HomeMy WebLinkAboutTREETOPS UNLIMITED (PACIFIC SCENE INC & FINANCIAL SCENE INC); 1985-06-11;WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
CARLSBAD TRACT 83-21 -UNIT NO. 2
VILLAGES O AND P-1, CALAVERA HILLS
Agreement No. 1 -Onsite Improvements
This Agreement is entered into on -----------June 11 , 198__?_,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter 11 DISTRICT 11
)
and TREETOPS UNLIMITED, a Joint Venture of PACIFIC SCENE, INC. and
FINANCIAL SCENE, INC. (hereinafter "DEVELOPER") with respect to the
following:
A. DEVELOPER is about to present the map identified as "Carlsbad
Tract 83-21 -Unit No. 2" (the "subdivision") to the City of Carlsbad
for final approval under the Subdivision Map Act of the State of Cali-
fornia and in compliance with the provisions of the City of Carlsbad's
ordinances applicable to the filing and approval of subdivision maps.
The property encompassed by the subdivision lies within the boundaries
of the DISTRICT.
B. HCH & Associates of San Diego, California, has prepared
plans and specifications for the construction of the water system
necessary to provide water service to the _subdivision. The plans and
specifications are identified as "Plans for the Improvement of
Carlsbad Tract 83-21 in Unit 2 of Villages 'O and P-1 111 consisting of
twelve sheets, and are incorporated herein by reference ("plans").
The plans and specifications for the water improvements, which_,Al?"f
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the subject of this Agreement, are set forth on all sheets of those
plans ("improvements"). The DISTRICT Board of Directors has approved
the plans.
C. OEVELOPER and the DISTRICT have entered into the following
agreements, concurrently with and related to this Agreement, all of
which together provide for the construction of a complete public
water system to serve the subdivision:
(1) Agreement No. 2 -Offsite Improvements.
(2) Agreement No. 3 -Temporary Offsite Water System.
(3) Agreement No. 4 -Reimbursement Agreement
These agreements will hereinafter collectively be referred to as
"the related agreements."
D. No present commitment is required of the DISTRICT as to
water service to the lots in the above-described subdivision.
NOW, THEREFORE, in consideration of the covenants, conditions
and promises set forth below, and of the approval of the plans by
the DISTRICT, the undersigned agree as follows:
1. Construction of Improvements. DEVELOPER agrees to construct,
or cause to be constructed, all of the onsite water improvements set
forth in the plans as described above within one (1) year from the
date of this Agreement. The improvements shall be constructed in a
good and workmanlike manner under the direction of and subject to the
approval of the DISTRICT, which approval will be exercised in good
faith and will not be unreasonably withheld. The improvements shall
be constructed in accordance with the plans approved by the DISTRICT
and in conformity with all other applicable standards for pipeline
construction which have been adopted by the DISTRICT. DEVELOPER
shall construct the improvements at its sole cost and expense, and
without any cost or expense to the DISTRICT.
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, •·-" •• 1' ... ''
2. Inspection Fees and Deposits. DEVELOPER agrees to pay to
the DISTRICT, on demand, the full amount of all costs incurred by the
DISTRICT in connection with the work to be performed under this
Agreement including, but not limited to, engineering plan checking,
construction inspection, right-of-way expenses, materials furnished,
and a reasonable amount for the DISTRICT's indirect costs and overhead
in connection with this project. The fees and costs shall be charged
in accordance with the DISTRICT's standard practice. DEVELOPER shall
deposit with the DISTRICT the sum of $2,600.00, being the estimated
amount of the OISTRICT's expenses, at the time this Agreement is
executed. Should the DISTRICT's expenses be in excess of the deposit,
DEVELOPER shall pay the excess expenses to the DISTRICT on demand.
Should the DISTRICT's expenses be less than the amount of the deposit,
the DISTRICT shall refund the balance to DEVELOPER upon completion
of the work and its acceptance by the DISTRICT.
3 . Dedication and Acceptance of Improvements. Upon completion
of the improvements in accordance with the plans, as determined in
good faith by the DISTRICT's Manager and the DISTRICT's Engineer,
DEVELOPER shall dedicate, and the DISTRICT shall accept, the improve~
ments as the public property of the DISTRICT. The DISTRICT shall be
under no obligation to accept the improvements as public property of
the DISTRICT until such time as the following acts have occurred:
(a) All public improvements proposed to be constructed in
said subdivision, including but not limited to, streets, curbs,
drains, sewer, gas and utility lines and the improvements required
for the complete water system and necessary appurtenances thereto,
as set forth in this Agreement and the related agreements, shall have
been completed as determined reasonably and in good faith by the
DISTRICT's engineer.
(b} DEVELOPER, at its own expense, provides to the DISTRICT
all documents and title policies necessary to vest and insure record
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title in the DISTRICT to all easements and/or rights-of-way necessary
to the ownership and maintenance of the improvements. DISTRICT shall
have the right to approve the acceptability of said easements, documents
and title policies, which approval shall be exercised in good faith
and shall not be unreasonably withheld.
(c) DEVELOPER provides to the DISTRICT a statement setting
forth the actual cost of constructing the improvements.
The DISTRICT's Board of Directors shall accept the dedication on
behalf of the DISTRICT upon the recommendation of the DISTRICT Manager
and DISTRICT Engineer.
4. Interim Maintenance of Improvements. DEVELOPER shall be
responsible for the care, maintenance and repair of all damage to the
improvements constructed under this Agreement until such time as all
water system public improvements to be constructed under this and the
related agreements between DEVELOPER and the DISTRICT have been
completed and dedication thereof has been accepted by the DISTRICT.
5. Guaranty of Work and Materials. DEVELOPER guarantees, for
a period of one (1) year after the DISTRICT accepts dedication thereof,
that the improvements shall be free of any defects in materials and/or
workmanship. DEVELOPER shall repair or replace, without cost to the
DISTRICT, any defect in workmanship or materials which occurs within
that time. The DISTRICT shall notify DEVELOPER in writing of any such
defect. DEVELOPER shall begin repairs within ten (10) days after
receipt of such notice, and shall proceed expeditiously to complete
the repairs within a reasonable time. Should DEVELOPER fail to begin
repairs within that time, the DISTRICT is authorized to have the
defects repaired at the expense of DEVELOPER, and DEVELOPER shall pay
the cost of such repairs upon written demand by the DISTRICT. In the
event of an emergency, as determined reasonably and in good faith by
the DISTRICT's Board of Directors, Manager or Engineer, the DISTRICT
is authorized to have the defect causing the emergency repaired,
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without notice, at the expense of DEVELOPER, and DEVELOPER shall pay
the cost thereof upon written demand by the DISTRICT.
6. Water Service and Occupancy Upon Completion. There shall
not be any permanent water service provided to any parcel of land
within the subdivision, nor shall occupancy of any permanent improvement
within the subdivision be permitted, until the DISTRICT has accepted
dedication of the complete water system for the subdivision and title
to all improvements, appurtenances, easements and rights-of-way which
are a part of such system. This provision does not limit DEVELOPER
from requesting, or the DISTRICT from providing, temporary water
service to the subdivision to be used during construction. However,
at the discretion of the DISTRICT's Board of Directors, other temporary
water services may be allowed under terms and conditions agreed to
between the DISTRICT and DEVELOPER.
7. Bond or Other Guaranty. DEVELOPER shall furnish and deliver
to the DISTRICT a performance guaranty in the penal sum of $109,000.00
to insure faithful performance by DEVELOPER of all obligations under
this contract. The guaranty shall be in the form of a performance
bond issued by a reliable surety company authorized to do business in
the State of California, or such other form of written guaranty as is
acceptable to the DISTRICT, who shall not unreasonably withhold its
approval. The bond or other form of guaranty shall be for the benefit
of the DISTRICT and all persons or entities entitled to the protection
of the California Mechanics Lien Law in connection with the construction
of the improvements governed by this Agreement.
8. Notices. All notices or other communications required or
permitted under this Agreement shall be sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
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To DEVELOPER:
To DISTRICT:
John J. Summers, Vice President
Pacific Scene, Inc.
3900 Harney Street
San Diego, California 92110
William C. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
9. Benefit and Burden. This Agreement shall inure to the benefit
of, and the obligations created hereby shall be binding upon the heirs,
successors and assigns of the parties hereto. The DISTRICT acknowledges
that there did exist a dispute between it and the City of Carlsbad as
to which entity has the right to provide retail water service to this
subdivision, among others, and the right to hold legal title to all
public improvements necessary to provide such service. The DISTRICT
filed an action for declaratory relief in the North County Branch of
the Superior Court of the State of California for the County of San
Diego, case no. N20027, to resolve that dispute. The DISTRICT and
the City of Carlsbad have settled this lawsuit. The parties hereto
agree that their rights and obligations under this Agreement are
subject to the judgment, judicial declaration, settlement or other
determination made in the above-described legal proceeding on
June 29, 1983.
10. Severability of Provisions. The invalidity or illegality
of any provision of this Agreement shall not affect the validity or
enforcement of the remainder of this Agreement. If any provision or
term hereof is found to be invalid or unenforceable, the rest of the
Agreement shall remain in full force and effect as though the invalid
or unenforceable provision was not a part of the Agreement.
11. Waiver or Amendment. No provision of this Agreement, nor
any breach hereof, can be waived unless in writing. Waiver of any
one breach of any provision hereof shall not be construed as a waiver
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of any other breach of the same or any other provision hereof. This
Agreement shall be amended or modified only by a written agreement
signed by the party to be charged with the amendment.
12. Governing Law. This Agreement and any amendments hereto
shall be governed by, construed and enforced in accordance with the
laws of the State of California.
13. Construction and Interpretation. This Agreement is one of
four related agreements between DEVELOPER and the DISTRICT pertaining
to the construction of water system public improvements for the
subdivision. This Agreement contains the entire understanding and
agreement of the parties as to the onsite improvements portion of the
water system. Where possible, all related agreements shall be construed
in harmony with each other, to effectuate the parties' intent to
construct a complete water system for the subdivision. However, the
specific provisions of this Agreement shall prevail over any conflicting
provision of any other related agreement insofar as they pertain to
onsite water improvements. This Agreement, and the related agreements,
contain the entire understanding and agreement of the parties as to
the construction of the complete water system for the subdivision,
and supersede all prior agreements, statements, discussions, represen-
tations and understandings pertaining to that water system.
14. Attorney's Fees. The prevailing party in any action at
law or in equity, including arbitration, brought to enforce or prevent
the breach of this Agreement, or any provision hereof, including but
not limited to any action for injunctive or declaratory relief, shall
be entitled to attorney's fees and costs incurred in such action,
including those incurred in any appeal.
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r
15. Authority to Sign. The individuals who sign this Agreement
on behalf of the undersigned Joint Venture and municipal water
district warrant that they have the authority and approval to do so
on behalf of such Joint Venture and municipal water district.
TREETOPS UNLIMITED, A Joint
Venture of PACIFIC SCENE, INC.
and FINANCIAL SCENE, INC.
By: PACIFIC SCENE, INC.
By: FINANCIAL SCENE, INC.
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COSTA REAL MUNICIPAL
WATER DISTRICT
STATE CF 00..IFCRUA)
roJJffi' Of SAN DIEID)
01 this 29th day of May , 19 85, before me, the unders!sned, a Notary Publ 1c in and
for said 0:>unty and State, peraonally appeared JOHN J. SUMMERS , proved to me on the basis
of satisfactory evidenc.e to be the VICE President, and D.W. MACKAY
known to me to be the VICE PRESIDENT ~. of PACIFIC 9:EM:_..=,,..,-l?,.,.,....C.-,-t..,he,,__co_rpo_ra_t..,..io_n __
that executed the within lnstninent oo beha.lf of said corporatiCll, said corporation being known
to me to be one of the joint ventures of 'IREE'I~ UNLIMITID, the joint venture that executed tht•
within instnrTEnt, and acknowledied to me that such corporation executed the same, both ind:i-
vidually and as joint venturer of said joint venture, and that such joint venture also executro
the same.
KATHY LYNN G WI'INESS my hand and official seal. oTARv Puauc -CAL
PRINCIPAL OFFICE
SAN DIEGO COU
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STATE OF CALIFO):INIA
COUNTY OF , 1cu I Q.U/i { • -~""=""~~----1-'-"------ss. ;tr, ')An I -;,-· On this~ day of '---1l '¼ 19 u, before me, the undersigned, a Notary
Public in ancj..for said county and state, personally appeared ----,-----,
KuLl:"'1t !,\X(;---;el ,and ··1/{,,,~ /t·;l,•,1I/[,.( /
known to me ,(pr_.proved to me on the basis of sat!_actory evid_e~ce) to be the •
I I ,_President and .-1 • •• :+ V1u Ht _, Seetetary..
respectivelyof r/JVi11Ci1._/ 1u1u _1/1c'Ct"1/0A:k() SanctityofContract
the corporation that executed the within instrument, said persons being known to
me to be the persons who executed the within instrument on behalf of said FOR NOTARY SEAL OR STAMP
corp~-~ation, said corporation being known to me to be one of the joint venturers of
, i 'fi tq) Y I t I /n11cHed , the joint
venture that executed the within instrument and acknowledged to me that such
corporation executed the same both individually and as joint venturer of said joint
venture and that such joint venture also executed the same.
WITN!';_S9 my hand and official seal. 1: [AJ(?l t -GP ki'-{Cl
Notary Public in and for said county and state.
•• /:·.
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OFFICIAL SEAL
ROBIN K DE KOLO
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
My comm. expires AUG 30, 1988
FORM· CJV
....
CT 83-21 -----------
--utvt1 NO. .3
F u-ruRE
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LEGEND:
INDICATES TRACT BOUNDARY
INDICATES ONSITE WATER SYSTEM
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PERFORMANCE BOND
A
nREMAN'S FUND
AMlAtCAN INSUIIANCE COMPANIH
NOME Offtcl: IIAIII FRANCISCO
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
!jond No. C-· 731 51 79
The premium for this bond is $ 545 • 00
payable in advance and subject to adjust·
men! at current manual rates.
KNOW ALL MEN BY THESE PRESENTS: That we, TREETOPS UNLIMITED, A JOINT VENTURE COMPOSED OF
PACIFIC SCENE, INC. AND FINANCIAL SCENE INCORPORATED
as Principal, and THE AMERICAN INSURANCE COMPANY a corporation organized under the laws of the State
of NEW JERSEY and duly authorized under the laws of the State of CALIFORNIA to become sole surety on bonds and under-
taking, as Surety, are held and firmly bound unto
COSTA REAL MUNICIPAL WATER DISTRICT
as Obligee
'
11
in the full and just sum of ONE HUNDRED NINE THOUSAND AND N0/100------------------------------------,
Dollars, ($ 109,000.00 ), lawful money of the United States of Ameri=, to be paid to the said Obligee, successors or assigns;
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly
and severally, firmly by these presents.
The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith with
the said Obligee to do and perform the following work, to-wit:
DEVELOPER AGREES TO CONSTRUCT ONSITE WATER SYSTEM TO SERVE CALAVERA HILLS UNIT #2,
CARLSBAD TRACT 83-21 OF VILLAGES "O and P-1" -IN ACCORDANCE WITH AGREEMENT Ill
(ALSO KNOWN AS THE KNOLLS OF CA.LAVERA HILLS -CARLSBAD, CA)
as is more specifi=lly set forth in said contract, to which contract reference is hereby made;
Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and
requirements of the said contract in accordance with the plans and specifi=tions, then the above obligation to be void, otherwise to
remain in full force and virtue.
No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein.
Sealed with our seals and dated this 10th
360039-5-65
day of JUNE
TREE OP N IMITED A J
THE AMERICAN INSURANCE COMPANY
I ✓
"
&!'ATE CF CALIFOONIA)
roJN1Y OF SAN DIEXD) ss:
01 this 10th day of JUNE , ~5 , before me, the undersiilled, a Notary Public in and
for said Cbunty and State, personally appeared JOHN J. SUMMERS , proved to me on the basis
of satisfactory evidence to be the VICE President, and DENNIS M. FERDIG
known to me to be the VICE PRESIDENT ~. of PACIFIC 95M:, Ire., the corporation
that executed the within instninent on behalf of said corporation, said corporation being known
to me to be one of the joint ventures of 'IREE'la:ts UNLIMITED, the joint venture that executed the
within instrument, and acknowledged to me that such corporation executed the same, both indi-
vidually and as joint venturer of said joint venture, and that such joint venture also executed
the same.
WITNES.S my hand and official seal.
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
LY
UBLIC
IPAL 0
DIEGO
On MAY f O 1985 , before me, the undersigned, a Notary Public
in and for !'laid State, personally appeared C?c, LI<,. :J:, ;/ t9 L: 1 . ,
known to. rne (or prov:d to me 0~4he basis of sat~sfactory evidence) to be the
(;lo('< \! , 1, Q President and /.Z, L 0 t,J2-T L ; f;.:::, SE: L , known to me (or ~ proved to me on .the b~sis of satisfactorY._1:Yfdence) to be the Vc<:_SL G:-,c.,a,
~-see~ehary of 1±Yt::9--'Y\.Q.AY~0M,l.! J.11.~~~lw !£e corporation that executed
the within instrument and known tom~obe the persons who executed the
within ip~trurnent on behalf of s_a. id corporation, ~said corporatio~ being one
of the Joint Venturers of :Ji o~>-)) IJ.,(I /luy-y\c. --6--k]) , the Joint Venture
that executed the within inst~nt, and acknowledged to me that such
corporation executed the same as such Joint Venturer and that such Joint
Venturer executed the same.
WITNESS my hand and official seal.
[SEAL]
,·
OFFICIAL SEAL
LEANN W. CARLOS
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
' •,1·, C-)mmission Expires Apr. 24, 1987
. ·<~ ... .u~,.,-~ .. e·-;-,:-•-~~
ATTORNEY IN FACT ACKNOWLEDGMENT
Notary Public in and for
County and State
On this ............... J.9..1:..1::1. .................................... day of ................ J.Y..N~ . ........................ , in the year ....................... ~.?..~.?. ................................. , before me, a Notary Public in and for said
. . ..................................... SAN .... D.IEGO ......................................................... . .. .............. County, State of California, residing therein, duly commissioned and sworn, personally
appeared ......................... }J@.GY E • GROVER ...................................................... ~ personally known to me, O proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of ___ T.HE.. ... AMEE.I.CAN ..... IN.SURAN.GE ..... C.OMP.ANY. ............ .
and acknowledged to me that O he:l{X she subscribed the name of .................. T!f!t .. @:E.;.R.I.G.AN ..... IN~Y..R.!.\.N.G.~ ..... G..0.Mf.ANX ................. ___ thereto as
surety, and O hisllher own name as attorney in fact. ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in thi~ificate abov~{~
........ ~~········ ........... : .. ,
OFFICIAL SEAL
My commission expires ... .. . ... •""•• . . ............. A.OJ;i.V.lN ... A,\ .. SlfV.ERS
" NOTARY PUBLIC • CALIFORNIA
390042-1 -83 SAM DIEGO COUHlY ~~t:!}~p 2,_ 1985
• ~
GENERA~
POWER OF
ATTORNEY THr.. :-\MERI CAN INSURANCE COMP A .. "'/
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly ,1rganized and existing under the
laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made. constituted and
appointed, and does by these presents make. constitute and appoint
WAYNE G. PLAZAK and NANCY E. GROVER
jointly or severally
its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof----------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
··Article VIII. ,\ppointmtnt und Aufhorit~· of Rtsidtnt As.sishmt St't·rtlarit.t. und Arrornt_,•.in-Fa<·t und ARenu ro t1ffep1 Lei,ltil Pron•u u'1d Mu/...t Appt'1lrantt.,.
Section 30. Appoir.tmtnt. The Chairman of the Board of Directors. the Prcsidenl. any \'ice-President or an) other person authorized b) 1he Boc:1rd of Directors. 1he Chc1i1rman of 1he Board of Directors. the President or any Vice-President. may. from 11mc to time. appoint Rcsidenl Assistan1 Secretaries and Anorneys-m-Facl to represent and ac1 for and on behalf of the Corpor2tion and
Agents to accepl legal process and make appearances for and on behalf of the Corporation.
Section )I. Authority. The Authority of such Resident Assistant Sccretar;es. Allorneys-in-Fact. and Agen1s shall be::~ prescr,hed in the im.trum~nt evidencing their appoIn1mcn1. .:ind an; 'iuch
.:ippointincnt and all authorit) granted 1hercby may be revoked at any time by the Board of Directors or by any pcr\on empo\l,,ered w make ,u.:h appciintment ..
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
amended or repealed:
··RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by
facsimile, and any power of attorney, any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation ...
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
and its corporate seal to be hereunto affixed this 29th day of ____ ...:Ac-=-u...,q-=U=-=S:...t"---------· 19.TIL_
THE AMERICAN INSURANCE COMPANY
~ w-~-u~~ By _________________________ _
\'i1.e•Presiden1
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
On this 29thday of August . l9_za_. before me personally came Wi 11; am w. Lauber .
to me known. who. being by me duly sworn. did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY. the
Corporation described in and which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument
is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto b} like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written .
..........................................................
: OFFICIAL SEAL : 5 e·-···· SUSIE K. GILBERT i
: .-"' • , NOTARY PUBLIC· CALIFORNIA 5 ! ' • CITY l COWTY OF SAN AtANCISCO I 5 •• My Commission bpires Now. 17, 1980 I i ••..••• , .••••• , ... , ............. " .............. . CERTIFICATE
ST ATE OF CALIFORNIA,
CITY AND COt;NTY OF SAN FRANCISCO
1. the undersigned. Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article VIII.
Sections 30 and :i I of the By-laws of the Corporation. and the Resolution of the Board of Directors. set forth in the Power of Attorney. are now
in force. ., g r) ) --
Signed and sealed at the City and County of San Francisco. Dated the/'i·. day of r/<r(....f / . l~
360711 !HO)-T.A.-3-78