HomeMy WebLinkAboutReso 1987-13365 RESOLUTION NO. 13365
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.
6f 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, 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:
NO~, 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. 6,
and more particularly described as follows:
Being a subdivision of portions of Quarter Sections 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: 77 Numbered Lots: 73
Lettered Lots: 4 Gross Area: 51.04 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: Country
Vistas Lane, Canyon Ridge Drive, Crestview Drive, Chapparal
Drive, Laredo Court, Charro Court and White Horse Court.
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.
-1-
· vv
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 1st day of December, 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 by Approved as to form by
Jo ippitt of D. R~chard Rudolf,~As~istant
Public Works City Attorney
3604a
-2-
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 1st day of December
19 87 , by the following vote, to-wit:
AYES: Councilmen ~cCandlisst :~a~er, ~alcolm. ~rR
NAYES: Councilmen ?]one
ABSTAIN: Councilmen ~{ayor Cox
ABSENT: Councilmen None
of the Chula Vista
City' Cl~rk-~ ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chula Vist(3, C(31iforni(3,
DO HEREBY CERTIFY that the above and foregoing is (3 full, true (3nd correct copy of
RESOLUTION NO. ,and that the same has not been amended or repealed.
DATED
City Clerk
')F
CHU VISI'A
6C.-_66_.o _
J.Z..-~~ SUBDIVISION IMPROVEMENT AGREEMENT -
THIS AGREEMENT, made and entered into~U~is 5th
Of November , 198 7 , by and between T~E CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and BONITA LONG
CANYON PARTNERSHIP by McMillin Development, Inc., 27~ Hoover Avenue,
National City, Ca. 92050
hereinafter called "Subdivider";
W 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 ma~ of a proposed subdivision, to be known as
BONITA LONG CANYON, UNIT NO. 6
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 Chula 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
subdivisions 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
by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution NO. 12285 , approved on the 17th day
of December , 19 85 , and
Form No. CA-410
Revised 3/87
WHEREAS, 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.8~162 thru87-171incl~ive & 87478 thru87-1~ in~l~.~ive ,
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 ONE MILLION
TWO HUNDRED THIRTY SIX THOUSAND DOLLARS AND NO CENTS ($1,236,000.00).
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-
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 SIX HUNDRED
EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($618,000.00)
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 security in the sum of SIX HUNDRED
EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($618,000.00)
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 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 TEN THOUSAND
DOLLARS AND NO CENTS ($10,000.00) (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 fi.nal 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 s~t 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.
.vV 22
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 firs~ hereinabove set
forth.
THE ~TY OF CffLA VISTA SUBDIVIDER: BONITA LONG CANYON
PARTNERSHIP BY: McMILLIN DEVELOPMENT,
Ma C Chula INC., GENERAL PARTNERS
Vista ~
ATTE//_ LLOYD ~. HILL, EXEC. VICE PRES.
Approve~/~s to form by JO~ F. MUSIAL, ~XEC. VICE PR~E~.
g~Y Att°rF/
STATE OF CALIFORNIA
) SS
COUNTY OF SAN DIEGO
On //~w~J ~ ?~ , before me, the undersigned,
a Notary Public in ~/nd,for said County and State, personally
c~ ~. ~2J./ ,-- , known to me to be the
~.~/~ , %nd ~¢L~/~¢. -~/~Z~ , known
to me to be the ~-c.~. ~/~J. ~. , of McMillin Development,
Inc., the corporation that executed the within instrument and
known to me to be the person who executed the within instrument
on behalf of said corporation, said corporation being known
to me to be one of the partners of Bonita Long Canyon Partnership,
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.
~ ~', ~i~/ ~ (seal)
~mm, expires ~gR 31 1989
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bond
Amount: $618,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $618,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $10,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
BOND NO. Bd 391083
~ $618,000.00
: PR~iIU~4 $ 4,326.00
BO~D FOR bDATERIAL AND LABOP
WHEREAS, the City Council of the City of Chula
Vista, State of California, and BONITA LONGCANYON PAKTNERSHIP
(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 LONGCANYONUNIT NO. 6
, 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 gccd and sufficient payment bond with the City of
Chu!a Vista to secure the claims to which reference is made in
Title 15 (ccr~.encing 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
Chu!a 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 s~ of SIX HUNDRED EIGhTeeN THOUSAND
AN~ No/1QQ ............ dollars ($ 6±8,UUU.Uu ), 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 ~mount 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 e>:penses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fly-:ed by the court, and to be taxed as costs
and to be included ~n 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 ~ith 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 ~pon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and rcmain in full force and effect.
agreement 6r 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
Sept~aber 17~ , 19 87
Keith E. Cl~m~-nts, Attorney-in-fact
Contractor Surety
AP~ TO FORM:
PW-E-34
,~0 26
BONIT% LONG CANYON PARTNERSPiIP
A CALIFOPi~IA GENERAL PARTNERSHIP
BY: MC~4ILLIN DEVELOPMENT, INC.
A CALIFOILNIA CORPORATION
BY: HOME CAPITAL CORPORATION
A CALIFORNIA CORPORATION
STATE OF CAI:IFORNIA
COUNTY OF SAN DIEGO
On this 17th day of September 1987, before me, the under-
signed, a Notary Public in and for said county and state, per-
sonally appeared Llo~,~ V. Hill
personally known to me ~r~--p~-~;.cd-~-me-~)n .~-~'~.-~.a.,~-s of-~ati~a~-
~-~'ide~) to be the person who executed the within instrument
as the ~tive Vice President, and
~ L. J~es personally known to me
(~-~e~ to -~a-~-~as ~-~-~-~to~4~o~ ) to be
the person who executed the within instrument as the S~ior
Vi~ Presid~t ~y of M~-~ll~ ~velo~nt, Inc.
the corporation that executed the within instrument on behalf
o f ~A ~NG ~ON P~P
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.
bli
~aid County an~State ~~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this ~ day of c_~_ 1987, before me, the under-
signed, a-N---~ry Publi~ ~-~nd for said county and state, per-
sonally appeared ~
personally known to me (or proved~on the basis of satisfact
ory evidence) to be t~e person who executed the within instrument
as the ~ ,~ , ~t, and
0 0 personally known to me
(or proved to me on the basis of satisfactory evidence) to be
th~person who executed the within in~trQment~.. ~ ~ a~the
~/~,~ ~ary of ~ ~ ~
the corporat.ion that executed the~ithinh;~ ~=~,instrumen~on Denaz[
of [~ ~-~1 ~~ {~c~~ t and
the partnership that,/executed the'within ~ns~rumen ,
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.
~, ,,~;=~,, P~m:~;~ Oh;ce San
~ . ~ ' 't.~.' My Comm~s,en Expires Aus. 30, 1991~
Nota~ublic in and for
said ~ounty and State
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE 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 [] 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 San D±eqo ) CORPORATION
On this 17th day of September in the year ]-987 , before me T.inda J. Tarr
a notary public, personally appeared Keith E. Clements
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 INSURANC ~rporation therein named, and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the day and year above written.
OFFICIAL SEAL /
~ ,~ :;*~(;~f/,'/ PRINCIPAL OFFICE IN
· 29
A'LLI~D Mutual insurance Company Power of Attorney
701 Fifth Avenue
Des Molnes. Iowa 50504-0974 Insurance
KNOW ALL MEN B~ 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, Dan Young, Linda J. Tarr, Kerry Jeannette,
LaMesa, California
each in his individual capacity, its true 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 guaranteeing
the payment of principal and interest of notes, mortgage bonds and mortgages) in penaRies not exceeding the sum of
TWO MILLION DOLLARS AND NO/I00 .......................................................
($ 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 of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed.
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 Attomey(s)-in-
Fact appointed by the President, or by a Vice President."
"Section 3. The President, or a Vice President, shail have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-
In-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 ct any such instrument. The appoint-
ment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President. or the Vice President.
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
executeP 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 on the Corporation of any pond, 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 Attorney(s)-In-Fact appointed by the President. or a Vice President, or any Power of Attorney executed on behaff of the Corporation appoint-
ing 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 sea be affixed o 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
simil&r 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, shal! be effective and binding upon the Corporation with the same force and effect as the original signatures of any of 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 7th day of Ju]-¥ ,'?,,.'~ 19 87
~,:,'.'~:~, AL ED MUTUAL IN,~ff~ COMPANY
;:,.~:=. SEAL..'~
,, _, By _ d
STATE
OF
IOWA
COUNTY OF POLk ss
On
this
7th
,1987, beDe epeso ycame J .Evans.
,.,al, aY..°L
s"T2Jny. did depose and say that he 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 Boarcl of Directors of said corporation and that he has
signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of .~id corporation.
! ; 5 ,: ~;:~!:: F~,:~ I S.A. Denning .'~.J' '
; ~-'~ . , ', ' ! I Notary Public in and for the State of Iow~
i ~ 3 ~ I 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 still in force, and further certify that Section 2, 3, 4, 5. 6
'md 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
17th
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this day
o, '
This Power of Attorney expires ~ '.?/ ,~...' ~' Secretary
· · .~j ~/ . ~.,"~ BOND NO. Bd 391083
! DATE: 9-17-87
$618,000.00
, PRE~IU~ 4,326.00
BOND FOR FAIT~UL PE~O~CE
WHEREAS, The City Council of the City of Chula Vista,
State of California, and BONITA LONGC3LN~ON PARTNERSHIP
(hereinafter designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , and identified as project RONITALONG CA~ON UNITNO. ~
, is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and
ALLIED~UTUALINSURANCECOMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of SIX HL%~RED EIGA~fEEN THOUSAND
AND NO/100 ............... dollars ($. 618.000.00 )
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 ~art 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 j~dgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement 6r 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
September 17, , 19 87
Kei~ E. Clots, Atto~ey-~-fa~
Contractor Surety
APPR~ TO FORM:
PW-E-34
BONITA LONG CANYON PARTNERSHIP
A CALIFOF/~IA GENERAL PARTNERSHIP
BY: McMILLIN DEVELOPMENT, INC.
A CALIFORNIA CORPORATION
BY: ,~__~f/~'~., [~/~ ~/
BY: HOME CAPIT~ CO.OPTION
A CALIFO~IA CO.OPTION
STATE OF CAI~IFORNIA
COUNTY OF SAN DIEGO
On this 17th day of September 1987, before me, the under-
signed, a Notary Public in and for said county and state, per-
sonally appeared Lloyd V. Hill
personally known to me ~--p~-~wed-~-me-~+-~-ba~-s ef--&a~-i~a~-
o~y-e~'ide~) to be the person who executed the within instrument
as the Executive Vice President, and
l~obert L. JOnes personally known to me
(~r--pT~e~- to-~e--e~--t-~e-4Das~s-~f--~a-t-~s~mcto~-l~-~¥4~¢~) to be
the person who executed the within instrument as the Senior
Vice President Se~e-t-a~-y of Mcb~illin Develov~nent, Inc.
the corporation that executed the within instrument on behalf
o f BONITA LONG CANYON PARTNE~H/_P
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.
Pu
said County anS,/State ~. expi~s ~1~,q.31, ].9S9!
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this ._~ day of ~ 1987, before me, the under-
signed, a Notary Public i~h and for said county and state, per-
sonally appeared 3~-~ /J-,,,F.f/v'~'''~
personally known to me (or proved to me on the basis of satisfact
ory evidence) to be t~e person who executed the within instrument
as the ~ %~-~at, and ~ ~. 0q
, personally known to me~
(or proved to me on the basis of satisfactory evidence) to be
th~person who executed the within in~tr~ment a~the
~/~.~~ ~a'ry of ~ ~~ ~ ·
the corporation that executed the~ithin' instrumen~on behalf
the partnership that <'executed the 'within instYument, and
acknowledged to me that such corporation executed the same
as such partner and that such partnership executed th~ same.
WITNESS my hand and official seal.
t . ~' Ely C0mm,xs,0a Expires Aug. 30. 19~11~
Notary)Public in and for
said County and State
_ . STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE 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 PUBUC
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 Sa_,m_ D.i6<fo ) CORPORATION
On this 17th day of September in the year 1987 , before me Linda J. Tarr
a notary public, personally appeared Keith ~. Clen~-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, t,t,t,t,t,t,t,t,t,t~rporation therein named, and
acknowledged to me that the corporation executed it / /
~ ~ (SEA~HDA J TARR ~ / /~/~ ~/~ / NOTARY PUBLIC
~'~.. ~;,c~<~.. NOT~RY PUBLIC . CALIFCRN~ ~' ~ ~- ~ -
Sd 294 (1-87) ~ f;y Commission Expires April 4, I988 ~ - '.
A'LL/E~2 ,V~Jtual Insurance Company Power of Attorney
701 Fifth Avenue
Des Moines, Iowa 50304*0974 Insurance
KNOW ALL MEN B'Y 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, Dan Young, Linda J. Tarr, Kerry Jeannette,
LaMesa, California
each in his individual capacity, its true and lawful Attorney-In-Fact with fuji 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 guaranteeing
the payment of principal and interest of notes, mcr[gage bonds and mortgages) in penalties not exceeding the sum of
TWO MILLION DOLLARS AND NO/100 .......................................................
($ 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 of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed.
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 Attorney(s)-in-
Pact 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)-
in-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 tull power to bind the Corporation by their signature and execution of any such instrument. The appoint-
ment of such Attorney(s)*ln-Fact shall be accomplished by Powers of Attorney signed by the President, or the Vice President.
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 Secreta~, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly
execute~3 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 on the Corporation of any bond, undertaking, or obligatory
instrument of similar nature, other than policies and endorsements, signecl on behalf pt the Corporation by the President. or a Vice President,
or Attomey(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appoint-
ing Attomey(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 Articie 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, shal! Pe effective and binding upon the Corporation with the same force and effect as the original signatures of any of 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 e.dorsement, 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 7th day of July ;?,,,'~. 19 87
.~-~;~"';~':~, AL ED MUTUAL IN~:~'A~C~ COMPANY
'.~ ~ ~-:.SEAL: ~ #
"' ~. 'o,'b ,,'.'~:': ~ By President
STATE OF IOWa ' "'" '
COUNTY OF POLK ss
On this 7th day of July , 87, o e persona y came John E. Evans,
to me known, who, being by me duly sworn, did depose and say that he President of ALLIED Mu ual Insurance Com0any, the corporation
descriPed in and which executed the apove instrumenC [hat 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 aumority given by the 8oaru of Directors of said corporation and that he has
signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of id corporation.
: : ~ ~ .Ci?,: "!J{;, I S.A. Denning ·
- c-, I Nota~/Public in and for the State of Iowa
'-~. ~ ' L/:. I 3 - O~ I 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 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 affixed the seal of the company this i?"P-~ day
of September ' .19 87
This Power of Affornev expires ~ '.¢~. %: · Secretary
July 10, 19~9
~)py # ~ of 3 executed oDpies'~Od' ~ Bond No. 7900 520220
· ? Date: 10-30-87
SURVEY MONUMENT INSTALLATION BOND $10,000.00
.~ Hc~e Capital Corp. and Mc~illin
~ · Develo~nent, Inc. a part dba
KNOW ALL MEN BY THESE PRESENTS, That I/~eBONITA LONG CANYON PARTNTERSHIP
as the subdivider and Principal, and the ~11~ed~t1~al Insuranc~
a Corporation of the State of California , as Surety, ar~ ~eld and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach ~f,~ ~o~-
ditions hereof, in the penal sum of TEN ~{ouSANDAND NG 100
($ 10,000.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
W~HEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as BCNITALONGCANYONUNIT NO. 6 subdivision 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 ge.t.same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if the
Principal shall have set durable monuments of the survey by
(name of
SQUTHWEST , as per the final map of said subdivision, a copy of
Engineer)
which 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 completic
and acceptance of Public improvements within said subdivision, then the
obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this 30th day of October , 1987·
(see attached signature page) (Principal)
BY. A~t~rHe~-'ifi-~a~.~ Keith E. Cl~ne~ts
City A~ney
PW-E-34
,?v.,. 37
BONITA LONG CANYON PARTETERSHIP
A CALTFOi~NIA GENEP&L PARIIXIERSHIP
BY: ~MTTZ,IN D~v'ELOPMt~, INC.
A CALIFORNIA CORPORATION
BY: HOME CAPITAL OORPORATION
A CALIFOI~IA CORPORATION
STATE OF CALI'FORNIA
COUNTY OF SAN DIEGO
On this 2nd day of November 1987, before me, the under-
signed, a Notary Publi'c in and for said county and state, per-
sonally appeared Llo~t V. Hill
personally known to me (CT ~-rcvcd ~c~ ..~ .... v.. ~^~..~ w-~ of ..... ~:~f~t~
cry cvidcnc~) to be the person who executed the within instrument
as the Executive Vice President, and
Robert L. JOnes personally known to me
(or proved te--me--~n th~ ba~is ~f sa~t-i-~T-y-e~-i~e%en~e) to be
the person who executed the within instrument as the Senior
Vice Presiden~ S~ of McMillin Develo!~ment, Inc.
the corporation that executed the within instrument on behalf
o f BQNITA LONG CANYON PARTNERSHIP
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.
11 ~% JOYCE A BENEFIELD j
Not~/r~Public in az~d for ~~^!i';~' ~OTa~¥~USL,C-CAL,FOaN,a ~
said tounty and S~'ate ~ ~~xpi~es MAR 81. 1989i/
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
this
day of/z~/2~-1987, before me, the under-
signed, a Notary P~bl[c in and for said county and state, per-
sonally appeared ~'+~L~cw
\/
personally known to me (~)r~ to ~.~-~ on th~sis~a~-is~a~
.~y evidance) to be the person who executed the within instrument
as the ~o~ ~l~w~ ~;~v- ~t, and
~{~. ~ ~ ~%,~%~ ~ personally known to me
(~o~d to me on thais of sat~~~) to be
the person who executed the within instrument.as the
th~ corporation that executed the withih instrument %n behalf
the partnership ~at exerted 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.
~ '~ Il ~C~ ~;I NOTARy PUBliC- CAL FOfiN A
~0~ [y Publicqn ~nd [o[ Il ~,~ Principal Office ~. Saa Diego Coun
8ai~ County an~ State
II--My Commission Expires Fe~.
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE 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 [] 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 S~'3. D±e~:::[o ) SS. CORPORATION
On this 30t~ day of Octok~-_~ in the year ~987-, before me ~e~ 3e~e~te
a nota~ public, personally appeared Kei~ E. Clots
personally known to me, or proved to me on the basis of satisfacto~ evidence, to be the person who executed the within
instrument as aEorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it
Witness my hand and official seal on the day and year above wri~en,
~ ~FF~CIAL SEAL ~ '
~?~EA,,K"EEYJ~ANNE~ ~ ~~ NOTA.YPUBUC
ALLIhD yutu,)i Insurance Company Power of Attorney
701 Fifth A venue * t,I ~ ,~ 4' 0
Des Moines, Iowa 50304-0974 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, Dan Young, Linda J. Tarr, Kerry Jeannette,
LaMesa, California
each in his individual capacity, its true 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 guaranteeing
the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
TWO MILLION DOLLARS AND NO/100 .......................................................
($ 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 of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed.
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
"Sect on 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 V ce Pres dent, or by Attorney(s)-in-
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)-
In-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 instrument. The appoint-
ment of such Afforney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or the Vice President.
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, undertal(ing, or obligatory instrument of similar nature, other than policies
and endorsements, to which this Power ct Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation,
according to ts erms when execu ed by AEorney s -In-Fact appointed by the President or a Vice President."
"'Section 5. It shall not be necessary to the valid execution and bndng effect on he 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 Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appoint-
ing Attorney(s)-In-Fect 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 alfixed to any such instrument Put the person authorized
to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shalt 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 pond, 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 of 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 7th day of July 19 87
" ~E: SEAL':~ B-' ./~ President
STATE OF IOWA
COUNTY OF POLK ss
On this 7th day of July , 19 87, before me personally came dohn E. Evans.
to me known, who, being by me duly sworn, did depose and say that he esident of ALLIED Mutual Insurance Company, the corporation
described in and which executed the above instrument; [hat he knows ~al of said corporation, that the sea~ affixed to said instrument
is such corporation seal; that it was so affixed pursuant to authority given by the Scare of Directors of said corporation and that he has
signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of¥id corporation. .
· ' ~'-~ , ", ' Notary Public in and for the State of Iow~
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 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 affixed the seal of the company this 30th day
Th s Power of Attorney expires ~ ,+ ,~,; · Secretary
J 1 i ....
u y 10, 1989 % ..... .__~