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HomeMy WebLinkAboutReso 1968-5000a ~ a Form No. 352 Rev. 11-67 RESOLUTION N0. 5000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN CORKY McMILLIN'S SUBDIVISION UNIT NO. 3 AND AUTHORIZING THE MAYOR TO EXECUTE SAME 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,MACEY L. McMILLIN & DEVELOPMENT ASSOCS. OF CHULA VISTA, NO. 2, dated the 17th day of December , 1968 for the completion of improvements in that certain subdivision known as CORKY McMILLIN'S SUBDIVISION UNIT NO. 3 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 Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presen fed by / ~/ /~ Lane F. Cole, Director of Public Works Approved as to form by George DGeorge D Lindberg, City Atto y ADOPTED AND APPROVED by the-CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 17th , day of December , 19 68 , by the following vote, to-wit: Ltd. AYES : Councilmen Sylvester, Hamilton, Scott, McAllister NAYES : Councilmen None ABSENT: Councilmen McCorguodale _ _ ~ Mayo Hof the City o Chula Vista ATTEST`=' ~~ - `' X_..~-- -~ ._t a .ct:t ` ~ pro tem City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I. ~ , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk Form No. 410 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of December 1968 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and MACEY L. McMILLIN and DEVELOPMENT ASSOCIATES OF CHULA VISTA, NO. 2, Ltd., a partnership 30 East 24th Avenue National City, California 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 sub- division map of a proposed subdivision to be known as CORKY McMILLIN'S SUBDIVISION UNIT NO. 3 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 WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must either have 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, that 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 at its own expense to install and complete, free of liens, all of the public improvements andjor 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 its own expense, all the public improvement work required by City ~_n connection with the proposed subdivision and will deliver to City an improvement security as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions contained in Resolution No. 4894 approved on the 27th day of August 19 68 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 City Engineer as shown on Drawing No. 68-118D thru 68-119D on file in the office of the City Engineer of the City of Chula Vista, 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 TWENTY- FOUR THOUSAND, FIVE HUNDRED TWENTY-ONE and 65/100.......($ 24,521.65), _. .J 1.. _ _ z _.. i _ ~c~~_ l _ _ ,. tL _'.._..il ...._._ _._.:. . ~1 _, tP.;._._.:L .__.S ._,,.:..: _t_:~ =A, wr:iCii t?SL'it~:dtE _ attached a"lc'reG.1. iTi.z.L`k:.'C.: "1=,Xiili;it c =' d.^.Ci ITlczd-.~. a L?urt F1~?reOt, and 6~ifiE'R`~~S, the e5tlmate:' ce_,. a5 <~;~?>r_;,vea by the City for the 1 r i. ~ t ~? ~. 1- ~ L J !'i i7 f c; ~ i_ i ;? ~, ^ lli "! :' ~l L ~ i S _. is t ~ ~ i . `.' C.i ~. r c' ~..~ , , ; i u r 1';. C d , T f~? 1 ~i 1 t L and madFJ a parr. }T~re^t , r'OLLu"vi'S NOG4, 'I'~E.~cLru.<~., IT S ^1L'i'~~A.L.I.Y iJ~~D~riSFOOD AiVD huREED AS To corTioly with all of the re~uiYements of the tentative map resolution; to do and perform or cause to be done and performed at its owra expense, without cost. to Cl.ty, in a good and workmanlike manner, under the direction and to the sags±action and approval of the City Engineer, all of the public improvement and~'or land development work required to be doge ln.ard ad~oin.tng said subdivision; and wi11 furnish the necessary materials theretor_, all ir. strict conformity and in accordance Pith the plani and specifications, L~hich docume'rts have heretofore been filed ~n the office of the C:ty Engineer and by this reference are incorporated herein and made apart hereof. It ~s expressly understood and agreed that all monuments have been or will be installed within 30 days after the completion and acceptance of t::ne required impro~'ements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs haves not been installed. 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 map of said sub- di.visiora or, P,ecnm.~er 3, 1969 whichever is tree ear?_ier . It is expressly understood and agreed that the subdivider will perform sa..d iir•.proveme_zt work as set fortr. hereinabove or that portion of said in.Tprovem~r.t work serving ar:y buildings or structures ready for occupancy ~r_ said subd~vi:ion prior to the Issuance of any certificate of clearance for utility connections to the San Diego Gas and Electric Company for said build~_ngs or structures in said subdivision, and such. ce~tif_cate shall not be issued until the City Engineer has cert-iiled In writing the complet;_orl of said public Improvements or the pl:otion thereof serving said buildings or structures approved by the City, provided, however, that she impro~:ement security shall not be required to coder the provisl.ons oL this paYayraph, and %t is also understood a:-:d herein expressly agreed to by Subdiv_der that..Ln the perfGrmance of said work, Subdivider will con- fOrm to and abide by all of the provisions of the ordinances of the City of Chula Vista, the ~od.c of the City of Chula Vista, a.nd the laL~`S Or the ::~t?t2 Of California appiiCabf.e t0 Said wCr.'K. 5ubdividew further agree., that simultaneously with the eX?CUtlOn Ot ~-h_S aGret~'~nt; .t L'i1.1 tL1Yr?LSh and dF?liV2r t0 Clty an approved lmproverae:;t secur_t~r 1_n the sun: of T`~~'~'~'TY-SI z T~IOU~AND, NINI1 ':-IUNDRED AI1D SL'VENTY-FOUR DOLLARS ................. ($26, 974.00 ) ~ which security shall guarani>e tfi~~ fal thft;ul performance es this contract by Subdivider and is attac':~ed h=veto, mar-kecl "Exhibit~C" and made a part he.reor- Subdi~/ider furt-rer agrees that simultaneously with the execution of this agreement, it ~alll. Purr±isb and deliver to City a.n approved imp*°o:%ement secut_ty in thc, sum of FIVE IiUNDRLD AND SIXTY DOLLARS ........................($ 560.00 ), t0 SeCUYe i_r':e 1nSta)_ia~.lOn Of I;tJrlulfi0' t5, WhtCh :~eCtirit4' 1S attaCh2d hereto, mdrliF.;C;' nlrX]'11.iJlr~. D" ai7d itlade ~ :")?rt hereof. It is furth~:r a~reec7 tr.at ? .t" the publi~ improveraen~_:s are riot CGiT'i[Jletcd wl tr l.rt t}:c tliti° agre"C~ C`.c re i? , the 5t7^'iS prov iUe-'~ by SG id 1P,1~',rOt'~~i;i'nt S£'_Cil':~.ty 1??:'~ti' b? ,:.9E'~~ fJy Litt' LOr the COm~letlOri Of 1.~ ~".fiE: p~.lb' :_?Ti:.irOt'~!iit?!1i_:i witirlil ..~a= ~ :;llti?Ci 1_~77_S~OI'1 lri c'tCrOr~:anC.e With speclflc~atlcns c:~nta~.r~L,~ he, k-'>at ~ , r- r , _ __ ~ ~) L i _.~ ~1 ~`orm No . 410 Page 3 Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the Finance Officer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Subdivider, or .its successors In interest pursuant to the terms of the improvement security. It i.s also expressly agreed and understood by the parties to this agreement 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, or his sureties or bondsmen be liable for the payment of any sum or sums for the above-mentioned work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the Subdivision Map Act of the State of California and the provisions of Chapter 28 of the Chula Vista City Code. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the improvement plans and the installation of the public improvements hereinabove provided for, and the cost of street signs and street trees as required by the City and approved by the City Engineer shall be paid by the Sub- divider and that Subdivider shall have deposited with the City a sum of money sufficient to cover said cost. Tt 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 the Subdivider shall guarantee all public improvements for a period of one year from said 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 the Subdivider, his agents or employees in the performance of this agreement. That upon acceptance of the work on behalf of the City, the Subdivider shall grant to the City by appropriate conveyance the improvements constructed pursuant to thzs agreement, provided, however, that such acceptance shall not constitute a waiver of defects by City as set forth hereinabove. It is understood and agreed that City shall not, or any officer or employee thereof, 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. Subdivider further agrees to protect and hold harmless City, its officers and employees from any and all claims, demands, causes of action, lability or loss of any sort, because of or arising out of the acts or 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 paragraph. Said 3:demnifoation 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 dr~a.nage systems and the approval of City of the improvement plans as submitted by the Subdivider shall not constitute the assumption by the City of any responsibility for such damage or taking nor shall City, by said approval, be an znsurer or surety for the construction of the subdivision pursuant to said approved improvement plan. -3- n Form No. 410 Page 4 In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reason- able sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. 5000 of the City Council of the Clty of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. Improvement Completion Date: December 3, 1969 Improvement Securities for Subdivision Improvements: Form: Bond -- Travelers Amount: $26,974.00 Monuments: Form: Bond - Travelers Amount: $26,974.00 Approved as to form by THE CITY OF CHULA VISTA ,~ ~ , ,~~" Mayor pro tem SUBDIVIDER, MACEY L. McMILLIN and DEVELOPMENT ASSOCIATES OF CHULA VISTA. NO. 2 Ltd., a partnership ~_ ~~ ~'' .~ / r'' % t :~'~%~ Cit Attorney -4- .~ BOND ~'®~ MA~EI~IA~ AND LABOR ICN®GP AIaL MEl~. BY ~FiESE PRESEN:~S rz DEVELE:~PiL~ENT ASSvCIATES 0F' CHULA VISTA the contractor ghat ~/We MACEY L . 1'~cNI LLIN , Jk . ATE D in the contract hereto annexed, as Pr~,ncnpal~ and THE TRAVELERS. TNDET~~iIVITY CGT~-'T~AI~3Y 0 as Suretyo are held and firmly bound undo the C~°I'i'' ®F CIi'UT:A SI~S"rAB a muni- cipa~ Corporat~.ono located ~,n San Diego Goun~:yo Cal,nfo~nia, in the sum of No/1 cotrs THIkTEEN THGUSAPJDa FGUR HUI~dDtiED EIGHTY-SEVEn AivU/ ($ 13,4$7.G0 .awful money oaf the United Stateso for which paymento well and truly to be made we bia°~d oursel~reso ~oi.r~tly and se~rerallyo firmly b~ ~.hese p~~sents. Signedo sealed and deed December 2, 196$ 'The cond.~.tion of tl~:e above obingation is that of said P~~i.nci.ps.ln as contractor in the coni~ra~°t hereto annexedo or his or its subcontr.actor~ fails ~;a pay fdr any mate~°ialo p~°o~ismm~sa provender, or teamsa used i.n~ upon fog or about the performance of the work contracted to be done by said contractoro namelyo to furnish all too~,so equipment appara°t.usa fac- ilitnes ~ t:~s.x~sp~rt~at~,on labor o and material o other than maternal a of any o agreed !~o be fu~~aa~.shed by the Cityo necessary to perform and' complete and to perform and comp~.ete .in a good and workmanlike manner® the work cfo Corky NicNiillints Subdivision ~3 i~;; str~.,~t ~°,c~~r.fc ~mance w~..t.h °t~e *~erms and condi.tnons set fo~°tYa ~.n °the ron- t~act he~e~:o annexeda or for a~yr work or labor done thereon of any kind said 5~,1~~ety w~.~,l pay ~t.he same in an amount not exceeding the sum herein aboue set. fo:~~kh and a:~so~, in case su~,t is bought upon this bonds a reason a:~,le at:toa~°ney fee t~.o be fixed by the courts. phis bond shall inure to the benefit. of any and al..~ per.son~ ~ companies A and corporations en* ~..t.~.ed t.o fide ~.~~ a °~ms under ar~d by wi~°tue of th.e proe~~isions of an ac ` of ~.h.e Y,eg~,s~.atu~e of the State of Califon°nia entit;I,ed °'An Act to Se~°ure t.Tne ~'ay~ went cf the Claims of Persons Employed by Contractc~°s upon Public kiork~s o and the ~'laa%ms of Persons who ~'urn~.shed Mate;~i.als a Supplies ~ "*"eams o ~;mpl,e~ manta, or d~+iachine~y Used or Consumed by such Contractors o in the Perf'o.~°m-~ ~a:,~~~~e of Sucks V~o~°kso and Prescribnnc~ the Dut~.es o.f Certain Pub.l~kc ®f£~.ce~ s wit:ts E~espect ''hereto'°~ app:t°oved JMay a~,0o 131~o as amended; and the said ~~1~ety fo:~ value ~~ece~,ved hereby stipulates and agrees thaic no chang,G; o ~x~ens.non of ~t.imeo alteration or addition to~the terms of ~:he cont.rac~t r~~~ ~o the work to be performed °theereunder, or the specifncat~,ons acco~r~pany~ Ong tae same shall in any °~ise affect its obligat~.ons on this bound and ~,~. does he.~eby wai~re notice of any such changesq extensnon o.f times a:~te~.® a~'~,i,o~n or addition to tine terms of the contract or to the work or to the ;~pec:~,f.~.ca°~ ~c~ns Con~tax ®~° ~, As ~o ~ C,i,;,.~. Atto>e y THE TithVELEttS INDEMNITY COTlrAI~Y Surety ~. ~ - - , Richard ~T. Campbel Attorney-in-fact '~°`~8 Bond No. 155321 ~ ~~ ~_ ~~ ~;~~', PRcYIiUM CHARGED IS INCLUDED 11+ CHARGE FOR PERFORMANCE BOND. ~LQm P'OYt P"AI~'~`~TI, ~EEi't3El~i'1iCE MACEY L. McT~~~ZLLIN, JR. AND i~+1r®~ A~~ I~A~ ~~°~E~E P~iE3E1~T~~ ghat ~/1~ DEVELuPMENT A,CSUCIATES 0~' CT-~ULh Pr~.ncipa:~ ~ and `T'HE TR~VELEi,S INDIIviIV11Y C GN~'tiTtY a as Su~et~~ o a~°e held and fi~~ly bound unto the ~~.ty ~c~f Chula `vista, State of Cai,ifo~n~ao - FOUR tiND N0/100THS in the s~.ata of TWENTY-SIX THJUSAIVD, NINE HUNDRED SEVENTY/~$ 26,974.D0 ya ~!~a~f~~a~, mo~~ey ~~f the '~nii~edStates, for the payment of vah~ch sump zve.l~, and t.ru.ly to ~~e ~ ma~t~o we bind ou.rsel~es o ~ointl~ and severa].~yo f~,~°mly b'T these pre~~~r~ts. , ~~he, coa~d~t:;~ on of the _~®reg®ing obligation is such that- whereas said 7~rl.nw~..pal~h sj h~s~ha~e entered ai.nto . or ~ ~..s-are about.. to ent.e~- ~ax±~o t"~~.e anne~c.s ed con'~rac~~ ~r:~.tla tie Cl..ty of Chula ~listaa pursuant to the aut:ho~~.t~;y of an act of tie ..~ega~~ssl~t°~x~e ®f the State. of Californian approved April. .l~ ~ 193 0 known as the a®S~abs~~,°T.~:~s~;on ~iap ~A~t"" (Chapter 2oPart 2, Di~vl,sion ~o business and. ~r~fe';~s:~o~;~ ~:odeq . s.nd any amendments thereto, for tl~e grad:~n-~ a,nd sr~r- fac~,.n~ ®f st.re~~k;:~ ~.~uc3 the construction of ~curbso side~+ralks ar~d g~x~.te~'s ~.nd ~ea~e~ s a and ot]~e ~; a,m~~ ovements o a.l,l as shown on the improvement plan for Corky~Mcriillints Sub-Divisign ~3 ~ which improve- ~ent plans a:re on file i,n the office of -the City Engineer of the City of C~au~~a ~i~~-~ o snd t~.e, payment. therefore .by Principal(s) Inds .whereas the. ~~a.nc~,faa~, ~ ~T.s-are rewired by said City to give this bond in connection ~Q~tR the e~~cu.;~x Cef sa:~d cont~~acta l~~~o ~~~,~~aC~?,Eo a,f sa~,d P:~~,ncipaa~B as Contractor in the c;on't:r.:a~t he~~et~ s.nne~ed Q sY~~.;T,l. faithfaz~;ly per:~~rm each and al.l of the cond i,t i..oais of said, cbnt;rar~t t~~ be pe~fo~med by him ~ and shall furnish al. ~, tc~ol,s e~u~,pmernto apparat.us~ fa~ilit~,~so trs.rasports.tion~ labor, and mater~.a:T,so other ~°,'~an m~,t;~~°°~.~~,8 if any ag~eed:tQ be furnished by the C.~~~my~ necessary to pe~f~G~~ and com~-~l,a~~:a~ a~~d t:o ~aerfo:rm and complete in a goad a:~d we~t°l~man- }e,s ;~a~.n~a~~~~ terse w~o:~°k of Corky Mc~iillin's Sub-Division #3 ~~~ ~~ ~-:G~,~ ~°onfo~~x°~:t.y with the terns and eonditi.ons seat ~fo~°th .gin t7xe cone ~.~~~.~~~ ~.~:~•e t.o a~~~,ne~ed o axad ~hal.~. pad o:~ cause ~ to be paid, all p~:~~s~,~n~ w~-,:.o p~~fox~~. ~.a?~or fo~~o or furn.~sR mate:~,als to said contractor, or yo an.~ u~b~ co:~i~~r~~tcar, ` in the ea~ecut.~on of ..said contract, then; this ob~„igat: pan ~~wa~~L bey null, and vo~.d - otherwise to~ remai.n in full, fo~°ce and effe~;~~-. an~~ t`:'~'~e. Surety, fo:~ value recei,vesl; hereby stipulates and agrees tha~~, .~ao ~ha~na~e ~ ~~x~ension of ti.~e o alte~~at~~on or addition. to the te~'ms ®f t~.he ~.,on-~ t}pacto~ to the work to be performed thereunder, or the specificat~..ons accompanying tie same, sl~a:~a~, ~;n any wise affect its obligations on th:T-.~ bone ~~:xd ~t does hereby e~aive notice of any such change, extension of t.~.m~~ o a~,ter~t~;~s:~ ~!r addit~.on to the terms of the contract o~;° to tl'4.e w,ro~'7~ a.~°° to the sec.T,f.~catio~aso 1 THE TRVELERS 1NDEI~'ITdI'I`Y COi,'~=ATtiY e - BY : ~~ / ichard W. Car~pbel Attorney-in-fact Bond No. 1553216 The premium charge for this bond is $315.C0. z7~'rS'~~-,(~O "1'he "Travelers lndemnity (:ompany Hartford, Connecticut POWER OF ATTORNEY SNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Richard W. Campbell of San Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV, SECTION I1. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attor~iey, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV, SECTION 13. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated October 3, 1967 on behalf of Richard W. Campbell IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 9th day of July 19 68 . THE TRAVELERS INDEMNITY COMPANY ~N~EMg ir S ~`~~~ -..~• n ' B y vVt ~ ~ SEAL ~ 3 ' ~ ~ ~ yr ~? ~'°''•'*•~"'- Secretar~~ Fidelity and Surety , State of Connecticut, County of Hartford-ss On this 9th day of July in the year 1968 before me personally came Wm. A. Shrake to me known, who, being by me duly sworn, did depose and sa}~: that he resides in the State of Connecticut; that he is Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY 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 corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. ~r0.ET'O~~°rG r,: • :~J~ ~~ NOTARY '•~ ~ •: ..~ y~; Pueuc ,~' '~tFORD,•LO?? Notary Public My commission expires April 1, 1969 S•1869 PRINTED IN U.S.Q. (•b8 ~^ j ~j' j,~ (~ (Over) ~- ;3~ M®~Tt31~ ~I~Tgs"I°AL~A'F'~®N BCDYQD T~ItiCEY L. ~~.cT~iILLITv, JK. ~;TuD ~f~~1 ~~ ~. ~~ ~1~ ~AE~1~80. mat ~~~e o D~VELUI~N~NT ~iSSOCI kTES ~F a~ '~~~ ~ubd~~~i.d~~ and P~~enci,palo and the THE TF~iaVELErtS INDIINNITY C(?T~:rAT~Y a ~o~~~~a~~,on of ~h~ ~ta~e of California o a~ ~~t~ro awe held end f~l~ bo~nnd ~tar.~o ~~nea ~l~y 9f ~a~zla ~l~~aa a l~i~za~;~,o~~~~i, ~a~~~e~a~a°;.u,o~no ~~n ~Yn~s ~e~~n~y ®f San Di.cg®o ~~a~~ ®~~ lifo~ns~a a a~aad ~o and ~"c~a; ~`h~ ~~~:~~f~~~~~ of an~r end al~~, ~~e:~~on~ w~Yn® a~~r ~nffc~~ da~ea~~ by ~'~a~oan of ~~a~ ~~'~~a~~~ o~ ~~r.~ NO/100ths ~oa~dl~iona g?~~eofo .in the ~a~nal ~~~ cif FIVE HliNDRED SIXTY tiT~~D/ ~~ 560.OO~~y 1*ViYfli.Y~ 1$g~n~~ Qi~ Yyl'kd°:°> 1~.~1f;.~*~~ ~~~,~ ®~ ~1Sk~.~T.'~.~ao ~G~ bl" ~+~.~~ ~~ "'.a"A~~ ~~,'.~ G_ .`~',tr of ~~TiAUa~~ ~~;~~~~ 1~~~~ °~~~ ~a~i,.d ~~'a:.~rsoipal ~~,~ ga~e~~n~ly ~,n~gag~d i,n s°~a}~dai'~:~,d.~.m~~ r°ft~~"t~~"1n lands ~® ~~ leno~vn a~ Corky T~TcI~illin's ~3 ~ubd~~vi~ion ~n ~~~ ~~..'~y cif ~~;.u~~~a ~,~.~~~ o a~n a~~:.os°d~,n~e ~~;~h ~~e ~on~~ac~: for Compl~~a.orn of ~mpx°o~~~m,~m~,'~,s ~,~a~~vo,~~,~ed t~;' ~~~c~d,~~~.~.~~~~o a~,d ., o '~.~°°-r~.'~~;, '~_;. ~ae3.w'.d d~'':_~-..~ 4 „~`'..,~, ';i;x~u~..,',~~~ ~,~~4r "~~~ ~~G~~C:. .uL,.:,,~,1,~. ~f~.C~."C~2ii:'CI~'T..~ L, er;, ~® '~;~1'N~ `fi'£?;:Ct;'8'~r`i, i,,.,~d°.. ;-,~' ~.~',~~~' ~~~„°'~.eL 1'L~,da:s"~ ~''7C. "~`;~'..~' .Su~4~~~3:,,t,~,~i3 aT.:'~'. ~;~~.,~...,~= ".. ''t;~"A r ~,An ~y~~ry ~mc-ic~i~~+~,r~ ,. ~~`,i.,i` , ~;~? ~ s",.in;?~~,~, L~,.^+_ ~'F:. 1~:~~ c'~ ~~~'~s? C d..~',~~~~.;.R,`S"t ^ , '`i.+.~ 4 .i~ M ~~ ..~:e~1.~.~.:u, ;~ ''~~3.~.K.. 'a•~ ~~^ e'. ~ds_`'~',~C'~,~~ itt3~^~"lt.".FLI~ - Algert _ _ . _, ~~~r~ ~~.~:. ~~~~ f.,~~~,:~ a~~ `~>~ ~~~`~. `~~$, @..± of Vr.lY~~.ila ~~~~. c~~a ~ .ij~ Iti. s~~~„'~--.~ ~x~,~e ~~s '~u~:,,c~~ ~a~,d z~a~:; ~s ~~re~y an~ad~ and saa~~e ~.s noo~~o.~a.`w~~.' ~~:~ ~i:.~ ~4:. ~~o~~~. ~~~~;a s~~'~ fo~~:~'a ~,s~ f~a~.~ ~ ,~r.d aooc~rdin¢~ iko the o~din~~~v~~ ,t>,f ;-:i.~~ ::~ °.~f ~<C2'17.~' ~ ~~'at.~'lt.a ~.?~ fC^"°,~°'~ ~l.Y;ll~ ~!~~~4;:~' ~'~ `~,1~"he' areP:'!e of !~~~'~.r:u~f ~:i!' ~,~ ;~..~ i~K'~Sk<,aio ;~~^, ~,~. LL!)'~~~A,..~ 'lt::..c~,~ ~~6~«~r ICR N..:.. ~,d.'.L ~?~ 1~.,~1~ ~~. 'N i~.~'Sd1 c~~~a al~~~~u~...i.. ~l~ ~a.i.~~~c~.~ -~+S; n.~ ~+iv'~1 .~ ~g «K, 'I~~~'~,i:,R6n ,.-, tio~a a~xd aoo~~~;a:::~~~ .~~ :~`~~~_,.T.~ ,~.~~~:°~~~~a~~x~~i~~ wa~~~.~~.n paid ~~~k~~l..~r A..~_I,~~~:~ ~~~,a~:rn r ~;;~°:~ es~;:~~..~~~:.:~,o~r~ s;~a~,.d~, ~~ R~ro.~x.do e~:~:,~~;~V~ ~~ ~~o ~~an~.~n .in '~z?,~, ~~~°'-~~~ ~~,:~! ~;f~'~o~~ ~,~' b~7~~!'~.~~~ E~.~~~'n ~:.'~^~ ~~:'id ~r_.~~r~I~~.~, ~ar~d Su~°~~~r ~a`a~'~ ~~ ,•~_ ~, .,,~, ° r ~ ~ rv ~-+~ =December 6$ ~I~~,~a.~ ha.~~d~ o ~.~ ~~,~ 2nd ~~~. ~~ _ ~ ~.~ _ _ .. t~ o <. ~_, ~.1 ~ __ _ _ _ z~.,r-a ~ . z, _~. -- - ~ - - ~- ~. ~, `~~ ~d ~' ~' `~~ ~' THE „~~~' EP~~ INDE1tiiNITY C4. ~, yy ~~,~ nay P ~ ~.~ f ; ,~ > tti~~~~~~ ~,~~®~~ae' in fay. R~_char~W. Campbell F3ond No. 1553217 _~ The premium charge for-this bond is $15.00 l State of California County of San Diego ~ ss. On this 2nd day of December , ~q 6F5~ before me personally came Richard W. Campbell to me known, who being by me duly sworn, did depose and say: that he 1 S ari Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to h1m in accordance with the By-Laws of the said Corporation, nd hat he signed h,~S siame thereto ~t~Pfo`rify'.`".___r.,r~____.~..,. i R!TA T. LGTWRIDGE i\ ~! "Al `" !N ~ My Cornmissson expires June 13, 1972 ~ My L-498 Rsv. 2-53 PRINTED IN U.S.A. Public) expires State of California 1 County of San Diego > ss. On this- grid day of December ~ 19 6~, before me personally came Richard W. Campbell to me known, who being by me duly sworn, did depose and say: that he 15 ari Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal afRxed to said instrument is such corporate seal; that it was so affixed by authority granted to hlm in accordance with the~Laws of the said Corporation, d at he fined 1 hl name thereto by h au ,pr~#y~ ~~ / . R{TA T. l^TNRlDGE ,. ~ A 1 ~ , ~t i~, ,"d '~~ F : -,, a*r 1 - (N Cory Public) My Commission Expires June 13, 1972 My commission expire s-49a Rw. 2-53 PRINTED IN U.S.A. ~+ ~D I \`iZ H 'The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY HNOW ALL MEN BY TBESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Richard W. Campbell of San Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV, SECTION 11. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV, SECTION 13. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognuance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated October 3, 1967 on behalf of Richard W. Campbell IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 9th day of July 19 68 . THE TRAVELERS INDEMNITY COMPANY ~~'`NDEMh~f~ By ~j 8EAL',,'3 ~wt ~' * * Secretan~, Fidelity and Surety State of Connecticut, County of Hartford-ss On this 9th day of July in the year 1968 before me personally came Wm. A. Shrake to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Coclnecticut; that he is Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY 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 corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. ~~aET ,D~~ G ~~ NOTARY ~•~ ... _'~; PUdLIC ~', 0 ~~~~~~ Notary Public My commission expires April 1, 1969 S-1869 PAINTED IN U.S.A. (16$ •-~~~' c~~~ (Over) I, E. A. Houser III, Assistant Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 11. and 13. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Dartford, Connecticut, this ~Y\~y ~/j rid,/ -~~ ~~AL ,~ ~, ... ~` 2nd day of December lq6$ , ~/_ t ~.(~j Assistant Secretary, Fidelity and Surety L1869 (SACK) The Travelers Indemnity Company ' Hartford, Connecticut POWER OF ATTORNEY SNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Richard W. Campbell of San Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV, SECTION I1. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined or limited In their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV, SECTION 13. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorne}~ or special power of attorney or certification of either given for the execution of any bond, undertaking, recognuance or other written obligation in the nature thereof ;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated October 3, 1967 on behalf of Richard W. Campbell IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 9th day of July 19 68 . THE TRAVELERS INDEMNITY COMPANY ~ SEAL i3 , ~ ~ 's1 1't •~•°~°*•"'"~ Secretan~ Fidelity and Surety , State of Connecticut, County of Hartford-ss On this 9th day of July in the year 1968 before me personally came Wm. A. Shrake to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY 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 corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. G 7 'SET •D•• rte: ~'•• ', lJ~ ~~ NOTARY ';•~ ... y'; PUBLIC ,`~ Notary Public My commission expires April 1, 1969 S•1869 PRINiEO IN U.S,A. (~6$ ~ ~~(,/ ~/ (OvCr) I, E. A. Houser III, Assistant Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 11. and 13. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Dartford, Connecticut, this grid day of December 19 6$ ~ `'~v '~I r~~ ~~! ~[AL ;~ ..~ •~ °°awv. Assistant Secretary, Fidelity and Surety t-teao caecx~ Store of Califorr.~ia County of San Diego } ss. On this_ 2nd day of December' ~ ~q 6$ before me personally came R' chard VJ Carry Abell to me known, who being by me duly sworn, did depose and say: that he 1 S ari Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By-Laws of the said Corporation, a at he signedhl ja'~ name theret"'Gy I~JCe 4ut~io arty: _'_..._._` ,..~.,~., t ~` P~T~ T. L~7~' 3nuE. ,Y '3 '~ (j h ~ ~, , - No ary Public) My ~c;nrais,~i;.>n :.:rises SunP 13, 1972 f ...~~...,,.-.. -..ti,_.~..,! My commissionexpires i-498 Rev. 2-53 PRINTED IN U.s.A, ~:~ r~c~G