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HomeMy WebLinkAboutReso 1989-13996REQUEST (Y FIRST AMERICA,'4 TI11.E RESOLUTION NO. 13996 8 9 yCC ~Z~r-c~KL_ RESOLUTION NO. 13996 89F,?, 27 PH{2:26 RESOLUTION OF THE CITY U FM VISTA TRACT 88-1~ RANCHO DEL REY~ PHASE 2~ ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS~ OPEN SPACE~ AND PUBLIC PARKS DEDICATED ON SAID MAP~ ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION~ ACCEPTING ALL ABUTTER~S RIGHT OF ACCESS AS RELINQUISHED ON SAID MAP~ AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBOIVISION~ AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 88-1, RANCHO DEL REY, PHASE 2, and more particularly described as follows: Being a subdivision of parcel 2 and a portion of Parcel 1 of Parcel Map No. 7416, in the City of Chula Vista, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County, June 9, 1978; a portion of Parcel 1 of Parcel Map No, 10728, according to map thereof filed in the office of said County Recorder November 21, 1980; a portion of Parcel i of Parcel MAp No. 13311, filed in the office of the County Recorder of San Diego County, May 30, 1984; the South half, the Southeast Quarter of the Northwest quarter, and the South 327 feet of the Northeast Quarter, all of Quarter Section 35, the Northwest Quarter of Quarter Section 36, the Northeast Quarter, and the Southeast Quarter of the Northwest quarter, both of Quarter Section 43, and the Southeast Quarter of the Southeast Quarter of quarter Section 44, said quarter Sections being portions of Rancho De La Nacion, according to map thereof No. 166, filed in the office of said County Recorder May 11, 1869. Area: 143.771 acres No. of Lots: 21 Numbered Lots: 21 Lettered Lots: 11 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of and shown thereon is hereby approved and accepted. -1- 0563 BE IT FURTHER RESOLVED that said Council hereby accepts ~ Behalf of the public the public streets, to-wit: Rancho del ,ey Parkway, Paseo Ranchero, Paseo Magda, Regulo Place, Buena Vista Way, Ridgeback Road, and portions of Buena Vista Way and Ridgeback Road and said streets are hereby declared to be public streets and dedicated to the public use. BE 1T FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage and street tree planting, and for sight visibility, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said County hereby accepts a fee interest in Lots A, B, C, D, E, F, 3 and K as shown on said map for open space, public utilities, and other public uses. BE IT FURTHER RESOLVED that said County hereby accepts a fee interests in Lots G, H, and I as shown on said map for public parks, public utilities and other public uses. BE 1T 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 mprovement Agreement dated the ~+A day of Q'~ , 198~, for the completion of improvements in said suOdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved.-~ BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approvals to form by 3oh P r of R'u'th N. ~, ~eputy City Public Works Attorney 5412a 0564 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHL_A VISTA, CALIFORNIA, this 14th dOy of~ March 19 ~9 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Moore NAYES: Counc~]member's Malcolm ABSTAIN: Councilmembers None ABSENT: Councilmembers cox Moyor q~ th~ City of Chulo Visto STA OF CALIFORNIA ) SOUNTY OF SAN DIEGO ) ss. :ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Visto, Colifornio, )O HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13996 ,ond thor the some hos not been omended or repeoled. ,ATED March 23, 1989 / City Clerk C-G60 '0565 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 24th day of January , 1989 , 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"; W I T N E S S E T H: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 88-1, Rancho del Rey, Phase 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 improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 13442 , approved on the 2nd day of February , 19 88 , and Form No. CA-410 Revised 3/87 , , 0566 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. 88-463 through 88-486 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 TWO MILLION, THREE HUNDRED FOUR THOUSAND DOLLARS AND NO CENTS ($2,304,000.00). 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. 2 ' 0567 5. It is expressly understood and agreed to by Subdivider that, in the performance of said work, Subdivider will conform to and aDide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ONE MILLION, ONE HUNDRED FIFTY TWO THOUSAND DOLLARS AND NO CENTS ($1,152,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit 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 ONE MILLION, ONE HUNDRED FIFTY TWO THOUSAND DOLLARS AND NO CENTS ($1,152,000.00) to secure the payment of material and labor in connection with the installlation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of TWENTY SEVEN THOUSAND DOLLARS AND NO CENTS ($27,000.00) (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- · "0568 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 result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of tne 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, including, but not limited to damages to or taking from 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- 0569 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. THE CTY OF CH A VISTA SUBDIVIDER: RANCHO DEL REY PARTNERSHIP · ~ See Signature Pages - Attached MayOr of Oth~ City of Chula Vista ,.,- ,~ C~~%ity~Clerk ~=~ · '~ Approved as to form by ,City ~'tY~ (Attach Notary Acknowledgment ) -5- 0570 RANCHO DEL REY PARTNERSH I P A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES, INC. A CALIFORNIA CORPORATION TITLE: Vice P~:esident TITLE: Senib/r Vice P~:esiclent BY:HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION ( :"' TITLE: 6/2~/88 jb · · 'a=xTz or cu rouxx ) 0 5 7 1 · ) COVI~Y OF SA,q DXE~ ) On s ~~ da ~f , 19/f, ~etore no, ' 1 c ~n and tGr co~oration ~at executed ~e within instment, ~o~ to me be ~e persons who executed the within instnent on behalf of ~e said co~oration', said co~oration being ~o~ to me to be one of ~e general panners of aANCH0 D[L REY ~e general partnership that executed ~e wi~in instment, and achowledged to me ~at such co~oration executed ~e same as such panner and that such pannership executed the same. WI~SS my hand and official seal. ' /~T~Y PUSL~ CAT. NO. NN00636 · o TICOR TITLE INSURANCE (Co~oc~don ~s ~ e~r~ner o~ · hnn¢=ship) STATE OF CALIFORNIA COUNTY OF ~/~ D/~ 'said State, personally appeared ~ F~ b~re ~unders,gned, a Nota~,Public in and for known to me ~ .... ,~, rn me an rhea: ~f ~-':'g ....... elfin=no' to be ~e perso~ho executed ~ personally ~" ' ' d ~/~ ........... ~ ~ /a ~ ... ~ the within ins~ument as th~r~ ~. ~t, and ~4~ ~ ~- ~ per on wh e cu ~d the withi ~s~ument ~ the "/~i f'~ ~ of ~ the corpora ' ~ th t execut d t e 'thin instrument on r ~d~/'P __ the partnershib that executed ~~ OFFICIALSEAL ~he wi[hin ins~mmen[, and acknowledged m me ~hac such ' ' ' PATRICIA URBINA corporation executed the same as such parmer and ~a~ · NOTARY PUBLIC CALIFORNIA such pa~nership executed the same. dacipal ~ice in San Oi~0 C~n~ WITNESS my hand and offici~ se~. My Cornminion Expire~. ~, 0572 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $1,152,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,152,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $27,000.00 Securities approved as to form and amount by i. 'Da~te / /" ' t ~~~~y Improvement Completion : Ti~Z~E date of Council approval of the Subdivision Improvement Agreement 0156a -6- " 057 3 RANCHO DEL REY, SPA I, ~ 2 BOND NO. Bd 7900 526888 ". ~ PREMIUM $~189.00 Copy # of Three -Executed Copies. REF: EY 27 0 SURVEY MONUMENT INSTALLATION BOND 'i;- Home Capital Corp. & McMillin Communities, Inc. DBA RANCHO DEL REY · PARTNERSHIP KNOW ALL MEN BY THESE PRESENTS, That I/W.e as the subdivider and Principal, and the ALLIED MUTUAL INSURANCE COMPANY a Corporation of the State of Iowa ., as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of Twenty-Seven Thousand .and no/100 ($ 27,000.00 ) 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. ~o be known as RANCHO DEL REY, SPA I, ~ 2 subdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and WHEREAS, the said Principal desires not to set durable monuments prior to the recordation of the final map of the subdivision and desires to 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. BOBEFT G. (name of SCHOETI~R L. S. 4324, as per the final map .of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completic and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this 4th day of Ja~ary , 19 89 · RANCHO DEL REY PARTNERSHIP SEE A--~TAC~ED S IC~A_~gPE PAGE (Principal) t ///~" C '?y~rney Keith E. Clements k.~ P.O. BOX 1820, LA MESA, CA 92044 PW-E-34 ,-. 0574 RANCHO DEL REY PARTNERSH I P A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES~ INC. A CALIFORNIA CORPORATION T I TLE: V~_co TITLE: BY: HOME CAPITAL CORPORATION A CALI FORN I A CORPORAT I ON B 6/24/88 jb 0575 'STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) ( On this llth day of January 19 89 before me, Joyce A. Benefield , a Notary Public in and for said state, personally appeared Kenneth J. Sereetch personally known to me (~= ~r=v== ~- me ~n '~ ~--~- ~f · ==ti:f=-ct=-~· cva~enc;) to be the vice President, and virgil E. ~lliott , personally known to me (e~ Sr. Vice Pres. See~e~ of McMILLIN COMMUNITITES, 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 'D[[ RF¥ PA~INERSHSP 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. CAT. NO. NN00636 \ TO 1954 CA (9--84) ...(Id INBURAN,,CE of a a=e= h p>TICOR TITLE 5TXTE OF CALiFOR.NL-~ } SS. COUNTYOF SAN 'On. ~?.YZY--ZL:Z rd/c~, / 9z~ ~ before me, the undersigne.d, a Notary Public in and for ~ajd State, personally appt-~red STEVEN R. PENN personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the ~vithin instrument a~ the PROJECT MANAGER ~i~i~,and JOHN D, O'BRYAN personally known to me or proved to me on the basi~ of satisfactory evidence be the erson who executed the vckhia'i_~n'ument as the TREASURER ~ of to HOME CAPITAL CORPORATTON the corporation at executed the ~thin i_~ent on behalf of R~ REY .................... ","-%"-",s ............ PARTNERSHI P the partnership that executed the vtithin insl:rtunent, and acknowledged to me that such PATRICIA URBINA corporation executed the s~"ne as such partner ~nd that NOTARY PUBLIC CALIFORNIA Principal Office i. San Oiele mch partnership executed the same. My C0mmisei.~ E~ifes VaTNESS my hand ~nd offidol se~l. 0576 : ',' STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. CERTIFICATE QF ACKNOWLEDGEMENT County of ) INDIVIDUALS On this day of in the year __, before me ........... a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness 'my hand and official seal on the day and year above written. · (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year __, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) CORPORATION On this day of in the year __, before me a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE 'OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of San D_teqo ) CORPORATION On 'this z~Lh. day of ,_Ta.nua_D/ in the year 3-989, before me Ke_rz'y' ,.TearLnette a notary public, personally appeared :Kej. L.h. P,. C3-ernen'h_s , personally known to me, or proved to me on the laBsis 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 acknowledged to me that the ~:orporation executed it. Witness my hand and official seal on the day and year above written. / - Bd 294 (1-87) ~ ~4~ti 9|EGO COUNTy ' 0577 Power of Attorney Insurance KNOW ALL MEN BY TItESE 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 'Company', does hereby make, constitute and appoint KEITII E. CLEMENTS SilERRY 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 arty 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 rite 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 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)-In-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 fire Board of Directors of the Company. ARTICI~E IX - EXECUTION OF CONTRACYS "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)-In-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 instrmnent of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation 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 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 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 facsitnile 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 WI'FNESS WtlEREOF, 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 #~:~:i~:::~% ALLIED MUTUAL INSURANCE COMPANY d 1 STATE OF IOWA {~..S>~:i~ By: aatl~f President COUNTY OF POLK ss ~;.~'!~I ~'/Cf'U~ On this 03 day of AUGUST ,~87 , before personally came Johl1 E. Evans, to me known, who, being by me u y sworn, pursuant to authority given by the Board of Directors of said corporation and that he has sis ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. ;;~ S. A. Denning , ~ , MY COMMISSION EXPIRES 4 '1389 ,*, ' ' CERTIFICATE l, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article lX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed~tl,q,e seal of the compa~_% this ,~t day of ~c'~ii,.~,.C.[ ~9 :~ ?, · ' This Power of Attorney expires ~!?~;',,, Secretar .:i09726~ i ': 08/03/90 Bd I (04-86) 00 , '0578 ssz x, 2 . .¢,. ~ ~.. ~D~ ~. ~ 7900 526889 ' " ' "~ P~'q~ $ 8064.00 ~py~ ~ of T~ ~t~ Copies. ~: ~ 270 BOND FOR FAITHFUL PE~O~NCE State of California, and Home Capital Corp. & ~ DBA RANCHO DEL REY PARTNERSHIP (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public · improvements, which said agreement, dated 19 , and identified as project RANCHO"DELRE~, SPA I, PHASE 2 SEWER AND STREET IMPROVEME~LTS , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ALLIED~U~iUAL~SUpJ~.~CECC~ANy , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called '~ity", in the penal sum of ONE PqLLION ONE HU~RED FIFIY-~WO THOUSAND AND N0/100 * * * * * * * * * * dollars ($ 1,152,000.00 ) 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; otherwiseit 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 jhdgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the 0579 -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, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the -agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on JANUAKfl0 , 19 89 . RANCHO DEL REY PARINERSHIP ALLIED MIFIUAL INSURANCE C0.~ANY SEE A~TACHED SIGNATURE PAGE _BY: ~. " Keith E. Clements Attorney-in-Fact Contractor Surety P. O. BOX 1820, LA MESA, CA 92044 APPROVED AS TO FORM: L/ Cit~ZttorneY j PW-E-34 0580 RANCHO DEL REY PARTNERSHIP A GENERAL PARTNERSH I P BY: McMILLIN COMMUNITITES, INC. A CALl FORNIA CORPORATION TITLE: ~ ~ ~ TITLEV' ~,~ ~ BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION B V: T I~~~ 6/24/88 jb 0581 · COUNTY OF SAN DIEGO ) ss. - (" ' 0 //z~ .... "',._" a~o~e~e~ such Pa~ner and ~ha~ much ps~nersh~p execu~e~ ~e ssme. TO 1954 CA 19--841 . (Co~o.don~,P~=ofaP,=ership) ~TICOR TITLE INSURANCE STATE OF C~IFO~N~ COUN~OF SAN ~d Sure, peruonly z~e=ed ' STEVEN R. PENN . pe~on~y ~o~ to me or proved to me on ~e b~ of sa~o~ ~dence to be ~e pe~n who ~e~ted : ~e~s~ment~e PROJECT MANAGER ~,~d. JOHN D, O'BRYAN pe:on~y ~o~ to me or proved m me on ~e b:~ of ~fg~oq e~dence : be ~e e~n who exe;ted ~e ~n ~ment ~ ~e TREASURER m HOM~ CAPITAL CORPORATION ~of ~e coloration ~zt executed ~e ~ ~ent on beb~ o~ NCHO DELR REY PARTNERSHI P ~e p~e~hip ~t executed ~e ~ ~s~en~ ad ac~owledged to me ~at such co~o~don exerted ~e s~e ~ch p~ne~p exerted ~e same. ~TNESS my had ad offld~ se~. 0582 '- -' STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) · ' ss. CERTIFICATE OF ACKNOWLEDGEMENT County of ) INDIVIDUALS On this day of in the year ., before me , a notary public, personally appeared ' personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year __, before me , a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year __, before me , a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of Sa.11 Dj. eqo ) CORPORATION On this 10f.11, day of ~'anua.v~ in the year __~989_, before me a notary public, personally appeared ~,,~ Eo C.].elt'ap.f.8 , 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 acknowledged to me that the corporation executed it. Witness my hand and official seal on the day and year above writter). . ,,~ '/~/x,....~ ' ~'~9 I /)E~ NOTARY PUBLIC Bd 294 (1-87) 04 ~ 'z 'Ss'o . ~'~' ~ cG , 0583 Power of Attorney Insurance KNOW ALL MEN BY THESE PRESENTS ]'hat 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, hereinafier called 'Company', does hereby make, constitute and appoint KEITIt E. CLEMENTS SHERRY ItOFFMAN 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 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 file authority hereby given are hereby ratified and con- tirmed. 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)-!n-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)-ln-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)-In-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)-In-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)-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 be executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed ~.o any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument of 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 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 herein in Section 1, 2, 3 and ,1 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of .~..~.~UGUST 19 .~V:;~:::>~.~ ALLIED MUTUAL INSURANCE COMPANY COUNTY OF POLK ss On this 03 day of AUGUST ,'~ 87 , efore 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 sig ed his name thereto pursuant to like author- A. Denning ,,~'% S.A. DENNING Notary Public in a , ,, CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set fortim in said Power of Attorney are still in force. IN TESTIMONY WttEREOF, 1 have subscribed my name and affixed~he seal of the compa~ this lCtlq day of jc~Iu.c~i,, , ~:SEAL: This Power of Attorney expires ~Z~E'~d ~ Secretar 00726 08~03~90 .. '0 5 8 4P 'qc oSPA 2 ~ BOND NO. Bd 7900 526889 · . .-. p~ P~ OF P~~ ~ p~ ~: ~ 270 ~W ~ ~ of ~ ~t~ Copies. BOND FOR ~TERIAL AND LABOR WHEREAS, the City Council of the City of C la Vista, State of California, and Hcme Capital C rp. , Inc. DBA RANCHO DEL REY PARINERSHIP (here inaf ter designated as "Principal") have entered in'to an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project RANCHO DKT.,.EZ, SFA I, PHASE 2 SEWER & STREET IMPROVE~Shereby 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 ~e aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONEMILLION ONE HUNDRED FIFTY-TWO TH~tSANDANDno/100 * * * * * * * * dollars ($ 1,152,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount 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. " 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 JANUARY 10 19 89 . RA~CHO DEL REY PARTNEKqHIP ALLIED MUTUAL INSURANCE COMPANY Keith E. Cleraants Attorney-in-Fact Contractor :, Surety P. O. BOX 1820, LA MESA, CA 92044 APPROVED AS TO FORM: . ' ? '~__.~. W_Eff34C.~~~ey 0586 RANCHO DEL REY PARTNERSHIP A GENERAL PARTNERSH I P BY: I',,tcHILLIN COMMUNITITES, INC. A CALIFORNIA CORPORATION TITLE'~.~_r_.~~ T I TLEt:'''~ ~ ~ BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION 6/2~/88 jb ~3qq~ _ COUNTY OF S~ DIE~ )U , ,, ,, c~cr~t~n ~ executed ~ ~th~n ~n~t~ent~ ~c~ tc me t~ ~ ~e ~er~n~ ~h~ executed the ~th~n ~n~t~ent ~n behalf cf ~e ~ener~ ~r~nersh~p that e~ecuted ~e ~n ~nst~ent~ ~nd ~c~c~led~e~ t~ m~ ~ ~uch c~cr~t~n executed the same a~ ~uch p~ner ~nd ~ ~uch ~nersh~p executed the same, ~E~S m~ h~n~ ~n~ ~fflci~l ~e~l, ' ~'~ ~T~Y PUBLI~ CAT. NO. NN00636 To , , , , = A , ,-, , , RA' ,ICE <co o,-, o..a ,, erofa e,ship>TICOR TITLE INSU,, STXTE OF C~IFO~N~ } ~. COUN~OF SAN DTFAA ~c~on~V ho~ m mc o= proved ~o mc on ~c b~ of sa~[a~o~ c~dcncc m bc ~c pc~n who ~c~~mcn=~c eROJECT ~ANAGER ~~a JOHN bc ~c c~o. who cxc~ca ~c ~n ~mc.~ ~ ~c TREASURER ~o HOM~ CAPITAL COR~ R~TTAN ~c colorado. ~a~ cxccu~cd ~c ~ ~cn~ on R bch~o~ NCHO DEL REY PARTNERSHIP ~e p~c~hip ~z~ executed ~e ~ ~smenh ~d ac~owledged to me ~at such co~o~don exerted ~e sine ~ such p~er ~d ~ch p~ne~p exerted ~e same. ~TNESS my h~d ~d offit se~. ~_/5~' - ............ :. 0588 ·. .- STATE OF CALIFORNIA CERTIFICATES OF ACKNQWLEDGEMENT STATE OF CALIFORNIA ) *" ss. CERTIFICATE OF ACKNOWLEDGEMENT County of ) INDIVIDUALS On this day of in the year __, before me , a notary public, personally appeared ' personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) PARTNERSHIP On this day of in the year __, before me , a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) CORPORATION On this day of in the year __.,before me , a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it: Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ~ Di.e"23 ) CORPORATION 198 ~e __ __ "_ efo e e On this lOth day of J~'~uaI7 in the F~it~, ~. ~, a notary public, personally appeared ar b r 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 acknowledged to me that the corporation executed it. Witness my hand and official seal on the day and year above written. Bd 294 (1-87) 04 0589 ~ ° * Power of Attorney Insurance KNOW ALL MEN BY TttESE 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, hereina~er called 'Company', does hereby make, constitute and appoint KEIT!t E. CLEMENTS SHERRY HOFFMAN KERRY JEANNETTE STEVEN W. DOBSON LA MESA, CA each in his individual capacity, its true and la~q'ul Attorney-ln-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 ( s 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- 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)-ln-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)-In-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 CONTRAC['S "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, [o 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)-In-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 certificate to be executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be 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 7. A facsimile signature of a former officer shall be of the same validity as that of ~,:i existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and 4 provided[ IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of .e..~.{kUGUST 1987 ~;~;;~:::~.% ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA ~:....S~.j~ By: 2~~f President COUNTY OF POLK ss ~:~!~I 5 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 sig ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. S. A. Denning ,,""~, S.A. DENNING I Notary Public in d , A, MY COMMISSION EXPIRES 4 1389 ,-, ' ' CERTIFICATE I, the undersigned, Secretary of ALL1ED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY %VHEREOF, I have subscribed my name and affixed the seal of the company this lOth day of January 19 89 This Power or Attorney e×pires Secretar 00?26 08103/90 -~Bcl I (04c-86) 00 "'