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HomeMy WebLinkAboutA2220 - RATTNER INVESTMENTS SUBDIVISION TM20358 Rattner Investments No. 11l _ PW0358 Subdiv Imprvmnts AGREEMENT #2220, 6-20-85 Signed by CM, Res 13604 CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT _� N 2 x, y THIS AGREEMENT, made and entered into this day of 19 by and between RATTNER INVESTMENTS hereinafter collectively referred to as Su divider and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS , Subdivider has prepared and filed a final subdivision map of parcel No . 70458 in the City of Palm Springs, County of Riverside, for approval by City; and WHEREAS, as a condition Drecedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS , Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an agreement with the City to construct certain improvements; and WHEREAS , the total cost of such improvements has been estimated by the City Engineer to be approximately $ 195,107,00 ; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . Subdivider, at his sole cost and expense , shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements , as shown on the "Improvement Plans for parcel Man O'1B8 " , a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety business in the State of California on forms approved by City, one bond in the sum of $ 195.107 to assure the faithful performance of this Agreement, and one bond in the sum of q7 BS4.nn to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements. The developer shall furnish a maintenance bond at the time of execution of this agreement in the amount of $ ?Q 266 0O which shall remain in effect for a period of one year from date of acceptance of the improve- ments . 3. Before final approval of street improvements , the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract Map. The Subdivider, after setting the monuments , shall furnish the City Engineer of the City of Palm Springs , written notice of the setting said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments , or as provided for in the Subdivision Map Act. Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid , the subdivider does hereby agree to furnish a good and sufficient bond in the amount of $ 2,700.00 to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. B. Subdivider shall guarantee such improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Parcel Mao 20358 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11 . In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend, and hold the City harmless from any losses , claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVID R- By: By: Add�ress5�7 h�®-ne>v12.a La5PrN 'l�A- i City CITY OF PALM SPRINGS , CALIFORNIA i City Clerk City Manager REVIEWED & APPROVED CITY OF PALM SPRINGS BOND NO, 3SN 651 713-00 FAITHFUL PERFORMANCE BOND PREMIUM: $3,512,00 WHEREAS, the City Council of the City of Palm Springs , State of California, and RATTNER INVESTMENTS No. III (hereinafter designated as "principal " have entered into an agreement whereby principal agrees to install an cQmR1 � certain designated public improvements, which said agreement, dated .��N L y J9 19 and identified as project Parcel Map 20358 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURAEE COMPANY RERS MUTUAL as surety, are held firmly bound unto �he Cit� q.f Palm $pri s, he einafter called ("City") in the penal sum of One-hun red an inety-fivehgousanc�,one-hundred and seven dollars ($ 195,107) lawful money-of United States , e payment-of sum well and truly to be made, we bind ourselves , our heirs, successors, executors and administrators , jointly and severally, firmly by these presents . The condition of this obligation is such that if the above bounded principal , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers , agents and employees, as therein stipulated, then this obligation r shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications . IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 10 1985 . , ATTORNEY-IN-FACT STATE of CALIFORNIA COUNTY of Los Angeles Ss. On June 10 1985 , before me ' a Notary Public in and for said County and State, residing therein,duly commissioned and sworn, personally appeared Fa x Joseph E. Cochran W personally known to me (or proved to me on the basis of satisfory evidence) to be x Attorney-m-Fact of w AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY ^^.^.•^.^^^............ ^'^^^'^...... .a OFFICIAL SEAL the corporation described in and that executed the within and foregoing instrument, and ? A d known to me to be the person who executed the said instrument in behalf of the said = -"j., Bronwyn Murdock F" corporation, and who duly acknowledged to me that such corporation executed the same. F notary Public •Cnliforni>t m Los Angeles Counh € MYCommission Ezpires4r.29,1988 E IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the """"""..... """""' day and year %ta�tse�d'�9 this certificate above This area for Of(ccea(Notarial Seal Signature r � A • CITY OF PALM SPRINGS BOND NO, 3SN 651 713-00 LABOR AND MATERIALS BOND PREMIUM: Included in Performance Bond WHEREAS, the City Council of the SCit f Palm Springs, State of California, and RATHER INVESTMENTS N0. yI1R (hereinafter designated as "principal " have entered into an agreement whereby principal agrees to install and 'complete certain designated public improvements , which said a reem nt, d t d �Vh I, �s ',i 19 and indentified as project K rce�f Map 0 58 — is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , subcontract- ors , laborers , materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Niiffl9imtsandto en thousand five hundred and fift -four Dollars $ for materials furnished or labor thereon of any kind, or for amounts duehe Unemployment Insurance Act with respect to such work or labor, that sai will pay the same in an amount not exceeding the amount hereinabove setand also in case suit is brought upon this bond, will pay, in addition re amount thereof, costs and reasonable expenses and fees, including reaattorneys fees, incurred by the City in successfully enforcing such obl to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to r the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and • effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, ' and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 10 1985 , RATTNINV ATTORNEY-IN-FACT _ STATE of CALIFORNIA COUNTY of_tor,-Ange-1{s SS. On �7� e_ --0I o$r� , before me a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared W wJOSeph E. COel3ran personally known to me (or proved to me on the basis of satisfory evidence) to be Attorney-in-Fact of W TT TT BUR NCT ................rr rrr rr rrr r,.,. a R3�I�T-MANi3F-AC-TUR�R�i�IlTT�I=,a��ou�,.�r;-C-OM�AN3� ..,r..r,r.rr,.,r,r„r,.,r,r.,r.rr.rr,r p„ the corporation described in and that executed the within and foregoing instrument,and ` OFFICIAL SEAL d known to me to be the person who executed the said instrument in,behalf of the said '- Q Bronwyn Murdock corporation, and who duly acknowledged to me that such corporation executed the same. Notary Public -California S Los Angeles County • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the .rr.. My commission Expires Apr.29,1998 rrr.....„...„rr. ..............r,.rrrrr'• day and year t .4n this certificate abov�v' 7 �,.• �"'" �F " �6 � This area for Official Notarial Seal Signature •OND FOR MAINTENANCE OF IMPROVEOTS BOND NO, 3SN 651 713-00 (Subdivision Agreement) PREMIUM: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That We, RATTNFR TNVFSTMFNTS N0 III as Principal , and AMERICAN MANUFACTURERS MUTUAL, INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Twenty-nine thousand two hundred and sixty-six Dollars ($ P9,P66. ) , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind our- selves , our heirs , executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Palm Springs , pursuant to the authority of the Sub- division (tap Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 20358 , and whereas this bond is required by said City in connection with the execution of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs, California. F NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace e and repair any and all defective materials or defective workmanship with said improvements , then the above obligation to be void; otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees , incurred by the City in successfully enforcing such obligation , all to be taxed as costs and in- cluded in any judgment rendered. ' The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. ATTORNEY-IN-FACT STATE of CALIFORNIA COUNTY of LOS Angele Ss. On June 10, 1985 ,before me a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared W a Joseph E. Cochran u personally known to me (or proved to me on the basis of satisfory evidence) to be Attorney-in-Fact of W AMERICAN MANUFACTURERS MUTUAL, INSURANCE COMPANY ....""""".""'."'^^,,,......•......^ .a OFFICIAL SEAL p, the corporation described in and that executed the within and foregoing instrument,and gg'-J, Bronwyn Murdock d known to me to be the person who executed the said instrument in behalf of the said ? .);.^ Notary Public ^California corporation,and who duly acknowledged to me that such corporation executed the same. Los Angeles County MyCotnmission ExpiresApr.29,1988 _ ..,..,.,,„.....„„..........„„..... IN WITNESS Wit� EOF, I have hereunto set my hand and affixed my official seal,the day and at n this certificate above �'" This area for Official Notanal Seal m Signature - � � M + AMERICAN MANUFACTUREROUTUAL INSURANCE COMPANY Home Office: Long Grove, IL 60049 r-1 POWER OF ATTORNEY 1 J Know All Men By These Presents: =GROUP That the American Manufacturers Mutual Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,does hereby appoint ********************************** Howard Siskel; Richard Adair; Dennis Dalton; P. R. Evans; Evelyn M. Phillips;************ Joseph E. Cochran; all of Burbank, California (EACH)************************************* its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Manufacturers Mutual Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Manufac- turers Mutual Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Manufacturers Mutual Insurance Company on May 20, 1981 at Long Grove, Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED,That the signature of the Chairman of the Board, the Chairman,the President,any Vice President, or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,maybe affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 19, 1981 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Manufacturers Mutual Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,this 23rd day of October , 19 84 Attest and Certified: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY ,, By R.H.Johnson,Secretary G.H.Kasbohm,Vice President STATE OF ILLINOISk COUNTY OF LAKE ss I,Margaret Redmore,a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Manufacturers Mutual Insurance Company,a Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires:July 6, 1988 Margaret Redmore,Notary Public FN836-3 7-84 iM PRINTED IN U.S.A. Power of Attorney—Term CERTIFICATION I,,Svnn L.;Johanson, Secretary of the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated o - ob .r 23, 1984 onbehalfof same as above.***************** is a true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G. H. Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Manufacturers Mutual Insurance Company on this 10th day of juIIe , 19 FIS fi Sven L.Johanson,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. F-N 836-3 7-84 1 M + BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agreement) BOND NO. 3SN 651 714-00 PREMIUM: $49,00 KNOW ALL MEN BY THESE PRESENTS : That We, RATTNFR TNVFCTMENTS NO. III as Principal, and AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Two thousand seven hundred Dollars ($ 2,700.00 ) , lawful money of the United States of America, for the payment which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has, or is about to enter into the annexed agree- ment with the City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Sub- division Ordinance of said City, for the setting of survey mon- uments in accordance with the provision of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Tract Map, and WHEREAS the Principal, after setting the monuments, agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments, all in accordance with the requirements of City' s Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shall make full payments to all contractors, their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement in the prosecution of the work provided for in said agreement, then the above obligations shall be void and of no effect; otherwise, it shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates rind agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work or improvements to be performed thereunder or to the plans or specifications attached to said agreement shall in any wise affect its obligations on this bone , and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the agreement or to the work or improvements or to the plans or specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay in addition to the above specified sum all costs incurred by the City in such suit, including a reasonable attorney' s fee to be fixed by the Court. WITN SS OUR HANDS this loth day of June 19 85 RATTN INVl NT 1 - ---AMERICAN MANUFACTURERS MUTUA-Y, B INSURANCE COMPANY Principal Sur ty ENG. EF 8 t� 7 9/5/75 BY= fir'4, ATTpRNE IN-FACT � F9 F CQCHRAN ' :.� . _ Y i � i J � � � y AMERICAN MAN UFACTURER4UTUAL INSURANCE COMPANY • �=—, Home Office: Long Grove, IL 60049GROUP POWER OF ATTORNEY 1 J Know All Men By These Presents: That the American Manufacturers Mutual Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,does hereby appoint ********************************** Howard Siskel; Richard Adair; Dennis Dalton; N. R. Evans; Evelyn M. Phillips;************ Joseph E. Cochran; all of Burbank, California (EACHJ************************************* its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Manufacturers Mutual Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Manufac- turers Mutual Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Manufacturers Mutual Insurance Company on May 20, 1981 at Long Grove, Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the Chairman,the President,orany Vice President,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED, That the signature of the Chairman of the Board,the Chairman, the President, any Vice President, or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 19, 1981 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Manufacturers Mutual Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,this 23rd day of October , 19 84 Attest and Certified: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY .- BY R.H.Johnson,Secretary G. H.Kasbohm,Vice President STATE OFILLINOIS1 COUNTY OF LAKEI ss I,Margaret Redmore,a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Manufacturers Mutual Insurance Company,a Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. 11•' ^'��}/1 '///�/ may,,�����// �'`-��',t„_ My Commission expires:July 6, 1988 Margaret Redmore,Notary Public FN 836-3 7-84 iM PRINTED IN U.S.A. Power of Attorney—Term CERTIFICATION I,.Svpo L.,Johanson, Secretary of the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23. 1984 onbehalfof Same as above.***************** is a true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G. H. Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Manufacturers Mutual Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Manufacturers Mutual Insurance Company on this 'I ni-b day of J7 31na , 19 25 Sven L.Johanson,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL(312) 540-2000, CONTRACT BOND DEPARTMENT,, OR WRITE,CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. FN836-3 7-84 1M