HomeMy WebLinkAboutSTANDARD PACIFIC OF SAN DIEGO; 1983-07-01; (6). .
AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BOND
12-INCH WATERLINE RELOCATION
CARLSBAD TRACT NO. 83-2
"SEA PINES"
. ,. '
AGREEMENT I
THIS AGREEMENT is made this 1st day of __ J_u_l .::;..y ____ , 19 __J!L,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter called "DISTRIC
and STANDARD PACIFIC OF SAN DIEGO, a California Corporation (hereinafter
called 11 DEVELOPER") in view of the following facts and for the following
purposes:
(a) DEVELOPER is about to present to the City of Carlsbad for
·,
final approval a subdivision map covering property lying within the
boundaries of the DISTRICT, pursuant to the provision 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 map.
(b) Plans and specifications for the construction of the public
water system for said subdivision are being prepared and will be subject
to review and final approval by the DISTRICT.
(c) DEVELOPER is commencing mass grading operations for the entire
subdivision site, and said construction work is as set forth in the
engineering construction drawings prepared by Manitou Engineering
Company of Escondido, California, identified as "Rough Grading Plan
for Carlsbad Tract No. 83-2" filed under Permit No. 283.09,· issued by
City of Carlsbad, Engineering Department, on June 20, 1983, consisting
of three (3) sheets.
(d) DEVELOPER will encroach upon the area of an existing 12-inch
arterial water main, known as "Lateral K" and identified on the attached
Exhibit Map A.
(e) DISTRICT has determined that the proposed encroachment upon
the existing pipeline can be permitted provided that a replacement
... facility is constructed within the subdivision meeting the water
-1 -
service needs of the new development as well as providing the equiva-
lent hydraulic capacity of the existing pipeline.
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. In consideration of the
approval by the DISTRICT for the 12-Inch Waterline Relocation, Carls-
bad Tract No. 83-2, ttSea Pinestt, as shown on the attached plat map --
Exhibit "A", DEVELOPER 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 public work and improvement required to be . done in and adjoining said subdivision in the construction of a com-
plete water system to replace the existing 12-inch water main that is
to be abandoned. All work shall be completed 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 DIS-
TRICT, 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, without any cost or expense
to the DISTRICT. •
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
-2 -
in accordance with the DISTRICT's standard practice. DEVELOPER shall
deposit with the DISTRICT the sum of$ 3,500.00, being the estimated
amount of the DISTRICT's expenses, at the time this Agreement is
executed. Should the DISTRICT 1 s expenses be in excess of the deposit,
DEVELOPER shall pay the excess expenses to the DISTRICT on demand.
Should the DISTRICT 1 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 1 s Manager and the DISTRICT 1 s Engineer,
DEVELOPER shall dedi~ate, 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 1 s engineer.
(b) DEVELOPER, at its own expense, provides to the DISTRICT
all documents and title policies necessary to vest and insure record
title in the DISTRICT to ali 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.
-3 -
The DISTRICT 1 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 1 s Board of Directors, Manager or Engineer, the DISTRICT
is authorized to have the defect causing the emergency repaired,
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 permttted, until the DISTRICT has accepted
dedication of the co~plete water system for the subdivision and title
to all improvements,_;appurtenances, easements and-rights-of-way which
-4 -
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 1 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 $ 64,000.00
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:
9.
To DEVELOPER:
To DISTRICT:
•
Robert M. Allan
Standard Pacific of San Diego
7290 Clairemont Mesa Boulevard
San Diego, California 92111
William t. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
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 oth~rs, and the right to hold legal title to all
-5 -
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 sub-
ject to the judgment, judicial declaration, settlement or other deter-
mination 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 1to 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
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 )nterpretation. This Agreement contains
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, representations
and understandings pertaining to that water system.
14. Attorney's Fees. The prevailing party in any action at
law or in equity, in~luding arbitration, brought to enforce or prevent
the breach of this ~greement, or any provision he-reof, including but
-6 -
.. ' . "'
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.
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.
STANDARD PACIFIC OF SAN DIEGO,
a California Corporation COSTA REAL MUNICIPAL WATER DISTRICT
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation) •111\£ INSURANCE ANDTRUST
STATE OF CALIFORNIA } 5.§. . . COUNTY OF San Diego
before me, the undersigned, a Notary Public m and for July 6, 1983
On -::.; __ ~S~-~E~-2T£h~o~m~p=s=o=n=================:..,__ said State, personally appeared -.
ersonally known to me or proved to me on the basis
~f satisfactory evidence to be the pers.qf c~ho executed
the within instrument as the
President, and Jerry Saxe
personally know~ to me or
-pr_o_v-ed-:---to_m_e_o ... n:-:;th:-:e~b.::a:::sis of sat~sf~ct~ry evidence to be
the person who executed the w1thm mstrument as ~he Assiscanc Secretary of the Corporation
that executed the within instrument and ac~n':'w!edged
to me that such corporation executed the w1~m tnst~u-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand an~ official se~/.
Signature /«/4v tJ, ~ cJ
-7 -
Mi~
Of"FICIAL SEAL
JULIE A. KIRK
NOTARY PUBLIC • CAUFORNI~
P~INC\PAL OFFICE IN ~
SAN DIEGO COUNTY ij
My Commission Exp. Apr. 26, 1985 i
(This area for official notarial seal\
1!1\ !U It· j IEJ IP/ .II;.~ , [!".l"IL! ~;. ocr,,\ If.,
a I'"''' 11 '"'' l'·•ol ,.,o,,., ,IJ l••h•~
D IAJIU/"1fJ "' IF,ltJIAl"D 1, r,n,/46/t,III
0 I•• lo/ jlAOI I ,111 ,,,.tllt•UII 440 ,H,,IArl Tl ,.,.,, • ,,.,, 011,1111
0 ''''""' fl),,. "" "'''' "~~ .. ...,, O '" Jflttll~l1l111"1fl•'llj,/f'P(ll,e,,(',1.,_1.11J
l1J•V41.» 1111/ II ,,,,,,#,,Ill l"rl)#II (Ill r,,1(1,
11'11 T ll1'f1t1• I)
D tU ,_,,Jlllf:IID 1/fl(lf,tJ r, N IJ,l,Pl~l«',,,,.,0
0 (Vf 4'10 '1H ICl"II II IJ/tt111rfll ( r I l-'T1itl H llll'ft ,,,,_~ t· IM •l1l11f) 1,1,.IJM flfll}I IM.'l•iltt l,t' {\Ml{IIVl/lilf W'W'I
,~•1''1/ Jl{)""i AJttl,r,11 It IP.II ,,,~.,ti~
a l(l)"II uu fUIV r,.. "'''"' /Nf , ..... N ANAll11,ufl l,tAOl/111 lflllll/flll (Ill ffd,"'1tl fF
''" fl'II, NO car • a "~'I''"'' ,,,,,,., 1,11.,,., tu, 1111111 1111 ur110,o,r, """' ,,., Mt'>'''""'' ()# ,.,,rl 1 , tit' urr11.'¥ ,, o, , "'f1'lt
J.4,>ir1f1Pi't' 1111-AO, # Ill'" .II Jt,,(N 111◄1'1:J All A
IUt.)/'IU4.I (IUMSl{J,111 I' t,f1 lllrlt'l'I
~!Ll,!Hlll!P/.ll.,~. 1u,oiy1n~
0 O~t,~H> ,,.,,,,1) IJJI &,1Jll1',1tON• """W-'fN4J11f(tll1JII/••) o O/lltJ1,r IOI OIi/,,• o 1·,,1n1t1 1"1111,1 10 ., tJ N1"-\>jlO 11:,Jttl,I l'O
0 IV!,, A•'l 4 IJ I ,r,'
C fl!" 111,14161~ I' (111filllt't Vfllf'I M-
O 1'fAl J11144lt i Cl' llfY JW•'N Ill
D ft/I" 11111'1-'IM,r/l)N -.... ----
,. ... _ -p~::~'---
u,1i,i.,_
·~_P!!~~ --·-· -~::-:,,-t·--·--,oi&• .. WI& Ill u I ••• "' n n , .. •*'
:::::::·~. iifr~i•; ,iHt -llfU'I' IW!•Jt,
V-,'i!../IIAIA~Q<C: _ IUVDI\..Q]][~l§l
~' ,IC ilj,.:.,}.Y,IF.JQ~
o '" A•D l1t<'IKtr'1ft JIit CJ-Uil 141' lllt"l~1r{'dMMl(Y Q It I I ''At()NE ,,,r,11( fl Ul"'W(}ffl ti141Prflit
O •JI(~ t,,, ft' C,UtJl40
U f/011"" O~AIN • (t' (), $Iii/ 01(1,'1 ( /'1-'I I)
0 ,,,, 4-'Nl/('fllll r11, ,, ru-d/11/)
O .l(",\'tA~I tANltlAD ,,.,,1,/0 I~ Dtlr,lt'r
o ,, .,~ r,,,,, ""'' """
u,LNtrLMAl!. NfS
AGREEMENT I
.... , ......
; ..
_,
-1
r-, ...
l) :.::; :.:::
__ ,,_ l/ltOlt"'ffl lfllll ,,,,,~v (t\JIIOI M,u J
_,,,---------,. _,..,_,_
-• .,,__,_
-1t•+>--• 'v='v' ...
l/ll#lt41TI l,lktl ,,,,,., (l111r,,.. '"'"'•'_,,,,~O I
-~,,, •• ,,, ,,., ,,,,,,,.,,l'rtr,-.,110)
TENTATIVE MAP
APPROVED APRIL 19,1983
BY CITY COUNCIL
RESOLUTION 7191
Jf,"f(IAflJ l',f('ll/1(' II J,1,1 ~'"II
,n,, n,,,."~"'' .,, .• ,. 11,a, ''"' "''~~."' '"" /)N,'A'' (IJII ll'f /,Ur
m,, "e~~ )/I•~"~.--.., _ om .L..:J.u : ~ S 114.~U-6.AHAN,l'tllitl
"!
PGitFORMANCE BOND
c4
FIREMANS FUND
INSIIIIAIICE COMPANIES
C
FIREMAN'S FUNO INSURANCE COMPANY
THE AME:RICAN INSURANCE COMPANY
NATIONAL SURE1'V CORPORATION
A~~OCfATE.O INDEMNl'rY COFlPORATION
AMER!CAN AUTOMOBILE INSIJ R'ANCE COMPANY
~d No. C--~GR_]ll 97 73
The premium for this bond is $ 3 2 0 • 0 0
payable in advance and subject to adjust-
ment at current manual rates.
KNOW ALL MEN BY THESE PRESENTS: That we, STANDARD PACIFIC OF SAN DIEGO
as Principal, and THE AME RI CAN INS URAN CE COMP ANY , a corporation organized under the laws of the State
cl NEW JERSEY and duly authorized under the laws of the State of CALIFDRN.Tho become sole surety on bonds and under-
taking, as Surety, are held and firmly bound unto COSTA REAL MUNICIPAL WATER DISTRICT
as Obligee
in the lull and iust sum of SIXTY-FOUR THOUSAND AND NO/100------------------------------
Dollars, ($ 6 4 , 0 0 0 • ) , lawful money of the United States of America, 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 ALL OF THE
WATER IMPROVEMENTS AS SET FORTH IN PLANS FOR WATER SYSTEM TO SERVE SUBDIVISI
LANDS FOR CARLSBAD, SEA PINES SUBDIVISION, CARLSDAD, CALIFORNIA
as is more specifically set forth in said contract, to which contract reference is hereby made;
Now therefore, d 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 specifications, 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 6TII day of JULY 19 83
STAN---DIEGO
BY:
THE AME RIC~·--INSURANCE CDr·!R_AN_Y ___ _
Surety
A tlorney-in-Fact
360039-5-65
ATTORNEY IN FACT ACKNOWLEDGMENT
~!:!: 0~F ~~o~~iGo ................................... f •·
On this ............. 6.T.U. ............................................ day of .............. J.U.LY ..................................... , in the year ................. l.5l .. 8..3.. ................................ -, before me, a Notary Public in and for said
................................ SAN ...... DIEGO .. _·······················-------· ... County, State of California, residing therein, duly commissioned and sworn, personally
appeared ....... H.J.;; .. ~.N ...... MA.L.QN..t.;X ...................................................................................... ~ penonally known to me, D prond to m,e on the balls of satldactery mdenee
to be the person whose name is subscribed to this instrument as the attorney in fact of .... T.Xll;; ...... A.ME.R.l.C..l>.N INS UR1\,NCE COt'.iP ANY
and acknowledged to me that D be ~ she subscribed the name of ........ 'l.'IIE .... AM.E.RI..CAN.. .... I.N...SJJ..RAN....C.~-C.Qf·1P ANY thereto as
surety, and O his [j{her 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 this certificate above.
CAT. NO. NN00737
TO 1945 CA (7-82)
( Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego
_]JA:.J~---
My commission expires _____________ _
•TTJ\EINSURANCE ANDTRUST
ATICDR~
On July 61 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared Robert M. Allan
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 -------
------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
---------Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand ~d offi~
Signature /4t£ a-~ tJ
-~~
•• o OFFICIAL SEAl
mJ ~ ... ~ JULIE A. KIRK I NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE lN
SAN DIEGO COUNTY
.,. Y Commission Exp. Apr. 26, 1985
(This area for official notarial seal\
\ GENERAL
POWER OF
AT-fORNE\'
. '
,,,.
~ -~
Tfm',AMERICAN INSURANCE CO~Y
'. . ..
KNOW ALL MEN BV THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly oraanized 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 docs by these presents make. constitute and appoint
-----HELEN MALONEY-----
its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute, seal. acknowledje and
deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof ------------------••-------
and 10 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 premi!lts.
This power of auorney is granted pursuant to Article VIII. Section 30 and 31 or By-laws or THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article Vlll,-Appointment and Authoriry Assistant 1ecretaries, and Attomey-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors, the Chairman or the Board or Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistanl Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process ■nd make appearances for and on
behalf of the Corporation.
Section-JI, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered 10 maki: such appointmenl."
This power of anorney is signed and sealed under and by the authority of the following Resolution adopted by the Board or 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 or any power of anorney. 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 1hesc presents to be signed b)· its Vice-President.
and its corporate seal to be hereunto affixed this __ 2_2_n--'d ______ day of __ __;S;..;e;;.ip._t.;;;;.em=.;;;;b..;;e;..;;.r _____ 19 ~ •
THEAMERKANINSURANCECOMPANY
By __ t._,o ___ ~_L.,t_f_◄_•_..,_.,.,.....W_..,......,•_c:::,,..= __ !::i: __ .. _+r_..-_,_•_•_, __
v;.,.,.Pr .. idcn1
ST ATE OF CALIFORNIA,
CITY AND COUI\TY OF SAN FRANCISCO
On this 22nd dayof September I 19 fill__. bcforemeper~onallycame William w. Lauber
10 me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE CO!\1PANY, the Cor
poration described in and which executed the above ins1rument; that he knows the seal of said Corporation; that the seal affixed to the said ins1rumen
is such corporate seal; thal it was so affixed by order of the Board of Directors of ~aid Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto sci my hand and affixed my official seal. the day and year herein first above written.
■u111u111111• ........... ,u1111111n11111111w11u1111 ■ i OFFICIAL SEAL ! I ~· ,M.. • • SUSIE K. GILBERT i •
•· l°" -·~• NOTARY PUBUC -CAUFORNJA ! ~ an & COtlNTY Of SAN Awmsco I ! " • My Commi51ion Expires ""· 17, fflO ■JHIIIIIIIIIIIIIHIII .... IIIW ___ _
ST A TE OF CALIFORNIA,
CIT\' AND COUNTY OF SAN FRANCISCO
NowyPutolic
CERTIFICATE
I, 1he undersigned, Residen1 Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER
TIF'r' 1ha1 the foregoing and auached POWER OF ATTORNE'r' remains in full force and has not been revoked; and furthermorr lhat Article VIII, Se.:
tions 30 and 31 of the By-laws of !he Corporation. and the Resolution of the Board of Directors, set for1b in the Power of Anorney, are now in force.
Signedandsealeda1theCilyandCoun1yofSanFrancisco. Da1ed1he 6TH da\'Of ___ J_U_L_Y _______ , l',I ~
-----• ~~,\-id_:t'n:::1::A:..~,..:i:..:,a:_:~:::_~~~~~:::::::=:,9:!-~~==-