Loading...
HomeMy WebLinkAboutReso 1988-13551 AND MAiL '[0: .. ~. ... ~7. ~ TION N , CHULA VISTA APPROVING FINAL MAP ~i 'd~UE~ ...... ; j VISTA TRACT 87-9, VISTA CORTINA~ ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION~ AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NO F[~ 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 87-9, VISTA CORTINA, and more particularly described as follows: Being a subdivision of Parcel 2 of Parcel Map No. 14572 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 8, 1986 as File No. 86-568260 of Official Records. No. of Lots: 166 Numbered Lots: 160 Lettered Lots: 6 Gross Area: 22.421 Acres 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: Ridgewater Drive, Southsnore Drive, Waterside Drive, Bluewater Lane, and Shoreview Place. 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 and maintenance of street tree planting, all as shown on said map within said subdivision, subject to the conditions set forth thereon. -1- 556 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. 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 3rd day of Ma7 , 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 Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by .,n , ///~ ..../ ,-'--.~ ~ --, ",, Jo Lip~it rector of :;~K~ Th mas J Hart n City P/~/~lic Works rney' 4136a -2- 557 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~,HULA VISTA, CALIFORNIA, this 3rd day of ~ay 19 88 , by the following vote, to-wit: AYES: Councilmembers cox, Moore, McCandliss, Nader NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers Malcolm ~of the City of Chulo Vista ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio, DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13551 ,ond thot the some hos not been omended or repeoled DATED CF!Y OF CHULA VISTA CC-660 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of May , 1988 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BREHM COMMUNITIES, 2835 Camino Del Rio South, Suite #220, San Diego, Ca. 92108-3882 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 CHULA VISTA TRACT 87-9, VISTA CORTINA 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 Chnla 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, a'll 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. 13066 , approved on the 9th day of June , 19 87 , and Form No. CA-410 Revised 3/87 -1- - 559 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. 87-461 through 87-466 , 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 NINE HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($978,000.00). 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 the recordation of the map of said subdivider. 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- 560 5. It is expressly understood and agreed to by Subdivider that, in the performance of said work, Subdivider will conform to and abide by all Of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 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 FOUR HUNDRED EIGHTY-NINE THOUSAND DOLLARS AND NO CENTS ($489,000.00) 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 FOUR HUNDRED EIGHTY-NINE THOUSAND DOLLARS AND NO CENTS ($489,000.00) 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 THIRTY FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked ExhiDit "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. 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, 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. 562 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 ~~ C~,A~TA SUBDIVIDER,: 5REHM COMMUNITIES Mayor o~ t~e City of Chula Approved as to form by (Attach Notary Acknowledgment ) On ..... ~ ~, bef~r~,me., t ~ undersigned, a Nota~ Public in and for personally known to me (or proved to me on the basis of satisfacto~ evidence) to be the persons who executed the within instrument as rid; Secretary, on behalf of ~- ~ __~resident ~ =/ C ,,,,, , , the corporation therein named, and acknowledged to me that '~ ~L suchcorporationexecutedthewithininstrument~gFs~antt°its M. LeB~NC by-laws or a resolution of its boa'r~ O~direc~ef~: ....... WIT~ESS my hand and offiCia / "' ?"/'/' '5 '~'~' /" ' (This area for official notarial seal) ~/ I .... ,,,,, ..~ 563 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $489,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $489,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $35,000.00 Securities approved as to form and amount by !~.,/ //City Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0156a BOND FOR FAITHFUL PERFORMANCE BOND NO. 02 35 84 WHEREAS, The City Council of the City of Chula Vista, State of California, and (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project vistaCortina. C~ula Vista Tr~, ~7-q , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and. the InsUrance Cn~nv nF fhe ~,C~f . , as surety, are held ~nd firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of FQur hUndred eiqhty-nine thousand dollars ($ 489.,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 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 565 -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: I )een duly said Sta~e, personally appea d ~ L/i/ ~~ and , personally known to me (or proved to me on the basis of satisfacto~ evidence) to be the persons who executed the within instrument as THE WEST ' -- · ' Secreta~, on behalf of ~ ' the corporation iherein named, and acknowledged ,o me suchcofporalionexeculedihewdhininstrumenipursuaniloils ~,~ ~OF~e~-~-F~C~ ~hiS area for official notarial seal) ./ City Attorney STATE OF CALIFORNIA ) ) as.: CI'TY AND COUNTY OF SAN DIEGO ) On this lOth day of February 1988 , before me, the undersigned Notary Public in and for the State, personally appeared Angie V. Mauricio a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corproation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notaria] Seal this lOth day of February A.D., 1988 ~.:~-;:~.T:~j':' .-,:,::', ~.;::~ ~;?;,,.:,~.:.~.~,=c~~~ No~a~ Public. 567 BOND FOR MATERIAL AND LABOR BOND N0.02 35 84 WHEREAS, the City Council of the City of Chula Vista, State of California, and The BrehmCom~unities (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 ViSta Cortina (CVTract 87-9) , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four hundred ei~tynine thousand dollars ($'48~,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. 568 -2- 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 FEBRUARY 10 19 88 -~,-, ,/~-~ INSURANCE COMPANY OF THE WEST ' ' // ,, / ~ttorney- i n- Fact personally known to me (of proved to me on lhe basis of satisfacto~ evidence) to be the persons who executed the within instrument as //C~" ~President an~ Z"' Secreta~, on behalf of 2~e corporation therein named, and acknowledged to me that suchcorporationexecutedthewithininstrumentpursuanttoits by-laws or a resolution f its board directors. IT~ESS myhan "a~ '4icia~ ~--~ (This area for official notarial seal) Signature . STATE OF CALIFORNIA ) ) SS.: CITY AND COUNTY OF SAN DIEGO ) On this lOth day of February 1988 , before me, the undersigned Notary Public in and for the State, personally appeared An.gie V. Mauricio a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corproation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this lOth day of February A.D., 19 88 g'~;~ ' ~,i .... '~ ....~ '~ ~ Pub] i C. 570 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER.OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate. constitute and appoint: A. J. CAMPBELL ANGIE V. MAURICI0 its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and Sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete COpy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Fifth day of May, 1982. ,~_~PA/I> INSURANCE COMPANY OF THE WES//jf~L, C'~tlFO~',~ President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this Fifth day of May A.D., 1982, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL leak Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect, and has not been revoked. 'WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, 10th day of February ~9 88. ICW CAL 37 (REV. 5/82) ~ > {{~' ? 571 SURVEY MONUMENT INSTALLATION BOND BOND N0.02 35 86 KNOW ALL MEN BY THESE PRESENTS, That I/We _.~he Dr~hm Co~w~mities . as the subdivider and Principal, and the Tnst3ranc.~ c~Dn_~pan_v of the '~,~est a Corporation of the State of .. C3]ifnrni~ , as Surety, are held an firmly bound unto the City of Chula Vista, a municipal corporation, in th County of San Diego,-State of California, and to and for the benefit of a and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of ~-h~rfv F~v~ ~hou.qand dollars' ($ SS.OOO. 00 ) lawful money of the Unite~d States of America, to be paid t..he said City of Chula Vista. ,/.V ..................... n subdividing %(. I Livision in the Ilss; 5 7 2 Completion of sa,d ,ate e sona,, a/ ea d , ~ ~ ~ _ and 'able monuments I ' personaH~ known to me (or Droved to me on the ion and de s ires ~si~ c~ ~a~is~e~ e','ide~¢~I ~ ~e ~he ~ers~n~ who e×~c~ed the within i~tr~ent as ,~resident an~ by :afino, Dutd~er the corporation therein named, and acknowledged to me that (name of sucheorporationexecutedthewithininstrumentpursuanttoits ~ OFRCtALSEAL M. LsBLANC ion, a copy of by-laws or a resolution of · / /i ~o0~m~ ula Vista, refer i IT' 8 y , ': al.:.,/' ' ...... ~ lm~l~.l~ ~N NE S m hand a o / ,rated herein as ~_:, ances of the Cit: Signature Crhis area for o~icial notarial sea|) / ~ ~,:>~ Of this bond, on following comple / sion, then the 'ce and effect. STATE OF CALIFORNIA ) ) ss.: CITY AND COUNTY OF SAN DIEGO ) On this lOth day of February 19 88, before me, the undersigned Notary Public in and for the State, personally appeared Anqie V. Mauricio a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the writte~ instrument as Attorney-in-Fact on behalf of the corproation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 3Oth day of FebrUary A.D., 19 8~ plres ANDREA M. CALABB~SE~ -o 573 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA ; , Certified Copy of POWER .OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: A. J. CAMPBELL ANGIE V. MAURICI0 its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, seal. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Fifth day of May, 1982. President STATE OF CALIFORNIA COUNTY OF 5AN DIEGO On this Fifth day of May A.D., t982, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith. that he Is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San D~,ego, the day and year first above written. Notary Public STATE OF CALIFORNIA 55: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the insurance Company of the West. do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full. true and correct copy, is in full force and effect, and has not been revoked. ' WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, vlOth dayof February 1988- ICW CAL 37 (REV. 5/82) ,,,/2~ ~':,'~ ~," /