HomeMy WebLinkAboutReso 1985-12151 RESOLUTION NO. 12151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUBDIVISION IMPROVEMENT AGREEMENT WITH
SAN DIEGO GAS & ELECTRIC COMPANY AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 2, 1985, the City Council adopted
Resolution No. 12075 which allowed Sammis Properties, developer
of the Otay Valley Industrial Park, to substitute a new developer
for a portion of the project, and
WHEREAS, San Diego Gas & Electric Company has become
that new developer and has submitted bonds to guarantee labor and
material and performance in appropriate amounts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain Subdivision Improvement
Agreement between THE CITY OF CHULA VISTA, a municipal
corporation, and San Diego Gas & Electric Company, dated the 27th
day of Auqus~ , 1985, a copy of which is attached hereto
and incorporated herein, 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
°h~~P' ~ '~~ ~rron, City
0722a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th d~y of Auqust
19 85, by the following vote, to-wit:
AYES: Councilmen: Malcolm, McCandliss, Moore
NAYES: Councilmen: None
ABSTAIN: CoLl~cilmen: None
ABSENT: Councilmen: Scott, Cox
MAYOR PRO TEMPORE
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
.~ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Ch[do Visto, Colifornio,
)O HEREBY CERTIFY thor the ob(we ond foregoing is o full, true ond correct copy of
RESOLUTION NO. 1215i
,end thor the some hes not been omended or repeoled.
)ATED
(seal) City Clerk
Return To:
o.
RESOLUTION NO. 12151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUBDIVISION IMPROVEMENT AGREEMENT WITH
SAN DIEGO GAS & ELECTRIC COMPANY AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 2, 1985, the City Council adopted
Resolution No. 12075 which allowed Sammis Properties, developer
of the Otay Valley Industrial Park, to substitute a new developer
for a portion of the project, and
WHEREAS, San Diego Gas & Electric Company has become
that new developer and has submitted bonds to guarantee labor and
material and performance in appropriate amounts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain Subdivision Improvement
Agreement between THE CITY OF CHULA VISTA, a municipal
corporation, and San Diego Gas & Electric Company, dated the 27th
day of August , 1985, a copy of which is attached hereto
and incorporated herein, 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
/S/ John P. Lippitt ~~
John P. Lippitt Director of rron, City
' o
Public Works/City Engineer
0722a ~ --
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th d(~t of.. Auaust
19 85
, by the following vole, to--wit:
AYES: Cmmcilmen: Malcolm, McCandliss, Moore
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: Scott, Cox
/s/ David L. Malcolm
MAYOR PRO TEMPORE
/s/ Jennie M. Fulasz
ATTEST.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
:ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visfo, Californio,
)0 HEREBY CERTIFY ~thot the ob(we ond foregoing is a full, true ond correct copy of
RESOLUTION NO. 12151 ,and thor the some hos no! been omended or repealed.
August 28, 1985
~ATED
(seal) City ' Cler~ ~/
C~-R~n- HDT
Revised 8/23/85
125
SUBDIVISION IMPROVEMENT AGREEMENT ?
THIS AGREEMENT, made and entered into this 27th day
of August , 1985, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
SAN DIEGO GAS & ELECTRIC COMPANY, hereinafter called "Subdivider";
W I T N E S S E T H :
WHEREAS, Subdivider has purchased Lots 11 through 19 of
the Otay Valley Industrial Park from the developer, Sammis
Properties, and
WHEREAS, on July 2, 1985, the City Council of the City
of Chula Vista adopted Resolution No. 12075 to allow Sammis
Properties to substitute a new developer for Lots 11 through 19,
and
WHEREAS, 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 maps, and
WHEREAS, Subdivider has indicated a willingness to be
responsible for completion of the Research Court improvements and
has submitted faithful performance, labor, and material bonds as
provided in the Amendment to the Subdivision Improvement
Agreement, and
WHEREAS, Subdivider is willing, in consideration of the
approval of the Council to allow the sale of Lots 11 through 19
to the Subdivider, to enter into this agreement wherein it is
provided that Subdivider will install and complete, at
Subdivider's own expense, all of the public improvements required
by City in connection with the subdivision as they relate to Lots
11 through 19 and will deliver to City the 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. 10557 approved on
the 21st day of July , 1982, and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared, submitted to and approved by
the City Engineer as shown on Drawing No. 82-90 on file in the
office of the City Engineer, and
R-12151
·
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specification has
been submitted and approved by the City, in the amount of $71,500.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
that the Subdivider shall comply with the following provisions
only as they relate to Lots 11 through 19 of the Otay Valley
Industrial Park as shown on Drawing No. 82-90:
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 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 April 1, 1987.
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.
5. It is 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.
-2-
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 ONE THOUSAND FIVE HUNDRED DOLLARS ($71,500.00) 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 SEVENTY
ONE THOUSAND FIVE HUNDRED DOLLARS ($71,500.00) to secure the
payment of material and labor in connection with the installation
of said public improvements, which security is attached hereto,
marked Exhibit "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
(Not Applicable)
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 understood and agreed 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-
ll. ~t is ~urthe: understood an~ agreed by Subdivlde[
materials furnished and other £ncidental expenses) incurred by
City in con~ectio~ ~i~ the approval o~ the ~p[oveme~ pla~s
installation of public improvements hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and
that Subdivider shall have deposited with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all improvements are fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission of
Subdivider, its agents or employees in the performance of this
agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
improvements constructed pursuant to this agreement; provided,
however, that said acceptance shall not constitute a waiver of
defects by City as set forth hereinabove.
13. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by reason
of the acts or omissions of Subdivider, its agents or employees,
or indemnitee, related to this agreement. Subdivider further
agrees to protect and hold harmless the City, its officers and
employees, from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts
or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement; provided, however, that
the approved improvement security shall not be required to cover
the provisions of this paragraph. Said indemnification and
agreement to hold harmless shall extend to damages or taking of
property resulting from the construction of said subdivision and
the public improvements as provided herein, to adjacent property
owners as a consequence of the diversion of waters in the
construction and maintenance of drainage systems and shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to
said approved improvement plans. The provisions of this
paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
-4-
?
14. Notwithstanding any provision of this agreement to
the contrary, Subdivider and City may determine that Research
Court will not be constructed as shown on Drawing No. 82-90. In
such case that drawing and this agreement shall be modified
accordingly.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: San Diego Gas and
Electric Company,
_~: a California Corporation
Mayor of ~h~'City of Chula D.E. Felsinger
Vista ~ C l~e r/k .~/~ Vice-President
~// City
Approved as to form by
As~stant City A%torney
(Attach Notary Acknowledgment)
STATE OF CALIF
COUNTY OF q~a~ Diego
On Augu S t 2 6 t 19 8 5 , before me, the undersigned, a Notary Public in and for
saidState, personally appeared D. E. Felsinqer
~to be the person(~.whose name(s) is/~r,~s u b-
scribed to the within instrument and acknowledged to me that
he/r~h.:,'th~,; executed the same.
WITNESS my ha a:d official seal.
Signature ~ ~ (This area for official notarial seal)
LIST O~ EXHIBITS
Exhibit "A" Improvement Security- Faithful Performance:
Form: Bond
Amount: $71,500.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $71,500.00
Exhibit "C" Improvement Security - Monuments:
Form: Not Applicable
Am6unt:
Securities approved as ~o form and amount by
As~l s t~n t City Attorney
Improvement Completion Date: On or before April 1, 1987.
BOND NO. 400GY 5797
~HEREA$, The C±ty Council o~ the Clty of Chula Vista.
State of California, and SAN D~EGO GAS & ELECTRIC COMPANY
(here±na£ter designated as
'Iprincipa~") have entered into an agreement whereby principal
agrees to ±nstall and complete certain des±gnated public
improvements, which said agreement, dated AUGUST I,
19 85 , and identif±ed as project OTAY VALLEY INDUSTRIAL PARK
RESEARCH COURT IMPROVEMENTS ±$ 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 ST. PAUL FIRE
AND MARINE INSURANCE COMPANY , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of SEVENTY-ONE THOUSAND FIVE HUNDRED
........................................ ~ollars ($71.500.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things Stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
AUGUST 1 19 85
SAN DIEGO GAS & ELECTRIC ~COMPANY ST. PAUL FIRE & MARINE INSURANCE COMPANY
D.E. FELSINGER, V~I E-P~ESlDENT BENNETT W. MATLACK, ATTORNEY-IN-FACT
Contractor Surety
APPROVED AS TO FORM:
~ · ,~...
Clty AtCorney /~
PW-E-34
ATTORNEY-IN-FACT ACKNOWLEDGE~NT
OF SURETY
iTATE OF CALIFORNIA )
(ss.
IOUNTY OF SAN DIEGO )
On this ]ST day of AUGUST , 19 85 before me, JUDITH S. KING
, a notary public in and for said County and State per-
:onally appeared BENNETT W. MATLACK
~nown to me to be the person whose name is subscribed to the within instrument as the
tt_orney-in-fact of the ST. PAUL FIRE & MARINE INSURANCE COMPANY
'or. poration named as Surety in said instrument, and acknowledged to me that he
.ttorney-in-fact. ~ ~ OFFICIAL SEAL ., /' ' %
~ My Commis~ion Ex~ir:s September 29. I~87 % ~AN D EGO Sta
-'" ' ' 133
.'-~T-.~ --, BOND NO. 400GY 5797-
\
BOND FOR b~TERIAL AND
~EREAS, the City Council of the City of Chula
Vista, State of California, and SAN DIEGO GAS & E~CTRIC COMPANY
(~ereinafter designated as
"'Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated AUGUST ], ~985
19 , and identified as project. 0TAY VALLEY INDUSTRIAL PARK
RESEARCH COURT IMPROVEMENTS , is hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a gOod.and sufficient payment bond with the City of
Chula Vista~to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, Said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of SEVENTY ONE THOUSAND FIVE
~UNDRED ............................ d~llars ($ ?],500.00 ), for
materials furnished or labor thereon of a~y 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 expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice
of any such change, extension of time· alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, onAUGUST T
· 19 85
SAN DIEGO GAS & ELECTRIC COMPANY ST. PAUL FIRE & MARINE INSURANCE COMPANY
D.E. FELSINGER, VICE-PRESIDEN~ BENNETT W. MATLACK, ATTORNEY-IN-FACT
Contractor -- Surety
APPROVED AS TO FOR~4:
p
city Atto~e'~ x ~
ATTORNEY-IN-FACT ACKNOWLEDGE~NT
OF SURETY
3TATE OF CALIFORNIA )
~'OUNTY OF SAN DIEG0
On this.., lST day of AUGUST , 19..85 before me,~JUDITH S. KING
, a notary public in and for said County and State per-
;onally appeared__ BENNETT W. MATLACK
Ittorney-in-fact of the ST. PAUL FIRE & MARINE NSURANCE COMP
tuorney-~n-fact. ? ~ OFFICIAL SEAL ~, ,,~ a~a ow~ na~
~ ~,~y Commissio~ ~xmrcs S~ptembe[ 29, 1987 SAN D l E GO -
........ ~-....~,.~..~-..~.~ .... ,state of California
I~lll ST. PAUL FIRE AND MARINE INSURANCE COMPAN,¥
' ,~ ~,~ 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO.
the Power pi Attor3ey Clerk. Please refer to the Certificate of Au honty No.
' i ' ' ' and the named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on
File at Home Office of Company. See Certification.)
OW ALL MEN BY THESE PRESENTS: That St. Paul Fire and 'Marine Insurance Compan), a corporation organized and existing under the laws of the
o~ate of Minnesota, having its principal office in the City of St. Paul. Minnesota, does hereby constitute and appoint:
Jun R. Robson, Frank G. Cavignac, Kenneth L. Bohlander,
Bennet W. Matlack, individually, San Diego, California
its true and lawful attorney(si-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings ob ga pry in the nature thereof, which are or may be allowed, required or perm ed by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF ONE MILLION
($1,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said SI. Paul Fire and Marine Insurance Company, as fully
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
ad°pted bY the B°ard °f Directors of ST. PAUL FIRE AND MARINE iNSURANCE COMPANY at a mee ng called and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C)
~1 he Pres~den or any' Vtce President, Ass stant Vice President, Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
I bonds and undertal~ings, recoenizances, contracts of ndemn y and other writings obligatory in the nature thereof, and
! (2) ' · , z_ .
To ~ppmn speemI At orness In fact, who are hereby authorized to cerufy to cop~es of any power-of-attorney issued in pursuance of this
secuon and/or any' of the By-Laws of the Company,'and
(3) To remove, at any time, any' such Attorney in-fact or _Special A orney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetine duly
called and held on the 6th day of May, 1959, of v` hich the following is a true excerpt:
"Now therefore the signatures of such off cers and the seal of the Cpm an ma be '
;j thereto by facslm e, andanysuchpowerofattorne orcertifi ' p Y Y . ~ffl~edt°anysuchpoy{erofattorneyoranycertlfmaterelati
C , ¥. cate bearing such facs~m:]e s~gna ures or facs~ . . . ng
I ompanv and any such pov`er so executed and cer bed b facsimil ' . . mile seal sh~ll be vahd and b ndmg upon the
future vdth respect to any bond or undertaking to which it is attached."
' Y e stgnatures and facs)mde seal shall be valid and b~nding upon the Company in the
~..xx~ ~tik£ ~ttt~ttO/z IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be siened and its
~'" ~ ~' ~ corporate seal to be affixed by its authorized officer, rids 1st day of March, A.D. 1984.
~n r~ STATE OF MINNESOTA ST' PAUL FIRE AND MARINE INSURANCE COMPANY
~ -- County Ot Ramsev ' } ss,
On this ~ 7 t h day of S e p t em b e r ,19 8 4 , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company; that the sea] affixed to said inst~'ument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed
by order of the Board of Directors of said Company.
~ ~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St.
/~ ~ and year f rst above written. Paul, Minnesota, the day
MARY C. CLANCY, Notary Public, Ramsey County, MN
My Commission Expires November I, 1990
CERI IFICATION
[, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby cer ifv that I have compared the foregoing copy of the Power of Attorney
and affidavit, and the copy pi the Section of the By-Laws of said Company as set forth in said Po~er of Attorney, with the OR[GNALS ON EILE IN THI~
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and o[ the whole of the said orieinals, and that lhe said Power of
Attorney has not been revoked and is nov,, in fuI1 force and effect,
IN ] ESTIMONY WHEREOF, I have hereunto set my hand this
1ST day of__ AUGUST 19 8~
On]? a certified copy pi Power of Atlorney hearing the C'crdficate of Authori v No printed in red on
ANY INSI'UlL~,IEN [ ISSiTEi} IN EX('ESS (Ii" rile PI'~NAI.IY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY ~,ALIDITY.
29550 Rnv. 3 B4 Prlntedin USA