Loading...
HomeMy WebLinkAboutReso 1987-13357 -- 1715 RESOLUTION NO. 13357 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 5, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA LOTS N, O, P, AND Q FOR OPEN SPACE, PUBLIC UTILITIES, AND OTHER PUBLIC USES, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 5, and more particularly described as follows: Being a subdivision of a portions of Quarter Section 8, 19, and 20 of Rancho de la Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, on file in the office of the County Recorder of San Diego County, May 11, 1869. No. of Lots: 138 Numbered Lots: 134 Lettered Lots: 4 Gross Area: 100.036 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Canyon Drive, Country Vistas Lane, Sandy Creek Drive, White Birch Drive, Cherry Hills Lane, Red Hill Lane, Hickory Terrace, Oak View Terrace and Pepperwood Court. -1- * -1716 BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, access, general utility and street tree planting, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby accepts Lots "N", "O", "P" and "Q" as shown on said map for open space, public utilities and other public uses. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 24th day of November, 1987, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented Dy Approved as to form by Jon~' P. Lipp~ittl {]irector of D. Richard Rudolf, ~ssistant Public Works City Attorney ~/ 3481a -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of November _ 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Moore, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers Coz None ABSENT: Counci 1 members ~** of-(~ula Vista ~-- City Cle~'k v ~' S,,~FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of RESOLUTION NO. 13357 ,ond that the same hos not been amended or repealed OF CHU VI A THIS AGREEMENT, made and entered into this lath day of SEPTEMBER ,~ 198 7 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and McMILLIN DEVELOPMENT, 2727 Hoover Avenue, National City, Ca. 92050 hereinafter called " Subdivider"; ;~ I T N E S S E T H : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as BONITA LONG CANYON (CVT 86-3, Unit No. 5) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of ChQla Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in ~ubdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment work required by City in connection with the proposed sub- division and will deliver to City improvement securities as approved Dy the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditionst as contained in Resolution No. 12285 , approved on the 17th day of December , 19 85 , and 6861 3 i " ~;:" ~orm ~o. CA-410 !~I; : ,,, :i ~:l~,~',~:~',:A~evised 3/87 %~HEREAS, complete plans and specifications for the construction installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 87-228 through 87-256 inclusive on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO MILLION FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS ($2,400,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivider. 4. It is understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- - -1720 5. It is expressly understood and agreed to by Subdivider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE MILLION TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,200,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement secur.ity in the sum of ONE MILLION TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,200,000.00) to secure the payment of material and labor in connection with the installlation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees ~o furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($18,000.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set, forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 1722 14 . Subdivider agrees to defend, indemnify, and hold - harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE C~TY OF C~ULA VISTA SUBDIVIDER: BONITA LONG CANYON ~'..~zz~cu~ /',. ~_~- BY. McMILLIN DEVELOPMENT, INC. Mayor o~r ~e Cit~/of Chula Vista ~ u . . //: CiG~ b~(fk -=- ~ Lloyd. V. Hill, ~ . . ~. ~ ~ Executive Vice Fresi~en5 Approved as to form by 'Ro~&~E L. 'J~ ,~ty Attor~y Senior Vice President (Attach Notary Acknowledgment) 0156a STATE OF CALIEF_OF RNIA . Iss. COUNTY OF ~_D..D~z egp On September 18, 1 9 8 7 , before me, the undersigned, a Notary Public in and for saidState, personallyappeared ~lo~/d ~ ~i]l and Robert L. Jones M sat:,cfact3ny o~.'~d3~23', to be the persons who executed the within instrument as Executive _ vi0% President and Sr. ~E~e~ecretaw, on behalf of McMillin Development, Inc. the COrporation therein named, and acknowledged to me that said corporat~onlaws or a resolution of its board of directors, said corporation beingeXeculed the within instrument pursuant to its by- ~ OFFICIAl to me to be one of me pa~ners of BONITA ~r &~ JOYCE A DE'IEFIE' D ~. ~ CANYON PARTNERSHIP { ~?~] ~OTARY PUBLIC - ?,~LWORNIA ne padnership that executed the wilhin instrument, and ack- ~:J :' -~ My comm.~expi',-~ ...... ~fi.*,~%3~3], 1989 nowJedged to me that such corporation executed the same as .... ~ ........ such padner and that such pa~nership executed the same SJgna/ure~~' i~ (This area for official notarial seal) X723 MUNICIPAL CORPORATION FORM STATE OF California ) ss. COUNTY OF San Diego ) ON THIS 8th day of December , 19 87 , before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Gregory R. Cox , known to me to be the Mayor, and Jennie M. Fulasz · known to me to be tb~ City Clerk of the City of Ch,,]~ Vista , the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein ns~med~ and ackncwledged to me that such municipal corpora- tion executed the same. WITNESS my hand and official seal. bIi6 in'gna for ~aid CouJ~y and State ,~Mary Elaine Chave~ '.:i~' SAN DIEGO COUNTY I',~y Commission Expires Mar l, ]991 ~ LIST OF EXHIBITS Exhibit "A" Improvement Security- Faithful Performance: Form: Bond Amount: $1,200,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: ~$1,200,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $18,000.00 Securities approved as to form and amount by ~/C ity Attorney Improvement Completion Date: Three years from date of Council approval of the Subdivision Improvement Agreement ! ~ ~ ' ~725 BOND NO. Bd 391071 · ' PPdEMIUM$ 6,400.00 DATE August 24, 1987 BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and BONITA LONG CANYON PARTNERSHIP (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 BONITA LCNGCANYONUNITNO. 5 , 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 ALLIED MUTUAL INSURANCE COMPANY , as surety, are held and firmly bound unto the City of Chula vista, hereinafter called "City", in the penal sum of ONE ~LLION TWO HUNDRED THOUSAND DOLLARS * * * * * * * * * * * * * * * * *dollars ($ 1,200,000.00 ) 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, adminis- trators, 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 altera- tion 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 Chula Vista, 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 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 1726 --2-- agreement or to the work to be performed 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 speci- fications. In addition to the acts bonded for pursuant to the · agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on AUGUST 24 , 19 87 SEE SEPARATE SIGNATURE PAGE ALLIED ~3TUAL INSTANCE COMPANY Keith E. Clements, Attozn~ey-in-fact Contractor Surety APPR~V~ AS TO FORM: / City Attorney PW-E-34 f727 BONITA LONG CANYON PARTNERSHIP A CALIFORNIA GENERAL PARTNERSHIP BY: McMILLIN DEVELOP~{ENT, INC. A CALIFORNIA CORPORATION BY: HO~E CAPITAL CORPORATION A CALIFORNIA CORPORATION ., 1728 STATE OF CALIFORNIA COUNTY OF SAN D~EGO On this 24th day of August 1987~ before me, the under- signed, a Notary Public in and for said county and state, per- sonally appeared ~nl~ J. Hendrickson personally known to me ~9~--pr*~-~--~-~-me--~-~-~-P~e--~-s-~-s--~-f- sa~-i-~-f-e~-- ~-~ide~) to be the person who executed the within instrument as the Vice President~ and J~ J. ~ ......................... personally known to me (~m-~e~-~-~-~9-~-~ t c r 7 ~ d c n ~ ) t o b e the person who executed the within instrument as the ~sis~t ~j~m ..... ge~e~y of McMillin Development, Inc. the corporation that executed the within instrument on behalf o f ~NITA ~ ~ON P~HIP the partnership that executed the within instrument ~ and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 25th day of A .U.q~t___ 1987, before me, the under- signed, a Notary Public in and for said county and state, per- sonally appeared ..... S ~_e3J~]] _~._ ~ e R[L ............................... personally known to me (~r preve~- ~c me on tho h~_~;o of sati~fa~t ~m_~) to be the person who executed the within instrument as the P_F_Oj~/MB~ge~F ............... ~X)~}P~, and ___M_a_rj_]v,__K_._A_s_h_bCf ....................... personally known to me (,~r pr~e~ +c ...... mc ~n ~= ~ g ~f o~tio~=~ -- c"i~cncc)--to, '~ , be the person who executed the within instrument as the ~o~j]jact_]~a.a§er ............. _XgX~(~)CXt~(~()~ o f_Ji0~le_CagJ_tal Corporation .............. the corporation that executed the within Instrument on behalf o f ......... B o n_i_t~_ ko3kg_ £ aa~LOn_ BarJme nsbJp_ _ ~ _ _ ~ ................. the partnership that executed the wzthln ~nstrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public zn and~for ~,~l ~ Ohio hlS:~nr~ . said County and State s,,:mE×p,~esFeb ?],iD,. -- 1729 STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT ~.TE OF CALIFORNIA ) - ss. CERTIFICATE OF ACKNOWLEDGEMENT ~,bunty of ) INDIVIDUALS On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year , before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the par[nership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUSLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT County of Sc~'z Dieqo ) ss. CORPORATION On this ~ day of Au_aust in the year 1987., before me Linda J. Tarr a notary public, personally appeared Keith E. CleK~nts personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the corporation executed it. ~ness my hand and official seal on the day and year above written. ~ ~ PRINCIPAL OFFICE IN ~ L)_IED .Mutual Insurance Company Des Momes, Iowa 50304-0974 I'OWER or A rro/ v/n, [ 7 3 0 Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company% does hereby make, constitute and appoint KEITH E. CLEMENTS LINDA J. TARR DAN YOUNG LA MESA, CA each in his individual capacity, its true and lawful Attorney-ln-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( $ 2,000,000.00 ) and to hind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the tbllowlng By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS 'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Auorney(s)-ln-Fact appointed by the President, or by a Vice President.' 'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind thc Corporation by their signature and execution of any such instru- ment. The appointment of such Anorney(s)-ln-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument o£ similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to he a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obiigatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certificate to be execdted by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers/ "Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4, provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 10 day of.~.?~ JULY 1986 a.~'~..'.;":[~ ALLIED MUTUAL INSURANCE COMPANY ~::SEAL:~ STATE OF IOWA *~".&,ot;..?ff By: President COUNTY OF POLK ss JULY ~'',I986 On this 10 day of , before personally came John E. Evans, to me known, who, being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed Board of Directors of said corporation and that he has sign his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. S. A. DENNING S.A. Denning MY COMMISSION EXPIRES Notary Public in and for the State ~f Iowa 4-13-89 CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power o£ Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixe~d~ti~e seal of the company Attorney expires This Power of O67 ! 7 07/10/89 Bd I (04-86) 00 Bond No. Bd 391071 BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and BONITA LONGCANYON PARPNERSHIP (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 BONITA LONG CANYON UNIT NO. 5 , 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 Chula Vista 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 Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONEMII~,ION TWO HUNDRED THOUSAND DOLLARS * * * * * * * * * * * * * * *dollars ($ 1,200,00U.U0 ), 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 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 of Chula Vista 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. ~. 1732 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 August 24 19 87 SEE SEPARATE SIGNARTrRE PAGE Keith E. Clements, Attorney-in-fact Contractor Surety APPROVE~ AS TO FORM: Ail , . City Attorney PW-E-34 1733 BONITA LONG CANYON PARTNERSHIP A CALIFORNIA GENERAL PARTNERSHIP BY: McMILLIN DEVELOP~{ENT, INC. A CALIFORNIA CORPORATION BY: BY: Jim J. Jordan, Assistant Vice PGesident BY: ttOME CAPITAL CORPORATION A CALIFORNIA CORPORATION STAT~ OF CALIFORNIA COUNTY OF SAN DI~GO On this 24th day of ~u_?l_s_t __ 1987, before me~ the under- signed, a Notary Public in and for said county and state, per- sonally appeared ~ J. Henctrickson personally known to me ~--p-~-~--~e-~-mr-~e--~-e~-i-~---~- ~'y--~vid-~,,ce-) to be the person who executed the within instrument as the Vice President, and Jim J. Jorda_~ personally known to me ~-crr---pTov~d---t~r--m~a--~-~---~-a~--of -~-ti~-~-~- av~-e) to be the person who executed the within instrument as the Assistant Vice President M~-~e~az~y of McMillin Development, Inc. the corporation that executed the within instrument on behalf o f BONITA IfANG CANYOM PARIIqERStlIP the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. said County an~/State STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this ZSth day of _A_~.~st___ 1987, before me, the under- signed, a Notary Public zn and for said county and state, per- sonally appeared Steven R. Pe.n personally known to me (~r pr~v~d t~ ,~,c on t~ ~ ~ e~ ~ati~f~, t ~nce) to be the person who executed the within instrument as the ...... ~j~j~r ......... ~~, and __~3~jllR3=_6~bJ ................... personally known to me (or pr~wed to me nn th~ h~~Li~fac~u~ ~id~-) to be the person who executed the within instrument as the Projec¢ Manager ~~x o f .... Hj~_~J~_CJ~p~rjJj~ ............ the corporation that executed the within instrument on behalf o f ...... ~ ~[~ L ~ ~ ~ ~ ~]~ ~i~ .......................... the partnership that executed the within instrument~ and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary cubllc lnand -for '~iYCom~ssonP'ar,~sF~b ?3..t,,. said County and State STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT fATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT County of ) INDIVIDUALS On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as L~ president, LJ secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of San D±eqo ) CORPORATION On this 24th _ day of August in the year 1987., before me Linda J. a notary public, personally appeared Keith E; CZe~ents personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, he corporation therein named, and ~gknowledged to me that the corporation executed it. Witness m ~ hand and official seal on the day /- / and year above written. NOTARY PUBLIC ~ PRINCIPAL OFFICE IN q SAN DIEGO COUNTY My Commission Expires April 4, LLIED Mutual Insurance Company Dbs' Moines, Iowa 50304-0974 1736 POWER OF ,4 TTORNEY Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company', does hereby make, constitute and appoint KE1TH E. CLEMENTS LINDA J. TARR DAN YOUNG LA MESA, CA each in his individual capacity, its hue and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( S 2,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts o£ said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Anorney(s)-ln-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-[n-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section a. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attarney(s)-In-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or AUorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Auorney(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4. of this Article provided, that the corporate seal be aff~xed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument o£ similar nature, other than pohcies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect a~ the original signatures of any such officers." "Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 10 day of.~,~,~ JULY 1986 ..~ ...~:0~ ALLIED MUTUAL_llgSURANCE COMPANY ~:,'. SEAL2~ STATE OF IOWA ~:q,,:::>:,, By: President COUNTY OF POLK ss JULY ''~,I98;~4'~ e~n~Je On this 10 day of 6 , befor personagy came John E. Evans, to me known, who, being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has sig d his name tIzereto pursuant to like author- ity, and acknowledged the same tube the act and deed of said cDr pot at/on. S. A. Denning I [ S.A. DENNING Notary Public in and for the State of Iowa MY COMMISSION EXPIRES [ ]4-13-89 CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is sail in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power &Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 24th day of Aut3nast ,19 87 Th s Power of Attorney exp res ~;~ SecretaryJ 06717 07/10/89 ,, 1737 Bond No. Bd 391072 Premium $126.00 SURVEY MONUMENT INSTALLATION BOND KNOW ALL MEN BY THESE PRESENTS, That I/~?e BONITA ~ CANYON PARTNERSHIP as the subdivider and Principal, and the ALLIED MUTUAL INSURANCE COMPANY a Corporation of the State of Iowa , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of EIGHTEEN THOUSANDAND NO/100 * * * * * * * * ($ 18,000.00 ) lawful money of the United States of America, to be paid tc the said City of Chula Vista. t~{EREAS, the said Principal is presently engaged in subdividing certain lands to be known as BONITALONG CANYON UNIT NO. 5subdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and WHEREAS~ the said Principal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires to get.same at a later date, NOW, THEREFOP~E, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey byVTN-SOUTHWEST (name of , as per the final map of said subdivision, a copy of Engineer) .~hich is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completi and acceptance of public improvements within said subdivision, then the obligation shall be void, othe~vise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this 24TH day of AUGUST , 19 87 SE~ARATESIGNATUREPACEATTACHED (Principal) APPROVED AS TO FORM: ALLim/~RYI~AL~QF;C~MPANY__~ ~ ~ BY,. .... ~:/ /~'~/-~'/'~' ith E. Clements City Attorney pW-E-34 BONITA LONG C~YON PARTNERSHIP A C~IFORNIA GENE~ PARTNERSHIP BY: McMILLIN DEVELOPmeNT, INC. A CALIFORNIA CORPO~TION .Mar tha~n~~7~t BY: HOME CAPITAL CORPO~TION A C~IFORNIA CORPO~TION BY: /~.;~ ~ ~o~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 24th day of _Au_q~I_S_t __ 1987, before me, the under- signed, a Notary Public in and for said county and state~ per- sonally appeared ~trtha J. Hendrickson personally known to me ~oz-l~,z~v-~-~-~--me--e~--~he-I~sig-~-oa~io~-~- ~r-y-~-v~-~e~-~e) to be the person who executed the within instrument as the Vice President, and J~ J. Jo~ personally known to me ~-~e~ t ~-~-~e-~-~~~e ) t o b e the person who executed the within instrument as the ~sis~t Vice Presid~t ~my of McMillin Developme~A Inc. the corporation that executed the within instrument on behalf o f ~TA ~G ~ P~HIP the partnership that executed the within instrument ~ and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. ~t~Public in a~ for ....... ~.~{~' s~Nl~l[~10c0~,r.l~ , - sai~d ~ounty and S~ate ~ ......... ~. ........... ~ ~ ~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 25th day of AU§USt 1987, before me, the under- signed, ~ ~ry Public in and for said county and state, per- Steven R. Penn sonally appeared personally known to me ~ prc'.'e~6--to ~nc cn the bas~ of o~Li~f~t o~y evidaacc) to be the person who executed the within instrument as the Project Manager ~~ ~ and _ __~iL~_~shh~ personally known to me the person who executed the within instrument as the Pr03ect of ' ' the partnership that executed the within {nstrument ~ and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my ha.d and official seal. ~C.._..~C >' NNABEL L. F ~8'tary rubliC' in ~nd for ~% ........... .~¢~,,~.~_.~ said County and State I, - 1740 t__ STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT GATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT · ~(~unty of ) INDIVIDUALS On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year , before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [~ president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of gan r)~ Rgn ) CORPORATION On this ~ day of A]]~],~t in the year I qR7 ; before me l,~ a notary public, personally appeared Kc. il-h ~,_ personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the corporation executed it. year above written.-.. itness my hand and official seal on the day and ~[/' ,,~~~ ~ ~-~". ~ iSE~._IHDA I. TARR NOTARY PUBLIC ,~.~,~,~,~? pi~INClPAL OFFICE IN Des Mo~nes, Iowa 50304-0974 POWER OF ,4 TTORNEY Insurance - KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa. hereinafter called 'Company~, does hereby make, constitute and appoint KEITH E. CLEMENTS LINDA J. TARR DAN YOUNG LA MESA, CA each in his individual capacity, its true and lawful Attorney-ln-Fact ~vith full power and authority to sign. seal. and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not cxcccding the sum of ( S 2,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such ins~'uments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority o£ the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-tn-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, andertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- men;. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Anorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or o£ a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power o£ Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a Facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section ?. A Facsimile signature of a Former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 10 day of~.,~ JULY 1986 .~':.':~:~}~ ALLIED MUTUAL INSURANCE COMPANY ':" ':~' STATE OF IOWA *t%.::.~,,:/a By: President COUNTY OF POLK ss '%'~'~* ~ , S.A. Denning [ ] S.A. DENNING [ Notary Public in and For the State ~f Iowa 1, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws &the State oF Iowa. do hereby certify that the foregoing Power of Attorney is still in force, and £urther certify that Section 2, 3, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 24th day of August , 19 87 -..-" t~:SEAL~ · This Power of Attorney expires ~,~1~--''aa y