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Reso 1988-13862
'0 0659 88 623536 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF~nvc,_5 ~ ?;~3 CHULA VISTA APPROVING THE FINAL MAP OF CHULA -~ L~:,.~ _ VISTA TRACT 88-2, RANCHO DEL REY BUSINESS CENTER, ACCEPTING ON BEHALF OF THE PUBLIC THE~ C~,~=-,'~' ~ 7: R PUBLIC STREETS DEDICATED ON SAID MAP, AND ~ ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND ABUTTER'S RIGHTS OF ACCESS AS RELINQUISHED ON SAID MAP, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID NO FEEE ~X~CU~ S~ZD ~G~N~S The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-2t RANCHO DEL REY BUSINESS CENTER, and more particularly described as follows: - Being a subdivision of portions of Quarter Section 43, 61, 62, 69 and 70 of Rancho De la Nacion according to Map No. 166 filed May 11, 1869 in the Office of the County Recorder of San Diego County Area: 109.207 acres No. of Lots: 34 No. of Open Space Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Amena Court, Avila Way, Canarios Court, L~zo Court, Plaza Court, Tierra Del Rey and Paseo Del Rey, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, B, C, D, E and F are hereby dedicated for Open Space, park and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer and drainage facilities and for pedestrians, open space access, sight visibility, street tree planting and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set fbrth thereon. 0 0660 BE IT FURTHER RESOLVED that said Council hereby accepts abutter's rights of access adjacent to and contiguous to Lot 7 of said map as shown on said map. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities and for sight visibility and street tree planting, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 4th day of November, 1988, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Pub~/cP Works of (T~omas J/~rbn, City Attorney 4953a -2- 0 0661 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Ct ,A VISTA, CALIFORNIA, this 22nd dOy of. November . , 19 88 , by the following vote, to--wit: AYES: Counci]members Nalcolm, Noore, NcCandl'iss, Nader, Cox NAYES: Councilmembers None ABSTAIN: Counct]members None ABSENT: Counc~]membe~s None Mayor City of Chulo Vista ATTEST ~ ~//" City Cl~rk"' S1 : OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of RESOLUTION N0. 13862 ,and that the some has not been amended or repealed DATED CC-660 · .,, n' 0662 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 4th day of November , 198 8, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RANCHO DEL REY PARTNERSHIP, 2727 Hoover Avenue, National City, Ca. 92050 hereinafter called " Subdivider"; WITNESSETH: 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 RANCHO DEL REY BUSINESS CENTER (Chula Vista Tract 88-2) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment work required by City in connection with the proposed sub- division and will deliver to City improvement securities as approved Dy 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. 13444 , approved on the 2nd day of February , 19 88 , and Form No. CA-410 Revised 3/87 0663 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 88-298 through 88-288 inclusive , on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,700,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 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. 0 0664 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 o~ the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of EIGHT HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($850,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security in the sum of EIGHT HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($850,000.00) to secure the payment of material and labor in connection with the installlation of said puDlic improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of TWENTY ___ SIX THOUSAND DOLLARS AND NO CENTS ($26,000.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- 0 0665 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a ~esult 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. 13o 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- 0666 14. Subdivider agrees to defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. o~ ~ A~TA SUBDIVIDER: RANCHO DEL REY PARTNERSHIP THE CI Y OF C L BY: McMILLIN COmmUNITIES, INC. GENERAL PARTNER May 1 City of Chu a City Cle BY: GENERAL. ARTN~ (Attach Notary Acknowledgment) 0156a -5- STATE Or ) 0 0 6 6 7 COUNTY OF SAN DIEGO ) On ~hie 7th day of November . , 19 88, before M, Jovce A. Benefield , a No~a~ ~lic in and for said's~a~e, personally appeared Steven E. MeGill , ~d Kenneth Bsnmssrtn~r ~ ~rsonally ~o~ =o me Pro~ect Manscar ~ Of M~ILLIN COMMUNITIES, INC. eo~oration ~et execute~ ~e wi~in lnst~ent, ~ to be ~e persons who execute~ ~e wi~ln inst~ent on lalf of ~e said co~ration, said co~ra~ion ~inq ~o~ to Re to be one of ~e general ~ners of ~A~C~o D~ 8IV ~e general ~mership ~at executed ~e wi~in inet~en~, ac~owledqed ~o ~ ~= such co~ration exerted ~e same as such pa~ner and ~t such ~mership exerted ~e sue. ~S8 my h~d and offiulal seal, CAT, NO, NN00636 TO 1954 CA (9--84) TICOR TITLe INEURANCE COUN~O~__ SAN RTF~ On, ~aY~r e~ / ~ff before me, ~e undemipe4, a No~ hblic in ~d for ~d S~e, penonly appe~ed STEVEN R. PEMN pe~on~y ~o~ ~o me or proved to me on ~e b~ of sa~fa~o~ eidence to be ~e penon who exerted ~e~s~ment~e PRO~ECT MANAGER ~ffi~,~d OOHN D. O'BRYAN pe~on~y ~o~ to me or proved to me on ~e b~ of m~fa~o~ e~dence ~o be ~e e~on who executed ~e ~in ~ment ~ ~e TREASURER ~ of HOM~ CAPITAE CORPORATION ~e coloration at executed ~e ~h ~ent on beh~fof ~NCHO DEL REY R PARTNE RSH I P ~e p~e~hip ~a: executed .~ OFFiciAL S ~e ~ ~s~en~ ~d ac~owledged to me ~at such ~; "~:;~., LYNN M. ~ ~ N0r~Rv eu~uc- CAUFORN~ co~oradon exerted ~e s~e ~ such p~er ~d ~at ' ~qTNESS my h~d ~d of~d~ se~. ,' c~ , -',. 0 0668 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $850,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $850,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $850,000.00 Securities approved as to form and amount by / (_/ Xity Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0 '0669 BOND NO. M 391866 "I PPEv/IUM PEF: EY' 95950.00 25 , ~ Copy # '~ of Three Executed CopieS. BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and RANCMO DEL~EYPARTNF~RSHI? BY M~qLLIN C~.rOI~ITIES, A~DH~CAPITALCORPORATION (hereinafter ~esignated as ~'principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project CHLIA%~S~ATRACP'88-2 RAN~{O DEI.~EVBI!~I~.q~C~XP~F~ , is hereby referred to and made a part hereof; and WHEREAS, Said principal is requi~ed under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and AlliedMutual Insurance Coneany , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of EICIFrMIDREDF!FTYTHOUSAND AND[~/100 ........................... dollars ($ 850,000~00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full ~orce 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 j~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the k i 0 0670 -2- agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter~tiO~ or ~4ditiOn to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on October 20 , 1988 Steven W. Dobson Attorney-in-Fact Contractor Surety APPROVED AS/~O FORM: Y PW-E- 34 0 0671 RANCHO DEL REY PARTNERSHIP A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES, INC. A CALIFORNIA CORPORATION TITLE: Senior Vice President Senior ~' Pre i ~t BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION T I T L E: ~ /~/~/ TI .. 6/24/88 jb 0 0672. STATE OF CALIFORNIA ) ) ms. COUNTY OF SA~ DIEGO ) On this 21st day of October , 19 88 before , me, Joyce A, B~ne~ield , a Notary Public in and for said state, personally appeared Steven E. McGill , personally known to me (or ~r~v&~ t~ ~& ~n ==ti=f==tGri avidan~) to be the I Senior vice President, 1 E E1 , personally known to me (e~ a~d vir~i . liott Senior Vice Pres. ~ of McMt[ktN COMMUN~TIT[S, iNC. the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the said corporation, said corporation being known to me to be one of the general partners of RANCH0 DEE 8E¥ the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner end that such partnership executed the same. WITNESS my hand and official seal. CAT, NO, NN00635 TO 1954 CA (9--84) bj~j of, =et hiv> TICOR TITLE INSURANCE 5TXTE OF C~XF0mN~ } ~. Ou- ~ ~/, / ...... before me, ~e undc~i~e~, ~ No~ ~biic in ~d for ~d Sure, pe~on~y appe~cd STEVEN R. PENN pe~a~y ~o~ m me or proved m me on ~e b~ of s~fz~o~ c~dence to be ~e pc~n who exc~ed ~e~s~men~e PROaECT HANAGER S~,~a 30HN D. O'8~YAN pe~on~y ho~ to me or proved m me on ~e b~ of ~fz~o~ e~dence [o be ~e e~on who executed ~e ~in ~men~ ~ ~e T~EA~UR[R ~ d HOM[ CAPITAL CO~PD~ATTON ~e co~o~don a executed ~[Y ~NCHO DEL ~e ~ ~en~ on beh~f of ................... coloration cxc~cd ~c smc ~ such p~er ~d ~at C (Th~ =ca for Of~ no~ ~) 0 0673 STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) BS. CERTIFICATE OF ACKNOWLEDGEMENT County of ) INDIVIDUALS On this day of in the year ___, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) ss. CERTIFICATE OF'ACKNOWLEDGEMENT County of ) PARTNERSHIP On this day of in the year _, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- merit, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __., before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as !, president, [] secretary, on behalf of the cor >oration therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT County of San Dieqo ) CORPORATION On this 20Lh day of Oct.obe~ in the year1988 ., before me Ke]cry ,~eartneEf_e a notary public, personally appeared St. even N. Dobson personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknow. ledged to me that the corporation executed it. Bd 294 {I 8?) 04 0' 0674 Power of Attorney Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, heroinafter called 'Companf, does hereby make, constitute and appoint KEITH E. CLEMENTS SItERRY tlOFFMAN KERRY JEANNETTE STEVEN W. DOBSON LA MESA, CA each in his individual capacity, its true and lawful Attorney-ln-Fact ~vith full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeins the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( $ 2,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firreed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-ln-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Anorney(s)dn-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking. or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President." ~Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as heroinabove in Section 2, 3, and a of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal. and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal.° "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as heroin in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin m Section 4 provided, shall be effective and binding upon the Corporanon with the same force and effect as tee original signatures of any such officers." "Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1, 2, 3 and 4 provided," IN WITNESS WIIEREOF. tile Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of t,~tJGUST 1987 ~.'.':~LI>~ ALLIED MUTUAL INSURANCE COMPANY SI'ATE OF IOWA ~;-;...8~?-~ By: ~tT~ President On this 03 day of AUGUST ,~'~87 , before ! personally came John E. Evans, to me known, who, being by me duly sworn, pursuant to authority given by the Board of Directors of said corporation and that he has sit ed his name thereto pursuant to like author- uy, and acknowledged the same to be the act and deed of sa,d co ,o t pa. Donning ,,¢'% S.A. DENNING Notary Public in a l, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporaton organized under the laws of ~e State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and fur~er certify ~at Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set lbr~ in said Power of Attorney are still in force. IN TESTIMONY WIiEREOF, I have subscribed my name and a~xed the seal of~e compa~ this 2O~day of ~- This Power of Attorney expires 00726 08/03/90 Bd I (04-86) 00 BOND NO. Bd 391866 0' 0675 257 Copy # ) of Three Executed Copies. ' BOND FOR ~-L~TERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and. IIANCHO DELREYPARTNF2~HIP BY Mca~LLIN ODbq4UNITIES, ~C. AND H~CAPITALCO~ereinafter designated as "Prlnczpal") have entered into an agreement whereby principal agrees t0 install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project CHUIA~STATRACTNO. 88-2 RANC~O DELREY BUSI~SSCENTER , is hereby referred to and made a part hereof; and I'/HEREAS, Under the terms of said ab. reement, principal is required before entering upon the performance of the work, to file a gccd and sufficient payment bond with the City of Chu!a Vista to secure the claims to ~hlch reference is made in Title 15 (ccrz. encing with Section 3082) of Part 4 of Division 3 of the Civil Coda of the State of California. NO?i, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chute Vista and all contractors, subcontractorS, laborers, materialmen anj other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Co'de of Civil Procedure in the s~m of EIGHT HUT©RED FIFTY THOUSAND AND NQ/100 ........................ dollars ($ 85U,0OU.UU ) , for materzals furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the ~mount hereinabove set forth, and also in case suit is brought u~on 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 a~.2arded 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 (com~encir~g with Section 30~2) of Part 4 of Division 3 of the Civil Cc~Ie, so as to give a right of action to them or their assigns in any suit brought ~pon this bond. Sh.au!d the condition of this bond be'fully Forformed, then t!]is obligation ~;hali become null and void, other%,'lse it shall be and rcElai:~ in full force and effect. 0676 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompa~yLng the same shall in any manner affect its obliqa~ion~ on this bond, and it does hereby waive notice of any such chaDge, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on October20 19 88 . SEE ATTACi{ED SIrl~TURE PACE Steven W. ~on At~-~-Fa~ Contractor Surety APPROVED AS ~TO FOR/-I: PW-E-34 00677 RANCH0 DEL REY PARTNERSHIP A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES, INC. A CALIFORNIA CORPORATION TITLE: Senior Vice President BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION BY: TITLE: TL 6/24/88 jb 0 0678 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this 21st day of. October , 19.. 8~ before me, Joyce A. Benefield , a Notary Public in and for said state, personally appeared Steven E. MCG~ll , personally known to me (~r pr~v~= t~ ~; ~n ~; ~==i= =f: semi&factori &vie&no;) to be the Senior vice President, v o , personally known to me (e and irg~l E. Elli tt -~eve~ te me en the ~==!= cf =z~i=fa=t=~' ~i=~nc,) to be the ~enior Vice Pres. 8eet~of McM|t/SN C0MMUN~TSTES, 8NC. the corporation that executed the within instrument, known to me to he the persons who executed the within instrument on behalf of the said corporation, said corporation being known to me to be one of the general partners of RANCHO DEL REY PARTNERSHIP the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. ·/~OTARY P~ CAT, NO. NN00636 T,O 1954 CA (9--84} (Corporation as z Pro'truer of z Pzrmcrship)bd O, J TICOR TITLE INSURANCE STXTE OF C,~d.,IFORNIA COUNTY OF SAN NTFGN On. /dT~Cg~er dJ./'~/f before me, the undersigncd, a Notary Public in and for s~dd Sure, personally appeared STEVEN R. ' PENN personslly known ro me or proved to me on the basis of satisfactory evidence 1:o be the person who executed thewithLnhlsIIument~sthe PROJECT MANAGER ~Ye~]~,znd JOHN D, O'8RYAN personally known m me or proved m me on the ba,s~s of sadsfzccory ¢~dence ,o b~4~e~npr~XCxLc~;%~hZT~gin ~=mcut zs the TREASURER ~ of ~he corporation ;r executed the w~thin inscument on behalf of Rr~NCHO DEL REY ~~ PARTNERSHI P the par:nersh~p Chat executed the w~thin ins~urnent, and ~cknowledged to me that such corporation executed the same as such pz,-cmer ~nd that such pLrcnership executed the same. WITNESS rny h:md a~d offidaJ sezL S~nlrure ,~ A ~,' (This =ca for of~ckl no~hl se~) O' 0679. STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNQWLEDGEMENT County of ) INDIVIDUALS Qn this day of in the year ~, belore me ..... a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF'ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year ~, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAt,) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this , day of in.the year ~, befor~ me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ratloft executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of SaJ3, Dj.eqo ) CORPORATION On this 20t.h day of Octo]::e~ in the year1988 , before me ~e~ 5e~et~e a nota~ public, personally appeared Steve~ personally known to me, or proved to me on the basis of satisfacto~ evidence, to be the person who executed the within instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the corporation executed it. Witness m)/~,~,~l~~.~above wri~en. 0 0680 Power of Attorney Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, herelnafter called ~Company', does hereby make, constitute and appoint KE|TII E. CLEMENTS SIIERRY HOFFMAN KERRY JEANNETTE STEVEN W. DOBSON LA MESA, CA each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds gunran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding file sum of ( $ 2,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by tile duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-In-Fact appointed by the President, or by a Vice President." "Section 3. The President. or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-In-Fact to act on behalf of the Corporation In the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-ln Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by Ihcsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. AP, TICLE IX - EXECUTION OF CONTRACTS 'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President." "Section 5. It shag not be necessary to the va[id execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Anorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act For the Corporation, or of any certificate to he executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, ~, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a Facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section ?. A facsimile signature of a former officer shall be of the same validity as that of all existing officer, when affixed to any policy or endorsement, any head or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided." IN WITNESS WIlEREef, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of ~t~UGUS'F 19 ~7 ,~:~'.~,':;%~)~ ALLIED MUTUAL INSURANCE COMPANY pursuant to authority given by the Bo~d of Directors or said corporation and that he has sig ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. Denning ~~v ~,,,% S.A. DENNING Notary Public in t a I, ~e undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under ~e laws of the State of Iowa, do hereby certify that ~e foregoing Power of Attorney is still in force, and rurffier certify ~at Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of ffie Company set forth in said Power of Attorney arc still in force. IN TESTIMONY WHEREOF, I have subscribed my name and a~xed ~e seal of ~e compa~ this 2tday of ~ , 19 88 ~::)¢} ~ Bd I (04-a6) 00 BOND NO.:Bd 391867 O 0 6 8 1 pREMIUM_____182__9_O~ · COpy # I of Three ~xecuted Copies. EY 257 SURVEY MONU~ENT INSTALLATION BOND Rancho Del Rey Partnership by: McMillin Cc~fnunities, Inc. KNOW ALL ~LEN BY THESE PRESENTS, That I/We and Hcme Capital Corporation as the subdivider and Principal, and the Allied MUtual Insurance Oampany a Corporation of the State of ~Owa' , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of Twenty Six Thousand and no/100 Dollars ($ 26,000.00 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as Pancho Del ReV Business Cente~ubdivision in the City of Chula. Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and WHEREAS, the said PrinCipal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by Nasland Enqineering (name of Joel M0rrison RCE , as per the final map of said subdivision, a copy of Engineer) --- which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completio: and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands·, this 20th day of October , 19 88 SFZ A%TACH~I) SIGNATURE PAGE (Principal) BY '~ Attorney-in-Fact City A Steven W. Dobson PW-E-34 ~0 0682 RANCHO DEL REY PARTNERSHI P A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES, INC. A CALIFORNIA CORPORATION TITLE: Senior Vice President BY: HOME CAPITAL CORPORATION A CALI FORN I A CORPOP, AT I ON TITLE: ~,~_ ~':r~ BY: T 6/24/88 jb STA E or cu= n ) 0 0 8 8 3 COUNTY OF SAN DIEGO ) On this 21st day of October 19 88 before Is, Jovce A. Benefield f a No~a~ ~liu in and for said s~a~e, persunally appeared steven E. MeGill personally ~0~ ~o me ....... ~,,= ,,,~u7 tO be ~e Senior Vice PresideAt, and Virqil E. Elliott , personally ~o~ ...... ~ ~_ __ ~_ ~,_a_ =f ;=~i;fa~f~) to be the Senior vice Pres. 8K~e~ of ~cMIt~IH COM~ITIY[S, INC. ~e co~oration be ~e persons who executed the wi~in inst~ent on behalf of ~e said coloration, said co~oration being ~o~ to me to be one of ~e general pa~nership ~at executed ~e wi~in ~nst~en~, and ac~owledged to me ~a= such co~oration exerted ~e same as such pa~ner and ~a~ such pa~nership executed ~e sGe. WI~SS my hand and official seal. (Corporation p.s ~. Parmer of ~. P~rmership) TICOil TITLe INSUiiANCe STATE OF CALIFORNIA } SS. COL~TYOF SAN DIEGO ~d S~e, pe~on~y ~ppe~ed STEV[N R. P[~N p~n~y ho~ to me or proved to me on ~e b~m of sadsfa~o~ e~dence to be ~e pcmon who ~c~ted ~e~s~ment~e PR0a[CT MANAG[R ~Z~,~nd JOHN D. 0'BRYAN peruonly ho~ to me or proved ~o me on ~e b~ of sa~f~o~ e~dencc to be ~e emon who exerted ~c ~An ~s~men~ ~ ~c TR[ASUR[R ~ of ~M[ CAPITAL CORP0RAIION ' ec corporation ~t executed ~c ~ ~en~ on bch~of RANCHO DFI RFY WS~:~],:s ' PARTNFR~HTP ~e p~e~p ~at executed ,t~2 NOIARY PUBLIC - CALIEORNIA co~om~on executed ~c s~c ~ such p~er ~d ~at %3~,2~" Principal Office in San Diego County ~ ~ (T~is ~ for o~5~ uo~ 7 . V _ ,~_7 ' , STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMEeIT 0 6 8 4 STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT · "' County of ) INDIVIDUALS On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT County of ) PARTNERSHIP On this day of in the year , before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- merit, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __., before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of San Dj_L~[O ) CORPORATION On this 20th day of (3cto]:~e_~ in the yearZ988 , before me ~e~ 3e~et~e a nota~ public, personally appeared Stayera W. ~n personally known to me, or proved to me on the basis of satisfacto~ evidence, to be the person who executed the within instrument as a~orney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the coloration executed it. Witness my hand and official seal on ~%~~ove ' . ~ ' 0 0685 Power of Attorney Insurance KNOW ALL MEN BY THESE PRESENTS That ALEIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, heroinafter called 'Company', does hereby make, constitute and appoint KEITH E. CLEMENTS SHERRY ltOFFMAN KERRY JEANNETTE STEVEN W. DOBSON LA MESA, CA each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( $ 2,000,000.00 ) and to bind the Company tbercby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firreed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Eaws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-ImFact appointed by the President, or by a Vice President." ~'Section 3. The President, or a Vice President, shall bare the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf o[ the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appoint,nent of such Attorney(s)-lmFact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. AI~.TICLE IX - EXECUTION OF CONTRACTS ~'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice Presidenil ~'Section 5. It shall not be necessary to the valid execution and binding effect o[ the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf' of the Corporation by the President, or a Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certd'lcate to be executed by the Secretary, or an Assistant Secretary, as heroinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may all~x the corporate seal, and a hcsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A hcsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as heroin in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin in Section 4 provided. shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in section 1, 2, 3 and 4 provided." IN WITNESS WIIEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of ,~UGUST 1987 ~.T.'.':;':h~ ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA ~i[(~!~f! By: ~ , . . . Pros dent On this 03 day of AUGUST ,"~87 , before personally came John E. Evans, to me known, who, being by me duly sworn, ff~*~"% UY S.A. DENNING Notary Public in ~ ~~a I, the undersigned, Secretary of AEEIED Mutual Insurance Company, a corporation organized under the laws urge State of Iowa, do hereby certify that ~e Bregoing Power of Attorney is still in Brce, and further certify ~at Section 2, 3, 4, 5; 6 and 7 of Article IX of ~e By-Laws of the Company set Bah iu said Power of Attorney are still in Brce. IN TESTIMONY WHEREOF, I have subscribed my name and affixed ~e seal of ~e compa~ this 20~ day of ~ , 19 8B t~:~, ~ ~ 00726 08/03/90 Bd I (0446) O0