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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 -1- . ' ' 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. -2- , •·-" •• 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 -3- 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, -4- 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: -5- 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 -6- 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. -7- 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. -8- 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 ~~A.../'. -J2. ,A __ ,,., J-.-4~ piresApri122,l ~~ :aiac:'.buntyiiicf State. ··•••••·••J'•••··· II: I&( ~ 1-z Ill > 1-z 0 ... Ill 1-,c II: 0 IL iz:· 0 0 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. •• /:·. ~,. ~ .. ' 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 \ \I-, _'!..,.L.-J.,~""7'", ., \ '>· ~ \C~ \"\_ __ -----.J. -- -,~-------..::-::,J LEGEND: INDICATES TRACT BOUNDARY INDICATES ONSITE WATER SYSTEM I '""T \ \ rJI' u --------- \ ti "T,4)if,4,e.AC£ '·/ ,Af'€. ---.. -·-·--.... -. .............. V) I-I z LLJ r-1 :::iE: LLJ ·> 00 z c::: = c... c:i:: I-::c = z,-..., LLJ I-::E LLJ I-◄ LLJ I-c::r::i LLJ I-◄ I-◄ 0:::V) :I: (..!)Z X c:i::o LLJ 6.0 M.G . 7.,4. P. I €£/111/W.I. (_ IZG"setzVO~ [tlJ/1)€'£ ~ST.) '\ . ' I 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