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HomeMy WebLinkAbout01643 - EHRLICH SUBDIVISION COMPADRE VILLAREAL SONORA SAN JOAQUIN AVERY PM 8912 TRACT 12520 City Clerk Copy' V 0Ehrlich, Richard K. - Constr Subdiv Impr Agr Tr 12520 CITY OF PALM SPRINGS AGREEMENT #1643 (Original) SUBDIVISION IMPROVEMENT AGREEMENT 10-2-80 THIS AGREEMENT, made and entered into this ,�t,_p day of by and between Richard K. Ehrlich > hereinafter collectively referred to as "Subdivider" 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 Tract No. 12520 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 $ 89,000.00 ; 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 Tract Map 12520 " 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 $ 89,000.00 to assure the faithful performance of this Agreement, and one bond in the sum of 44,500.00 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 in the amount of $ 13,350.00 Said maintenance bond shall remain in effect for a period of one year from date of acceptance of the improvements. (See below)* 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. * Maintenance Bond to be furnished at the time the improvements are accepted 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 $ 2,475.00 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 Tract Map 12520 " 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: 4 / By: s By: i Address City ATTEST: l CITY OF PALM SP/RRIINGGS, CALIFORNIA Byl Deputy City Clerk City Manager l REVIEWED & APPROVED )0di' ( i ENG. EF 5 8/76 TO 447 C (Individual) TI STATE OF CNrFRS{NIA COUNTY OR `- cc-''�- p��-'lea-.�� SS. On _ ? — YT - O o before me, the and rsigne , a Notary Public in and for said State, personally appeared 't n s6� r - ' w S w 'a , known to me a' to be the person P __whose name_ substiribed w Le the within instrument and acknowledged that ` A— executed the same. I WITNESS my hand and official sea]. 'Y OFFICTAT- crr,T, Signat To MADELINE S. BP.ECHI-IN i. w'GrAPY PUBLIC rgUF rR nLr RIVERSIDE C09NTY P"y COMM. expires DEC 20, 19E0 Name (Typed or Printed) (This area for otheiw notarial seal) IN THE CITY OF PALM SPRINGS TRACT NO. 12520 A DIVISION OF PARCEL 2, PARCEL MAP b9/2 PER PARCEL' MAP BOOK 38 PAGE EAST 112 OF THE SW //4 OF THE SE I/4 OF SECTION 24, T45, R4E, 'z HALLMARK ENGINEERING , INC. ✓ULY /976 SCALE /"= 50' CCMPADRE ROAD 6e, . . .. . .' .. I M' 30' 7"/1' 49779' P/.M.oW170 4/9 9S//O/1/ d•/0%L'4z' �O R 17 o T•/79Q' a� R-�82/�' •• Rriao' M61,S61s7"W e3r�- OEO/CATEO PER A a `t3 4� �•64.3s'�2' Ll�.ii P_H.B9/,2, MD�h oti tie.00.i�• r-sz.u: r�R=jBz' d.•/22'/L'S3" a.•70' %�--- — Z�B L` .89• o �� p•/ R` � K9 H773d'1fd'E 1 �a' is• r vl o JI LOT 1 02 S��V I \tea. •° '•':-�' _.° I Nar}htr/y /iae �f 5/'reseryofon /o Iht G� of R/m Spriigs for sic&wl,A/ --pofh ond/ / l�eservafia7 fo /ine pulses. W.�:r+Rew.�,:.�:�=�sFfar•.,..:w,.�,.r-,.,::t:� �x>a.,�- ..,�w.�c��, r- SAN ✓OAQU/N OR. SONORA, ROAD A O/VJ NOTHING PO<9Np EdFD. Nq/L {T/N F/TS �- CP.3' T/Ef'ACCEPTED AS VE CDR. OFSN _ o,-IF p OF � �� . . / N 69' S6' �7 D^ 0o tih W 8 �oJ 70 /At THE B.B,s M. 4"9000/'47" R=20' — �T=200/' L=s/f3' _o AVERY DR. ' � ENa/NEARS iYDTf 1 - f/eTiotes Motel sef�CTract rtao� . `- � 5prirgs Oro'ino�oe CH.4oTfR% +- �,a., 1 • Dewr°es /vonumenls fi�no' as ixvewa s. �� a o'Oenotes /"l.Pse! flu�i, tayy�o'RG.'E. z tz �a ; B,asrs aFryaEAR�ivc Bearin beriveafh7m ceafer/!tee of 'fast;' � +film Zoo/%ya? wive(�f/d�'SG:ST"l,�Jos IN oa - �r 'ewer , City Clerk Cop, L*wt AN a�v"itpandance to... AL BARKER SONDS CITY OF PALM SPRINGS BOND N0: OSM 557 339 PR. 890. 6Ki Carondelet S m FAITHFUL PERFORMANCE BOND EXECUTED IN QUADRUPLICATE' Los Awalas, Calliurnlwr 90057 (2U)383.2168 WHEREAS, the City Council of the City of Palm Springs , State of California, and Richard K. Ehrlich (hereinafter desiyriated as "principal " have entered—into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated OCT 2 198(l 19 and identified as project__ Tract 12520 _ —`� 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 AMERICAN MOTORISTS INSURANCE COMPANY , as surety, are held firmly bound unto the City of Palm Springs , hereinafter called ("City") , in the penal sum of Eighty Nine TTThusand --------------------------- dollars ($ 89,000 ) 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 SEPTEMBER 25TH 19 80 tm - -- ------ = 11 11nnnirr nnMP4NV STATE OF CALIFORNIA COUNTY OF LOS ANGELES I ss ON <SEP 2 5' 1980 me a Notary Public In and for said personally a before OFFICIAL SEAL t1�'gttoline l a.:a before RICHARD G. PARK known to me to he the person whose name is subscribed to the .� NOiPRINCIPA OFFICEFORNIA within Instrument as the Attorney J PRINCIPALOFC LI IN FO y in Fact of AMERICAN / LOSANGELESCOUNTY MOTORISTS INSURANCE COMPANY, and acknowledged to My commission Exp.Aug.6, 1982 me that he subscribed the name of said Company thereto us Surety, and his own n as Attorney in Fact %C Notary Public Dlrwl AU C�tur�x ridarsa s to '. . City Clerk Copy Al- W,!TjItqqZ , � �l7NU NO. usM s5� s sy 68 ua rrr¢7.eSetti:,. CITY OF PALM SPRINGS LABOR AND 14AIERIALS BOND PH. INCLUDLD IN PI_RF. BOND �� AfajUlRid, Cailile;rr,,,a SjG5/ EXCCU IED IN IIUADRUPLICATE (213) 383-2133 WHEREAS, the City Council of the City of Palm Springs , State of California, and Richard K. Erb City, (hereinafter deli Hated as "- --- e whereby g principal � have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated O(P,,4" p 19_, and indentified as project Tract 12.520 made a part hereof; _ is hereby referred to and 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 , rnateriaLnen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of For rQuty_F _Lusand Five Hundred ------------------------------------- Dollars (�A,500 ) , for materials furnished or labor thereon of any kind, oa 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 aimount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the 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 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 SEPTEMBER 25TH 19 so. t, AMERICAN MOTORISTS INSURANCE COMPANY Prime7pad — RICHARD K. EHRLICH Surety BY: Attorney-in Fact J- Cq,VLINE RHODES STATE OF CALIFORNIA j COUNTY OF LOS ANGELES ) ss ,,�� ON SEE 2 5' 1980 0- 19 _ , before \ me a Notary Public n andpforJd fate, personally appeared OFFICIAL SEAL �dfrGIYd91l4E t{�{ � fJ G. PARK known to me to be the person whose name is subscribed to the NOTARY PUBLIC within Instrument as the Attorney in Fact of AMERICAN PRINCIPAL OFFICE.IN Los ANGELES COUNTY MOTORISTS INSURANCE COMPANY, and acknowledged to ,yfy Commission Exp.Aug.S, 1982 me that he subscribed the name of said Company thereto ,Is iSurety, and his own name s Attorney-in Fact. Notary Public 1 AMERICAN MOTORISTS INSTANCE COMPANY • ®lnstlRanCL Home Office: Long Grove, IL 60049 camFBnIRS POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists 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 ******** A. F. Barker and Jacqueline Rhodes of Los Angeles, California (EACH)******* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act and deed:Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SIX HUNDRED THOUSAND DOL- LARS 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 Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists 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, 1980 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thal the President or any Vice President or Secrelary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in tact, and to authorize them to execute on behalf of the company, and allach the seal of the company Iherelo, bonds and undertakings, recognizances, contracts of indemnify and other writings obligatory in the nature thereof, and any such olficer 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 22nd day of May, 1963: ''VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be alfixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which if is attached, shall continue to be valid and binding upon the Company " In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this llth day of October , 19ZI. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By G G.Swan, Secrelary H. L. Kennicoti, Jr., Vice President STATE OF ILLINOIS 1 ss COUNTY OF McHENRY 1 I,Jo Anne Krein, a Notary Public,do hereby certify that H. L. Kennicott,Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists 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: March 21, 1982 V to Anne Krein, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated October 119 1979 on behalf of A. F. Barker and ;Iaceueline Rhodes of Los Angeles, California (EACHI*a true*ano correctFcopy and thatE the 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 H. L. Kennicotl, Jr, and C. G. Swan 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 Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of�SEP � , 19—. 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. FM 836 6-78 1M PRINTED IN U.5.A. Power of Attorney—Term City Clerk Cop; BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION BOND N0. OSM55734C (Subdivision Agreement) PR. 25. EXECUTED IN KNOW ALL MEN BY THESE PRESENTS% QUADRUPLICATE That We, Richard K. Ehrlich as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum ,of Two Thousand Four Hundred Seventy five --------------------- Dollars ($y2 475.00 ) , lawful money of. the United States o Am£— ca, for the p a men—k�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 and agrees that no change, extension of time, alteration or addition (.o 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 anywise 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. WITNESS OUR HANDS this 25Tj day of SEPTEMBER , 19 80 AMERICAN MOTORISTS INSUR Nl /M11 PANY Principal Saret AG. K. EFIRLICH �� / ENG. EF 8 9/5/75 ATTORNEY- N-FACT JACQUELINE RHODES .rime►���\\�wa�.riiii��\\\e�ee��iia»�rr �e�ees���; � et��iiaiii�.�� �i�1 STATE OF CALIFORNIA CCOUNTY OF LOS ANGE LES I ss SEP 2 5'198Q Ome a NotaryPublic m and to gal I 19 -- ' before personally appeared �� known to me to he the person whose name is subscribed to the �. OFFICIAL SCAL within Instrument as the Attorney in-Fact of AMERICAN •%" Ric tnF f� e. raf?x NOTARYFUBLIC-CALIFORNIA MOTORISTS INSURANCE COMPANY, and acknowledged III FRINCIPALOFFICEIN me that he subscribed the name of said Company thereto us !+� LOS ANGELES COUNT/ M Surety, and his own name \ttorney in Fact Y Commission ExP.Aug.j, 1982 Li Notary Public AMERICAN MOTORISTS INSLONCE COMPANY Home Office: Long Grove, IL 60049 �cittltwltfet POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists 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 ******** ' A. F. Barker and Jacqueline Rhodes of Los Angeles, California (EACH)******* its true and lawful agenl(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period begin- nin$ with the date of issuance of this power and.„ending December 31, 1980, unless sooner revoked for and Oil its behalf as surety, and as its act and deed:Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SIX HUNDRED THOUSAND DOL- LARS 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 Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists 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, 1980 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 a1 Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thal the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point 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, tecognizances, contracts of indemnity and other winlings obligatory in the nature thereof, and any such officer 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 22nd day of May, '1963: "VOTED, Thai The signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the ceitilicalion by any Secrelary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and ceriilled 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 Motorists Insurance Company has caused this instrument to be signed and its corporate seal 10 be affixed by its authorized officers, this _.__ll th-.day of October _, 1979— Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By CC Swan, Secretary it L. Kenmcon, Ji , Vice President STATE OF ILLINOIS COUNTY OFMcHENRY I I, Jo Anne Krein, a Notary Public,do hereby certify that H. L. Kennicott,Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists 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 ihereunto 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: March 21, 1982 �/o to Anne Krein, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated October 11, 1979 on behalf of At Ft Barker and YIaG.gttPlin - ho9 .e of .oG ngP� PS� ealifornia(EACH a true and correct copy and that the 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 H. L. Kennicott, Jr. and C. G. Swan 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 Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this_ day of SEP 2r 51980 19 . Sven L. Johanson, Secreiaiy 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. 04836 6-76 iM PRINTED IN U S.A - hfw'Cr OI Attorney—term