HomeMy WebLinkAboutReso 1971-5938
c.
Form No. 352
Rev. 11-67
RESOLUTION NO. 5938
RESOLUTIONcOF,THECITY COUNCIL OF THE ,CITY OF CHULA VISTA
APPROVING AGREEMENT"FOR THE COMPLETION OF IMPROVEMENTS IN
APOLLO UNIT NO. 1 SUBDIVISION
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
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The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between the CITY OF ,CHULA VISTA, a municipal corporation, and Sub~
divider, APOLLO ASSOCIATES
dated the 5th day of . January ,.19.11..' for the completion
of improvements in that certain subdivision known as Apollo Unit
No.1,
a copy of which is attached hereto and by reference made a.part here-
of, 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
l Vista be, and he is hereby authorized and directed to execute said
! agreement for and on behalf of the City of Chula Vista.
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P,;l;psenten h"
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Lane F. Cole, Director of
Public Works
Approved as to form by
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George -D. Llndberg, City
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ADOPTED AND APPROVED.
VISTA, CALIFORNIA, this. 9t)1
following vote, to-wit:
by the.CITY COUNCIL of the CITY OFCHULA
, day of February , . 19~, by. the
AYES:
Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
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NAYES:
Councilmen None
ABSENT:
Councilmen None
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ATT"T(2~/ f01~/"
~ . Clty Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~~
Z;yO' of tho ity of 'huh :,::. .
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Vista, California, DO HEREBY CERTIFY
correct copy of Resolution. No.
amended or repealed. DATED
, City Clerk of, the City
that the above is a full,
, and that the same has
ofChula
true. and
not been
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City Clerk
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5th day
of January , 19~, by and between the CITY OF CHULA
VISTA a municipal corporation, hereinafter called "City", and APOLLO
ASSOCIATES, 3246 Governor Drive, San Diego, California 92122, a general
partnership, hereinafter called "Subdivider";
WIT N E SSE 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 APOLLO UNIT NO.1, pursuant
to the provisions of the Subdivision Map Act of the State of California,
and in compliance with the provisions of Chapter 28 of the Chula Vista
City Code relating to the filing, approval and recordation of subdivision
maps, and
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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 Chapter 28 of the Chula vista City 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
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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 improvement
work required by City in connection with the proposed subdivision 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. 5787, approved on the 8th day of September,
1970, and
.
WHEREAS, complete plans and specifications for the construc-
tion, installation and completion of said public improvement work
have been prepared, submitted and approved by the Director of Public
Works, as shown on Drawings No. 70-l07D, 70-93D through 70-95D, on
file in the Office of the Director of Public Works, and
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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 SIXTY FIVE THOUSAND, FOUR
HUNDRED SEVENTY SEVEN DOLLARS ($65,477.00), to which ten percent (10%)
thereof has been added, which estimate is attached hereto marked "Exhibit
A" and made a part hereof, and
WHEREAS, the estimated cost as approve~ by City for the
installation of all monuments is attached hereto, marked "Exhibit
B" and made a part hereof.
.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
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1. .Subdivider agrees to comply with all of the requirements
of the tentativ~ '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
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and approval of the Director of Public Works, all of the public improve-
ment 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 specifi-
cations, which documents have heretofore been filed in the Office of
the Director of Public Works 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 com-
pletion 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 first anniversary date of the recordation of the mapa said sub-
division.
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4. It is expressly 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
Director of Public Works has certified in writing the completion of
said public improvements or the portion thereof serving said buildings
or structures approved by the City; provided, however, that the improve-
ment security shall not be required to cover the provisions of this
paragraph.
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.
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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 SEVENTY TWO THOUSAND,
TWENTY FIVE DOLLARS ($72,025.00), which security shall guarantee the
faithful performance of this contract by Subdivider and is attached
hereto, marked "Exhibit C" and made a part hereof.
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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 THIRTY SIX
THOUSAND, THIRTEEN DOLLARS ($36,013.00), to secure the payment of
material and labor in connection with the installation of said public
improvements, which security is attached hereto, marked "Exhibit D"
and made a part hereof.
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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 ONE THOUSAND,
SIX HUNDRED DOLLARS ($1,600.00), to secure the installation of monuments,
which security is attached hereto, marked "Exhibit E" and made a part
hereof.
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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 Director of Public Works 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.
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~ 10. It is also expressly agreed and understood by the parties
I '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
works or any materials furnished therefore, except to the limits estab-
Isihed by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of
Chapter 28 of the Chula vista City Code.
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 Director of
Public Works shall be paid by Subdivider, and that Subdivider shall
have deposited with City a sum of money sufficient to cover said costs.
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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 omissions of Subdivider,
his 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.
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13. It is understood and agreed that City, 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,
his agents or employees, in the performance of this agreement. Sub-
divider further agrees to protect and hold harmless City, its officers
and employees, from any and all claims, demands, causes of action,
omissions of Subdivider, his agents or employees, in the performance
of this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this para-
graph. Said indemnification and agreement to hold harmless shall ex-
tend 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.
14. In the event that suit is brought upon this contract by
City to enforce the terms hereof, City shall be entitled to a reasonable
sum as attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
MIC
::::TOLY;C~,
(/ City Clerk .
Approved as to form by
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~orney
Attach Notary Acknowledgment here.
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a STATE OF CALIFORNIA
COUNTY OF_ San Diego } SS.
a ^°~~ On_ January 5~j ,before me, the undersigned,
r rn a Notary Public in and for said County and State, personally
appeared MICHAEL A. MORRIS ,known to me to
= be the_ViCe president, and ----
a~d. _ known
_ to me to be the --- Secretary of BAHAR
° CONTRACTING CO. ,the corporation that
executed the within instrument and known to me to be the persons
w who executed the within instrument on behalf of said corporation,
~ said corporation being known [o me to be one of the partners of
a __TIME DEVELOPMENT CO.
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that sue nership executed a same.
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y
~ 10 1971
Name (Typed or Printed)
~ Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
~0600OOte0000000®0400
® ~~ ~ APdNE GROGAN O
~ ~"~~ ' ~~ ~~iQTARY PUBLIC -CALIFORNIA d'
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;~ rr"%Ir;~IPAI GFfiCc !N
SACr' DIEGO CCHJNiY
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®4070 ~QfO000O000Q00000
LIST OF EXHIBITS
Exhibi t "A"
Estimate of Cost of Construction of Public
Improvements
Exhibit "B"
Estimate of Cost of Monuments
Exhibit "c"
Improvement Security - Faithful Performance:
Form:
Amount:
Exhibit "D"
Improvement Security - Material and Labor:
Form:
Amount:
Exhibi t "E"
Improvement Security - Monuments:
Form:
Amount:
Securities approved as to Form and Amount
by j~~--" ~~ ~~,
.- './ <)-tY'Attorney' t;/
Improvement Completion Date:
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NO. B-626571
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SURVEY Iv10NIlViEJ'-.11J.1 INST1\II:LATION BOND
KNOW ALL MEN BY THESE PRESENTS, 1'.hat I/We APOLLO ASSOCIATES, A PARTNERSHIP
a.s the subdivider and Principal, and the
UNITED PACIFIc INSURANCE COMPANY
a'Carporation of the State of
Washington
, as Sure t.y, aLe
hetd and firmly bound unto the City of Chula. Vista, a municipal corporatio:),
~n the County of San Diego, St.ate of California, and to and for the benefit
of any and all persons \oIho may stlffer damage by reason of the breach of
',~,
the condi U.ons hereof,' in the
($ -1_,_600.00
lawful money
penal sum of ONE THOUSAND SIX HUNDRED AND NO/IOO
. DOLLARS
of the Uni ted States of America, t.O be paid
to the said City of Chula Vista.
v~lE&SAS, the said Principal is present.ly engaged in subdividing
certain lands to be kno\oln as
APOLLO UNIT #l
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 recordat.ion of' the final'map of the 3ubdi~\;rision and desiY€23
to go' t ., "nl"' a.t - l-c' o~' o' "~D
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Principal shall have set durable monuments of the survey by
NOvJ, ~.'HEREFORE, the condition of the above obligation is that if the
(;c,;1Zt:-</I,/
(naJl1e of
, as per the final map of said subdivision, a copy of
Engineer)
which is on file with the City Engineer of the City of ChulaVista, refer-
.ence to which said map is hereby made and same is incorporated herei:'.. as
though here set forth in full, and according to the ordinances of the
City of Chul.a V2-sta in force and effect at the time of giving of this bond,
on or before the expirat.ion of thirty (30) consecutive days following
"completion and acceptance of public improvements w2-thin sai.d subdivision,
then the obligation shall be void, otherwise to remain in full force and
effect.
IN
set
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71
A-rARTNERSHIP
their hands,
APPROVED AS TO FO&~:
Vice
E COMPAN
The premlum charge for this Bond is $24.00
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State of Col iforni 0
.. ~ I County of
San Diego
55:
January 4 71
On G EJ9-, before me, the undersigned, 0 Notary Public in and for said, County, personally
j LJ. jyUU L Y'
appeared . known to me to be the person
whose name is subscribed to the within instrument os Attorney.jn-Foct of UNITED PACIFIC INSURANCE COMPANY, ~nd
acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, os Surety, and h~
own nome as Attor'"heyt!~'f9c.t~~,.,...r:C'......,;o:.,",..>:'",''.;''''~,::,,;S~
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My Commission expires emuer 18
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8-2004 California Jurot (Attorney-in_Fact Acknowledgment) Rev, 1-65
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STATE OF CALIFORNIA }
COUNTY OF San Diego 55,
On January 5, 1971 , before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared MICHAEL A. MORRIS known to me to
be the Vic~President, and , known
to me to he the Secretary of BAHAR
'CONTRACTING CO. . the corporation that
executed the within instrument and known to me to be the persons
who executed the within instrument on behalf -ff said corporation,
said corporation being known to me to he one of the partners of
TIME DEVELOPMENT CO,"/ , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
""'Mq:~~: ~
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
~U~O~09~OQOQOOOQOOOO
i'J!.. ANNE GROGAN 0
n ~-, .... . NOTARY PUBLIC - CALIFORNIA 4)~
~ t . PRINCIPAL OFFICE IN
Q .: .~: SAN DIEGO COUNTY
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UNITED PACIFIC
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INSURANCE COMPANY
A MEMBER OF UNITED PACIFIC INSURANCE GROUP
HOME OFFICE: TACOMA, WASHINGTON 98401
~IDE:LlTY .......0 SURETY DEPA.RTIIltENT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by By~Law No. 37-A of its By-Laws, which reads as
follows:
"The President, any Executive Vice-President, any other Vice' President, any Assistant Vice,President, or any Resident Vice' President of this
Corporation, shall have authority to appoint in writing such attorneys-ill' fact as the business of the Company may require, and to authorize such
attorneys-ill-fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre-
tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu-
tive Vice-President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur-
suant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint
J. D. HIDGLEY, of San Die[;o, California
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety. and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP<
The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed
by" its
thi~
E~l:ecutive
5th
Vice-President and its corporate seal
day of Ha rch
to be hereto affixed, duly attested by its Assistant Secretary,
,19-111-<
UNITED PACIFIC INSURANCE COMPANY
Attest: /s/ Louis G. Giahara, .Jr<.
Assistant Secretary
By
I ~ I MO~ri ~ R B":,,o,.:rp
E;l:ecutive Vice-President
(SEAL)
STATE OF California
}ss
." County of Los Anp,eleo
On this ~ day of
M;',i;A('h
, 19~, personally appea.red
Ivjnrris E. .nrml1n
and Louis G. Graham:. Jr. , to me known to be the E'~ecutive Vice-President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that By-Law No. 37-A, set forth therein, is still in full force.
Witness my hand and seal hereto affixed the day and year first above written.
My Commission Expires
LJa~uaTY lLI.J
.ILliL<
County of Los Anrreles
}s;
/s/ Kathleen Harrin~ton
Notary Public in and for the State of Ca 1 i forn i ~
Residing at T.n" A11~pl p.~
STATE OF California
I, l..ouin G. Graham. Jl~. Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,
do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same
is still in full force and effect.
this
IN WITNESS WHEREOF, I have hereunto set
4th, January
day of
my hand and
affixed the seal of said Company at the City of T.ns AnO"el~_
.7 ~ ~~.A.. ~ez-7~, 9 (SEAL)
As;;",nt Swct"y ---=l?fS. <~qoK
71
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8-1027A General - Power of Attorney Rev. 11-66
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BOND FOR HATERU,L fu"iD LABOR
KNO\'1 ALL .MEN BY THESE PIlliSENTS, Thilt 1/\i'e APOLLO A.?SOCIA.TE2L-~!":AR!NER~HIP
the contr~ctor in the,contract hereto annexed, as Principal, and
UNITED PACIFIC INSURANCE COMPANY
I as Surety, arc held
and firmly bound unto the crcy OF CHUL1\ VISTA, a municipal corporation,
f THIRTY-SIX THOUSAND
located in,San Diego County, California, in the sum 0
AND THIRTEEN AND NO/lOO DOLLARS
($ 36,013.00
), lawful money of
the United States, for ,-,hich payment, well and truly to be made, vIe hind
ourselves, jointly and
Signed, sealed and dated
severally, firmly by these
January 4,1971
presents.
The condition of the above obligation is that if said Principal,
as contractor in the contract hereto annexed, or his or its subcontractor,
fails to pay for any material, provisions, provender,oy teams, use~ in,
'upon, for -or a;:,ouL the performance of the work contracted to be done by
said contractor, namely, t,o furnish all tools, equipment, apparat,us,
facilities, transportation, labor, and material, other than material, if
any, agreed to be furnished by the City, necessary to perform and pomplete
and to perform and complete 2.n a good and workmanlike manner, the' work'of;
\
APOLLO UNIT #1
in st.rict conformance ,-Ii th the terms and conditions set forth in the con-
tract herceto annexed, or for any ':lark or labor done thereon of any kind,
said Surety will pay the same in' an amount not exceeding the sum here,Ln-
above set forth and also, in case suit is brought upon this bond, a
reasonable attorney fee to be fixed by the courts. This bond shall inure
to the benefit of any and all persons, companies, and corporations
entitled to file claims under and by virtue of ~he provisions of an act
of the IJegislature of the State of California entitled "An Act to Secure
the Payment of the Claims of Persons Employed by Contractors upon Public
Works, and the Claims of Persons who Furnished Materials, Supplies,
Teams, Implements or Machinery Used or Consumed by suoh Contractors, in
the Performance of Such Works, and Prescribing the Duties of Certain
Public Officers with Respect Theretq;" approved May 10, 1919, as amei'lded;
and the saidSl',rety:for value--recehjed hereby 'stipulates and'agrees' thilt
no change, extension of time, alteration or addition to the terms of the
contract or'to the work to be performed thereunder, or the specifications
accompanying the Sillne, shall in any wise affect its obligations on this
bond, and it does hereby waive notice of any suoh changes, extension of
"time, alteration or addition to the terms of the contract, or to the work
or to the specifications.
UNITED PACIFIC INSURANCE COMPANY
By:
-- --
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(J3. . D. .M'~DGLE i , -
Attorney-in~Fac~z
Surety
Premium charge for this Bond included
in charge made for Performance. Bond.
Contractor
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STATE OF CALIFORNIA
COUNTY OF San Diego
On January 5, 1971
} 55.
, before me, the undersign~d,
a Notary Public in and for said County and State, personally
appeared MICHAEL A. MORRIS known to me to.
be the Vi C~President, and , known
to me to be thl" Secretary of BAHAR
CONTRACTING CO. , the corporation that
executed the within instrument and known to me to be the. persons
who executed the within instrument on behalf of said corporation,
said corporation -b-eing -known to me to be one of the partners of
TIME DEVELOPMENT CO. . 'the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that such artnership executed the same.
,.
----
FOR NOTARY SEAL OR STAMP
<>o<>o~<>o<>o<>o~<>ooo
() ~~ ANNE GROGAN ~
<>~)f' '''>' - ~
:). ~l~.,{.~;.,7:' ~,~';;;)~. NOTARY PUBLIC - CALIFORNIA
~ '~~f?c . " PRINCIPAL OFFICE IN '
'!. "" SAN DIEGO COUNTY
~~~~~~~<>O<>~O<>O<>O~
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Name (Typed or Printed)
Notary Public in and for said County and State
,
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State of California
County of
San Diego
ss:
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On January 4, L 19 7~ belo,e me, the unde";gned, 0 Noto,y Publ;c ;n ond fo, 'o;d County, pe"onolly
appeared J. U. Ml UG Er- known to me to be the person
whose nam~ is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, .and'
name of UNITED PACIFIC INSURANCE COMPANY, os Surety, and h~
acknowledged to me that_he su.bscribed..t.be
. &1',N',,"s'\i,bN).
own name as.. A1tQfonlt~!1\f\Gc"t!",l' - 'rr.. .~
~J'JV>i'.y.". OJ''nun "1
EVmN 1Il.INE P.R~l~-- . ".
.' NOTAR'! PUl>Uv ':
if '~!'i,f) .. ('1) CaUL ':';,
iP. ~."'l' I I Ollice, sun 01\:&0 \.' . '\'Al
~ --~ Prine po 18 1971 1~.1
\;' Expire, DeC.. ';.,
My Commlss\on _~ ""~ 'u'.""'\./::i:.'i~"
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My ommission expires December 18
71
, 19
8-2004 California - Jurat (Attorney-in_Fact Ac~nowledgment) Rev. 1.65
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UNITED PACIFIC
.
.
INSURANCE COMPANY
A MEMBER OF UNITED PACIFIC INSURANCE GROUP
HOME OFFICE: TACOMA, WASHINGTON 98401
nOEU.V A"-IO SURETY DEPARTMENT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by By-Law No. 37-A of its By,Laws, which reads as
follows:
"The President, any Executive Vice-President, any other Vice-President, any Assistant Vice' President, or any Resident Vice' President of this
Corporation, shall have authority to appoint in writing such attorneys-in,fact as the business of the Company may require, and to authoriz.e such
attorneys.in.fact, and each of them, to execute on behalf of the Company. any bonds, recogniz.ances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seaL The signature of the Secre-
tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile. and when the corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu-
tive Vice-President, any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur-
suant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint
J. D. tiIDGLEY, of San Dieso, California
its true and lawful.Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.
The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to he signed
by its
thi..
Executive
5th
Vice' President and its corporate
day of I-Iarc~
seal to be hereto affixed, duly attested by its Assistant
, 19--111--.
UNITED PACIFIC INSURANCE COMPANY
Secretary,
Attest: Isl Louis G. Graham, .1r.
Assistant Secretary
By
I q I Mnrri <': R Bt"OHn
E:,ecutive Vice-President
(SEAL)
STATE OF California
}"
". County of Los Anr.eles
On this ~ day of
M;;n"'h
, 19~. personally appea.red
"Harris E ~ Brntl1n
and Louis G. Graham. Jr. . to me known to be the Executive Vice-President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instrument and affixed the seal of said corporation thereto. and that By-Law No. 37-A, set forth therein, is still in full force.
Witness my hand and seal hereto affixed the day and year first above written.
My Commission Expires
January ] L~ J
.19-1JL..
County of Los Anrreles
}ss
Is/ Kathleen Harrinpton
Notary Public in and for the State of Cat ifornia
Residing at T,n~ Al1Ep-lp.:,f:;
STATE OF California
I, I,ouis G. Grahar:l. JA:'. Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY.
do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same
is still in full force and effect.
B-I027A General - Power of Attorney Rev. 11-66
and affixed the seal of said Company at the City of Los AnlJeles
...?-~~~.A-~-=--~/ 9 (SEAL)
A,,;stant Semta<y '~[S, S 930.
IN WITNESS WHEREOF, I have hereunto set mv hand
4th. January il
this day of . 19__.
r
BG. N0. B-626570
~, ~)',' :~,L.L, ~.:: 1?'% '~ ..,..; ~,;_;~.:~~~~, «~,` ~_~~;;,e APOLLO ASSOCIATES, A PARTNERSHIP
~~rinc ~~>a1 , =:_:!u UNITED PACIFIC INSURANCE COMPANY - ~. ~,tl_n ~,, ~ . -_~ l~~J.c;
_._. _.. __ __ ~.--~._._._...~_..__,.e.__,~__. _.~.-____-. ___.-_..._._.._._.-.. f
~iI"!L' f]_rmi~% bvUi.C: tlrlt%,` t}"iE'_ ~~1L.y Of ~:ilul~x ~71.`'.ta> `'~~it[? ~r ("•;~ i i=n?-'r~.i r. ~r,
'-he star; of SEVENTY=TWO THOUSAND AND TWENTY_FIVE AND NO/lOP$ 72 025.00 )
DOLLARS
Ja.vful rr~.oney of the ~ri1tE'G Stwtes, ro:c t}-I(? payment of t'~lc°h :.urn, ti:c~l.l c.nci
truJ_y t0 iJC'. made, WE' bled Ot1rSE'1VeS, ~C127t1y rind S~?Vfru!_ly, I1r.iiJ'j' by
- 1 ..
these presents.
The condit?.on cf the foregoing c'oligation is 8uc'i! that ;aherea.s said
Principal(s) has-have entered into or is-are about to enter into the
annexed contract. ~~.'itil the City of Chula Vista, }?ur.suar.t to the aut}~~or.:ity
of an act of the le,islatu.re of the State of Cal if0~~°.~ia, az~p:r~~ved Pnr:~l~
13, 1943, }mown as t}-i^ "Subdivision P"ap Act" (Charter 2, Part 2, Division
4 , Business ar.d ?'r.ofessions Code) and any amendm^nts thereto, fcr t.:~le
grading and surfacing of Streets and the construction of curbs, slde~,'a1kS
and CJUttE;rS and SeWE'rS , and otizer 1rt11~rOVement:' , a.ll ati S~iOL~In Gn tll
improvement plans fcr. APOLLO UNIT #1 _ , ~~~`lich
improvement plans are on fi.7~e in tiie ozfice-of t~he~Cty Er=lc7ineer~of they
City of Chula Vista, ar.d the payment therefor by Principal (s) and; whereas
tine Principal {s) i_s-are required by saicr City to give this bona ir1 can-
r.ection wi.f.}-. tae ex~cuti.or; of said cor:truct_-
NOP~, ~~H~'1tI'ORE, tf said Princ~pal_, as CGntractor in the cont.rac~
hereto arin;~x~~d, shall fait}.ful_ly perfor;ll each and al_1 of t}!o c;or.,c~i:~;_ons
of said ccntrac'~ to be per-ormed by ili.rn, and shall fur-r•i:~h ,i_1 ',pools,
eguil mvnt, apparatus, facil.itieS, transpor.tat7_on, labor; an<_J mat~~ri a.ls,
other than mat:~z~ial, ~_f any, agreed to be furr_is}Ied by the City, neces-
sary to perform ar?d complete and to perforr.l and complete i_n a good and
workmanlike manner the work of APOLLO UNIT #1 _
in strict conformity with the terms aricl conditions set worth in tie con-
tract hereto annexed, and shall. pay o_r cause to be paid, all persons who
perform labor_ for, or furnish materials to said contractor, or to any
sub-contractor, in the execution of said contract, then this obli.uation
shall be null. and void - otherc,;ise to remain ir: full force and effect;
and the Surety, for value received, hereby stipulate=s and agz-oes that no
change, extension of time, alteration or adcziti.on to th^ terms o'_= t'_:e
contract or_ to the ~•JOrk to be performed thnr_e~~nder, or t'_i s eCi:Li cations
accompanying the same, shall in any wise affect. its obligations on th;.s
bona, and i t does hereL-y waive notice of any sl~cl change, extens _on of
time, alteration or addition to the terms Of the contract or to the ~•JOrk
or to the specifications.
APOLLO ASSOCIATES, A PARTNERSHIP
-EVE
$~r; Baha Contxa ting Co.
B y :~_
MICHAEL A. MORRIS, Vice President
UNITED PACIFIC INSURANCE COMPANY
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Contractor
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~ty A~.torney
Surety
The pxemium charge fox this Bond
is $1,080.00.
~. ,., 34
STATE OF CALIFORNIA
COUNTY OF- San Diego } SS.
a On Januarys 1971 ,before me, the undersigned,
.~ n
~, rn a Notary Public in and for said County and State, personally
y appeared MICHAEL A, MORRIS ,known to me to
be the_ V1Ce president, and "" ,known
n
°~ to me to be the "" Secretary of BAHAR
CONTRACTING CO, , the corporation that
5 executed the within instrument and known to me to be the persons
~"o who executed the within instrument on behalf of said corporation,
said corporation being known to me to be one of the partners of
a __ _ TIME DEVELOPMENT CO, the
U partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
u and that suc~rtnership executed the same.
4 n
Q=
`" °' A N
r, d
~ M Coairt:-:-sio: ~z r 10 1971
Name (Typed or Printed)
~ Notary Public in and for said County and State
State of California
County of
San Diego
s s:
FOR NOTARY SEAL OR STAMP
o~4G~0~0~0®OOOOOOO~QO
~\ ANNE GROGAN O
rl
~„`_i-/ - `G~! 'Y ?i!2LIC - CAl?~=GRNiA ~
/4~ - ,~ frtaiVClPAt Cf~lC"e 1N
t3 {':~'~~ $AN DiEwp COUNTY
a°-"`SOS `~O~,ot74f]OO000OOOO~TO
On January 4 19 71 before me, the undersigned, a Notary Public in and for said County, personally
J. D. MIDGLEY known to me to be the person
appeared
whose name is subscribed to the within instrument as Attorney-in-FacT of UNITED PACIFIC INSURANCE COMPANY, and
acknowledged to me that_he ,54FbsaA~~A!`~1e!~ame of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 1S
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own epw nS.,A4.~toarney' in'~`acTr' - ~ ~_.+~
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My Commission expires 19_ ~~(~uTTT~ T~
E VE ~, ~N~~ dir d`A7f ~s`di41~du4?ty
8-2004 California - JuraT (Attorney-in-Fact Acknowledgment) Rev. 1-65
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B. NO. ,B-626570
BOND FOR F AI l'H.FUL PEp.F'Omt'io'JCE
KNO~'l liliL lVlEN BY 1].lHESE !;JPESEN'rS, ~.lh~t..:r/1^Je
APOLLO ASSOCIATES, A PARTNERSHIP
Principal, and UNITED PACIFIC INSURANCE COMPANY
1 as Surety, are held
Find firmly bound unto the City of Chula Vista, State of California, in
the sum of SEVENT~-TWO THOUSAND AND TWENTY-FIVE .~D,NO/~p$~025:00 ____),
DOLLARS
lawful ~,oney of the United States, ::Oar the payment of ,,;,i.;:h sum, \'iell and
,
truly to be made, we bind ourselves, jointly and soverally, firmly by
'these presents.
The condition of the foregoing obligation is such that whe;::eas said
Principal(s) has-have entered into or is-are about to enter into the
annexed contract with the City of Chula Vista, pursuant to the authority
of an act of the legislature of the State of California,approved April
13, 1943, known as the "Subdivision Map Act" (Chapter 2, Part 2, Division
4, Business and Professions Code) and any amendments thereto, for the
grading and surfacing of streets and the construction of curbs, sidewalks
and gutters and sewers, and other improvements, all as sho'\vn on the"
improvement plans for____AP~~LO UNIT #1 , which
improvement plans are on file in the orfice of the City Engineer of the
City of Chula Vista, and the payment therefor by Principal(s) and; whereas
the Principal(s) is-are required by said City to give this bond in con-
necti,on witch the execution of said contract;
NOl'J 1 rrHEREEORE, if' said Principal, as Contractor in the contract
. hereto arinexed, shall faithfully perform each and'all of the conditions
of said contract to be performed by him, and shall furnish all 'cools,
equipment, apparatus, facilities, transportation, labor; and materials,
other than material, if any, agreed to be furnished by the City, neces-
sary to perform and complete and to perform and comple,te in ,a good and
workmanlike manner the work of APOLLO UNIT #1
in strict conformity with the terms and conditions set forth ln the con-
tract hereto annexed, and shall payor cause to be paid, all persons who
perform labor for, or furnish materials to said contractor, or to any
sub-contractor, in the execution of said contract, then this obligation
shall be null and void - ot.herwise t.O remain in full force and effect;
and the Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of t~e
contract or to the work to be performed thereunder, or the specifications
accompanying the same, shall in c.ny wise 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 contract or to the work
or to the specifications.
" APOLLO ASSOCIATES, A PARTNERSHIP
TIME llEVELOPMt:N 1 GO. .
By: B~g CO'~
~: ~.'
MICHAEL A. MORRIS, Vice President
UNITED PACIFIC INSURANCE COMPANY
By:
\ 1
Q. D, MIDGLEY,: I
. . , . 1
Attorney-in-Fact
Surety
Contractor
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APPHOVED AS TO FORI-!:
~ t,
~ Attorney
The premium' char.ge
is ,$1,080.00.
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this Bond
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5T ATE OF CALIFORNIA
COUNTY OF San Diego
On January 5, 1971
} 55.
, before me, the undersigned,
a Notary Public in and for said County and State, personaily
appeared MICHAEL A. MORRIS , known to m~ to
he the Vi ce President, and , known
to me to he thp Secretary of BAHAR
CONTRACTING CO. , the corporation that
executed the within !ns.tru~ent and known to me to be the persons
w~o executed. the ~'thm mstrument on behalf of said corporation,
saJd corporatIOn bemg known to me to be one of the partners of
. TIME DEVELOPMENT CO. , ,he
partnership that executed ~he withiri instrument, and acknowledged
to me that such corporatIOn executed the same as such partner
and that such rtnership executed the same.
FO.R NOTARY SEAL OR.STAMP
A N
M Comm is-sioL Ex r 10 1971
Name (Typed or Printed)
Notary Public in and for said County and State
/
,
State af Calif?~ni'a
.
~)i
County of
San Diego
ss;
On
January 4
J.
D.
, 19B before me, the undersigned, a Notary Public in and for said County, personally
MIDGLEY known to me to be the person
appeared
whose name is subscr!bed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and
acknowledged to me that_h\A:f~.JfJ'lP#'t'h.~:(ame of UNITED PACIFIC INSURANCE COMPANY, as Surety, c_nd h is
- " ""-'l~'\l\l', . . - I _u .
own ~reeb'O?~rf:tl'tAtn.ey-1 - actr~.lO: AR~HU_t.ln fi"
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\S-:}:f; Pnncrpa ' " \971 .
~, E pi"cS Dcc. \.." JI
tM commissiOn x .: r;..,If,~- ~~:t,f~,,~.J"-N"v.~
,,'l;ioa;A.~.!.i..u...~et'Bmoer IS-
~.~ap~ . .
My Commission expires
7l~
19 - / uLn-
-z::.- EVE ~ ~t-i~J;;, ARt;;HJJ;{'~Iil.y -
B-2004 California - Jurat (Attorney-in-Fact Ac~nowledgment) Rev. 1-65
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UNITED PACIFIC
..
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INSURANCE COMPANY
A MEMBER OF UNITED PACIFIC INSURANCE GROUP
HOME OFFICE: TAC,?MA, WASHINGTON 98401
FIDELITY "'~D $lJRETY DEPARTMENT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal
offices in the city of Tacoma, Washington, pursuant to authority granted by By' Law No. 37,A of its By, Laws. which reads as
follows:
"The President, any Executive Vice' President, any other Vice' President, any Assistant Vice' President, or any Resident Vice' President of this
Corporation, shall have authority to appoint in writing such attorneys'in,fact as the business of the Company may require, and to authori:>c such
attorneys,jn,fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity and other
undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secre-
tary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile. and when the corporate seal is affixed
thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, any Execu-
tive Vice-President. any other Vice-President, any Assistant Vice-President, or any Resident Vice-President may revoke any appointment made pur-
suant hereto, and revoke any and all authority conferred by any such appointment,"
does hereby nominate, constitute and appoint
J. D. MIDGLEY, of San Dieeo, California
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.
The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Tacoma,
Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed
by'its
thi>:
Executive
5th
Vice-President and its corporate
day of !.ja rch
seal to be hereto affixed, duly attested by its Assistant
, 19---20.-.
UNITED PACIFIC INSURANCE COMPANY
Secretary,
Attest: Isl Louis G~ Graham, .Jr.
Assistant .Secretary
By
1~L'Jyf"rri ~ R n.~QTIV
E~{ecutive Vice-President
(SEAL)
STATE OF California
}"
. County of Los Anp,elef:i
On thlS aL day of
M::iACh
, 19~. personally appea.red
l'-iorr is E. n rmV'o
and Louis G. Graham~ Jr. . to me known to be the Executive Vice-President and Assistant
Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, and acknowledged that they executed and attested the foregoing
instrument and affixed the seal of said corporation thereto. and that By-Law No. 37-A, set forth therein, IS stilI In full force
Witness my hand and seal hereto affixed the day and year first above written.
My Commission Expires
January Ii,.
. 19-.liL.
County of Los An<:!:eles
}"
IGI Kathleen Harrin~ton
Notary Public in and for the State of (;;t 1 i forn i ~
Residing at 1,0'1 Aneel eH
STATE OF California
I, T,ouin G. Grahar:l. J:i:"~ Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY.
do hereby certify that the foregoing instrument is a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same
is still in full force and effect,
this
4th.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at the City of LoS A.ns.g.Lec _
.7~~~.A.-~--.....-., 9 (SEAL)
Assistant Secretary ~[,5. .5 9 Z-
day of
January
71
.19__.
B-I021A General - Power of Attorney Rev. 11.66