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HomeMy WebLinkAboutReso 1988-13646 0 2227 Revised 7/8/88 RESOLUTION NO. 13646 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS FOR CHULA VISTA TRACT 87-8, RANCHO DEL SUR, gNIT NO. 2 AND RELEASING RANCHO DEL SUR PARTNERSHIP FROM PRIOR SUBDIVISION IMPROVEMENT AGREEMENT FOR RANCHO DEL SUR, UNIT NO. 2 The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and BUIE-SUNBOW LIMITED, a California Limited Partnership, for Chula Vista Tract 87-8, Rancho del Sur, Unit No. 2, dated the 12th day of July , 1988, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of --°hula Vista be, and he is hereby authorized and directed to xecute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that Rancho del Sur Partnership is hereby released from prior Subdivision Improvement Agreement for Rancho del Sur, Unit No. 2. Presented by Approved as to form by J~ P. Lipp~l[tJ ~irector of D. RiChard R~dolf, AsSistant P ic Works City Attorney 4371a 0 2228 --- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day Of JuZ,/ .... 19 tiff , by the following vote, to-wit: AYES: Councilmembers Iiader, Cox, Moore, ItcCandl~Lss NAYES: Councilmembers ~lone ABSTAIN: Counci lmembers ilalcolm ABSENT: Counci lmembers J~ofof t'~"fe'City'~f Chula Vista ;TA'~ ,_ OF CALIFORNIA ;OUNTY OF SAN DIEGO ) ss. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, California, O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of I~ESOLUTION N0. 136z+6 ,and that the same has not been amended or repealed ,.~~ ~ ~' City' ler ' " OF EHU VI A " 0 2208 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of July , 1988, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BUIE SUNBOW, LTD., a California Limited Partnership, 16536 Bernardo Center Drive, Suite 200, San Diego, California 92128, hereinafter called "Subdivider"; il WITNESSETH: WHEREAS, Subdivider's predecessor in interest presented to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, known as Chula Vista Tract 87-8 (Rancho del Sur) Unit 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 -- ~ 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's predecessor in interest entered into an agreement wherein it was provided that Subdivider would 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 Subdivider is assignee of this agreement, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 13111, approved on the 7th day of July, 1987, and NO FE 2209 WHEREAS, complete plans and specifications for the ~Onstruction, installation and completion of said public improve- ~nt work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 87-569 and 87-557 through 87-555, 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 FIVE HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($579,800.00). 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. 0 2 10 5 It is expressly understood and agreed to by ~,~bdivider that, in the performance of said work, Subdivider will ~nform to and abide by all of the provisions of the ordinances of 6he 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 TWO HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($289,900.00), 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 TWO HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS (~289,900.00) 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 ~greement, an approved improvement security in the sum of SEVEN ~OUSAND DOLLARS AND NO CENTS (~7,000.00) 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. Subdivider acknowledges that the following improvement must be completed and accepted by the City prior to allowing the 243rd residential unit (whether a single family home or apartment unit) in this subdivision consisting of Units 1 through 5 inclusive of Rancho del Sur to be occupied: -3- 0 22tl A. A dual left turn lane configuration at the ~ intersection of Telegraph Canyon Road and the northbound on ramp of 1-805. 11. 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. 12. 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. 13. It is understood and agreed that until such time as ~11 improvements are fully completed and accepted by City, ~bdivider will be responsible for the care, maintenance of, and dny 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. 14. 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 2212 security shall not be required to cover the provisions of this ~ragraph. Said indemnification and agreement to hold harmless hall 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. 15. 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 ~orth. Vista ula ~ C ~ Approved as to form by / 'City Attorney (Attach Notary Acknowledgment) 0 2213 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Unit Amount of Bond 2 $289,900.00 Exhibit "B" Improvement Security - Material and Labor: Unit Amount of Bond 2 $289,900.00 Exhibit "C" Improvement Security - Monuments: Unit Amount of Bond 2 $7,000.00 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 3822a $TATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ~C~, h · CO~e ~ a N ta y Publi~ in and for personally known to me (or proved n the basks o~ '~ s tisfacto,ry ev dence) to be the ~(ee President, and ~r~ ~o , per,o.elly known to me ~or proved on Secreta~ of The Buie Coloration, the coloration that executed the within instmment on behalf of said coloration, said coloration being ho~ to me to be the general partner of BUIE - S~BOW LTD., the limited partnership that executed the within instrument, and achowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. NO~Y PUBLZC ~ 2215 I- CF' F~ A NCH'O LA NACION PER ' ~ · MAP ,, / o~ ' MAP ~.B312 L: : :/--/- 0 2216 BoND # PREMIUM 4,046.00 Executed in Triplicate BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of California, and_~uie _ Sunbow Ltd. (hereinafter d~signated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public 'improvements, which said agreement, dated June 10 1988 , and identified as project Chula Vista Tract 87-8 Rancho Del Sur Unit No. 2 , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Insurance Company of the West , as surety, are held and firmly bound unto the City of Chula Vista, hereinafter called "City", in the penal sum of Two Hundred Eighty Nine Thousand and no/100 dollars ($~89,000.00 ) 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 inde.-unify 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 2217 -~- 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 June 10 , 19 88 (Signature page attached) Insu_~ance Company of the West Jo A. Mason, Attorney-in-Fact Contractor Surety APPROVED AS TO FORM: ~.-i/-I . . ~j~/F~C~Att~r~ PW-E-34 !STATE OF CALl FORNIA COUNTY OF San Diego On this 10th day of June in the year 1988 , before me, the undersigned Notary Public, in and for the State of California, personally appeared Jo A. Mason personally known to me (or proven to me on the basis of satisfactory evidence, to be the pe,son .e .,ed ,be ~' ~ JANUS E.cTHEODORE In-Fact on behalf of the Corporation therein named and acknowledged to me ~ ~A~ ~t~SUC-~[~0~NIA that the Corporation executed it. . ~c~Y Given under my hand and the Notary Seal this !0~hday of June · ~C~[,p hne~ ~SgO A.D.19 88 . ~~~~ My Commission expires 6/4/90 ~: CW Cam 315R(04/86) ~' Notary Pubmi: 0 2218 SIGNATURE PAGE Buie - Sunbow, Ltd., a California Limited Partnership, By: The Buie Corporation, a California CorporatiRn, General Partne~ ~ / ~ Date Date F TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) o ~h~s ~%~ day of J~n~, 19S~, before state, personally appeared personally known to me (or proved ~n the basis of' , personally known to me (or proved on he ~ausi of satisfactory evidence) ~o be ~$ecre~ary of The Buie Co~po~a~ion~ ~h~ corporation ~ha~ executed ~he ~i~hin ins~um~n~ on behalf of s~id corporation, s~id corporation b~in~ known ~o ~e ~o ~ene~al partner of BUIE - SUNBOW ~TD. ~ ~h~ partnership ~ha~ executed ~he ~i~hin instrument, and acknowledged ~o ~e ~ha~ such corporation executed ~he ~ame as such partner and ~ha~ such partnership executed the same. ~ITNESS my hand and officia~ sea~. NOT~Y PUBLIC 0 2 2 19 # 71 Executed in Triplicate BOND FOR MATERIAL AND LABOR W~EREAS, the City Council of the City of Chula Vista, State of California, and Buie - SuObo~.Ltd, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated June 10 19 88 , and identified as project Chula Vista Tract 87-8 ~anchQ ~el Sur, Unit No. 2 , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty Nine Thousand and no/100 dollars ($ 289,000.00 ), for materials furnlshed 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 Chu!a 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. 0 2220 The surety hereby stipulates and agrees ~hat 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 June 10 19 88 (Signature page attached) Insur~ance company of the West BY:~ Jo A. Mason, Attorney-in-Fact ContraCtor Surety APPROV~/_D.~TO FOR~4: City ~/~ney STATE OF CALl FORNIA ss COUNTY OF San Diego _ On this 10th day of Jun_e _ _ . in the year 1988 . before me. the undersigned Notary Public. in and for the State of California. personally appeared Jo_ A. Mason personally known to me (or proven to me on the basis of satisfactory ~A~,%,,.~.~.%,~,!~.~A.~,A.~t~%%,~,,~,,~=/~,~ evidence) to be the person who executed the written instrument as Attorney- Jtrje~ ~. ~ In-Fact on behalf of the Corporation therein named and acknowledged to me ~.: - '~ "~ ~t~PAL ~E ~N Given under my hand and the Notary Seal this 10th day of June ~ ~, 19~ My Commission expires 6/4/90 0 2221. SIGNATURE PAGE Buie- Sunbow, Ltd., a California Limited Partnership, By: The Buie Corporation, a California Corporation, General Partner q Date Date 'ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) on ~his ~44~ day of ~ne , ~9~ before ~e, Tr~c~ ~. ea~ a ' , Not ry Public in and for said state, personally appeared ~ 4~,bD~Pr personally known to me (or proved n.the basis of ' satisfacto~ ev'dence) to be the q ~ee President, and ~l Herc~ , personally known to me (or proved on he'bah's of satis'factory evidence) to be the t~at e~eo~ted t~e ~it~i~ i~Bt~ent o~ be~al~ o~ ~ai~ ~a~tne~s~i~ t~at e~ee~te~ ~e ~it~in in~t~u~ent~ an~ ac~no~le~ge~ ~o ~e ~at soc~ oo~o~ation execote~ t~e ~a~e as ~I~S ~y ~an~ a~d o~ieial seal. N~Y '~BLIC 0 2224 STATE OF CALIFORNIA SS COUNTY OF San Di~go On this ~lOt~lay of ~Tune _ , in the year 1988_ , before me, the undersigned Notary Public, in and for the State of California, personally appeared Jo ~. Mason ~~ personally known to me (or proven to me on the basis of satisfactory IJAN22 E evidence) to be the person who executed the written instrument as Attorney- ;~2 In-Fact on behalf of the Corporation therein named and acknowledged to me ~1 that the Corporation executed it. i9~ Given under my hand and the Notary Seal this 1Oth day of June ~ , ~ A.D, 19 88 . My Commission expires 6/4/90 ~CW CnI 315R(04/86) // Notary Public /- 0 2 2 2 3 ' # ' 04 ~ SURVEY MONUMENT INSTALLATIC:.~ BOND P.D~MIUM 98.00 Executea in Triplicate KNOW ALL MEN BY THESE PRESENTS, That I/?;e Buie - SBnboW Ltd. ' ~ the subdivider and Principal, and the Insurlnce company of the West ./Corporation of the State of california , 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 al and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of Seven Thousand and no/100 ($ 7.Q00-00 ) lawful money of the United States of America, to be paid the said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as Sunbow Unit No. 2 subdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution 13111 , 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 t~ Principal shall have set durable monuments of the survey by (na~e of Church Engineering, as per the final map of sai~ 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 '~ough here set forth in full, and according tc the ordinances of the Cit~ f 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 comple~ and acceptance of public improvements within said subdivision, then the obligation shall be void, othenvise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal lad Surety have hereunto se~ their hands, this 10th day of June , 19 ~8 (Signature Page Attached) (~rincipal) PW-E-34 0 2225 SIGNATURE PAGE Buie- Sunbow, Ltd., a california Limited Partnership, By: The Buie Corporation a Canfornia corpora~, General Partner Date Date STA~ OF CALIFO~IA ) ~ ) ss. JhfY OF SAN DIEGO ) ~n ~i~ %-H~_ . day of JU~ , ~,~ before me, ,ersonally known to me (or proved o~ the basis of , personally ~own to me (or proved on ~he h~is of satisfactory evidence) to be the ~Secreta~ of The Buie Coloration, the corporation ~hat executed the within instrument on behalf of said ~orporation, said corporation being ~own to me to be the eneral partner of BUIE - SUNBOW LTD., the limited trtnership that executed the within instrument, and ~knowledged to me that such corporation executed the same as ~ch partner and that such partnership executed the same. :TNESS my hand and official seal. 0 2226 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 5an Diego, California, does hereby nominate. constitute and appoint; JO 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 cailed and held on the Sixth day of February, 197:3, 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 officer this 18TH STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this18T~ DAY O~ ~OV~ ~e the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ~S~ ~Y~ 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 es 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. ~ t Nota~ Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, Richard 5. 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. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, hi' ' '0~h dayof 3~e 19 88.