HomeMy WebLinkAboutReso 1988-13731
RESOLUTION NO. 13731
~//Sf'/'}' TRACT 82-8, MISSION VERDE, ACCEPTING ON BEHALF~
SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
sxscu e SAmD AGRmm SNm NO FE[
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 82-8, MISSION VERDE, and more
particularly described as follows:
Being a subdivision of the Southwest Quarter of the
Northeast Quarter of Quarter Section 42 of the Rancho De
La Nacion, in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No.
166 by Morrill, on file in the office of the County
Recorder of San Diego County, May 11, 1869.
No. of Lots: 7 No. of Units: 76 units
Area: 10.01 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 street, to-wit: a portion of
Paseo Ranchero and said street is hereby declared to be a public
street 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 fr the construction of sewer, street tree
planting and public utilities, all as granted and shown on said
map within said subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the City of the Board
of Supervisors of the County of San Diego.
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)774
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 9th day of August , 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 Chua
Vista.
Presented by Approved as to form by
John P. Lippitt, Director of Th
Public Works Attorney
4453a
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13 5 1
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th doy of. August
19 88 , by the following vote, to-wit:
AYES: Councilmembers Moore, McCandliss, Nader, Cox
NAYES: Counci 1 members None
ABSTAIN: Counci lmembers None
Malcolm
ABSENT: Counci 1 members
~Chulo Visto
5, 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 0 full, true ond correct copy of
RESOLUTION N0. 13731 ,ond thor the some hos not been omendedor repeoled.
7'
Cit~ Ci~rk
CI'!Y OF
CHUIA VISTA
CC-660
9776
I ~ · ]~ ~" ,~ ~ ~/k "
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~ ~ / /
, . . . ~ ~ ' /
~ ~ .... , .....
P~EG ~CHERG ~
RECO~Dii((~ i~EQU~STED BY
~/4~Z: ,/,$7~ SUBDIVISION INPROVEMSNT AGRREMENT
THIS AGREEMENT, made and entered into this 9th day
of August , 1988 , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and TERRA INDUS-
TRIES, INC., P. O. Box 82417, San Diego, Ca. 92138,, General Partner
of MISSION VILLAGE PROPERTIES, LIMITED, a California Limited Partnership,
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 82-8 (MISSION VERDE)
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. 10973 , approved on the 10th day
of Auqust , 1982 , and
~ Form No. CA-410
· Revised 3/87
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/
778
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 88-238 through 88-247 inclusive ,
on file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City in the amount of THREE
HUNDRED TWELVE THOUSAND, THREE HUNDRED FIFTY DOLLARS ($312,350.00).
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.
3o 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; providedf however, that the improvement security shall
not be required to cover the provisions of this paragraph°
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5o 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 ONE HUNDRED
FIFTY-SIX THOUSAND, ONE HUNDRED SEVENTY-FIVE DOLLARS ($15.6,175.00)
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 ONE HUNDRED
FIFTY-SIX THOUSAND, ONE HUNDRED SEVENTY-FIIVE DOLLARS ($156,175.00)
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 t9 furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of FOUR
THOUSAND FIVE HUNDRED DOLLARS ($4,500°00) (per private engineer's
estimate)
to secure the installation of monuments, which security is attached
hereto~ marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon
certification of completion by the City Engineer and acceptance of
said work by City, and after certification by the Director of
Finance that all costs hereof are fully paid, the whole amountr 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°
100 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.
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3780
11. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the improvement plans and
installation of public improvements hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall have deposited with City a sum of money sufficient
to cover said cost.
12o 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 hereinaboveo
13o It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be liable
for any injury to person or property occasioned by reason of the
acts or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement. Subdivider further agrees
to protect and hold harmless the City, its officers and employees,
from any and all claims, demands, causes of action, liability or
loss of any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Said indemnification and agreement to hold harmless
shall extend to damages or taking of property resulting from the
construction of said subdivision and the public improvements as
provided herein, to adjacent property owners as a consequence of
the diversion of waters in the construction and maintenance of
drainage systems and shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall City, by
said approval, be an insurer or surety for khe 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.
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9781
14. Subdivider agrees to defend, indemnify, and hold
harmless the local agency or its agents, officers, and employees
from any claim, action, or proceeding against the local agency or
its agents, officers, or employees to attack, set aside, void, or
annul, an approval of the local agency, advisory agency, appeal
board, or legislative body concerning a subdivision, which action
is brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
Mission Village Properties, Ltd.
Mayor ofUth~ ~ity of' Chula ~Kr~~ident
ATTE~ ~//La~f~e~ce Kreis - SeCretary
Approv as to form by
(Attach Notary Acknowledgment )
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On June 16, 1988 before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared -.]F~IQ''eis
be ~hc~_~Presidcnt, and Lawre~cJ. Kreis ., known
Secretary of__
to mc ~o be the_
TE~ INDUSTRIES, INC. ~hc corporation that
executed the within ~nstrument and known to me to be the persons
who executed ~he within instrument on behalf of said corporation,
said corpora6on being known to
MISSION VIL~GE pROPERTIES~ L~4ITED the
~artnership that execute within instrument, and acknowledged
to me that such cot executed the same as such partner
and that su uted the same.
Name (Typed or Printed) FOR NOTARY ~EAL OR STAMP
Notary Public in and for said County and State
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D782
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $156,175.00
Exhibit "B~ Improvement Security - Material and Labor:
Form: Bond
Amount: $156,175.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $4,500.00
Securities approved as to form and amount by
t/ //Fity Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
0156a
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783 Bond
No:96407ZS
Premium: $2,811.00
BOND FOR FAITItFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and MISSION VIIJAGEPROPERrIES~ LTD.t by: TERRA
INDUSTRIESt .INC., GeneralPartner (hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated
19 , and identified as projectMission Verde ChulaVistaTract
82-08 , is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and
DEVELOPERS INSURANCE COMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of ONE HUNDREDFIFTYSIX THOUSAND
ONEHUNDRED SEVENTYFIVE& 00/100'S dollars ($ 156,175.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwiseit 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
· 784
-2-
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
'agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and s.urety above named, on June
30th , 19 88
MISSICN VII,TAGE P~OPERTIES, LTD.
by: TERRA INDUSTRIES, INC.
General Partner DEVELOPERS INSURANCE COMPANY
.... Dav~ C. Banlet, Attorney-in~ct
/", ~"--/"7/,,~A--~~'~ ,~, 333 Wilshire Ave. Anaheim. Ca 9280l
~// Contradtor / Sur'ety '
APPROi~D/pTO FOPJ4:
PW-E-34
0785
p ..... ~y ~pr~:~a DAVID C. BANFER
person~y knom to me (or proved co me on the basis of sa~sfactory
in-Fact on beh~f of Developers ~nsurance Company, the corporation therein
named, ~d acknowledged to me that the corporation executed it.
OFFICIAL SEAL
w~ss ~y h~.~ ~,a oen¢~ ~. S VIRGINIA M. LOUMAN
; NOTARY PUBLIC-CALIFORNIA
' ORANGE COUNTY
~ /~ My Commasstun Expires Mar 13 1989
304 (~EV. 2/85) ~[s area for qficial Notarial Seal
STATE OF CALII~)RNIA S/U,~ DIEGO }
COUNTY OF. SS.
o. J, .e so, 988 ..,,efnren,e. theunders,.ned,
a Notary Public in and for said County and State. personally
appeared Robert E. Kreis known to me to
,
be the President. and Lawrence Kreis ., known
to me to be the Secretary of.
----~3P~w_n_ INDUSTRIES. !NC_ , the corporation that At S~AL
executed the within instrument and known to me to be the persons CAROLyN S. MATHEl
who executed the within instrument on behalf of said corporation,
NOTARY PUBLIC CALIFO~N
said corporation being known to me to be orle of the partners of
MISSION VILLAGE PRQP_ERTIE$, LIMITED ~. the ~ ...... 5~N DIEGO COUNTy
partnership that execute the within instrument, and acknowledged
to me that such cur ' n executed the same as such partner
ecuted the same
and that such part .
CAROLYN S. MATHEUS
Name (Typed or Printed) FOR NOTARY SB:AL OR STAMP
Notary Public in and for said County and State
Bond No:964072S
~ .. . ~78~ Premium:incl in performance
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, andFLISSIONVII~AGEPNDPER~ISq, LTD.
by: TERRAINDUSTRIES, INC. GtlN'LPTR(hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project MISSIONVERDEC}KILAVISTA
TRACT82-08 , is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreementr principal
is required before entering upon the performance of the work,
to file a good and sufficient p~yment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of ONEHUNDREDFIFFfSIX THOUSAND
GNEHUNDREDSEVENTYFIVE& 00/100'S dollars ($ 156,175.00 ), 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.
The surety hereby stipulates and agrees ~hat 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
June30th 19 88
MISSION VI/,IAGE PRDPER~IES, L~ID.
by: TERRA INDUSTRIES, INC.
General Partner DEVELOPERS INS.URANCB C_C~gPANY
~// ' /' ' David C. Banfer, Att011~ey-in-Fact
~ Contradtor Surety
PW-E-34
0788
STA'TE OF CALIFORNIA }
ORANGE
DAVID C, BANFER
,,~
~ personally appeared
~ personally known to me (or proved to me on the basis of satisfactory
~ evidence) to be the person who executed the within instrument as Attorney-
~, in Fact on behalf' of Developers Insurance Company, the corporation therein
~ named, and acknowledged to me that the corporation executed it.
· WITNESS my band and officia~ seal,
Signature ~ ~'~
DIG 304 (REV. 2/85) This area for Official Notarial Seal
STATE OF CALIFORNIA SAN DIEGO } SS.
COUNTY OF
On June 30, 1988 before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared Robert g. Kreis known to me to
be the . President, andLawrence K.reis ., known
to me to be the Secretary of. . . - .
___" _ Th!C. , the corporation that OFFICIAL
executed the within instrument and known to me to be the persous ~ CABOLYN' S, MATHEU~
who executed the within instrument on behalf of said corporation.
said corporation being known to me to be one of the partners of MOIAR¥ PUBLIC CALIFORNIA
~GE PROPERTIES, LIMITED the
' ,~,i'~ -~N DI~GO COUNTY
partnership that execute the within instrument, and acknowledged ItF is~,un F3q2ires April 30, 1990
to me thatche executed the same as such partner -
and that su cured the same.
CAROLYN S. }lATHEUS
Natne (Typed or Printed) FOR NOTARY I~EAI.. OR STAM
Notary Public in and for said County and State
-, POWER OF ATTORNEY OF 0789 N? 028950
iNDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 3343, ANAHEIM, CALIF. 92803" (714) 999-1471
1 All powe~ and aulhority herein granted shaft in any event terminate on the 31st day of December, 1988.
2 This Power ol Attorney is void if altered or if any portion is erased
3 This Power of Attorney ~s void unless the seal is readable the text is in browz~ il, k the signatures are in btue ink and Lhjs notice is in red ink
4 This Pov,'er of Attorney shoutd nol be returned to the At!orney(s)-tn-Fact. but should remain a permanent part ol the obligeo's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
but not jointly, hereby make, constitute and appoint
David C. Ban~er
, execute, deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(s}-in-Fact full power and authority to do and to pedorrn every act
proper to be done in connection therewith as each of said corporations could do, but reserving to each of Said corporations full power of substitution and revoca-
and all of the acts of said Attorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed.
and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, setf-insurer's bonds, fidelity bonds or bail bonds.
' grantedandissignedbyfacsimiIeunderandbyauth~rity~fthef~~~~wingres~~uti~nsad~ptedbytherespectiveB~ards~fDirect~rs~f~NDEMN~TYC~MPANY
and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifyi ng the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
of the corporation be. and each of them hereby is, authorized to attest the execution 6f any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Atlorney or to any certificate relating thereto by facsimile, and any such Power of Aftor-
o, ceT: :ibc ;i,Z %hh,e sim,le s,gna,u ,es s.a,, be a,,d and bind,ng upon ,he co.po.ation whe. so eff,×ed and in ,he ,.,u ,e wi,h respeo, ,o any bond, ..tiertaking o. cen,,sc, o,
IN WITNESS WH EREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
]nd attested by their respective Secretaries this 20th day of October, 1986,
INDEMNITy COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
/ Jerome J.~wweney, President ~e J. ~'~ney, President
Q ATTEST
STATE OF CALIFORNIA )
) SS.
ORANGE )
On December 15, 1987, before me. the undersigned, a Notary Public in and for Said State, personally appeared Jerome J. Sweeney and Harry C. Crowell, personally known to me (or
~n the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as
Secretary on behalf of Developers Insurance Company, the COrporations therein named, and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
///~ ~ ~ ~____--¢1~-/-f~
nature, 7 Notary Public
CERTIFICATE
The u ndersigned, as Executive Vice President of INDEMNITY COMPANY O F CALl FORN IA, and Executive Vice President of DEVELOPERS INSURANCE CO MPANY, does hereby
and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards of
id corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
the City of Anaheim, California, this :~Ot~_day of JILrl-e ~ 19~__~.
COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By
Executive Vice President
Premium: $50.00
790
SURVEY MONUMENT INSTALLATION BOND
MISSION VII.lACE PROPERTIES, L'
by: TERRA INDUSTRIES, INC.
KNOW ALL MEN BY THESE PRESENTS, That I/We General Partner
as the subdivider and Principal, and the_ DEV~LOPF_RS INSURANCF. COMPANY
a Corporation of the State of California , a's 'Surety, are held an
firmly bound unto the City of Chula XZist'a, a municipal corporation, in th
County of San Diego, State of California, and to and for the benefit of a
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of FOUR THOUSAND FIVE HUNDRED ~ND 00/100'S
($ 4,500.00 ) 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 Tract 82-08 subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution 10973 , 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 t
Principal shall have set durable monuments of the survey by Craig, Bulthuis
(name of
& Stelmar , 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 Citf
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, othen~ise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto se~
their hands, this 30th day of June , 19 88
MISSI VILLAGE PROPERTIES, LTD., by
~ Attorney-in-Fact
City y David C. Banfer
PW-E-34
0791
STATE OF CALIFORNIA SAN DIEGO
COUNTY OF. SS.
;~'
~ ~ On June 30, 1988 , before ale, the undersigned,
22 a Notary Public in and for said County and State, personally
O appeared Robert E. Kreis known to me to
r~ ,
~1 be tile__ President. andLawrence Kreis known
Z to me to be the Secretary of.
~ ffv~'DD;5 VlxlnHqrPl;'T~'q TlXlF' i the corporation that
;~ executed the within instrument and known to me to be the persons ' ~ '
m who executed the within instrument on behalf of said corporation. ~ OFFICIAL SEAL
Z
~ said corporation being known to me to be one of the partners of CAROLYN S. MATHEllS
~ MISSION VILLAGE PROPERTIE$, LIMITED . the ~OlARY PUBHC CAUFORNIA
~ partnership that executed the within instrument, and acknowledged
to me that such corporati ecuted the same as such partner SAN DIEGO COUNTY
O and that such par ' the same. .~by ~"~mm,'iss~n Expires April 30, 1990
~ s ~ CAROLYN S. MATHEUS
Name (Typed or Printed) FOR NOTARY SEAL, OR 8TAb
Notary Puhlic in and for said County and State
CORPORATION
ORANGE
COUNTY OF SS,
DAVID C. BANFER
personally appeared
personally known to me (or proved tc me on the basis of satisfactory
evidence) to be the person who executed the within instrument as Attorney-
in Fact on behalf of Developers Insurance Company, the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Signaltire _ 4,~ J4f
304 (REV. 2/85) This area for Official Notarial Seal
POWER OF ATTORNEY OF .3?92 N? 026949
~ INDEMNITY COMPANY OF CALIFORNIA
'- ., AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 3343, ANAHEIM, CALIF. 92803 ° (714) 999-1471
:1 All power and authority heroin granted shall in any event terminate on the 31st day of December, 1988.
This Power of Attorney is void if altered or if any portion is erased
3 This Power of Attorney is void unless the seal is readable, the text is in browfl ink, the signatures are in blue ink and this notice js in red ink
4 This Power of Attorney should not be returned to the A~torney(s)-In-Fact, but should remafn a permanent pad of the obligeo's r~ords
KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited. INDEMNI~ COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
hereby make, constitute and appoint
~vid C. B~er
~-in-Fac~, to make, execute, deliver and acknowledge, for and on behalf of each of said ~rporations as sureties. bonds, undedakings and ~ntracts el
~ in an amount not exceeding $1,500,000 in any single undereking; giving and granting unto said A~orney(s)-in-Fact full power and authorlW to do and to pedorm eve~
proper to be done in connection therewith as each of said corporations cou Id do. but rese~ing to each of ~id corporations full power of substitution and revoca-
and all of the acts of said A~orney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
y this Power of A~orney do not extend to any of'the following bonds, undedakings or contracts of surership:
Bank deposito~ bonds, mo~gage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, leas~
bonds, insurance company quali~ing bonds, self-insurer's bonds, fideli~ bonds or bail bonds.
y is granted and is signed by faceira ile under and by authority of the following resolutions adopted by the respective Boards of Dir~tors of INDEMNITY COMPANt
~F CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of A~orn~
ual i~ing the attorney(s) named in the Powers of A~orney to execute, on behalf of the corporation, bonds, u ridertakings and contracts of sureWahl p; and that the Secretary or any Assis.
be, and each of them hereby is, authorized to a~est the execution of any such Power of A~orney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of A~orney or to any cedificate relating thereto by facsimile, and any such Power of A~or.
or ce~ificate bearing Such facsimile Signatures shall be valid and bindi ng u pen the corporation when so affixed and in the future with respect to any bond, undereking or contract o
~ to which it is a~ached.
IN WITNESS WHEREOF. INDEMNI~ COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severallycaused these presents to be signed bytheir resp~
:s and ariested by their respective Secretaries this 2~h day of October. 1986.
~DEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
ATTEST
Har~ owelL Secretary By Har~V~Crowell, Secreta~
)
) SS.
OF ORANGE )
On December 15, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Harry C. Crowell, personally known to me (i
y evidence) to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of California and ~
Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
' My ~0~mlsslol~ [l(plres Mar |3 1989
CERTIFICATE
The u ndersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does herel:
y that the foreg el ng an d attached Power of Attorney rem a Ins in fu II force and has not been revoked; and fu rtherm ore, that the provislo ns of the resolu tie ns of the respective Boa rds
the Power of Attorney. are in force as of the date of this Certificate.
ificate is executed in the City of Anaheim. California, this ~0~h. day of .JTUI'J,I~ , 198
COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
Thomas
Executive Vice President Executive Vice President