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HomeMy WebLinkAboutReso 1988-13545 1854 Revised 4/22/88 '(f) RESOLUTION NO. 13545 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 5, 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 Cnula Vista Tract 87-8, Rancho del Sur Phase 1 - Unit 5 and more particularly described as follows: Being a subdivision of a portion of Parcel 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: 93 No. of Units: 91 Area: 19.020 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: CRESCENT DRIVE, SUNBURST LANE, and MERIDIAN LANE and said streets are hereby declared to 0e public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of drainage, and street tree planting, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- 1855 BE IT FURTHER RESOLVED that said Council hereby accepts a fee interest in Lots L and M as shown on said map for open space, public utilities and other public uses. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 26th day of April , 1988, for the completion of improvements in said subdivision, a copy 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 r of'i.,. D. Richard Rudolf, Assistant City Attorney 4121a -2- 1856 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,;HULA VISTA, CALIFORNIA, this 26th d~/Of April 19 88 , by the following vote, to-wit: AYES: CouncilmembePs McCandliss, Nader, Cox, Moore NAYES: Counci 1 members None ABSTAIN: Counc i 1 members Malcolm ABSENT: Counci] members None '~ Chula Vista /'~ City 'Cjerk ~ ~ ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION NO. 13545 ,ond thor the some hos not been omended or repeoled. DATED ~7~///~,/(_~, CITY OF CHU Vi A CC-660 RECOR~ii~G, ~EQU~$'i'EO BY ~*,~LTO: < ~: ~' :~ 1809 Revised 2/26/88 TH~S AGReEmEnT, made and entered into this 26ch 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 5 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 2 8263 -1- 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 87-544 through 87-541, 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 SIX HUNDRED FORTY-ONE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS (~641,300.00). 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- - 1811 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 THREE HUNDRED TWENTY THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($320,650.00), 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 THREE HUNDRED TWENTY THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($320,650.00) 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 te 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. -3- 1812 B. A dual left turn lane configuration at the intersection of Telegraph Canyon Road and the northbound on ramp of 1-805. 11. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 12. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 13. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of tne work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 14. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement -4- 1813 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~T~~ OF C~LA VISTA SUBDIVIDER: RANCHO DEL SUR, yo~C a California General Partnership ~ By: GADCo Investment Partnership III, Ltd., MaYo~ c~ e Ci't hula a California limited partnership Vista By: Great American Development Company ATTE ~'y ~ By _ ity Clerk Lawrence A. Heff"r~fF (Printed or Typed Name) Approved as to form by Executive Vice President · I:l I.~ (Title) ~ ~' (~nted or Typed ~sme) Assistant Vice Presiden~ (Title) -5- 1814 BY: KG Otay Associates, Ltd. a California limited partnership By: WPK,~~ By: ~illi~'mr Patfi~ Kruer President By: GTK, Inc., general partner Ge6rge ~hd~a~ Kruer President By: , ., Mathew Ron~ld Loljnin President By: Guttman Construction, Inc., .~al Rafther By. ~~an ~President Mesa Del Oro Associates, a California general partnership By: Mesa Del Oro, Inc., general John ~q. ~/' / President ' (Attach Notary Acknowledgment) -6- -- 1815 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Unit Amount of Bond 5 ~320,650 00 Exhibit "Bn Improvement Security - Material and Labor: Unit Amount of Bond 5 $320,650.00 Exhibit "C" Improvement Security - Monuments: Unit Amount of Bond 5 $7,000.00 Securities approved as to form and amount by > ~ C'ty Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 3825a -7- 1816 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 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 Presiden~ 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. ~c ~ r  ~R~S KOH~ Notary Pub|tc~a|iforn~ SPATE OF 'CAL IFORNIAI COUNTY OF SAN DIECOl uN THIS _L ...... DAY OF __~__t~__~_ ...... I9_~_~. BEFORE HE TIle UNDER- SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ALl Y APPEARED _~_,_L~,_~_,~__~_~__'E~t__c~__~____g-2,'Z~_ KNO~/N TO fie [?RQ~D TO KE ~,~ EXECUTED THE VITftlN INSTRU~ENT AND KNOWN TO fie TO BE THE PERSON VHO EXECUTED THE VITHIN INSTRUMENT ON BEItlLF OF S~ID CORPORATION, KNO ~ TO fie TO BE A GENERAL PARTNER OF ~_~__~_._~__~ .... A PARTNERSHIP, TttE PARTNERSHIP THAT EXECUTED rite MITHIN INSTRU~ENT AND ACKNO~{EDCED TO ~E THAT SU~ PARTNERSHIP EXECUTED THE SANE, PURSUANT TO ITS BFLAMS. IN ~1TNESS MHEREOF, I HA VE HERE- UNTO SET HY HAND ANO AFFIXED NY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIF[C~TE FIRST ABOVE VRITTEN. N~ COHHISSION EXPIRES- SAlD COUNTY AND STATE .................... HN ~BSENCE OF NOT~RI~L SEAL, PLEASE FILL IN INFORNITION BELOV] PRINCIPAL PLACE OF BUSINESS- PRINT NANE- _~_~D~_S_~D~ ........ ~_~ ............ STATE OF CALIFORNIAI COUNTK OF S~N SIGNED, ~ NOTARY PUBLIC IN IND FOR SAID COUNTY AND STITE, PERSON- ALL Y APPEARED ~_~_~_~k~ KNOVN TO ~_~_ THE ~i~ OF SATIS,~CTORY EVIDE~ICE] TO BE THE OF _~_~_~_~ ..... ~ CORPORATION, THE CORPORATION THaT E~[CUTED THE VITHIN [NSTRUNENT ~ND KNOVN TO HE TO BE THE PERSON VHO EXECUTED THE VITHIN INSTRUNENT ON BEHALF OF S~ID CORPORATION, SlID CORPORATION BEING KNOVN TO HE TO BE ~ GENERIL P~RTNER OF --~~e~'~_~~ ~ PARTNERSHIP, S~ID PARTNERSHIP BEING KNOWN TO HE TO BE ~ GENERAL P~RTNER OF _~_~__~_~ .... ~ PARTNERSHIP. THE PIRTNERSItlP THaT EXECUTED THE ~ITHIN INSTRUNENT AND ~C~HOV{EDGED TO HE THAT SUCH P~RTNERSHIP EXECUTED TIlE PURSUINT TO ITS IN VITNESS UItEREOF, [ If~VE HERE- UNTO SET HY HAND AND ~FFIXED MY NOTARIAL SE~{, 7HE D~Y ~ND IN THIS CERTIFICATE FIRST ABOVE %~R I T TEN. HY CO~HISSION EXPIRES- NO SAIO COUNTY ANO STATE ...... ~.~__~ ......... lg_~ HN ABSENCE OF NOTA~IAL SEAL, PLEASE FILL IN INFORNATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- _~-~_~D_~_~DE~ ........... ~_:D~ ............. /~ ~' ~/~ S/ATE OF 'CALIFORNIA/ COUNT~ Of SAN D/EGO/ SIGNEO, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ~LLY APPEARED L~_~_~__~__~__~o_~__~_~__L~_~j_~, KNOMN TO RE [PROVED TO tIE ON THE eASIS OF S~TtSFACTORY EVIDENCE) ro BE THE _~~_ ..... OF _~_~__1~ ...... A CORPORATION, rile CORPORATION THAT EXECUTEO THE UITttlN INSTRUHENT AND KNOYN TO NE TO BE THE PERSON ~HO EXECUTED THE YlTHIN INSIRU~ENT ON BEHALF OF SAID CORPORITION, BEING~ KNOMN TO HE TO BE A GENERAL PARTNER OF _~_~__~__~_~ ...... ~ PARTNERSHIP, THE P~RTNERSHIP TII~T EXECUTED THE MITHIN INSTRUNENr IND ACKNOMLEDCEB TO ~E rH~T SU~ P~RTNERSHIP EXECUTED THE PURSUANT TO ITS BT-LAMS, IN MtTNESS MHEREOF, I H~VE HERE- UNTO SET H~ HAND ~ND AFFIXED H~ NOTIRIAL SE~L, THE B~ Y AND TEaR MRITTEN. NY COH~ISSION EXPIRES- SAID COUNTY AND STATE .... _~_~_~ ......... I9__D.~ r[N ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORHATION BELOM] PRINCIPAL PLACE OF BUSINESS- PRINT NA~E- ........ ............ STATE OF CAL IFORNIAI COUNTY OF SAN DIEGO} ON THIS ~ DAY OF ................ THEBASIS OF SITISFACTORY EVIDENCE] TO BE THE _.~_~.~_~ ..... .............. ~ ...... A CORPORATION, THE CORPORATION THgT EXECUTED THE MITHIN INSTRUHENT AND KNOMN TO HE TO BE THE PERSON MHO EXECliTEO THE MITHIN INSTRUHENT ON BEHALF OF SAID CORPORATION, ........ L~ .... A PARTNERSHIP, SAID PARTNERSHIP BEING ~OMN TO HE m BE A GENERAL PARTNER OF _~__~__~ ...... ~ PARTNERSHIP, THE P~RTNERSHIP THAT EXECUTED THE ~ITHIN INSTRUNENT IND ~C~OMLEDCEB TO HE THAT SUCH PIRTNERSHIP EXECUTED THE PURSUANT TO ITS IN MITNESS MHEREOF, [ HAVE H~E- UNTO SET ~ HAND AND AFFIXED HY NOT~RIIL SE~L, THE D~ Y ~NB I'E~R IN THTS CERTIFICATE FIRST ABOVE ~ I T TEN. Mr COHHISSION EXPIRES- 8~I0 COUNTY AND STATE ..... ~__~ ......... I9__J~ [IN ~BSENCE OF NOTIRIAL SE~L, PLEASE FILL IN INFORHATION BELOK) PRINCIPAL PLACE OF BUSINESS- PRINT NAHE- - - 1o1~ STATE OF. CALIFORNIA/ COUNTY OF SAN DIEt01 aN THIS ....... DAY OF 1~_~___~_~_ ...... lg~_~, BEFORE ME THE UNDER- OF ~_~_s_~__~-__~k__o__Lw_~__, A CORPORATION, THE CORPORATION THaT EXECUTED THE MITHIN INSTRUMENT ANO KNOMN TO ME TO BE THE PERSON MHO EXECUTED THE MITHIN INSTRUMENT ON BEItALF OF S~I0 CgRPORATION, SAID CORPORATION BEINC KNOMN TO ~E TO BE ~ CLNERAL PARTNER OF ~ ~O~ ~~ , ~ PARTNERS~ P, S~ID PARTNERSHIP BEINC ~'~'~'~'{~'~'PARTNER OF _~___~__~_~ ...... ~ PARTNERSHIP, THE P~RTNERSHIP THAT EXECUTED THE MITHIN INSTRUMENT ~ND ~CKNOMLEDCED TO HE THaT SU~ PARTNERSHIP EXECUTED THE PURSUANT TO ITS BY-LA~S. tN MITNESS MHEREOF, I H~VE HERE- UNTO SET NY HAND AND AFFIXED NY NOTARIAL SEAL, THE DAY AND FEAR IN THIS CERTIFICATE FIRST ABOVE MR I T TEH. ~ ' ~Y COH~ISSION EXPIRES- SAID COUNTY AND STATE ...... ~_~_ ......... 19__~ TIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORHATION aELOM) PRINCIPAL PLACE OF BUSINESS- PRINT NANE- STATE OF CALIFORNIA) COUNTY OF SAN OIECO} ON THIS _l_~_~ DAr OF _~_~ ..... IgOr, BEFORE HE TIlE UN9E~- SIGNED, A NOTAR~ PUBLIC IN AND FOR SAID COUNTF AN9 STATE, PERSON- ALLY APPEARED ~_~~_~KNO~N TO NE (PROVED TO NE ON THE BASIS OE SATISFACTORY EVIDENCE] TO BE THE _~_~'~1 ....... OF~_C~_~_I~_~___, A CORPORATION, THE CORPORATION THAT EXECUTED THE ~ITHIN INSTRUNENT AND KNOUN TO NE TO BE THE PERSON VHO EXECUTED THE ~ITHIN IN~TRUNENT ON BEHALF OF SAID CORPORATION, SAID COR~ ~ATION BE ~ KNOWN ~ NE TO BE A ~ENERAL PARTNER OF _~_~_~Y~ A PARTNERSIF, SAID PARTNERSHIP BEIN9 KNOWN TO ~E TO ~E ~ CENER~L PARTNER OF ___~___~_~__~_~ .... A PARTNERSttIP, THE PARTNERSHIP THAT EXECUTED THE ~ITHIN INSTRUNENT AN9 ACKNO~LEDQE9 TO HE THAT SUCH PARTNERSHIP EXECUTED THE SANE, PURSUANT TO IT~ IN ~ITNE~S ~HEREOF, I HAVE HERE- uNTO SET ~ HAND AN9 AFFIXED ~ NOTARIAL SEAL, THE 9A Y AN9 YEAR IN THIS CERTIFICATE FIRST ABOVE M~ I T TEN. ~ CON~IS~ION EXPIRES- ~ SAID COUNTF AN9 STATE .... ~_~ ........... ~__~ (IN ABKENCE OF NOTARIAL SEAL, PLEASE FIIL IN INFORNATION ~ELOV] PRINCIPAL PLACE OF BUGINESS- PRINT NANE- Bond No. 11126950184 BOND FOR FAITHFUL PEP~FORMANCE W~HEP~EAS, The City Council of t~e City of Chula Vista, State of California, and .RANC~O DEL 'SUR, a California General 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 5 ............ , 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 stun of THREE HUNDRED TWENTY THOUSAND 5IX HUNDRED FIFTY AND N0/]00 ................ dollars ($320,650.00 ........... ) lawful money of the United States, for the payment of which sura 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 agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on MARCH 15 , 1~8 SEE ATTACHED THE AMERICAN INSURANCE COMPANY Christine A. Paterson Attorney- I n- Fact Contractor Surety APPROVED AS TO FORM: ~ ._~ ~ torny~ ~' STATE OF CALl FORNIA ss · COUNTY OF San Di ego On this !5th day of March , in the year _ 3.988 , before me, the undersigned No;tar . Publ'c, ' and for the State of California, personally appeared Chr~s~ne ~. ~aterson 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 ~ T~m ~xprre,~oy12, 1989 Given under my hand and the Notary Seal this 15th day of ~ A.D. 19 ~8 My Commission expires ICW Cal 335R(04/~6) 1822 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 ~Printed or typed Name) (Tiv_le) 1823 BY: KG Otay Associates, Ltd., a California limited partnership BY: , . , MATHEW LOONI~ (Printed or typed Name) (Title) BY: , . , (Printed or ~ped Name) (Title) (PrLn~ed or t~ped Name) G~ttman ConsLruetLon, ~enera art e~ BY: (Printed or typed Name) (Tin!e) 1824 BY: Mesa Del Oro Associates, a California general partnershi BY: Mesa Del Oro, Inc., (Printed or typed Name) (Title) BY: Costa Azul, Inc. , general partner Printed or typed Name) Title) ArrOnSEV , 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 severally its truc and lawful Attorncy(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(sl-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 rill, Appointment tad Authority Assistant secretaries, tad Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. S~'tion 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 behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment. and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 281h day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may b~ affixed or printed on any power of attorney. on any' revocation of any power of attorney. or on any certificate relating thereto. hy facsimile, and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall bc 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 11 t h day of Aug u 5 t 19 8 6 THE AMERICAN INSURANCE COMPANY ST. ATE OF CJLLIFORNLA C'OUNT~OFNLAKIN as. Onthis 11 th dayof August , 19 86 , beforemepersonallycame Richard Wil 1 iams to me known. who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURA. NCE COMPANY, the Car: potation 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 Iherelo by like order. IN WITNESS WHEREOI;:. I have hereunto set my hand and affixed my official seal. the day and year herein first above writlen. ! OFFICIAL SEAL $UqE K. GILBERT NO ARY PUBUC - CALIFORNIA No,at) Pubhc P T 0 nnc~al ffke in Marin County = My Commission/xr, ie~s Not 17, 1988 ~..elnnsnelzuzielelaielenmaueeneteesnene.llaeenen~ CERTIFICATE STATE OF CALIFORNIA COUFrYOFMABIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCF COMPANY, a NFW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached PO~,'ER OF ATTORNEY remains jn fuji force and has not been revoked; and furthermore that ArlicJe VIii, Sec- tions 30 and 31 of the Bydaws of the Corporation, and the Resolution of the Board o[ Directors, set Iorth in the Power of Attorney, are now jn force. Signed and sealed at the County of Marin. Dated the 15th day of MARCH , 198. - 3~0711 -TA-5-81 1826 STATE OF CALIFORNIA) ) sso COUNTY OF SAN DIEGO) On this 16r. h day of March 1988, before me, the undersigned, Notary Public in and for said State, personally appeared GUS OROZCO and JAMES B. CARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the vio~ Pr~ident and A~stant Vice President Of GREAT AMERICAN DEVELOPMENT COMPANY, the corporation that executed the within instrument, such corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of GADCo INVESTMENT PARTNERSHIP III, LTD., the partnership that executed the within instrument, such partnership being personally known to me to be one of the general partners of RANCHO DEL SUR, the partnership that executed the within instrument and acknowledged to me that GREAT AMERICAN DEVELOPMENT COMPANY executed the within instrument as the general partner of GADCo INVESTMENT PARTNERSItIP 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/ Publt~ for State of  OFRCIAE~'~~'~S~AL California F,~"' ".. KR!S KOH~ MV p 'ran1 ExD 'ufl~ 1 1"90 X~ MV ~ ,VI~TE OF C,{/ CO~VTY or ,FA~ ,flOrID. ~ NOMRf P//B~IC I~ ~0 ~0~ ~1/~ ~II1~1~' ~/) .FI~IE, P[~.f(lN- ar ___[~r%_~=.~C- ......~ ca~/a., 'mr c~}~ub}~ fii{' ..... ~0 ACKNOMI[BGED ~0 fie [1t~ .fll~t PA~TN[~.fHIP [J'[C/II[B file PURSUANT TO ITS IN VITNr,F.V VHrREdL I II~V~ IINTO SET MT HAND ~HD AF/I~TD MY NOTARIAZ ,q~AI, /lIE OAF AND /N lltl,~ C~RTIF/CATE FIR,~T ABOVE NT COHHISSIRN E~PIRLF '~ TAR I'l tH IC IN ,q~ll) C0IINTY ~Nig STATE ........... ..... fin ~BSENCE OF NOTARIAI ,Vr~l, PIEA,qE rill IN/Nr~RnArlnN PRINCIPA~ PLACE 0f' BII,~IN&vS- /'RIN/ NgHE- STATE OE CALIrORNIA/ COUNH' OF SAN OIEC0/ ~r __~_~'_~_~_~2L ..... A C~RP~ATION, TIlE CtlRPORATInN r//~r ~J'ECU/EO TIlE MITHIN IN, qTR/INENT AND KNOVN 10 HE I~ RE fife PER,~ON MHO EXEClITED file MITfflN IN,~TRIINENT ON BEIMIF 0F ,~10 C0RPRR~TION, ~I0 CORPOR~HON BEING NNOMN TO HE TO 0~ ~ CFN/RA~ P~RTNIR ~ P~RTNERSItlP. file PARTN~R.qlIIP TIMr LN'ECHT/B TIfE M/THIN ~NR ~F~OVlEOC~D TO HE/I/AT .~UC/f PARTN~R,~/fiP E.{t'C/I/~D TItF PIIR,VIIANT TO ITS 8Y-lA4'.f. IN UITNE,f.f UtTERrOT, I/t~vr I/~Rr- IINTR SET MY/lAND AND AIf I. I~D NOT~RI~I .Vf~I, l/IF DA r ~NI} THR IN THI,V C[RTIIICATE FIRST MY C~MMIS,flON [.IPl~,f- NRTARI' PII~/ IC IN ANI) fOR fIN ABSINCE ~f' N~TARIAI ST,l/. ~KA,fE HII /N INI~R~ATI~N PRINCIPAl ?lACf ~F ~I/.flNI,fS- /'R/NT NA~E'- 1828 5I,UE ill CA/IEORNIAt COUNIY Of 5AN DIECOl SI~NED. A NOTARY PIIBLIC IN ANO FOR SAID COIINTY ANO STALE, PERSON- All Y APPEARED ~~.{~{~_, hNO~N 10 HE IPDO~9~D OT _..~_k_~_L, A CORPORAl/ON, l/IF CORPORAlION HtAT (~ICUFEO life P/THIN INSFRIIHfNT AN9 NNO~N ~0 ~' lO VHO EXECUTED TIlE VITIHN I~TRlh~ENT ON BOfA~F OF SAIB CORPORATION, EA/B CORPORATION BEIN~ ~OXN TO BE TO BE A rENfRAL PA~INiR ~ PIRTNERSItlP, [)tF P~RTNERsItlP TIMf I'.I'ECIII[~ HIE PURSUINT TO ITS IN ~IINES,~ ~ItEREOf, I IMVE IN 11115 CERTIFICATE FIR,~T ABOVE , S~/B FOUNTF ~NB HN ~B$ENCF OF NOHRI~I S[~[. HHSE F/~l /N 1NFdRB~/ON FR[NCIH~ PLACE OF 8//,~/NESS- PRlN~ 1829 .................. STA~' O/~?XL~/FORNh~ " COUNTY OF SAN DIECO! ON THIS __L~5_~__ DAY OF ___~_~EEb ........19__~_~. BEFORE ME THE UNDER- SICNEDo A NOTARY PUBLIC IN AND FOR SAID COllAITY AND STATE, PERSON- ALL Y APPEARED __~__k_~_~__~__~__k~ ....... KNOMN TO ME '- OF ~m~m Cnn.~t,~. Tn~..A CORPORATIONo THE CORPORATION THAT E~'CUTEO TIlE MITHIN INSTRUMENT AND KNOMN TO ME TO BE THE PERSON MHO EXECUTEO THE FITHIM INSTRUMENT ON BEHALF OF SAID CORPORATION, SA[B CORPORATION BEINC KNOWN TO ME TO BE A &ENERAL PARTNER OF _~__~__~k_~___k_~_~_~S~k__~_~_~_,_~__~, A PARTNERSHIP, SAID PARTNERSHIP BEINC KNOFN TO ME TO BE A C. ENERAL PARTNER OF __Ek_~__~_~9_~E~__~_~_~ ............ A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTEO THE MITHIN INSTRUMENT AND ACKNOMLEDCED TO ME THAT SUCH PARTNERSHIP Ek~'CUTED THE SAME, PURSUANT TO ITS BY-LAMS. IN VITNESS MHEREOF, I HAVE HERE- UNTO SET MY HAND AND AFFI,~'ED NY NOTARIAL SEAL, THE DAY AND TEAR IN THIS CERTIFICATE FIRST ABOVE Mr COMMISSION E~'PIRES- NOTAR)' PUBLIC IN AND FOR SAID COUNTY AND STATE ...... _~L_~a ............. fIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORMATION BELOM] PRINCIPAL PL ACE OF BUSINESS- PRINT NAME- -' 183,0 MAtE Or CA//tORN/A/ I ~.~ COUNIY OF SAN OIECOI SI~NEO, A NOTARE PUBliC IN AND EOR ,fAIQ CtllIND' AND STALE. PERSON- or ]f~tq~pJ3~2~4~ A CORPORATION, tttE CORPORATION It/AT EJECIITEO TIlE MITHIN INSIRIIMtNT ANO ~OVN lO NF TO RE HIE PERSON lqlO EXECIIT[O TIlE MITItIN I~IRtbYENT ON 8EItAU' OF SAIO CORPORATION. A PARTNTRSItlP, HIE PARTNERSItlP TItAT [.I'ECUTED TIfF VIIitiN I~IRII~[NT ANO ACNNOlqEBGEO TO fie THAT SIl~t PARTNERSItlP EJ'FCUTEO TIlE SAflE, PURSUANT TO ITS IN UITNESS MHEREOF. I IIAVE It~RE- UNTO SET fly IfANO ANB AFFIJTD fly NOTARIAL S~AI, TIlE BAY ANO ~EAR IN TIllS CERTIFICATE FIRST fly COfl~ISSION EJTIRL~- N~llARY I'llIll IC IN ANI) SAID COUNTY ANQ STATE UN ABSFNCF OF NOTARIA[ SEA[, PLEAqE FILl IN INFOk'~ATION PRINCIPAL PLACE OF BUSINESS- PRINT NA~E- SIA TE Of CAI IFORNIAI CO~NH' Of SAN OlECOI SIGNED, A NOTARY PUBliC IN ANO FOR SAIO COUNTY ANI) STATE. PtRSON- at/r APeE~R~ ~_~LmL~:JYZ~t~I~'~ KN~'N TO ME IPROVED-TO~'-ON 'T1~-BASlS-OF~ATt~F~CEORE fVIBENCE] TO BE TIlE L:~-L,~LUL ........ :' OF ,~C'~ZI)~J~ ~ TL_ . ~ CORPORATION. TIlE CORP ORA l I ON TItA T EJ'FCUTEB TIlE VITItIN IN,~T~IINFNT ANB KNOVN TO NE IR BE TIlE PERSON ~It0 EJ[CHTEB TIlE MITHIN I~TRUNENT ON BEItALF OF SAIB CORPORATION. S~I0 CORPORATION 8EINC NNOMN TO ~E 10 BE I C[NtRAL PARTNtR OF A PARTNERSItlP. TIlE PARINIR~ItIP TIfAT FJ[CHTEB TIlE MIHtIN [NSIRII~ENT AND ACAHOVLEDC[O TO ME THAT SUCIf PARTNERSItIP L~FCIIT~D TIlE SAM[, PIlRSUANT lO ITS 8Y-LAI'S. IN VlTNFSS VItFRFOF, I ItAVE II[RE- UNTO SIT 6~' ItAND ANI] AIELFtB NY NOTARIAI SFAI, TItF OAF AAq) IN TIllS C~RTIf lCATE FIRST ABOVE , fIN ABSSNCf OF NOTARIAS SEAl, rf[ASE FIll IN INInR~ATION PRINCIPA[ TLACL OE BIISINL~S- PRINT NA~E- Bond No. 11126950184 1831 BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula ] f Vista, State of California, and RANCH0 DEL SUR, a Ca i 0rnia 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 5 ....... , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of tae aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum ofTHREE HUNDRED TWENTY THOUSAND SIX HUNDRED FIFTY AND N0/]00 ............ dollars ($ 32U,.6bU.UU ...... ), 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. 1832 -2- The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreennent 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 instru/nent 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-Fact Contractor Surety APPROVED AS TO FOP~M: Lp~W_E _ 73'4C1~~~''~ STATE OF CALl FORNIA sS earl988 COUNTY OF San Dieg0~ on this 15th day of ~Narch , in the y , before me, the undersigned Notar Public, in and for the State of California, personally appeared Chris~'ne A. Paterson personally known to me (or proven to me on the basis of satisfactory :~~~'~.~??~I~E'~ evidence) to be the person who executed the written instrument as Attorney- ~ 2~.~ ~ANDRb~ ~RIIIFS[~N~ In-Fact on behalf of the Corporation therein named and acknowledged to me :' ,~t> i~L~! :, ~ that the Corporation executed it. .... ' Given under my hand and the Notary Seal this 15th day of March A.D. 19 88 My Commission expires ' ~l~otary PubTi'~' ~ Cal 315R(04/86) 1833 DEVELOPER RANCHO DEL SUR, a California General Partnership GADCo Investment Partnership Iii, Ltd. a California limited partnership BY: Great American Deve!oDment Company, a California Corporation BY: ( PrinterS. or t~yype~dCOName ) BY:~~, ~ ' (Printed or ~ype~ Name) (TiUls) -, ": -, I834 BY: KG Otay Associates, Ltd., a California limited partnershz BY: , . , 3 Printed or typed Name~ · (Title) \ · .. (Pr'inted or typed N~e) (Title) (Printed or t~"~d Name) (Title) BY: Guttman Construction, Inc. (Printed or typed Name) (Title) 1835 BY: Mesa Del Oro Associates, a California general partnersh BY: Mesa Del Oro, Inc., (Printed or typed Name) (Title) BY: Costa Azul, Tnc. , eTe a ar n r (Printed or typed Name) (Title) PO~rTR OF A'r~o~r~v THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing und;r 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, constunic and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally ,is true and lawful Attorucy(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 thal the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 3l of By-laws of THE AMERICAN iNSURANCE COMPANY nov,' in full force and effect. "Article Vlll, Appointment t~d A ut~odty Assistant secretaries, and A ttorney-in-Fact and Agents to accept Legal Process ~nd Make Appearances. Section 30, Appoiatmeot. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President. may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby,may be revoked at any time by the Board of Directors or by any penon empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on an) certificate relating thereto. by facsimile. and any power of attorney. any revocation of any power of ittorney. or certificale 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 I~resents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this I I th day of Au 9 n 5 t 19 8 6 THE AMERICAN INSURANCECOMPANY STATE OF CALIFORNIA } COUNTY OF ]~ Onthis I 1 th dayof August , 19 8~6 , before me personally came Richard Wi ] 1 tams to me known, who. being by me duly sworn, did depose and say: that he is Vice-Presidem of THE AMERICAN INSURANCE COMPANY, Ihe 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 writlea. .~ SUSIE K. GILBERT i .-  NOTARY PUEguC - CALIFORNIA ~ , My Commiu~on Ex;ires Nor. 17. 1988 STATT OF CALI!=ORNIA } COUNTY OF MAieUlq ~s. 1. 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 full force and has not been revoked; and furthermore that Article VIII. Sec- tions 30 and 31 of the By-laws of the Corporation. and the Resolution of the Board of Directors. set forlh in the Power of Attorney, are nob in force. Slgned and sealed at the County of Earln. Bated the 15th day of lvIARCH · 360711 -TA~5-81 1837 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 JAi~ES B. GARTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the we~ Pr~dent and A~tan~ 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~blid for State of l"' ~ K~ ~ ~<CH~'i California -- 1838 5'IAII' Of CAI ITllRNIAI c~u,~lr Dr SAN ~I~COI a, ..s_ Or .... lI, t' SIC. NEO. ~ NOT~Rr PtlB~ IC IN ANO TON 5~1D CtNINZr AND STATe'. PIRSON- E~CIITEO lltE MINtIN I~qTRIlN~NT ANO ~NOMN TO ME TO B~ THE VHO EXECUTED HIE MITItlN I~TRIh~ENT ON BEIt~ff' gr s~10 CORPORATION, SAID CORPORATION BEING KNOVN 10 ME TO BE A CENTRal PARINTR OF J~z~ql~ {~'b~-~J~l ~ ~ PARTNERSStir, SAID RARTNERSIt1P BEINC A PARTNERSItIP, TIlE PARTNERSlilT TIf~T E, rECHT~D file VITItIN IN,~TRIINENT AND ACKHOM[EDCED TO ~' TItAT S110t PARTNERSItIP ~X~CUTED TIlE ,~ANE, PEIRSUANT TO ITS IN MITNESS MHFREOF I ItAVE It~RE- SINTO SET ~ llANO AND AFHXEB NY NOTARIAL S~A[, IItE BAY AND IN fitIS C~RTIFICATE FIRST NY COHNISSlON EJPIRES- NIITARr PIIYl IC IN ANt) fOR SAID COI/NTr ANP STATE fin ABSENCE ~F NOTARIAL SIA~. P~EASE FiLl IN INFORNATION BFfOVI PRINCIPAL r~ACE OF BIZ~INFS.~- PRINT STATE Of CAL IFORNIAI COMNlr OF SAN DIECOl flf~OA~II~i ~ VIDt'NCEI TO UE TIlE _.~,~_~fJ_~_ ..... OF __C~_~'_~_~_~2~ ..... ~ CORPORATION, TIlE CORPORATION TIt~T I&'ECUTEB THE MITHIN INSTRI/~ENT AND KNOMN lO HE TO BE TIlE PERSON YltO EJ[CYTIO TIlE VIT/tlN IN,~TRUffENT ON BEItAIF OF ,~10 CORPORATION, ,fAlP CORPORATION BEINC KNOUN TO HE TO gE ~ ClNIRAI PARTNIR ~-..Z~Z~LEz~_~X~L'~'.~_IJ~~ ~ PARTNERSItlP, ,~AlP PARINIRSftlP BIlNC J~OMN TO HE TO BE ~ KENEKe/ PARTNER OF .~E~l.]CLJ_~fl_~C~:~ ~ PARTNIR,~IfIP, TIlE PARINIR,fItIP TItAI F.I'I'CHTEB TIlE MIll/IN IN, flRIIH~T ANP AC~'NOlq EPClP TO ~E TItA T SUClt PARfNERSIflP l,l[C~llB l/IF PIIRSII/NT lO ITS IN UITNIS,~ M/fERFOF, I t/AVE I/fRE- I/NTO SIT ~' If~ND ~ND MII,tIB ~' NOTARIAI SLY/, l/IF PAl' ANP IN THI,f CIRTIt lCATE fIRST AYOVE fir CONNI,fSION I.I~IRtS- ~RI' P//~I IC IN AND fOR fin ABSfNC~ fir N~IARIAI SEAl, PLEASE fill IN lJqORHATfON ~flQMl P~INCIPA/ rlACl dr 8II,~INISS- t'~INI 1839 S/AlE fir cA/ CL?//NIY OF .9,(H PIEr, O/ Sl.rA~EP. /l AXOT/l/?r P//Bl IC IA/ /l/VP T'O/~ .cA//) C(ll/AXTI' /lAx/,' "Cl/II~", PIrR,gOAX- ....... ~,~.-. ~- 3,(T/SF,.",,~,~g,,",~ T~'/.,~,~'A/C.~'/ TO/TT TIll' . ...... EJ'ECl/TF/) l/tF I/I T/tlAx IAx"CTRIIMf AxT ~/~ E,rt'C//T~'O l/IT Ix/T/t/A//AX"Cl/?//~YEA/T S/I/i) CLT/?PO~fTIOAx t?EIAxC, 47V~Ax TO fE TO fIE/l C, EA/FR/I/. P/IRTAxfR or /TAll?/lCA'A'Oi~/.EI]C, E O /'/) ~c~' THAT "C/IC// P,(R IAx(,f~gHI P ~r,rl! C// T£/) T//E .FAME. PL//~c//A/VT TO Ir,f BI'-ZAI/S. IA/ I/II'AxLr,9.5' I/H/~RFOF I/IAFZ" I/t/1~ ,f'Er fir/t/lh'l) AA'/) ~F/ I,t'I'O IA/ TIllS CF, A'TIFICAIE FIR,gT /'A'/~V~//'AZ /'/. Art Of/]//"C//V_f,~,f- - ,, 1840 STAr{ d/'?~L iFORN>;U COdNTr OF SAN VIECO! ON THIS _l_6_t_h__ DAY OF ___N_aE_c_h_ .......19__8_8, BEFORE ME THE UNDER- SIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSON- ALLY APPEARED __a__~_C_~__g~___~q__~_~_ ......KNO~'N TO/~E r-l,"C---g,~'6=8t;=------------------~d46~=#~ltgag~t TO BE THE __P_Eg_s._i_d_e_n_t_ ........ aF Ggty. mam C. cmst:..,_ Tnc..A CORPORATION, THE CORPORATION THAT EXECUTED THE I/I THIN INSTRUh'ENT ANU KNOt/N Ta HE Tg BE THE PERSON k'HO EXECUTED THE IIITHIN INSTRUIIENF aN BEHALF OF SAID CORPORATION, SAIO CORPORATION BEINC KNOItN TO HE TO BE A GENERAL PARTNER OF _I(___~__O_T_A_Y___.3_S_S_O_C_~_A__T_E_S.,__L_T__D, A PARTNERSHIP, SAID P~RrNERSHIP BEINC KNOMN TO HE ro BE A CENERAL PARTNER OF __R_a_N__C_H_O__D_E_L___S_U_R_ ........... A PARTNERSHIP, rile PARTNERSHIP THAT EXECUTED THE MITHIN INSTRUtlENT AND ACNNOVLEDGED TO HE THAT SUCH PARTNERSHIP E~TCUTED THE SANE, IN VlTNESS IIHEREOF, I HAVE HERE- UNTO SET Hr HAND AND AFFIrmeD HY NOTARIAL SEAL, THE DAr AND YEAR IN THIS CERTIFICA rE FIRST ABOVE tIT CONUSSION EXPIRES- NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ...... _%1~_3_ ...........~9_9_o_. fIN ABSENCE OF NOTARIAL SEAL, PLEASE FILL IN INFORIIATION BELOII) PRINCIPAL PLACE OF BUSINESS- PRINT HA#E- SI~I[ t~E C.~! IIIJRNIAI COLINTT OF SAN OIEGOI SICNEO, A NOTARY PIIB~IC IN ~NO EOR S~ID CfllINTY ~ND ST~I~, A~T APPORED ~_~:'~b_~Z~a~, ~NOMN I0 ~[ IPROV~B-TO Hf~ ON TI~BA~N~CT~Y (Vf~NC~I TO BE TIlE .~_~{~. EXECIITEO TIlE MITItlN INSIRIINE'NT ~N~ NN~VN 10 Mr TO BE TIlE Vlt0 EIEClITED TIlE MIfitlN I~TRIIMENT ON BEItA~F ~F S~If~ S~I0 CORPORATION BEINC ~NOMN T~ ME TO BE ~ CENFR~ ?ARTNTR OF ~ P~RTNER~111P, TIlE ~RTNE~SItlP TIt~T A~'~CIIIED TIlE MITItlN INSTRI}~ENT ~ND ~CK~'~VLEDCEO TO NF' THaT SI1~t ~RTN~RSItIP ~XECUTED TffE PURSUANT TO ITS IN Vl TNESS VHKR~OF. I If~ VE It~ RE - tINTO SET MT llANO AND ~FFI~ED MY NOTARIA~ S~AI, T/IF DAY AND IN TltlS CERTIFICATE FIRST MY COMMISSION E~PIR[S- NtlI~RY IV/It/IC IN ~'l) /I1R S~ID CDIINTY ~NO STATE ........... ..... PRINCIPAL PL ~CE OF BIISINESS-PRINT N~E- STATE Or C~L IFORNI~I COMNT~' OF ,gN SIGNED, ~ NOTARY Pt/Bl lC IN ~NO fOR S~IO COI/NtY ~NI~ .~T~Tf', fiRSON- Yt~B~Sf$--~Tt~ETORY EVIOFNCEI 1~ IlK file Z~-'~[~L ......... ': iJ'ECUTEO TIlE VlTItlN 1NSTRI/~ENT ~NO NNOVN l~ fie I0 Bg TIfF P[RS8N VttO EJ'ECUTED THE MITItIN 1NSTRI/N~T ON BEII~fF 0~ S~10 C~RPORAT18N, S~IO CORPOR~T10N HKINC NN~MN TO NE TO BE ~ KENI'R~I. P~RTNTR A PARTN~RSItIP, TftE PARINIRSIIIP TIt~T (,~'ECIITE'O TIlE VITIIIN INSIRflN[NT AND ~CA~SMfEDCi~ TO ~g III~T SI}Clf P~RTN~RSItlP iJ~CUIiD TIlE fitHSIl~NT TO ITS B~'-LAI~. IN VlTNFSS VlfFREOF, I I/AVE UNTO S~T fly It%ND AND ~ff I.~'[~ fly NOT~RI~[ SE~L, TILT' OJY JNO IN THIS ~[RTIFICATE fIRST ~BdVE fin ~USTNCE ~r N~T~RI~f ST~, P[~F FIll IN INfflR~TI~N PRINCIPal PLAC[ OE BIISINTSS- PRINT NAME- 1842 Bond No. 11126950192 SURVEY MONUMENT INSTALLATION BOND RANCHO DEL SUR, a California KNOW ALL MEN BY THESE PRESENTS, That I/~e General Partnership ......... as the subdivider and Principal, and the THE AMERICAN INSURANCE COMPANY .......... a Corporation of the State of NEW JERSEY ............ , as Surety, are held anl firmly bound unto the City of Chula Vista, a municipal corporation, in th~ County of San Diego, State of California, and to and for the benefit of a~ and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal stun of SEVEN THOUSAND AND N0/]00 ..................... ($ 7.000.00 ) lawful money of the United States of America, 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 5UR UNIT 5 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 tl Principal shall have set durable monuments of the survey by (name of · as per the final map of said subdivision· a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to'which said map is hereby made and same is incorporated herein ~s though here set forth in full, and according to the ordinances of the Cite of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following complei and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this 15th day of MARCH , 1988' SEE ATTACHED (Principal) APPROVED AS TO FORM: THE AMERICAN INSURANCE COMPANY ure b"'~'-~,~y' ' Attorney- in-Fact / City~/torney Christine A. Paterson PW-E-34 DEVELOPER RANCHO DEL SUR, a Californka General Partnership GADCo Investment Partnership IiI, Ltd. a California limited partnership Great American Developmen_t COmpany, a California Corporation BY: ~t~. ~ (Pria ~.or typed Name) Tit e BY :~ ~Printed or typed Name) t EN RA,, " 18 4 7 PO'WER OF ~,~rOR.,,~V 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. coast:lute and appoint WAYNE G. PLAZAK, EDWARD BRUCE MILLER and CHRISTINE A. PATERSON jointly or severally ,c~ 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 Attorney(s)-in-Fact may do in the premises· This power of atlorney is grained 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 Authority Assistant secretaries, and Attorney-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 Sccrctaries 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, Autho~ty. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidcncing 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 person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966~ and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of ibis Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of 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 1o be signed by its Vice-President. and its corporate seal to be hereunto alfixed this '11 t h day of Au c~ u 5 t 19 86 THE AMERICAN INSURANCE COMPANY ST. ATE OF CALIFORI~IA COUNTY OF MARIN ss. Onthis 1 I th dayof AocJt.lSt , J9 86 , before me pcrsonally came Richard Wi 11 tams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor: poration described in and which executed the above instrument; that he knows the scat of said Corporalion; that the seal affixed to the said inslrument is such corporate seal; that it was so affixed by order of the Board of Ditcctors of said Corporation and that he signed his name therelo by like order. IN WITNESS WHEREOF. I have hereunto set my hand aad affixed my official seal. the day and year hcrcin first above wrincn. Pl~n{~l Offire ~n Mann Cou,t,/ ' ~iISSS/~SSSSliiiiliiSiiiiSStlSI|SilllSSSSSilllSllSillSSlSlS~ CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY CorOoration, DO HFREBY CER- TIFY that the foregoing and attached POV,'ER OF ATTORNEY remains in full force and has not been revoked; and furlhcrmorc thai ArlicJe VIIi. Sec- tions 30 and 31 of the By-taws of the Corporation, and the Resolulion of the Board or Directors, set forth in the Power of Anorney. arc nov,' in force. S:tgned and sealed at_ t:he County of Har:t.n. Dated the 15th day of HARCH , 1~ 360711-TA-5-.81 1848 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 OROZC0 and JAMES B. CAMTER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the and A~igt~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. Notary/Phbli~ for State of ~~~ CalifOrnia Notary Pubtic-Ca Iota 8 S~N'D~EGO COUNTY $I~TE Of CAt ITt]RNIAI c.6~Tr Ar SAN OIECOI SICNED, ~ NRTART ?IIBI IC IN AN9 F~R SAID COI/NTT AND STATE, PERSON- All r APPEARED f~J~:~C~_~:~L~L~_, ~OVN TO fie H~ASt~ S,~i~C~ rvfO5~C~ rg BE HIE ,~'=d,~,'~l~,~t .......... OF _.,~2~_~_~ ..... A CORPORATION, HIE FRRPgRAIlON H/AT E~'ECllTEO HIE ~ITItIN INSTRIIHTNT AND NNOMN l~ fie TO 85 lltE ?~RSgN YIf0 EXECl}HD TIlE MITTtIN 1NSTRIh~ENT ON RUtAfF ~F S~I~ C~RPORATI~N, SMD CORPdRATI~N 8EINC NN~MN TO ME TO BE A CENFRAI P~RINER ~F ~ PARTNERS/tIP, TI/F PARTNEXSNIP T//AT EXECI/TfD HfF ~tlT/IIN IN.~TRI/HENT AN~ ACKNOYIf~fD TO fie TItAT SIICIt PARTNI'RSItlP fXfCUTED HIE SAM, PURSUANT TO ITS AT-LAYS. IN YITNE,~S MHERFOF, I 1lAVE tINTO SET M llANO AND AF'TlXED HY NOTARIA~ S~AI, TIlE DAY AND ~IAR IN HtIS C~RTIFICATE FIRST ABOVE ~Y C0~15510N E~?IR~S- NOTARY PitIll IC IN ANI) SAID COIlNTT ANI) STATE ........... ..... tIN ABSENCE ~F N~TARIAI SIAI, PLEASE Flll 1N INFO~ATION PRINCIPAl PLACE OF BIISINFSS- I'RINT NAHE- STATE dr CAL IFORNIAI COYNIT OF SAN 01ECOI OF __C~=~_~_~_~= ..... A CORPORATION, HIE CORPORATION TItAT t.~'ECYTEO THE TITHIS INSTRUMENT AND KNOVN Tg M TO BE HIE PERSON VHO EXECUTED TIlE TIT/fIN I~?TRUMENT ON BEHALF OF SAID CORPORATION, SAID C6RPORATION BEINC NNOMN ld ME TO OK A CENtRAl PARTNER ~ PARTNERSIfl?, TIL~' ?~RTNtR,~lflP TItAY F.~I~IITED TIIF MIT111N IN,~IRUH~NT ~ND AC~OYIEDCfD TR HF IlLAT ~UCll P~RIN~RSIflP ~.~I'CY1~ IltF S~E, PURSUANT TO ITS IN VITNt~R YItFRFOF, I ItAV( UNTO SET HT If~NO ~ND MTI.~ID Hr NOTARIAI Sf~I, TIlE DAk' AND TEAR IN llt1,~ 6IRTH ICAIt' flRSI ABOVE fly COHHIS.~IPN I.~PIRt'S- NRTARY PIIRI 1C IN (/N ABSINCt' Rf' NOTARIAI ,VlAI, PIEA.~E f'l/I IN INf0RMTI6N MlOlq P~INCIPAI Pl ACf OF BU, qINISS- PRINT MME'- -- 1850 SIAIE OF tT, AI IEORNIAI 1~,~ COUNTY OF SAN DIECOl SIGNED. A NOTARE PIIBl IC IN AND EOR SAID COIINTY AND STATE, PERSON- g l Y APPEARED Z~R. ZtlKb.[J~_..Z._._~[Z.~__, ~ttO~N TO NE {~qOffC TO OF _..~_k~_~._, ~ CORPORATION, IItF CORPORATION litAT EJ[CUTFO TIlE VITIIIN INSTRIIMINT AND NNOVN 10 fie TO HE lltr PERS~N ~qtO E~[CNTEO IItE UIHtlN INSIRIh~fNT ON BEItAfF OF SAIl) C~RPORAIlON, SAID CORPORAHON BEINC ~OVN TO NE TO BE A CENERAL PARINTR OF ~-~A ~C~{~.~R ~ PARTNERSI~ P, SAIB PARTNeRSIP B[INC A PARTNERSltlP, TItF PARINERSI~IP TItAT E.Y[CHT[D TIfE MIHtlN 1NSIRIIHENT ANO ArNNOUIEBC[D TO HE THAT SIICIt PARINERSIflP ~XECUT[O TIlE PURSUANT TO ITS IN MIIN(SS VHEREOF. I ItAVE ItlRE- UNTO SET BY llANO ANQ AFFIXEQ HY NOTARIAL S['A~, HIE BAY ANO IN TIllS C[RTIFICAI( FIRST ABOV~ HY CONHISSIBN []'PIRIS- NOTARY I'llltl [C IN AND SAID (OIINIY AND SLAT[ ............ .... IIN ABSENCE OF NOTARIM SIAL, P[EASE FILl IN INFORNATIOk~ PRINCIPAL PLACE OF BIISINESS- PRINT "1851 COUNTr OF SAN L~IECOI ON THIS _L~&~__ DAY Or __~5E~_ ......I~_~. BEFORE NE TIlE UNDER- SISNE~. ~ NOTARY PUBLIC 1N ~ND FOR S~ID COUNTY ~NO STATE, PErSON- ALL V APPEARED __~9~_~_~b~_ ...... KN~MN TO ~'S=~4G~9~ TO BE THE __~[eJ~?_~ ........ Or G~m~L ~nn~L~_~.A CORPORATION, THE CORPORATION THAT EXECUTED THE MITHIN INSTRUMENT AND KNOVH TO ME TO BE THE PERSON VHO EXECUTED THE MITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION. SAID CORPORATION BEING KNOMN TO NE TO BE A GENERAL PARTNER OF i_~_~S~I_~D?.~a_~_~, A PARTNERSHIP, SAID PARTNERSHIP BEING KHOVN TO HE TO BE A GENERAL PARTNER OF _~_~_~_ ........... A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE NITHIM INSTRUMENT AND ACKNOVLEDGED TO NE THAT SUCH PARTNERSHIP EJ~CUTED TIlE SAME, PURSUANT TO ITS BY-LAMS. IN MITNESS MHEREOF, I HAVE HERE- UNTO SET NY HAND AND AFFIXEB NY NgTARIAL SEAL, THE DA ~ AN9 YEAR IN THIS CERTIFICATE FIRST ABOVE Nr COnnZSSIOg [PIPES- NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ...... ~Z?& ...........~DD_. fIN ~OSENCE OF NOTARIAL SEAL, PLEASE FILL 1N INFORHATION BELOM) PRINCIPAL PLACE OF BUSINESS- PRINT NA~E- SIAIE Of CAI IIORNIAI CGUNTY Or SAN DIEGO/ a fusseAr or 7fiA .BUORr u/r SICNEO, ~ N~MRY PII~glC IN ~NP f'~R S~ID QIIINII' ~NP SI~TE, PER50N- I¢~AS~F YAT~Ct~r [~f~N~} TO BE THE .,~t~L~4)I'~ ....... Of 12)8~t}J-%¢~_'~4~_~ A CORPORAIIOH, lftE CORPORAIION litAT EJfCllffD file 9ITffiN IN, fTRII~E~T AND KNOMN lO ~E l~ BE fife PfRSON MItO EXECUfED TIlE ~ITItlN IN, flSIhTENT ON ~EItA[F' OF .9~lP SAID CORPORATION BEING J~OgN TO HE TO BE A CENE'RA[ PARTNER OF k~('~D~(~ ~ ~ P~RTNERSItlP, SAID YARE~ REIHP BEING ~' T~'~ ~'b'BE ~ ~i RA~ PARTNER OF _.. _.k'{~.'~j~..J~'L~_..~L~=._~ .... ~ PARTNERSIll?, TIlE PARTNERSlilT TItAT f.r~CIITED file MIfiIIN INSIRIIHTNT AND ACKNOVI~DCED TO HE TNAT SII~t ?ARTN~RSItI? [X~CUTED TNE PURSUANT TO ITS IN VITNESS VHEREOF, I NAVE IlLRE- UNTO SET BY ItAk'D AND AFFIXED HY NOT~RIA~ ~FA[, TIlE DAY AND IN TIllS CERTIFICATE FIRST ABOVE NY CONHISSION E~TIR~S- NOIARY 1~1101 fC IN AND SAID COUNTY AND STATE .......... ..... fin ABSENCE OF NOTARIAI ~EAI, PLEASE FIll IN 1NFORHATIRN PRINCIPA~ PLACE OF BIL~INESS- PRINT NAHE- SLATE OF CAL IFORNIAI COUNII' OF SAN SIGNED. A ~TARY PIIBL lC IN AND EOR SAID COIINIY AND STALE, A~I r APPEARED ~L$J_I_~>JYZ~A~.)~'~ KNn~W TO HE ffROff'P~O 'ff~:'-ON · TI~-BA~IN-OFmf~Tt~ACTORY- EVIDENCE] TO BE TIlE Z~'~w2EL OF ;j~)~)Zd.J_~ ~'L_, A CORPORATION, TIlE CORPORA l ION TItA T EJ'FCUTED TIlE VITItlN INSTRI/HENT AND KNOMN TO HE TO BE TIlE PERSON ~If0 EJ[CIITED rite VITltlN INSTRII~ENT ON B~ltA/f' OF S~IO CORPORATION, SAID CORPORATION BEING NNOVN TO fie TO RE A CFNIRAL PARTNIR OF _&~7~L~Y D'~_fz/~'_~_b ~ PARTNERSIll?, SAID P RIN~R,fltlP B~ INC ~'NOMN TO Ht' TO 8E A CFNERAI PARTNER OF _Z2~5'i~L:_{1~__'~Z_~_C- ........... A PARTNERSlilT, TIlE PARINERSItfP TIfAT K.r~CHTFD TIlE MITItlN I~flRII~NT AND ACJ'NOM/EDC[D TO HE N/AT ,fUCIt PARTNERS/tIP [.tECUT~D T/IF SA~E, ?I/RElIANT TO ITS IN VITNfS, f VItERFOF, I I/AVE It[RE- IINTO SET ~ ItANP AND Aft l.rfp NRT/RI~L ,qf'~l, TIlE B~Y AND IN fills C~RTIt'ICAIE FIRST ABOVE HY COHHIS,flON E,I~IRES- NOTARI' rl/BI IC IN ANI~ fOR HN ABSENCE Of NOTARSAI SEAL, PLEASE FIll IN INFeRNATION PRINCIPAl PLACE ~I' BUStNfSS- PRINT NAHE- /ll' I.., ~Ig'ON dVl/,f' HTH l,,iOi..3Vl-,4 - OHDNVE JO IxCo ? --I