PERSI1N- AlL r APPEARED ~SJI_~LL~L~L~[~]~D~-L. hNOMN TO ~( tP9OVED-FO TIt&B46tS OF S~f/~'ACFO~Y E~qDtNCE) TO BE TIlE .~z:~'_~2/~/~/ ........ Or ~).~l~C3_~{~.~)_i~;' ~ CORPORAlInN, lt/E CORPORA/ION 11/~T L~'ECIfiFD IHE MITttIN INSIRII~NT AND ~'N~MN l~ fie TO DE T/IF PERSON ~'ltO [Xt GIftED file MI fitIN IN.~lXfffi{Xf 8N ~CItA~ E {1F S~ ID CDRPOR4 TIOX, 5AID CORPOraTION BEING ~HO~'N l~ fie TO BE A C~NERAI. PARTNF'R OF ~'-( '~Z~ Y4~'A[~UC''~ L li~ ~ P~RTNERSIIIP. S~10 P~Rf~ RSItIP BHNC ................ ~E~.=~ ~ P~RTNFRSItIP. file P~INER,qltlP TIMT E,I'~CUTfD rite MIfitlN IN51RII~TNT ~NO K~'OMIf~GEO 10 fie THaT SII~I P~RTNIRSHIP ZX~ClITED TIlE S~E, PURSUANT TO ITS BY-L~M5. IN FITNESS MHKREOF. I 114vf HIRE- UNTO S{T fir 1t4N~ ~NP 4FFIXED NOT~RI4L S~i. TIlE O~r ~ND IN fills CERTIFICATE FIRST ~BOVE ,~ID COIINTY 4ND STATE .......... ..... fin ~BSENCE 0F NOT~RML Sf4L, PLEASE FILl IN INFORH~TIE]N BELOMI PRINCIPAL PLACE OF BII, qlN{.qS- PRINT N4HE- SMTE HE C~Z IFDRNI~} C0UNTF OF ,~AN DIECOl OF,2~k~_LU_~ZJjZ~Z~CZ_, A Ct]RPORATION, TIlE COR~ORAIIOH ftt4t [Jl'CllTfO TIlE MITHIN INSTRI/~[NT ANO KNOVN 10 ~E I0 BE THE PERSON VttO ZJ'ECIITED IHE VIII/IN IA~fTRUHfNT ON BEltAlE' OF S~ID CORPORATION, SAID CORPORATION BilNC NNO~N TO HE 10 BE ~ CfNf'RA~ PARTNIR OF A PARTNERSlilY. TIlE PARINIRSItIP EftAT [.rECUTEO THE VlfillN IN,9IRUH~HT AND ~C~HOMZEDC~D TO ~[ lttZT ,fUCtt PZRTN~StlIP LrECLIT~D TIlE PIIRSIIA~T 1~ ITS IN VITHt,f,~ MItL~EOf'. I II~VE It[RE- UNTO SZT ~' ItAND ANt) Nf l.rLD ~' HOTARI~L ,gE~L. Itt[ DAY AHD ~'~R IN THIS C~RTIEICAIE fIRS1 ~BOVE ~~ VRIIIfN. fin AB,gIHC[ ~' HOTARIAI ,f[~[, Pf[ASE Eft[ IN [Nf'fIRHATION PRINCIPAL fiAC[ llf HIISIHISS- t'~INT N~HE- ~ Bond No. 11126950176 1795 SURVEY MONUMENT INSTALLATION BOND RANCH0 DEL SUR, a California KNOW ALL MEN BY THESE PRESENTS, That I/~e Genera] Partnership ......... as the subdivider and Principal, and the a Corporation of the State of NEW JERSEY , as Surety, are held ar firmly bound unto the City of Chula Vista, a municipal corporation, in tP County of San Diego, State of California, and to and for the benefit of and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of SEVEN IHOUSAND AND N0/]00 .................... ($7,000.00 ...... ) lawful money of the United States of A~nerica, to be paid the said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as RANCH0 DEL SUR UNII 4 ........ subdivision in the City of Chuia Vista, in accordance with the ContracZ for Completion of Improvements authorized by Resolution , and WHEREAS, the said Principal desires not to set durable monuanents 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 t Principal shall have set durable monuments of the survey by (name of , as per the final map.of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer ence to'which said map is hereby made and same is incorporated herein as 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 comple and acceptance of public improvements within said subdivision, then the obligation shall be void, othe~gise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto se their hands, this 15th day of MARCH , SEE ATTACHED (Principal) i ,' AgPROVED AS TO FORM: THE AMERICAN INSURANCE COMPANY ~ /"~ XzzZ-L', ure ,, ~. ,'~'~nA '~ Attorney- in-Fact y/torneyy Christ~e A. Paters0~ c i t ,, PW-E-34 1797 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 (Printe~, or typed Name) (Title} (Printed. or typeCt Name) (Title) '1798 BY: KG Otay Associates, Ltd., a California limited partnershit BY: WPK, Inc., general partner MATHE~ LOONIN (Printed or typed Name) (Title) BY: , . , (Prmnted or typed Name) (Ti~!c~ BY: , - , PrZnned or ~Mped Name) BY: CuShman Constzuction, Inc. (Printed or typed Name) (Title) 1799 BY: Mesa De! Oro Associates, a California general partnershl BY: Mesa Del Oro, Inc., general partner (Printed or typed Name) (Title) BY: Costa. Azul, Inc. , -( ' (Title) 1 00 GENERAL PO~'ER OF. A'r~rORNEY THE AMERICAN INSURANCE COMPANY KNOW ,~LL MEN BY THESE PRESENTS: That THE,AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the Slate 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. consmute and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally ~/'s truc 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 Corporalion thereby as fully and to the same extent as if such bonds were signed by lhe President. sealed with the corporate seal of the Corporation and duly 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. Section 30 and 31 of By-taws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII, Appointment tad Authority Assistant secretaries, end A ttoroey-in-Fact and Agents to ~ccept Legal Process tad 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 Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries end Attorneys-in-Fact to represent end 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 theix appointment, end 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 281h day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistam 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 any power of attorney. or on ans certificate relating thereto. by facsimile. and any power of axtorney. any revocation of any power of attorney. or certificate bearing such facsimile sig/mmre 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 ils Vice-President. and its corporate seal to be hereunto affixed this I 1 th day of Aug u s t 19 8 6 . 57JLT~ OF CAL~OP, NXA } CO~qTY OF ~ ss. Onthis ] 1 th dayof August 19 86 , before me personally came Richard Wi ] ] iarns to me known, who, being by me duly sworn, did depose and say': that he is Vice-President of THE AMERICAN INSURANC'~'C~M"~.NY. the Cot: poration described in and which executed the above instrument; that 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 thereto by like order. IN WITNESS WHEREOI;:. I have hereunto set my hand and al~xed my of~cial seal. lhe day and year herein first above wriuen. o , . SUSIE g. GILBERT == .'; --' · NOTARy PUBUC - CALIFORNIA r~PZcq~a Office in Mann County M .: y remission x;ires Nov. 17. 1988 .~lts,l, nlllslllllll,nllllllnlllnlsllllllnllenllllll,-' CERTIFICATE STATE OF CALIFORNT_3. COUNTy OF J~t~Iq 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 POWER OF ATTORNEY remains in lull force and has not been revoked; and furthermore thai Arlide VIII. tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board o[ Directors. set forth in Ihe Power of Anorney. are no~, in force. Signed and sealed at the County of Marin. Dated thelSth day of MARCH , 1~8 360~ ~ -TA-5~ 1801 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 0ROZC0 and 3AMES B. CAKTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the and A~i~t~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. ~ ; ,--::~:kS!;'?, .....' .......' 1803 S~T~ n~ C~I IfO~NIAI COUNTY Or SAN OilCOl YlC. NED, A NOTARY PIIB~IC IN ~ND fOR SAID ELNINTY ~NI) STATe, PERSON- ALLY APPEAR(D ~}~3~.,K~ ~Lx~i~_, ~NOVN TO ~E E]~CIIFED HIE 9lfitlN INSFRII~ENr AND KNOVN ~0 fie ~ BE file ~'tf0 EXECUFfD fife ~IfitlN IN,~IRUMENT ON BEltAIr OF SAID CORPORATION, SAID CO~PORAFION BEIN~ ~'NO~N ~0 fie TO BF A CE~FRAI PARFNfR OF A PARTNERSItlP TIlE PARTNER,~IflP friar [J'Ecur~n mE VIHIIN INSF~II~ENF ANO ACKNOY[EDGEO To fie fitAT SlICIt PARTNERSItlP EX(CllIEO HIE ,~A~E, PI/RSUANT TO ITS IN YITNF~S YftF~FO(, I HAVg UNTO S~'T fit llANO AND AfT IJTD DY NOTARIA~ ~TAI, lltE PAT AND IN TIllS C~RTIFICATE FIR,fT ABOII ..... MT COHMIKSION E~?IRL~- NfiIARY lWHI IC IN ANP fin AB.~ENCE OF NOTARIAI ,~EAI, fiFA,~E FIll IN INFORMATION PRINCIPAL P~ACE OF BI/,9INE,fS- f'RINT NAH~- STATE OF CA[ ff0RNIAI COUNTT OF ,fAN DIECOl OF _-~i:~_~'_~_~_~_: ..... A CORPQRATIQN, TIlE fi~RrOR~TIQN TH~T O~CIIFED fit[ VIFHIN INSFRI/HENT AND KNOVN 70 HF 1~ RE file VH0 EJ~CIIHD DIE VIIIfIN INSTRUHEN[ ON ~EIfAIF OF SAID CORPRRANON, SAID CO~PORA[ION REING SNR~N ~0 HE ~0 6E A GfNr~A~ ?ARTNf~ OF ~-:_.ccz~_~E~Sf_~Zz[&':~_zJ~', ~ PARTNFR,fUm, ,fAro PARIN[R,qltIP B~ INC ..... ~ ...................... ~'NOVN TO HE TO BE A ~FNfRAI PARTNER Of' ~{b 'q~[.~ l ('l <u-v , A PARTN[RSIIIP, rite ?ARIN[REItIP TItAI r.l'EfilHD TIfK MIIHIN IN, flRIIH[NT AND AFKNOVIED(fD TO HF IllAT ,fUrl/PARTNfRSftlP LI'I'EIII~D fitF 5AHF, fi}R,flIANT 1~ ITS BY-I AI',f. IN VITN~f.f MHfRFGr. I IfAVf It[RE- IINT~ SET Mr/lAND ANI) AITI.I'U] Mr' N~TARI~[ ,fill, file PJl' ZNP IN fltf,f F[RTff TC~TE fIRST ABOVE I'RIII[N. fit C~flHl,f,fl~ LIPIRIS- N~T~RY P/In/IC IN ANP fin ABSfNCE fir' NQIARIA/ SEA[, fiTAS[ Ill/IN INfOR~ATION PRINClPA/ fiat[ Or ~II, flNLfS- PRINT / 1803 SIAIE OF CAI IfORNIAI COUNTY OF ,rAN OIEF, OI SI~NED, ~ NOTARt PIIBIlC IN ~ND f'0~ S~lD COIlNIt ~NR ,~l~Z~', o,o~a v~ ~,,o, .................. (l TO B( HIE ...... Of _..~_~_~__. A CORPORATION, lltf CORPORAlION TIIAF El'Eel/FED HIE MITIIIN IN,~TRIININT AND KNOVN lO ~r TO BE lqtO fXFClIH'O HIE MIHtlN IN.~TRIhYCNT ON B~IfAU' OF ,~AID CORPORATION, ~OeN TO 0 BE A CfNER~ PARINE'R OF A PARTNKR,qIIIP, TIlE PAR~NFR,~IIIP TIfAT E,}'~CUTID HIE VlHtlN I~qlRIIHENT AND ACKNOIt~EDG~O TO ME H/AT ,glint PARIN~RSItlP E~t'CUTEB TIlE PIIRSUJNT TO ITS IN VITNE,q.~ VIIERrOr. I tt~'/ tINTO SET Mr NgNO JND HEIr'tO hr IN TIfI,~ CERTIFICAIf f'IRST VRITTEN. ' " ,r COMMISSION liPlEE,q- NtIIJRY P/ill/lC ............. ...... tIN AB,~FNCE OF N~TARIAI ,~fA~, P~A,~E TILl IN INTeI~HATION PRINClPJI P~JCE OF BII,~INE,~,~- PRINT - 1804 sTApl Or '~ I,sORNIA~ cOyNIl OF SAN OIEGOI ON THIS __~_~_~_~__ DAY OF ___~9I_~b_ ......./9__~_~, BEFORE HE TIlE UNDER- SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ALLY APPEARED __~_~_~b~_ ...... KNOYN TO HE ~'~4~.~6~ TO BE THE _~~_~ ........ Or.~,~ ~.~. ~.A CORPORATION, THE CORPORATION THAT E~[CUTED THE MITHIN INSTRUHENT AND KNOVN TO ME TO BE THE PERSON MHO EXECUTED THE WTHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING KNOVN TO HE TO BE A CENERAL PARTNER OF ~_~_~k~_~D?~.~_~, A PARTNERSHIP, SAID PARTNERSHIP BEING KNOVN TO HE TO BE A GENERAL PARTNER OF _~_~_~_~_~_ ........... A PARTNERSHIP, THE PARTN~SHIP THAT EXECUTED THE MITHIN INSTRUHENT AND AC~HOVLEDGED TO ME THAT SUCH PARTNERSHIP E~[CUTED THE SAME, PURSUANT TO ITS BY-LA~S.  O~H~L S~ IN Vl TN{SS MHEREOF, I HA VE HERE- AUCE L ANDERSON UNTO ET Mr H~ND AND AffIXED Mr NOTARIAL SEAL, THE DAY AND YEAR " -- ~ ' IN THIS CERTIFICATE FIRST ABOVE HT COHHISS/ON E~PIRES- NOTART PUSL lC IN AND FOR SAID COUNTY AND STATE ...... ~{~_ ............ HN ABSENCE OF NOTAR/AL SEAL, YLEASE FILL IN INFORNATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT MANE- ............................................... ', 1805 ',FlAIl ,7/i:Allttlk'Nl,~l COUNTV OF SA'N P//COI SIGNED, A NOTARY PUBLIC IN AND EOR SAID C(1UNIY ANO STATE, PERSON- l~$t~ OF S~t'tS~efO~f f~laf~] fO ~E flIT ,;~3;2('~Z'2t']E?,~ ....... aF I2~C2I Z3~2~_L ~Zz.~ ].z~' EL' ~ ~'~1'~ I I ~, l ttf CO~pO~ l l O~ l lt~ l [,r[clll[p Itt~ ~lfitlH lN,91~llffl~f ~p JNO~ I~ fie I~ ~E file $~10 CORPOraTION BEING ~'NOMN TO ~E TO BE ~ CEN[~t P~RTNER OF /<Z- ( '~ )~']Y..(,2L~ ~ L l i), ~ P~RTNERSItlP. ,~10 P~RT~ RSEtlP BEING ~ P~RTNFR,qttlP, TIlE PZRTNERSttlP TItAT E.I'ECIIIED TIlE MITItlN IN, fTRII~ENT ~NO ~CKNOVI~DC[D I0 fie TH~T SII~t P~RTNZRSttlP [XECUTED TIlE ,fZ~E, PURSUANT TO 1TS BT-L~MS. IN VlTNES$ VHEREOF. I tMV[ ItfRE- ~N[O S[T ~Y It~NO ~NO HFIX[O ~Y NOTARIAZ ,9E~[. HIE O~Y AND IN TIIIS C[RTIrlC~TE FIRST ~BOI'~ VRITIEN. ' ~Y CO~ISSIO~ ZJPIR[,~- I~'~Nn I S~10 COIINTV ~ND 5I~TE ............ ..... tIN ~8SFNCE OF NOTARI~I ,f~l, PI.[~,fE fIII IN INFt]R~TIi]N PRINCIPAL PLACE Of BIISINESS- PRINT N~E- STATE Of' C~Z IrORNI~I COHNTr OF ,9~N PIECOl SIGNED, ~ NBT~RT PUBL 1~ ~ ~NO fOR SAID COIINIY ~NO ,fT~TE, fiRSON- IPROVI~-ZO ~E ON~ · ttt~B~SI~-'OF-'S~FISFACTORY EVID~NCEI TO ~[ TttE LL~2~V;L{~Lz2L Of .~'t~z~iL ~" ~ CORPORATION. TIlE filRPOR~IION Ttt~T [~'iCllfEP TIlE M/THIN INSTRI}~FNT ~ND NNOVN lB ~E I0 BE THE PERSON VHO EXECIITED THE VITItIN INSTRUMENT BN BEIt~LF OF S~ID CORPDRATION, S~10 COat'ORATION BEING KNOMN TO ~E 10 BE ~ C~NERA~ P~RTN[R Of ~ P~RTNERSItlP. HfE PZRIN~R,fltlP fit~T [.t'EClITED THE MITItlN INSIRU~fNT ~NO K~OMIEDG[~ TO ~ [tt~T SUClt P~RTN[RSItlP t,I'ECUT~D file PIIRSII~NT 10 ITS IN VITNI,fS MitERTOE', I IDVE IttRE- NOTARI~[ ,~E~L, lift B~Y AND IN IHIS CtRTII IC~li f IR,gf ~B[1VE ~Y COmmiSSION/ZIPIRES- NBT~RV PIIIII IC IN AND fOR fIN ~B,gfNCE N NOT~RIZI Sf~L, fiEZ,fE FIll tN INIOR~ZTION OEtOV] PRINCIP~[ PL~C[ OF BIt,~INf,9S- PRINT .....