HomeMy WebLinkAboutTreetops Unlimited (Pacific Scene Inc & Financial Scene Inc); 1985-06-11; (4)WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
CARLSBAD TRACT 83-21 -UNIT NO. 2
VILLAGES O AND P-1, CALAVERA HILLS
Agreement No. 2 -Offsite Improvements
, . '
This Agreement is entered into on _____ J_u_n_e_l_l ___ , 198__i_,
between COSTA REAL MUNICIPAL WATER DISTRICT {hereinafter "DISTRICT'')
and TREETOPS UNLIMITED, a Joint Venture of PACIFIC SCENE, INC. and
FINANCIAL SCENE, INC. (hereinafter "DEVELOPER") with respect to the
following:
A. DEVELOPER i s about to present the ma p i dent if i e d as " Car 1 s bad
Tract 83-21 -Unit No. 2" (the 11 subdivision") to the City of Carlsbad
for final approval under the Subdivision Map Act of the State of
California and in compliance with the provisions of the City of
Carlsbad's ordinances applicable to the filing and approval of subdivisio
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 11 Plans for the Improve~ent of
Carlsbad Tract 83-21 in Unit 2 of Villages 1 0 and P-1 1 " consisting rif
twelve sheets, and are incorporated herein
The plans and specifications for the water
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by reference ("plans").
imp rot:~~~~~:·,~"-~h i ~'~ • a-ta_ .t
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the subject of this Agreement, are set forth on sheets 6 through 10
of those plans ("improvements"). The DISTRICT Board of Directors has
approved the plans.
C. There is an increment of the 14-inch "low-pressure" water
main to be constructed in Tamarack Avenue from its intersection with
Harwich Drive to the existing 12-inch water main serving the new
6.0 million gallon Tri-Agencies Pipeline Terminal Reservoir (as shown
on Exhibit ''A" of this agreement) that has not yet been designed due
to the need for complete design of the street system first.
D. DEVELOPER 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. 1 -Onsite 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."
E. 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. Preparation of Engineering Construction Drawings. DEVELOPER
agrees to have prepared a complete set of engineering construction
drawings for the water system comprising the 14-inch low pressure
water main to be constructed in Tamarack Avenue from its intersection
with Harwich Drive to the existing 12-inch water main serving the
new 6.0 million gallon Tri-Agencies Pipeline Terminal ·~es\!rvoir. The
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final plans shall be reviewed and approved by DISTRICT prior to
commencement of construction.
2. Construction of Improvements. DEVELOPER agrees to construct,
or cause to be constructed, all of the offsite water improvements set
forth in the plans as described in Section B, Page 1, as well as the
14-inch low pressure water main to be constructed in Tamarack Avenue
from its intersection with Harwich Drive to the existing 12-inch water
main serving the new 6.0 million gallon Tri-Agencies Pipeline Terminal
Reservoir 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.
3 . Inspection Fees and Deposits. DEVELOPER agrees to pay to
the DISTRICT, on demann, 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 D!STRICT'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 $7,200.00, being the estimated
amount of the DISTR!CT'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,
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the DISTRICT shall refund the balance to DEVELOPER upon completion
of the work and its acceptance hy the DISTRICT.
4. 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
OISTRICT'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 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, documen1
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.
5 . Interim Maintenance of Improvements, DEVELOPER shall be
responsible for the care, maintenance and repair of all damage to the
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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.
6. 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,
without notice, at the expense of DEVELOPER, and DEVELOPER shall pay
the cost thereof upon written demand by the DISTRICT.
7 . 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 improveme
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 temporar
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water services may be allowed under terms and conditions agreed to
between the DISTRICT and DEVELOPER.
8. Bond or Other Guaranty. DEVELOPER shall furnish and deliver
to the DISTRICT a performance guaranty in the penal sum of $289,700.00
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.
9. 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:
10.
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
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
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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.
11. 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.
12. 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.
13. 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.
14. 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 offsite 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
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over any conflicting provision of any other related agreement
insofar as they pertain to offsite 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, representations and understandings pertaining
to that water system.
15, 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 attor~ey's fees and costs incurred in such action,
including those incurred in any appeal,
16, 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.
COSTA REAL MUNICIPAL
WATER DISTRICT
STATE Cf' c.ALIRIOOA)
cnJNIY Cf' SAN DIBJ)) ss:
Cm ~his 29th day of May • 19ss, before rre, the undersiped, a Notary Public in anc
for said O:>Wlty and State, pera::nally appared JOHN J. SUM1ERS , proved to me on the bal
of satisfactory evidence to be tbe VICE President' and D.W. MACKAY
known to rre to be the VICE PRESIDENT ~. of PACIFIC !Cbit, l?C., the corporation
that executed the within iiistrunent on hebalf of said corporaticxi, said corporation being krn
to me to be one of the joint ventures of '11U:£ICR> UNl.Jl!I'I'ID, the joint venture that executed
within instrurent, and acknowledied to ~ tbat such corporatioo executed the same, both indi-
vidually and as joint venturer of said joint venture, and that such joint venture also execu1
the same.
WITNESS my hand and official seal.
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STATE OF CALl~RNIA n •
COUNTY Sf ~U I . v-Ugo . , . SS. .
On this ·L day ot J1.,\(4'._ 19 JS:. before me, the undersigned, 11 Notary
Publii;.,j,l and for s11id county and state, personally appear~ 1 ;J . , n[Ut'/1 [j)('S5f'f , and JJ.!WfU rrrlld Ufi r;
known to me (or proved to me on the basis ot satisfactory evi.dence) to be the
V 1Ll' '-'="---~"-'-;----i.......-s..,,etary.
respectively ot
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
corporati n, said corpprahon b ing known to me to be one of the joint venturers of
• • r ) 1 .,µ:>. , the joint
venture thllt executed the within instrument and acknowledgeel 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.
Notary Public in and tor said county and state.
FORM· CJV
OFFICIAL SEAL
KATHY LYNN GOMEZ
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires April 22, 1988
Sam;:rley ot Conrracf
FOR NOTARY SEAL OR STAMP
OFF!CIAL SEAL
ROBIN KDE KOLD
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO CDIJfm
My comm. expires AUG 30, 1988
CT 83-21 ------------U ,VI T NO ..3
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LEGEND:
~-• INDICATES HI PRESSURE OFFSITE WATER SYSTEM
---INDICATES LOW PRESSURE OFFSITE WATER SYSTEM
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' ·?ERFORl:.iANCE BOND
lt-:Slll!At-:Ct COMl'ASIES
FIRIE:"'AN•S FUND INSUFilANCE C01i4PANY
TtiE A.IM£~,CAN INSUflANCE COMPANY
NATIONAL SURETY COAPORATtON
.t..SSOCIATE:D tNOEli4NITY CORF'ORATION
Aa,!!EiAICAN AUTOMOBILE INSU'RANCE COMPA.i,.IY
1-<O"'E: OFl"ICE; SAN FRANCISCO. C"LIFORNI,_
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.,; ocnd No. C~ 731 _5_1_8_0 ____ _
The premium for this bond is ! 1,449 •
pcrycble in advance and sur.;ect to cdju:
:nent cl current manual rctes.
KNOW ALL MEN BY THESE PRESENTS: That we, TREETOPS UNLIMITED, A JOINT VENTURE COMPOSED OF
PACIFIC SCENE, INC. AND FINANCIAL SCENE INCORPORATED
cs Principal, and THE AMERICAN INSURANCE COMPANY
o! NEW JERSEY and culy authorized under the laws of the State of
tc:l:ing, cs Surety, are held and firmly bound unto
COSTA REAL MUNICIPAL WATER DISTRICT
, a corporation organized under the lcwa of the Sta
CALIFORNIA to become sole surety on bonds and uncle
• as ObligE
in the full end just sum of TWQ HUNDRED EIGHTY-NINE THOUSAND-SEVEN HUNDRED AND. N0/100----------------
Dc!lc~s. ($289,700.00 ). lawful money of the United States of America, to be paid to the said Obligee, successors or assign
ior which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and as£igns, joint]
c~d severally, firmly by these presents.
?he Condition of the cbove Obligalian is such .that whereas the said Principal has entered into c contract of even date herewith wl1
the said Obligee to do and perform the following work, to-wit:
DEVELOPER AGREES TO CONSTRUCT OFF-SITE WATER SYSTEM TO SERVE CALAVERA HILLS UNIT #2,
CARLSBAD TRACT 83-21 OF VILLAGES."0 and P-111 -IN ACCORDANCE WITH AGREEMENT 112
(ALSO KNOWN AS THE.KNOLLS OF CALAVERA HILLS -CARLSBAD, CA)
, as is more specifically set forth in said contract, to which contract reference is hereby made;
. ,
1
Now lherelore, if the so:id Principal shall well and truly do the said work, and fulfill each a:-:ici every of the covenants, conctitiomi ar.
rec;;:.liremenls of the said contract in accordo:nce with the plans and specifications, then the above obligation to be void, otherwise i
remain in full !orr:e and virtue.
No right of action shall cccrue under this bond to or for the use ol any person other than the Obligee ncmed herein.
Sec:!ec! with our secls and dated this 10th day of JUNE , 1985
·~~V::~ l.A.,l~........,V?
THE AMERICAN INSURANCE COMPANY
360039-5-65
SI'ATE CF CALIFt:llNIA)
~ CF SAN DIED) BS:
• Qi this 10th day of JUNE , 19as, before me I the unders1.iJ1ed I a Notary Public in and
for said Cbwity and State, personally &ppellred JOHN J. SUMMERS , proved to me on the bas
of satisfactory evidence to be the VICE Presidenl:arul DENNIS M, FERDIG
known to me to be the VICE PRESIDENT SRtel;Uy. of PACIFIC ~' I:OC. ' the corporation
that executed the Within lnstrunent oo behalf of said corporatiac, said corporation being kno
to me to be one of the joint ventures of 'IREE'ICR; UNLIMrrm, the joint venture that executed
within instrurrent, and acknowlqed to me that such corporation executed the sane, both indi-
vidually and as joint venturer of said joint venture, and that SUCh joint venture also execut the same.
WITNESS my hand and official seal.
-]~~ and State,
STATE OF CALU-v.ruun ,
) ss.
COUNTY OF SAN DIEGO)
Ml\';( I O 1985 before me the undersignfd,. a Notary Public On __ M __ ~-~~, '7: r, fl fe I-L, '
in and for said State, personally .ap~=~:dof£,s~~:Sfac~ory evidence) to be the
kf!own to me (or proved to me on ~ /:,~fl_-WE..S.Sc L known to me (or
£-k., t)'--&-B-« Preside~t a;d ati~~ctory I vidence) to be, the _.:VIL,'!...LP~·-----
ptoved to me O. the pa~l.~"-''s~U, ~HL, -, the corporation that executed' .
seci;:eea~y of 'f\.Cv~ -t be the persons who executed the within the within instrument and known to ~-o said corporation being one of the
instrument on behal~of ~aid cor~±J , the Joint Venture that.
Joint Venturers of /~Yl'Q..(J I k id ed to me that such corporation
executed the within i~, and ac now~ ~hat such Joint Venturer executed executed the same as such Joint Venturer an
the same.
WITNESS my hand and official seal.
[SEAL] -} L, ). Gul.n~~ • c=»--9,0'.\,"A ,____, , ~ -" • • .·.,•,c,•..:6;~w Notary Public in and for said
,, LEANN W. CARLOS county and State NOTARY PUBLIC·CALIFORNIA
\ ' . .• ~t =~::,066~~~
•.,,~:;':ommission Expires Apr. 24, 1987
·:.: =~· .,.,.--·
ATTORNEY IN FACT ACKNOWLEDGMENT
~!~; o~F .. c~~~Sik.'b.v ....................................... f ss.
On this ................. 10.th ...................................... day of ................ J.JJ.N.E ...................................... , in the year ......................... ~~.~.-?. ........................... , before me, a Notary Public in and for said
............................................. SAN .... DIEGO ....................................................................................... County, State of California, residing therein, duly commissioned and sworn, personally
appeared ............................ N.@.G.X ..... ~.~ ..... .G:R.QY..:§.R ................................................................... IXl}personally known to me, O proved to me on the basis or satisfactory evidence
• b ·b d th· • t t as the attorney ,·n t:act of THE AMERICAN INSURANCE .... .COMP..ANY ..................... . to be the person whose name 1s su sen e to 1s ms rumen .............. .... .. ...
k I d d th t D h r.t h s bscn·bed the name of THE. A UT1RICAN ..... INSURANCE .... COMl?.,ANY. ................................................ thereto as and ac now e ge to me a e !..LI. s e u .............. . .. ~
surety, and □ his:0:her own name as attorney in fact. . . abovy/
IN WITNESS WHEREOF, I ha,< he,e,,to "' my ha,d ,ad affi'<d my official •::•:_:~,::z:~:7_:z~----
• '!o4N.;,;s;ta~r"°-P2ib.c:J'i-.c-:i..::."°'"'i:::..c:.._..:i,,,,=-""°"""""
3IIO(W2-I ·II>
My commission expires ..... : ....... : • • ............. ;1~i!7~'.'; .. ::.:.~
m. • • NOlARY PUBLIC • CAUFORNl1
• • • SA:'ll DIEGO cou,m
!. , ,;:. lb romm. exllim SEP 2. 1!11!
• GEN£RAL .
POWER OF ...._
ATTORNEY
(' • J ;, ',
TH~MERICAN INSURANCE COMP~
•
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized 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 Allorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge an<l
deliver any and all bonds, undertakings, recognizances or other written obhgations 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 Atlorney(s)-in-Fact may do in the premises.
This po~·er 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.
Se,;1ion 30. Appo.,umtnr. The ,Chaarrn~n of the Board of Dfrt-cl4:tr"S. th~ President. any Vic-tLPres1dcnt or_ ~my uthr-r person autho,riz-td b) lh-t Bn.:1rd of [hrtcton. the-Ch,i:mmirn of the Bond of
Dir-rctOr!ii. Ihc Prcsiden1 or any v,cc-Prts)dcnL may. from lime to c1nu:. appotnI Rts.tdcnt As.!iist.ar,t Se-ere tan.es and Atl(tmit:i,s-in-Fact 10 rirpre,enI i::lnd act f rir -l!lnd on bthalf o( 1hc-Corporal ion ilnd
Agent5 to •ccep! 1<101 p,oc .. s and m•k• appnr■nces for and on behalf of lhe Corporation.
Sc-~I~on 3 ~. A.:.1th11ril_\·. The A.1.uhofaIy of ~uch R.r-s~dtnl A.!t.slsum1 Xcrctatiet-. Altmni:ys.•in~Fatt. and Ag-e:nt-s shaU be-.::.!!-pre!icrlhed in the in~lrumtn1 tvidc.-ncina: their appointmrnt . .c1nd .ilnr ~u,h
apfK1inImrnI tfld .all au1horic) ,:ranted Ihrrrb~· ma~ he rr°"oked al any time b),' the Board of Dirtcton or by iny p,,rn,on cmpo,.cr~d l('I make .,u,h app<t,i"1mcn1 '"
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 certificale relating thereto. by
facsimile. and any power of attorney, any revocation of any power of attorney. or certifici!te 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 preserits 10 be signed by its Vice-President.
and its corporate seal to be hereunto affixed this 29th day of ____ -'A'-'-=u-"'g'--=U,._,S"-t,._ ______ _ 19lL
THE AMERICAN INSURANCE COMPANY
ST A TE OF CALIFORNIA,
CITY A"'ID COUNTY OF SAN FRANCISCO
On this1.9.tbday of August . 19___IB___ before me personally came Willi am W • Lauber .
to me known. who. being by me duly sworn. did depose and sai, 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 ins1rument
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 by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written.
■IUIIHUIIHUloll ................................ 1111■ 5 OFFICIAL SEAL !
E 0•-;· '• SUSIE K. GILBERT 5
! ~-... •• , NOTARY PU!UC • CALIFORNIA i
: • •• _ aTY & COUNTY OF SAit FRAHCISCO 1•
: .. My Commiuion b.pil'l!S No,, 17, 1980 f IUIUIIIIUUlllllll .... 11 .... BIH-....... NII CERTIFICATE
ST A TE OF CALIFORNIA,
CITY AND COl:NTY OF SAN FRANCISCO
I. 1hc undersigned. Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. 00 HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furihermore that Article Vlll.
Sections ~O and •1 of the By-laws of the Corporation. and the Resolutio_,nn __ ,P-f the Board of Directors. set forth in the Power of Attorne)'. are now
in force. rz_ ~ •
Si"ned and ~ea led al the Citv an<l Counlv of San Francisco, Dated th//" d-~, of ~v;__ . l9j':.S--: ~ , . . (I