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HomeMy WebLinkAboutCC&F PALOMAR PROPERTIES INC; 1975-02-18;.. -. AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM 'l'O SERVE SUBDIVISION LANDS AND FOR PERFORMA.NCE BOND . (3). Cabot, Cabot and Forbes Palomar Airport Business Park Carlsbad Tract 73-49 Unit No. 1 THIS AGREEMENT is made this 18th day of February 1975, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and CC&F PALOMAR PROPERTIES, INC., a California corporation, h�reinafter called "Subdivider'', in view of the following facts and for the following purposes: (a)Subdivider has presented to and obtained approval from the City of Carlsbad of a subdivision map covering property ("Subdivision"), all of which lies within the boundaries of District, pursuant to the provisions of the Subdivision Map Act of the State of Cali.fornia and in compliance with the provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b)Subdivider has presented a specific plan for public water service to the Subdivision prepared by Rick Engineering Company and included as a part of the entire plan for water service are the Plans for the Improvement of Cabot, Cabot and Forbes Palomar Airport Business Park, Unit No. 1, Tract 73-49 consisting of 17 sheets ("Plans") which are incorporated herein by reference. The entire specific plan and detailea subdivision plans have been approved by the District. (c)The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the offsite water system as shown on Exhibit "A" attached hereto 2/18/75 ,· and incorporated. herein by this :i;:-eference, .and more partic­ ularly. described as those water lines constructed in Palomar Airport Road from Station 184+10.00 Easterly to the inter­ section of Palomar Airport Road and El Camino Real, including the connection thereof to the District's existing 16-inch water main located in the Westerly bed of El Camino Real. IT IS THEREFORE AGREED: 1.Iri consideration of the approval bi the District of the Subdivision and the engineering construction plans for the offsite and onsite portion of the public water system for Cabot, Cabot and Forbes Palomar Airport Business Park, Carlsbad Tract No. 73-49, Unit No. 1, Subdivider agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to the District, all of the work required to be done pursuant to and in accordance with Exhibit "A" necessary for the installation of said offsite water system more particularly described as those water lines constructed in Palomar Airport Road from Station 184+10.00 Easterly to the intersection of Palomar Airport Road and El Camino Real, including the connection thereof to the Districts existing 16-inch water main located in the Westerly bed of El Camino Real. Where necessary, additional plans and specifications shall be prepared and approved by the appropriate governmental agency having jurisdiction. Said work shall be performed in a good and workmanlike manner satisfactory to the District and in accordance with the plans and specification covering said work and the general specifications tor pipeline constiuction adopted by District. Subdivider will furnish all necessary materials and labor required in said work and will pay and discharge all b�lls and claims arising out of the performance of said work. -2-2/18/75 -· - ,. 2.Subdivider agre�s that all of the �ork covered by this Agreement will be completed within 365 calendar days from the date of this Agreement. 3.Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of District directly attributable to the work. Subdivider shall deposit with District concurrently with the exedution of this Agreement the sum of $1,200.00, being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of said deposit, Subdivider shall pay the amount of such excess to District on demand. Should District's expenses be less than the amount deposited, District shall refund to Subdivider the difference upon completion of the work and its acceptance by District. 4.Until such time as all public improvements proposed to be constructed in the dedicated streets in which the work covered by this Agreement is installed shall have been completed and accepted by District and all other public authorities having jurisdiction, Subdivider shall be re­ sponsible for the care, maintenance of and any damage to the water mains or water system within said dedicated streets. No permanent water service to any parcel of land within the Subdivision shall be allowed until after acceptance by the District of such improvements. 5.Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the Subdivision prior to the completion of all of the improvement work contemplated by the Plans subject to the following conditions: --3-2/18/75 - - AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM '1'0 SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND . (3) Cabot, Cabot and Forbes Palomar Airport Business Park Carlsbad Tract 73-49 Unit No. 1 THIS AGREEMENT is made this 18th day of February 1975, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and CC&F PALOJ:11AR PROPERTIES, INC. , a California corporation, hereinafter called "Subdivider", in view of the following facts and for the following purposes: (a)Subdivider has presented to and obtained approval from the City of Carlsbad of a subdivision map covering property ("Subdivision"), all of which lies within the boundaries of District, pursuant to the provisions of the Subdivision Map Act of the State of Cali.fornia and in compliance with the provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b)Subdivider has presented a specific plan for public water service to the Subdivision prepared by Rick Engineering Company and included as a part of the entire plan for water service are the Plans for the Improvement of Cabot, Cabot and Forbes Palomar Airport Business Park, Unit No. 1, Tract 73-49 consisting of 17 sheets ("Plans") which are incorporated herein by reference. The entire specific plan and detailea subdivision plans have been approved by the District. (c)The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the offsi te 'irlater system as shown on Exhibit "P-.'' attached hereto 2/18/75 ,. ,· and incorporated, herein by this :i;-efe;rence, a,nd, more partic­ ularly described as those water lines constructed in Palomar Airport Road from Station 184+10. 00 Easterly to the inter-­ section of Palomar Airport Road and El Camino Real, including the connection thereof to the District's existing 16-inch water main located in the Westerly bed of El Camino Real. IT IS THEREFORE AGREED: 1.Iri consideration of the approval by the Dist�ict of the Subdivision and the engineering construction plans for the offsite and onsite portion of the public water system for Cabot, Cabot and Forbes Palomar Airport Business Park, Carlsbad Tract No. 73-49, Unit No. 1, Subdivider agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to the District, all of the work required to be done pursuant to and in accordance with Exhibit "A" necessary for the installation of said offsite water system more particularly described as those water lines constructed in Palomar Airport Road from Station 184+10.00 Easterly to the intersection of Palomar Airport Road and El Camino Real, including the connection thereof to the Districts existing 16-inch water main located in the Westerly bed of El Camino Real. Where necessary, additional plans and specifications shall be prepared and approved by the appropriate governmental agency having jurisdiction. Said work shall be performed in a good and workmanlike manner satisfactory to the District and in accordance with the plans and specification cove;r;-ing said work and the general specifications for pipeline construction adopted by District. Subdivider will furnish all hecessary materials and labor re�uired in said work and will pay and discharge all bills and claims arising out of the performance of said work. -2-2/18/75 - 2.Subdivider agrees thit all of the work covered by this Agreement will be completed within 365 calendar days from the date of this Agreement. 3.Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the work, including plan checking, inspection, materials furnished, and all other exoenses of District directly attributable to the work. Subdivider shall deposit with District concurrently with th� exedution of this Agreement the sum of $1,200.00, being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of said deposit, Subdivider shall pay the amount of such excess to District on demand. Should District's expenses be less than the amount deposited, District shall refund to Subdivider the difference upon completion of the work and its acceptance by District. 4.Until such time as all public improvements proposed to be constructed in the dedicated streets in which the work covered by this Agreement is installed shall have been completed and accepted by District and all other public authorities having jurisdiction, Subdivider shall be re­ sponsible for the care, maintenance of and any damage to the water mains or water system within said dedicated streets. No permanent water service to any parcel of land within the Subdivision shall be allowed until after acceptance by the District of such improvements. 5.Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the Subdivision prior to the completion of all of the improvement work contemplated by the Plans subject to the following conditions: --3-2/18/75 - - (a)Subdivider has entered into an agreement or agreements with the District t6 construct all of the improvements required for the entire water system to secure water service to the Subdivision. (b)That no individual meters will be installed for any particular parcel of land, with the District serving water only through the temporary meter of the Subdivider. (c)That the District makes no warranty or guaranty as to the quantity of water or water pressure for any improvements of the Subdivider, or its successors in interest. (d)That the District makes no warranty or . guaranty as to the necessary amount of water for fire flow or fire protection for any improvements of the Subdivider, or its successors in interest. 6.The acceptance of the work on behalf of the District, which Subdivider will install pursuant to this Agreement, shall be made by the Board of Directors of the District upon recommendations of the District's Manager and District's Engineer. Such acceptance shall not constitute a waiver by District of any defects in the work. Subdivider, by this agreement, guarantees for a period of one (1) year from acceptance, all of the work covered by this agreement, and shall repair and replace any and all work that may prove defective in workmanship and/or materials within said one­ year period without expense to the District. In the event of failure to comply with the p;i:;-ovisions of the guaranty within a reasonable time after notice in writing, District is auth6rized to have the defects repaired and made g.ood .at the expense of Subdivider, .and Subdivider shall pay the cost -4-2/18/75 AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM '110 SERVE SUBDIVISION LANDS AND FOR PERFORM.A.NCE BOND . (3). Cabot, Cabot and Forbes Palomar Airport Business Park Carlsbad Tract 73-49 Unit No. 1 THIS AGREEMENT is made this 18th day of February 1975, between CARLSB.AD MUNICIPAL WATER DISTRICT, hereinafter called "District", and CC&F PALOMAR PROPERTIES, INC., a California corporation, hereinafter called ''Subdivider", in view of the following facts and for the following purposes: (a)Subdivider has presented to and obtained approval from the City of Carlsbad of a subdivision map covering property ("Subdivision"), all of which lies within the boundaries of District, pursuant to the provisions of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b)Subdivider has presented a specific plan for public water service to the Subdivision prepared by Rick Engineering Company and included as a part of the entire plan for water service are the Plans for the Improvement of Cabot, Cabot and Forbes Palomar Airport Business Park, Unit No. 1, Tract 73-49 consisting of 17 sheets ("Plans'') which are incorporated herein by reference. The entire specific plan and detaile0, subdivision plans have been approved by the District. (c)The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the offsi te water system as shown on Exhibit "A" attache·a hereto 2/18/75 t' and incorporated herein by this reference, and, more partic­ ularly described as those water lines constructed in Palomar Airport Road from Station 184+10. 00 Easterly to the inter-­ section of Palomar Airport Road and El Camino Real, including the connection thereof to the District's existing 16-inch water main located in the Westerly bed of El Camino Real. IT IS THEREFORE AGREED: 1.In consideration of the approval by the Distiict of the Subdivision and the engineering construction plans for th� offsite and onsite portion of the public water system for Cabot, Cabot and Forbes Palomar Airport Business Park, Carlsbad Tract No. 73-49, Unit No. 1, Subdivider agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to the District, all of the work required to be done pursuant to and in accordance with Exhibit "A" necessary for the installation of said offsite water system more particularly described as those water lines constructed in Palomar Airport Road from Station 184+10.00 Easterly to the intersection of Palomar Airport Road and El Camino Real, including the connection thereof to the Districts existing 16-inch water main located in the Westerly bed of El Camino Real. Where necessary, additional plans and specifications shall be prepared and approved by the appropriate governmental agency having jurisdiction. Said work shall be performed in a good and workmanlike manner satisfactory to the District and in accordance with the plans and, specification covering said work and the general specifications �or pipeline construction adopted by District. Subdivider will furnish all hecessary materials and labor required in said work and will pay and discharge all bills and cl�ims arising out of th� performance �f said work. -2-2/18/75 -- 2.Subdivider agrees th�t all of th� work .covered by this Agreement will be completed within 365 calendar days from the date of this Agreement. 3.Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of District directly attributable to the work. Subdivider shall deposit with District concurrently with the exedution of this Agreement the sum of $1,200.00, being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of said deposit, Subdivider shall pay the amount of such excess to District on demand. Should District's expenses be less than the amount deposited, District shall refund to Subdivider the difference upon completion of the work and its acceptance by District. 4.Until such time as all public bnprovements proposed to be constructed in the dedicated streets in which the work covered by this Agreement is installed shall have been completed and accepted by District and all other public authorities having jurisdiction, Subdivider shall be re­ sponsible for the care, maintenance of and any damage to the water mains or water system within said dedicated streets. No permanent water service to any parcel of land within the Subdivision shall be allowed until after acceptance by the District of such improvements. 5.Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the Subdivision prior to the completion of all of the improvement work contemplated by the Pl�ns subject to the following conditions: --3-2/18/75 (a)Subdivider has entered into an ag.reement or agreements with the District to construct all of the improvements required for the entire water system to secure water seivice to the Subdivision. (b)That no individual meters will be installed for any particular parcel of land, with the District serving watei only through the temporary meter of the Subdivider. (c)That the District makes no warranty or . guaranty as to the quantity of water or water pressure for any improvements of the Subdivider, or its successors in interest. (d)That the District makes no warranty or . guaranty as to the necessary amount of water for fire flow or fire protection for any improvements of the Subdivider, or its successors in interest. 6.The acceptance of the work on behalf of the District, which Subdivider will install pursuant to this Agreement, shall be made by the Board of Directors of the District upon recommendations of the District's Manager and District's Engineer. Such acceptance shall not constitute a waiver by District of any defects in the work. Subdivider, by this agreement, guarantees for a period of one (1) year from acceptance, all of the work covered by this agreement, and shall repair and replace any and all work that may prove defective in workmanship and/or materials within said one­ year period without expense to the District. In the event of failure to domply with the provisions of the. guaranty within a reasonable time after notice in writing, District is authorized to have the defects repaired and made g.ood at the expen·se of Subdivider, .and Subdivider shall pay the cost -4-2/18/75 -- thereof on demand. However, in the event of an emergency, District is authorized to have the defects repaired, without notice, at the expense of Subdivider and Subdivider shall pay the cost thereof on demand. 7.Subdivider shall, upon iccept�nce of the work by District, provide District with a statement showing the actual cost of construction of the work contemplated h�rein and formally dedicate all facilities to th� District. 8.Subdivider shall furnish to the District, at no �xpense to the District, surety bonds written by a reliable surety company authorized to do business in the State of California or other acceptable form of guaranty, in the sum of $30,000.00 for the work which shall be performed in accordance with the terms and conditions of this Agreement. Said bonds or deposits shall insure the faithful performance of this contract by Subdivider. Said bonds or deposits shall also inure to the benfit of all persons entitled to the protection of the Mechanic's Lien Laws of the State of California. 9.The Subdivider shall be entitled to reimburse­ ment for the oversizing of all of the facilities which will be constructed pursuant to this Agreement. Such oversizing shall be from a 12-inch water line to a 16-inch water line. Said reimbursement shall be pursuant to Ordinance No. 26, Article VI, Section 1 through 18, inclusive, of the District. 10.This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, th� successors and assigns of the parties hereto. 11.Th� invalidity or illegality of any provision of this. Agreement shall .not be deemed to af feet the. validity or legality of any other provision o:f this Agreement. -5-2/18/75 I. - .- 12.This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 13.This Agree�ent sets forth the entire agreement and understanding of the parties with respect to the trans- actions contemplated hereby, and supersedes all prior agreements, arrangements and understandings relating to the subject matter hereOf. 14.This Agreement may be amended, modified, superseded or cancelled, and any of the terms, covenants, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. 15.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors on the day and year first above written. -6- CARLSBAD MUNICIPAL WATER DISTRICT B�td Fred W.Bo LOJV!,A.R PROPERTIES, INC. B... If. •=n..-=y . \ I • l' 7 • Its v� ay ···· .� �· It�� ,-. "Subdivider" 2/18/75 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On February· 21 , 1975, before me the undersigned, a Notary Public in and for said County and State, personally appeared Robert Ebbert·, known to me to be the ·Vice President ·, and · Gary J � Hewson · , known to me to be the ·senior Vice·President of CC&F Palomar Properties, Inc., the corporation that e�ecuted the within Instrument, and known to me to be the persons who executed the within Instrument on behalf of said corporation, and acknowledged to me that said corporation executed the within Instrument. WITNESS my hand and official seal. 8 OFFICIAL SEAL CLAUDIA D. LITTLE /JPtm.u0;, )lo itth� NOTARY 1'1.iBltC , Cll.UFORNIA PRINCIPAL OFFICE IN LOS ANG�LE$ COUNTY MyCom111ission ExpireiOct.17, 1978 -�- -7- �-Notar::i J?ubli-c --=-­Claudia D. Little 2/18/75 - ) ) ) - •' : .. --�""" -.::" Q THE �TNA CASUAL TV AND SURETY COMPANY Hartford, Connecticut 06115 LIFE&CASUALTY BOND FOR FAITHFUL PERFORMANCE BOND NO. 006 SB 033543 BCA (Subdivision Contract) KNOW ALL MEN BY THESE PP..ESENTS: C · C & F PALOMAR PROPERTIES, INC. That we,· , as Principal, and THE AETNA CASUALTY AND SURETY COrlJPANY, a.a Surety, are held and :firmly bound unto the CARLSBAD MUNICIPAL WATER DISTRICT , State of Californi�, in the sum of THIRTY THOUSAND AND N0/100-------·.: , ·.· ·:.: · ·'of ''···c:1.::;.: ' .... -.-.;· ·· .· ,. ----------------------�ollars (�bo,000.00-�, lawful money for the United State�, for • (L-247-D) 10-68 the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has entered into or is about to enter into the annexed contract ; -�-t with the CARLSBAD MUNICIPAL WATER DISTRICT , pursuant to the authority of an act of the Legislature of the State of California known as the "Subdivision IVIap Act" (Title 7 iJ,ommencing with Section 6500] of the Government Code) and any amendments thereto, for AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SOJ3DIVISION LANDS (3) d . . d b . d WATER an 1.s reqm.re y sai DISTRICT the execution of said contract; to give this bond in connection with NOW, THEREFORE, if the said Principal shall well and truly do and perform all of the covenants and obligations of said contract on his part to be done and performed at the times and in the mann"'r f!l:p9cj fiE'd. therein, ,hhen this obligation shall be null a...�d void, otherwise it shall be and remai..� in f'ull force and effecto Witness our hands this 18TH 19 75 C C B.Y_:. B-29 By: , r<, :;-;J" we:/*::;;.&- 0 � CAT. 1 74505 PRINTED IN U.S.A. .1:•·,·.:· --~---------------D~ J. Jr Sf'ATTORNEY-IN-FACT STATE OF CALIFORNIA County of las Angeles �o••••••••o•••�•¢��o�•••Q•••••i OFFICIAL SEAL g � HAEA S. SANFT ; O NOTARY PUBLIC - C A L I F O R N I A .� � PRINCIPAL OFFICt IN i c) LOS ANGELES COUNTY < • 0 '? My Commission Expires Nov. 2, 1976 ! �o•••••••••+••ooo••e••o••••••� (S-1292-D) 5-71 } :: ,h;s 18th day of Feb:cua:ey in the year one thousand nine hundred and _ _,S"'e,._v.....,.en,.,..,,t,..y,._-...,F...,1,.,.· v�e,..._ ___________ _ before me, HAEA S. SANFT in and for the County of LOS Angeles , a Notary Pub I ic , State of California, residing therein, duly commissioned and sworn, personally appeared ______ -'-_ D.J. JONES known to me to be the A'ETORNEY-IN-FACT of THE )ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known to meto be the person __ who executed it on behalf of said corporation therein named, and __ he __ acknowledged tome that such corporation ex­ ecuted the same. IN WITNESS WHEREOF, I ha office in the /k� the day and year in th is le seal at my Notary Pub I ic in and for the County of ___ ""-:,-=--a"""'""-"'"'"a.,_-"'"·'--'----------t,J,__ _______ _ State of California. PRINTED IN U.S.A. --_, --·---- -THE .ETNA He ASUAL TY AND SURE'.!Y-:Ol\l!PANY rd, Connecticut 06115 UFE & CASUALTY POWER OF ATTORNEr AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BV THESE PflESENTS, THAT THE .ETNA CASUAL TV AND SURETY COMPANY, a corporation duly organized undar. the laws of the State of Connecticut, and hiving Its principal office In the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint D, J, Jones -- of Los Angeles, California , Its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to si"1, execute and acknowledge, et any place within the United Statee, or, if the following line be filled in, within the area there designated , the followlng lnatNment(s): by his sole si"1ature and act, any and all bonds, recognizances, contracts of indemnity, end other writi1igs obligatory in the nature of a bond, recognizance, or con­ ditional undertaking, and any and all consents incident thereto not exceeding the swn of FIVE HUNDRED THOUSAND($500,000.00) DOLLARS - and to bind THE .ETNA CASUAL TV AND SURETY COMPANY, thereby 11& fully and to the same extent as if the same were signed by the duly authorized officers of THE .ETNA CASUAL TV AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein given, are hereby ratified and con­ firmed. This appointment is made under and by authority o� the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name end seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, ·recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, en Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pur­suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Cet1ificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE .ETNA CASUAL TY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the si"1ature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in.fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fac­simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac­simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE .ETNA CASUAL TV AND SURETY COMPANY has caused this instrument to be signed by its Secretary •and its corporate seal to be hereto affixed this 16th day of December . 19.74 ,,,,,�11�1�6''•,, l!l""",,{i,?\ THE �TNA CASUALTY AND SURETY State of Connecticut l f ss. Hartford County of Hartford On this 16th day of December . 19 74 : � HARTFORD, ': :\.2j;;�:-.�:��iV 111•111u1111' By , before me personally came C. Q. SWARTS to me known. who, being by me duly sworn, did depose and say: that he is Secretary of Tt£ .ETNA CASUAL TY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor­ poration; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. ,,,,�r:.:.-;:;�:;,. (t�,fr1� CERTIFICATE I, the undersi"1ed, Assistant Secretary of THE .ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as sat forth in the C•tificate of Authority; are now in force. Sigied and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 18th day of . 19 75 February ,,,1111,,,,, /;�;��� ���?�::.:� : j ! HA .. TFOfl!D, '. 4; \t?.t/��.���*{,J �\ .. QAssistant Secretary .(S-1921-0) (Ml 12-72 PRINTED IN U.S.A. C .. . ' -.