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HomeMy WebLinkAbout02080 - SCE EDISON SUBDIVISION IMPROVEMENT PM 19974 S*Alif Edison � Subdiv Tmpr Agr for Parcel Map 19974 CITY OF PALM SPRINGS AGREEMENT #2080 (Original) SUBDIVISION IMPROVEMENT AGREEME signed by CM 5-11-84 THIS AGREEMENT, made and entered into this day of 19 , by and between - Southern California dison Company hereinafter collectively referred to as "Subdivider" and CITY OF PAL SPRINGS, a Parcel Map municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, Subdivider Has prepared and filed a final subdivision map of No. 19974 in the City of Palm Springs , County of Riverside, for approval by City; and WHEREAS, as a condition precedent 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 $ 18,300.00 ; 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 Map 19974" , 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 $-_8_,3i)p to assure the faithful performance of this Agreement, and one bond in the sum of 9,150.00 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, and the furnishing of a maintenance bond at the time of the acceptance in the amount of $�2745 .00 Said maintenance bond 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. 0 �M 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 $ 2 600.00 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. 8. 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 Map 19974 " 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. SUBDIVIDER: By: e By: Address City CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED & APPROVED A STATE OF CALIFORNIA � ss. z COUNTY OFFS ANGE(-E-5 0 � MAY q .l q x On A I i 1498�4��� before me, a Notary Public in and for said State,personally appeared °a - r6WA ON IN personally known to me (or proved to me on the basis of satisfactory evidence) X to be Manager, Mg-lit of Way and Land Department, of the Southern California Edison Company, the corporation that executed the within instrument, and personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument on behalf of the said corporation,and acknowledged to me that such corporation executed the spn ursuant to its by-laws or a resolution of its board of directors. y rc WITNES my hand,nd official se OFFICIAL SEAL PHYLLIS LOPEZ a Notary INCIPAL OFF CE I IN y '' LOS ANGELES COUNTY ul MY COMMISSION EXPIRES MARCH 23, 1988 EXECUTED IN QUADRUPLICATE • Bond No. 976140-84 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Southern California Edison Company (hereinafter designated as "principal " have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19_, and identified as project Parcel Map 19974 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 SEABOARD SURETY COMPANY as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City") , in the penal sum of Eighteen Thousand Three Hundred dollars ($ 18,300 ) lawful money of the United States , for the payment of which 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 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 May 14th 1984 CORPORATE ACKNOWLEDGMENT NO 202 19��before me`Y" --- Ma �. State of California On this the 14rbda of Y t o SS. ' AGNES CRABTREE------ i� County of Los Angeles ---"'-------"'-- �j the undersigned Notary Public,personally appeared I'I ------------------ROBERT DIETCH--------------------- oa Dry,4Cl(1 '0 l � personally known to me ,,,� i i ' ��, y�� 6�9, "- q '- ., r ��, ❑ proved to me on the basis of satisfactory evidence �^ I u i 1 �: ' i o a vuOLI� rA2 rrr o '1 to be the person(s)who executed the within instrument as Vice PYesident or on behalf of the corporation therein d avy :nlolyu�s;co :�nses Aee�. 7.7: P.9Ez of r1 I named,and acknowledged to me that the corporation executed it. i WITNESS my h d and official seal. �6( i) Notary's Sigr6ture —NATIONAL NOTARY ASSOCIATION•23012 Ventura 61vtl JPO Box 4625•Woodland HiIIs,CA 91364 7120122 — Certified Copy tSE�OARD SURETY COMPV No. 9822 NEw Yosx, NEw YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wallace C. Doyle or Christine Allen or Dan Ortiz of Los Angeles, California its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly, executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the dull, authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com- pany on December 8th. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: - "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto• Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair- man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." N WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .........th............ day of ..........APTiI...........................I 19.$3.. Attest: SEABOARD SURETY COMPANY, (Seal) Anita J. Leonard By R. T. Gundersen ............................................................. ............................................................-............... STATE OF NEW YORK Assistant Secretary Vice-President -OUNTY OF NEW YORK S ss On this .........6111............... day of ............APr l.....................................-.-..........-............... 1983......, before me personally appeared •....................R_....T_...jGunder.&en-....................................................... a Vice-President of SEABOARD SURETY COMPANY vith whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of N§tK.YOr•,.• ............... hat he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- ,oing instrument; that he knows the corporate seal of the said Companv; that the seal affixed to said instrument is such corporate eal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice- Dresident of said Company by like authority. State of New York No. OlQU8468870 Oualified in Richmond County Certificate filed in New York County (Seal) Commission Expires March 30, 1984 Marg Quinlan .. .. .. .aret. ....M................................................... - C E R T I F I C A T E Notary Public I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which he foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President who executed the said Power of Attornev was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA- 30ARD SURETY COMPANY at a meeting duly called and held on the 28th day of Tune 1978. "RESOLVED.- (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary nn y), certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article \'II, Section 1, b the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting urdertalcings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed andmade, hereby is authorized and approved." N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this \ ` *Y r7rA li6 14thda-y of ............. aY 8t4.......... .. ....................................................... 19.. 2T1o9 A............... ......... Premium for this and included in charge `or EXECUTED IN QUADRUPLICAS Performance Bon CITY OF PALM SPRINGS Bond No. 976140-84 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Southern California Edison Company (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated 19, and indentified as project Parcel Map 19974 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 Nine thousand one hundred fift Dollars 9,150.00 , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, ,that said surety will pay the same in an amount not exceeding the amount hereinabgve set forth, and also in case suit is brought upon this bond, will pay, in addition to Che face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, 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 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 sui; 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 May 14th 19 84. SOUTHERN CALIFORNIA EDISON COMPANY SEABOARD SURETY COMPANY Principal / Surety CORPORATE ACKNOWLEDGMENT ,.,__ �__ NO.202 71-� Fri State of California On this the 14thday of May 19 64 before me t Z) y L An SS Count Angeles of Los g -------_9 __--_-AGNES CRABTREE- Ppeared ------------- i„ ii the undersigned NotaryPublic,personallya is l0 ,7 ROBERT DIETCH---------------------- j'j += - - r '""r'" •'� �M personally known tomeOFFMA 1 ❑ proved tome on the basis of satisfactory evidence 6' E 1,1 S' to be the Pueu persons)who executed the within instrument as ��I �, r� uucr�A� oF• �� a Vice President- or on behalf of the corporation therein r �'o� -nrs_lce cou 1 n �ik ray � u�el es All'. 39fii named,and acknowledged to me that the corporation executed it.Sammisel n ,•, WITNESS my hannd official seal 1"f ell)in � i1 �. I Q, 60 Il � Notary s Slgnat�r e ' ]12a 122 NATIONAL NOTARY ASSOCIATION 23012 Vanlum 91vtl PO Box v • 4626•P -- ^e - Certified Copy- SE OARD SURETY COMP S No. 9822 Is NEW YORK, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wallace C. Doyle or Christine Allenor Dan Ortiz of Los Angeles, California is true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com- pany on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizancez, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair- man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative." N WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents' to be signed by one I its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ........................ day of ..........F?Pr .'—............................. 19.83.. Sttest: SEABOARD SURETY COMPANY, (Seal) Anita J. Leonard By R. T. Gundersen .......................................................................... ............................................ssis...........cret......... Vice-President Assistant Secretary STATE OF NEW YORK COUA'TY OF NEW YORK ss.: On this .........kth............... day of ............APr ................................. 1983......, before me personally appeared ......................R_....T....Gunder.sex........................................................ a Vice-President of SEABOARD SURETY COMPANY, cith whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New.„YO,r................... hat he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- ,oing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate eal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice- ?resident of said Company by like authority. State of New York No. OlQU8468870 Qualified in Richmond County Certificate filed in New York Countv (Seal) Commission Expires March 30 , 1984 Margaret M. Quinlan ...................................................... Notary Public C E R T I F I C A T E 1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA- BOARD SURETY-COdPANY at a meeting duly called and held on the 28th day of June 1978. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary an_any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Section 1, of the By-Lays appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and-made. hereby-is authorized and approved." - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this !� *Etrg...........�:11........ day of .............r1.ay....................................................... 19...84. . <i 1927 K EXECUTED IN QUADRUPLICATE . Bond No. 976141-84 BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, Southern California Edison Company as Principal, and SEABOARD SURETY COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Two thousand six hundred Dollars ($ 2,600.00 ) , lawful money of the United States of TUerica, for the payment o 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' meet 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 t:n 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 , rind 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. 02 CORPORATE ACKNOWLEDGMENT No z— ��- . _ i984 before me, lu �q State of California on this the l4thday of i 59. h AGNES CRABTREE-------------------- ' County of Los Angeles ----------------- the undersigned Notary Public, personally appeared -----------------ROBERT DIETCH--------------------- , r !?i o � }:3 r personally known tome t� ar ❑ proved to me on the basis of satisfactory evidence ,7 � p,, aoznrri ut�r —ca poNNln a to be the person(s)who executed the within instrument as r� �. � uNCI�A_o�rlc ra �, Vice President or on behalf of the corporation therein iq Ctmmlu^_irn 2„3drxG Fln°. 27, ?96'G named,and acknowledged to me that the corporation executed it i -- � WITNESS my haq and official sea]. Notary's Sign Ore NATIONAL NOTARY ASSOCIATION•23012 Ventura Rlvtl PO Box 4625•,^/^nA^^H Nni= re o+aca 20122 s �� Certified Copy SE4V0ARD .SUPEZ'I' CO0Nj[p* No. 9822 NEW YORK, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wallace C. Dovle or Christine Allen or Dan Ortiz of Los Angeles, California its true and lawful Attorney-in-Fact• to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed 6y the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com- pany on December 8th. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting underakngs and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertaking; of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and a the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair- man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents' to be signed by one itts,s Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .....o tr?.......... day of ..........ABr �I........................... 19.53.. . attest: SEABOARD SURETY COMPANY, (SealSeal Anita J. Leonard ) ........................................................................... y R. T. Gundersen .................. Assistant Secretary Vice-President STATc. OF NEW YORK COU-NITY OF NEW YORK �ss. On this ......-.6t )................ day of ............A.Er.il..:............................................................... 1983....... before me personally appeared .....................A.•...T._....Gunder.sen........................................................ a Vice-President of SEABOARD SURETY SOMPANY, vith whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of New„Yor at he is aVice-President of SEABOARD SURETY COMPANY, the corporation described in and which execute..d the fore- ming instrument; that he knows the corporate seal of the said Companv; that the seal affixed to said instrument is such corporate eal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice- °resident of said Company by like authority. State of New York No. 01OUB468870 Qualified in Richmond County Certificate filed in New York County (Seal) Commission Expires March 30, 1984 Margaret M. Quinlan ............................................................................................ C E R T I F I C A T E Notary Public I. the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which he foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in krticle VII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority- of the following resolution of the Board of Directors of SEA- 30ARD SURETY COMPANY at a meeting duly called and held on the 28th dap of June 1978. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on am, certification of the correctness h a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Section I, ml"the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting undertakings or other, instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this �,tsuaerr. ...........1.4.t. ........ day of .............May........................................ .......... 19...$4 1927 Y z z