HomeMy WebLinkAboutReso 1988-13647 0 2206 Re sed /8/88
RESOLUTION NO. 13647
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING REPLACEMENT SUBDIVISION IMPROVEMENT
AGREEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS FOR CHULA VISTA TRACT 87-8, RANCHO DEL SUR,
UNITS NO. 3 AND 5 AND RELEASING RANCHO DEL SUR
PARTNERSHIP FROM PRIOR SUBDIVISION IMPROVEMENT
AGREEMENTS FOR RANCHO DEL SUR, UNITS NO. 3 AND 5
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE~ BE IT RESOLVED by the City Council Of
the City of Chula Vista that those certain agreements between THE
CITY OF CHULA VISTA, a municipal corporation~ and THE FIELDSTONE
COMPANY, a California Limited Corporation, for Chula Vista Tract
87-8, Rancho del Sur, Units No. 3 and 5, dated the 12th day
Of July , 1988, copies of which are attached hereto and
incorporated herein, the same as though fully set forth herein
be, and the same are hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
~-chula Vista be, and he is hereby authorized and directed to
<ecute said agreements for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that Rancho del Sur Partnership
is hereby released from prior Subdivision Improvement Agreements
for Rancho del Sur, Units No. 3 and 5.
Presented by Approved as to form by
i Works City Attorney
4370a
0 2207
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHU~_.~ VISTA, CALIFORNIA, this 12th day Of July . ..
9 88 , by the following vote, to--wit:
AYES: Councilmembers Nader, Cox, Moore, McCandliss
%IAYES: Councilmembers None
~BSTAIN: Counci lmembers Malcolm
~BSENT: Councilmembers None
~City of Chula Vista
~TTEST ,/~/,**/~Z~,,~'/'~
Cit~, 'dlerk
;TA', JF CALIFORNIA )
;OUNTY OF SAN DIEGO ) ss.
:ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
0 HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 13647
,and that the some has not been amended or repealed.
~ ' Cit/'Clerk * / '
C~ OF
CHb VI A
:-~o /~ ~r/
0 2181
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 12th
day of 3uly , 1988, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
THE FIELDSTONE COMPANY, a California Corporation, 5465 Morehouse
Drive, Suite 250, San Diego, California 92121, hereinafter called
"Subdivider";
WITNESSETH:
WHEREAS, Subdivider's predecessor in interest presented
to the City Council of the City of Chula Vista for approval and
recordation, a final subdivision map of a proposed subdivision,
known as Chula Vista Tract 87-8 (Rancho del Sur) Unit 5 pursuant
to the provisions of the SuOdivision 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
:~ 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 ~ubdivision within a definite period of time prescribed by
said Council, and
WHEREAS, Subdivider's predeccesor in interest entered
into an agreement wherein it was provided that Subdivider would
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 Subdivider is assignee of this
agreement, 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
3690 6
-1- "
0 2182
WHEREAS, complete plans and specifications for the
~gnstruction, installation and completion of said public improve-
~nt 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
m~numents 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-
0 2183
5. It is expressly understood and agreed to by
and abide by allof the provisions of the ordinances of
~he City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of 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 to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of SEVEN
~OUSAND DOLLARS AND NO CENTS ($7,000.00) to secure the
· nstallation 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 s~id 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. Subdivider acknowledges that the following
improvement 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 consisting of Uits 1 through
5 inclusive of Rancho del Sur to be occupied:
0 2184
A. 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
~11 improvements are fully completed and accepted by City,
~bdivider 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
0 2185
security shall not be required to cover the provisions of this
paragraph. Said indemnification and agreement to hold harmless
" . )hall extend to damages or taking of property resulting from the
donstruction 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 employe~s
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.
~HE CITY OF CHULA VISTA SUBDIVIDER: THE FIELDSTONE
,..6 cA iB-.., 0 2186 TICOR TITLe INSURANCE
rporadon)
TATE OF CALIFORNIA } ~.
UNTY OF ~n Diego
June 15. 1988 before me, the undersigned, a Notary Public ~ and for
State, personally appeared Keith A. Johnson
known to me or proved to me on the basis
satisfactory evidence to be the person who executed
: within instrument as the Chief Op.
and John J- Barone
personally known to me or OFTIG~AL
to mc on the basis of satisfactory e~dence to be , ,,',.":~:Z~ FT~ANCtNE SEXTON
~v me tha~ such corporation executed the within instru-
mcnt pursuan[ ~o its by-laws or a resolution of ks
board of directors.
WITNESS my nd and offic}al se~.
'~ ~ / SI(This area for offici~ notari~ se~)
0 2187
LIST OF EXHIBITS
EXhibit "A" Improvement Security - Faithful Performance
Unit Amount of Bond
5 $320,650.00
Exhibit "B" 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
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision
Improvement Agreement
3825a
CAT. NO. NN00737
"8'' 0 2 18 9 TICOR TITLE INSURANCE
STATE OF CALIFORNIA }
COUNTY OF San Diego SS.
On June 20, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared
personally known to me or proved to me on the basis
c ~ ~isfactory evidence to be the person who executed
ithin instrument as the
Prt~ldent, and John J. Barone
personally known to me or ~ OFFICIAL SEAL '
proved to me on the basis of satisfactory evidence to be ~ Sk = ~ ~
s, FR~,NCIN~. SEXTON
to me that such corporation executed the within instru- ~ , ~"Y~ iLL:2 ~:
board of directors.
C~ur~. 7 ~ t~/Z ~/C [~' ,hf~: ) (This area for official norafiat seal)
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA ORANG~ ~ as.
County of
County, State of California, residing therein. duly commissioned and sworn, personally
to be the person whose name is subscribed to this instrument as the atlorney in fact of ..~E..AMERle~R .I~S~e~GQ~P~,X ..........
and acknowledged to me that~ he ~ she subscribed the name of ~..bMgB!~I~SO.~G~.GOMe~ ............ thereto as
surety, and his ~ her ow ame as attorney in facL
~IN WITNE~WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year stated in this certificate above.
Maria Luisa R, Agut~ldo
' PRINCIPAL OFFICE IN My tomre:saLon ~xpircs ....
..' 0 2188 BUND # 11126969663
' . . PREMIUM: $56.00
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/W.e THE FIELDSTONE COMPANY
as the subdivider and Principal, and the THE 'AMERICAN INSURANCE COMPANY
a Corporation of the State of NSW JERSEY , as Surety, are held a
firmly bound unto the City of Chula Vista, a municipal corporation, in t
County of San Diego, State of California, and to and for the benefit of
and all persons who may suffer damage by reason of the breach of the con
ditions hereof, in the penal sum of SEVEq THOUSAND AND~NO/100 ...................
($ 7,~00.00 ...... ) 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 RANCHO DEL SUR UNIT 3 subdivision in the
City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision 'and desires
to get same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if
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, refe
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 C]
of Chula Vista in force and effect at the time of giving of this bond, c
or before the expiration of thirty (30) consecutive days following comp]
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 s
their hands, this 15TH day of JUNE , 19 88
THE FIELDS
( P4f' '
lnclpal)
APPROVED S FORM
(Surety)
THE AMERICAN IN, SURANCE COMPANY
BY ~F~'~__/----r;_ ~ .-
... PW-E-34
i~ '" THE AMERICAN INSURANCE COMPANY
2ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the
~ the State of New ]crsey. and having its principal office in the City and County of San Francisco, California. has made. consdtmcd and
.~ and does by these presents make. constitute and appoint
..... C. R, FREY .....
, and lawful Attorncy(s)-in-Fact with full power and authority hereby conferred in its name. place and stead, to execute. seal, acknowledge and
iany and a bonds. undertakings, rccognizanccs or othcr writtcn obligations in thc naturc thereof
aind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled whh the corporate scal of the
tlon and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoracy(s)-in-Fact may do in the premiscs.
)wcr of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nov,' in full
~nd effect.
Ic VIII, Appointment and Authority Assistant sccrctar/~, and A ttorney-in-Fact and Agents to accept Lcga] Process and Make Appearances.
ion 30, Appointment. Thc Chairman of the Board of Directors, the Proslalom, any Vice-Presldcnt or any other person authorized by the Board of
)rs ~hc Chairman of ~he Board of Directors, the President or any Vice-Prcsidem, may, from dmc to tlmc, appoint Resident Assistant Secretaries
ttorneys*in-Fact to rcprcscm and act for and on behalf of the Corporation and Agents to accept legal process and make appearances lot arid on
of thc Corporatiara
~on 3I, Author/ty. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall bc as prescribed in the instrument
~ing their appointment, and any such appointment and all authority grantcd thereby may be rcvokcd at any dmc by the Board of Directors or by
~son empowered to make such appointment."
~ower of attorney is signed and sealed under and by the a~thority of the following Resolution adopted by the Board of Directors of THE
RICAN INSURANCE COMPANY at a meeting duly called and held on the 281h day of September, 1966. and said Resolution has not been
~cd or repealed:
iOLVED, that the signature of any Vice-President. Assistant Secretary. and Resident Assistanl Secretary of this Corporation. and the seal of Ibis
iradon may bc a~xcd or printed on any power of attorney. on any revocation of any power of a torney or on any c¢r fica e re aling thereto. b)
~ile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimfic signature or facsimfic seal shall he
and binding upon the Corporation."
iITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by ils Vice-P~csident.
~" 9th November
-~ seal to he hereunto affixed this day o[ 19 81
: STATE OF CALIFORNIA,
~ AND COUNTY OF SAN FRANCISCO
~is 9th dayof November 81 Richard Williams
· 19 __, beforcmepersonal~ycame
~ known, who, being by mc duly sworn. did depose and say: that he {s Vice-President o[ THE AMERICAN INSURANC[. COMPANY the Core
i on descr bed in and which executed the above nstrumcnt; that he kno~'s the sea[ o[ said Corporafion~ that the sea] affixed to the said instrument
~h corporate scab that i[ was so affixed by order oI the Board o[ Directors of said Corporation and thai he signed his name thereto by like order.
]ITNESS WHEREOF. I have hereunto set my hand a~ld af~xcd my of~cia] sea8. the day and year heroin first above wriIIen.
t OFFICIAL SEAL = ~.~z..,,,~_ '
SUSIE K. GILBERT i "'
!...-.-.---------.-----.i
STATEOFCALIFORN1A, } ss,
O A
AND COUNTY FS NFRANCISCO
I · undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
~that the foregoing and attached POWER OF ATTORNEY rema ns n full force and has not been revoked; and furthermore Ihat Arc e V I, Sec-
ts 30 and 31 of the By-laws of the Corporation, and the Resolution of Ihe Board of Directors, sex forth in the Power of Auorney, are now in force.
ied at the City and County of San Francisco. Dated the day of . , 19 .
D?11-TA-541
] . ' PPaMIUM: INCLUDED
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and THE FI~.nSTONECOMPANY
(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 CHULAVISTATRACT87-8
RANCHO DELSURUNIT 3 , is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient payment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned
as corporaEe 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 TWO HUNDREDEIGHTYNINETHOUSAND
ONE HUNDRED FIFTY ANDNO/700 ...... dollars ($289{]50.00 ....... ), 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 upgn 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.
!AT. NO, NN00737
:o ,9,~ cA 1~-8,1 0 2 19 3 ~ TICOR TITLE INSURANCE
:orporation)
i STATE OF CALIFORNIA
COUNTY OF San Diego
On June 20, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
~---he · ' ' in instrument as the
~: , and John J. Barone ~=~._,_--~-~- - - ~
personally known to me or e, ~ OFFICIAL SEAL
FRANCINE SEXTON
proved to me on the basis of satisfactory evidence to be ~ Nct~ry public-California
: the person who executed the within instrument as the S~N [3',EGO C~UNTY
Asst. Secretary of the Corporation
!.that executed the within instrument and acknowledged ~ ~.z :i:.-, ..... -
! to me that such corporation executed the within instru-
ment pursuant to its by-la~vs or a resolution of its
board of directors.
'WITNESS myh0nd and official seal. Z7' .'
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CA EIFORNIA ~-,AI~G~ ss
O~ GE ..... County, State o[California, residing therein. duly commissioned and sworn, personally
Notary Public
0 2192
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
tez~ns 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
THE FIEI,DSTONE COMPANY T~{E AMERICAN IN~Pj~L~E COMPANY
/ A RNEY-IN-FACT
Contractor Surety
City~rney
PW-E-34
OFX' '~ ' . THE AMERICAN INSURANCE COMPANY
L MEN BY THESE pRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the
ithe State of New Jersey. and having its principal office in the City and County of San Franciscn. California. has made, constituted and
and does by these presents mae. constitute: and appoint
· - .... C. E. FREY
md lawful Attnrney(s~-*in-Fact, with ful! power and authority hereby confen'ed in its name. place and stead. to execute. seal. acknowledge and
ny and all bonds. undertakings. recognizances or other written obligations in the nature thereof
nd the Corporation thereby as fully and to the same extent as if such bonds were signed by 1he President, sealed with the corporate seal of the
~ation and duly attestcd by its Secretary. hereby ratifying and confirming all that the said Attorneyls)-in-Fact may do in the premises.
wcr of atton~ey is grained pursuant to Article VIII. Section 30 and 31 of layJaws of THE AMERICAN INSURANCE COMPANY now in full
ITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these prescnls to be signed by ils Vice-Pxcsidcnt.
9~ l~to~em~e,r 8.~ I~ic~a,~ PLLLZlams
VITNESS WHEREOF, I have hereunto set my hand and a~xed my official seal, the day and year herein first above wriucn.
SUSIE K. GILBERT
NOTARY PU~UC - CAUFORNIA .='
.. PREMIUM: $2,3]3.00
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and THE FIELDSTONECOMPANY
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
· improvements, which said agreement, dated
19 , and identified as project CHULAVISTATRACT ~7-8.
RANCHO DELSURUNIT 3 , is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and
THEAMERICAN iNSURANCE COMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of TWO HUNDRED EIGHTY NINE THOUSAND
ONE HUNDRED FIFTY ANDNO/]00 ............ dollars ($ 289,150.00 .......... )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
~ NNO0737
~, ,~-~,,> 0 2 19 ? ~ TICOR TITLE INSURANCE
i OF CALIFORNIA }
:TY OF San Diego
June 20, 1988 before me, the undersigned, a Notary Public in and for
iate, personally appeared
ially known to me or proved to me on the basis
,;/-,~cr evidence to be the person who executed
lment as the
' ~V:ICIAL SEAL
personally known to me or 7~%qCINE SEXTON
~ to me on the basis of satisfactory e~dence to be · ,~2~-~ Noia~ Public-California
:rson who executed the within instrument as the ~ ~AN DIEGO COBN~
ASSE. Secretary of the Corporation , '~
pursuant to its bydaws or a resolution of its
of directors.
=~ESS my~and and officia~eal. , Z .~
~ORN~Y IN FACT ACKNOWLEDGMENT
County, State of California, residing therein, duly commissioned and sworn, personally
~ackaowle ed to me that ~h~ Q she subscribed th~ name of, ~HE A~B~AN..I~SU~i:~G~ ~-.P~H~ ........ thereto as
OFFICt~EAL
~da Lm~ R. A~ui~Mo
p~NCIPAL OFFICE mN
0 2196
'2-
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
-agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, on
JUNE 15, , 19 88
THE FIEI.DSTONE COMPANY THE AMERICAN INSURANCE CC~4PANY
Contractor Surety
~~~or n eR?/~/~~ ~/~C~ 7~
PW-E-34
· ' -. 0 2 19 8 Bo D # 269 930
· PRM~ILM:INCLUDED
\
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
Vista, State of California, and THE FI~.DSTONECOMPANY
(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 CHULAVISTATRACT87-8
RANCHO DELSURUNIT 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
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of THREEHUNDREDTW~NTYTHOUSAND
SIX HUND~EDFIFTYANDNO/100 ....... -dollars ($320,650.00 ....... ), 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.
;AT. NO. NN00737
rO 1945 CA (B 84)
.orporation> ~ TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San Diego
On June 20~ 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared
personally known to me or proved to me on the basis
-,-,~f ~ cactory evidence to be the person who executed
,n instrument as the
,esluent, and ,lohn J, Baron~
the person who executed the within instrument as the ,
that executed the within instrument and acknowledged
WITNESS m~and and official seal. ,F
0 2200
A~ORNEY IN FACT ACKNOWLEDGMENT
STAT9 OF CAI.IFORNIA O~GE
to } e lhe person whose name is subscribed to this instrument as the att n ' ~h~~~CE COMP~ ...........
0 2199
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
JUNE 15r 19 88
THE FIELDTONE COMPANY THE AMERICAN INSURANCE COMPANY
Contractor Surety
Y
PW-E-34
0 2201
THE AMERICAN INSURANCE COMPANY
ALL MEN BY THESE pRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the
the State of New Jersey. and having itsprinclpal o~cc in the City and County of San Francisco. California. has made. constituted and
ed. ar ' ~es by these presents make. constitute and appoint
..... C. E. FREY .....
i and lawful Attorney(s}-in-Fact, with full power and authority hereby conferred in its namc. place and stead. to execute. seal. acknowledge and
t any and all bonds undertakings rccogmzanccs or other written obligations In the nature thereof
'wer of attorney is granted pursuant to Arlicle VIII. Section ~30 and ~,1 of By4aws af THE AMERICAN INSURANCE COMPANY now in full
!ion 30. AppoinLment. The Chairman of the Board of Directors, thc President, any Vice-President or any other person authorized by the Board of
ttorncys-in-Fact to represent and act lot and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
' of the Corporatioo.
Lion 31, Au~ority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
Icing ~heir appointment, and any ~uch appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE
iRICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
dcd or repealed:
~OLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistam Secretary of this Corporation. and 1he seal of ~his
~ration may be af~xcd or printed on any power of attorney. on any revocation of any power of a[torncy. or on any certificate relating thereto.
nile. and any power of z~torncy. any revocation of any power of attorney. or cerli~calc bearing such facsimile signalurn or facsimile seal shall be
and binding upon the Corporation."
/ITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by i~s Vice-President.
"~ r seal to be hereunto affixed this 9t:h day of No~zember 19
STATEOFCALIFORN1A. 1
:Y AND COUNTY OF SAN FRANCISCO
9th November B1 Richard Willlares
~his . dayof , 19 __ . beforemepersona[lycam¢
~e known, who, being by me duly sworn. did depose and say: Ihat he is Vice-President of THE AMERICAN IN~URANCE COMPANY. the Cot:
VITNESS WHEREOF, f have hereunto set my hand and affixed my of~cial seal the day and year herein first above written.
OFEICIAI SEAL ~ ' '
SUSIE K. GILBERT
cER . cA
STATEOFCALIFORNIA, / ss.
'~ AND COUNTY OF SAN FRANCISCO
he undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
' that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore Ihat Arlicle VIlI, See-
!as ~0 and 31 of the By-laws of the Corporation, and the Resolulion or the Board of Directors, set forth in the Power of Altorney, arc now in force.
.alcd at the City and C~unty of San Francisco. Doled the day of ~ . 19
0 2202
BOND # 11~2696930
PP~i~L~i: $2,565.00
BOND FOR F~ITHFUL P~O~NCE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and
THE FI~.DSTONECOMPANY (hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
'improvements, which said agreement, dated
19 , and identified as project CHULAVISTATRACT87-8
RANCHO DELSURUNIT 5 , is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and
THEAMERICAN iNSURANCE COMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of THREE HUNDREDI~qENFfY THOUSAND
SIX HUNDREDFIFTYANDNO/100 ............ dollars ($ 320,650.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any jhdgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
0 2204
ATTORNEY IN FACT ACKNOWLEDGMENT
----or ....................... ?'~ THE AMER CAN INSURANCE COMPAN~y
and acknowiedged to me that [~he [22] she subscribed the name of T~F ............. !."~ -' !: ............................................
surety, andS~his [] her own name as attorney in Fact,
IN WITNE WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
1 OFIqClAL SEAL
Maria tuis~ R, Aguinaldo
i~0]AIIT ~tJgLIC-CAdIr0RNIA My commission expires .............................
pRINCIPAl, OFFICE IN
CAT. NO. NN00737
TO 1945 CA {8--84)
~Corporation) ~ TIEOR TITLE INSURANCE
STATE OF CALIFORNIA } ~,
COUNTY OF San
On June 20, 1988 before me, the undersigned, a Notary Public in and for
said State, 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 the
President, and John ~I. Barone
personally known to me or /i~X OFFICIAL SE~xL
proyed to me on the basis of satisfactory e~dence to be
~'} rson who executed the within instrument as the .:~,~
_ Agg~. Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
board of directors.
WITNESS m};~and and olficial seal.
S~ff~--L(C/~z / f~ "c ( ,. C/~' .~-~ (This area for offici~ notarial seal)
0 2203
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
~qE 15 , 19 88
THE F~ . TONE COMPANY THE AMERICAN INSURANCE COMPANY
~ C.E. ~Y, A~-IN-FACT
Contractor Surety
APPROVED ~,~ FORM:
PW-E-34
0
~ ! r. ."" ~ ::z:
-I O ·
r~ ._L
-,1.
,--- ', / WINDSOF~ VIEWS ::1:>
/ MAP NO,B,312,