HomeMy WebLinkAboutCC RESO 14,554AI*
RESOLUTION NO. 14,554
RESOLUTION AUTHORIZING THE CITY ENGINEER TO SIGN
AN IMPROVEMENT AGREEMENT BETWEEN TRANS -STATE BUILDERS
AND THE CITY OF NATIONAL CITY
BE IT RESOLVED by the City Council of the City of National City,
California, that the City Engineer is hereby authorized to execute on behalf of
the City, an Improvement Agreement between Trans -State Builders and the City
of National City as it applies to the corner of 30th Street and "F" Avenue.
PASSED and ADOPTED this 26th of February, 1985.
ATTEST:
C21 Lee
CITY CLERK '
dau of
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this 28th
, 19 , by and between
♦ 7./
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
/
F c.•//d/er5
, hereinafter
call "Developer", WITNESSETH:
WHEREAS, Developer is about to record or has acquired a Parcel
Map to be recorded pursuant to the provisions of ordinances of the City of
National City relating to the filing, approval and recordation of Parcel
Maps; and
WHEREAS, That before said map is finally approved by the City,
Developer must either have 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 subdivision are approved for purposes of recording in the
office of the County Recorder of San Diego County, or as an alternative thereof,
that Developer 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 ordinances of the City of National City, agreeing at its own
expense to install and complete, free of liens, all of the public improvements
and/or land development work required in said subdivision within a definite
period of time prescribed by said City; and
WHEREAS, Developer is willing to enter into this agreement
wherein it is provided that Developer will install and complete at its own
expense, all the public improvement work required by City in connection with
the said Subdivision and will deliver to City an improvement security as
approved by the City Attorney; and
WHEREAS, Complete Plans and Specifications for the construction,
installation and completion of said public improvement work have been prepared,
-1-
and approved by the City Engineer, as shown on Drawings No. n 77-,!3 .5-7e9.D
o,7d 5&79.17_ gaAxle] xAidedxatic;re coaxtcxaxot;e
aftt exafithExatty nwiticXffidI ,
a copy of which plans & specification
10Ck
kv;.rt^AwliOXX--- - - --.. 3xF'.:'?:_:;:`;::,.`-xataxisxano 91e: 5-:t1 Z1171011K
care
xax1 Q on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing slid public
improvements and/or land development according to said Plans and Specifications
has been made by the City Engineer and has been approved by City, to which
estimate of costs, 10% thereof has been added as required by ordinances of
the City of National City for public improvements and/or an amount computed
pursuant to the requirements of said ordinances has been added for land
development work, which estimate is attached hereto, marked "Exhibit B" and
made a part hereof;
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
That in ccnsideration of the approval and recordation by the
City Council of the Parcel Map of said subdivision, and/or other valuable
consideration, Developer expressly herein undertakes and agrees as follows:
To comply with all of the requirements of the tentative map
resolutions; 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 of City
all of the public improvement and/or land development work required to be
done in and adjoining said Map and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the Plans and
Specifications, which document has been heretofore filed in the office of
the City Clerk and by reference thereto is incorporated herein and made a
part hereof.
It is expressly understood and agreed that Developer will cause
all necessary materials to be furnished and all improvements required under the
previsions of this cnntract to be done on or before .2/i/90
—2—
It is also understood and herein expressly agreed to by
Developer that in the performance of said work, Developer will conform to
and abide by all of the provisions of the ordinances of the City of National
C;ty aad_the "*ate of ralifnrnia applicable to said '.:cr4.
That if any of the public improvements and/or land development
work contemplated by this agreement is to be constructed or installed on land
not owned by Developer, no construction or installation shall be commenced
thereon prior to the dedication and acceptance by City of appropriate easements
or right of way therefor.
Developer further agrees that simultaneously with the execution
of this agreement, it will furnish and deliver to the City an approved
improvement security in the sum of "I i J — which security
shall guarantee the faithful performance of this contract by Developer and is
attached hereto marked "Exhibit C" and made a part hereof.
It is further agreed that if the public improvements are not
completed within the time agreed herein, the sums provided by said improvement
security may be used by City for the completion of the public improvements
within said subdivision in accordance with specifications contained herein.
Upon certification of completion by said City Engineer and
acceptance of said work by City and after certification of the City Clerk and
City Treasurer that all costs thereof are fully paid, the whole amount, or
any balance of said sum not required for payment thereof, may be released to
Developer, or its successors in interest pursuant to the terms of the
improvement security.
It is also agreed and understood by the parties to this agreement
that in no case will the City of National City 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, or his sureties or bondsmen be liable for
the payment of any sum or sums for the above -mentioned work of any materials
furnished therefor.
Provided, however, that this shall not preclude City from
entering into agreements with Developer for the apportionment of costs of
water and sewer mains pursuant to the provisions of the ordinances of National
ft+y rrny; ' :g !!.erafor, uc. .:. 11 ...iything '._,ertn stated commit .City .tc any
such apportionment.
It is further understood and agreed by Developer that any
engineering costs (including plan checking, inspection, materials furnished
and other incidental expenses) incurred by City in connection with the
preparation of the improvement plans and the installation of the public
improvements hereinabove provided for, shall be paid by Developer and Developer
shall deposit with City a sum of money equal to 3% of the costs of the
improvements, approved by the City Engineer.
In ascertaining the amount of such costs incurred by City, the
cost report of the City Clerk and City Treasurer shall be prima facie evidence
of the true cost of the engineering services so performed by City.
It is understood and agreed that until such time as all
improvements are fully completed and accepted by City, Developer will be
responsible for the care, maintenance of and any damage to the streets, alleys,
easements, water and sewer lines within the proposed subdivision.
That upon acceptance of the work on behalf of City, Developer
shall grant to City by appropriate conveyance, the improvements constructed
pursuant to this agreement.
The acceptance of the work on behalf of City shall be made by
City Manager upon. the authorization of the City Council. Such acceptance
shall not constitute a waiver of defects by City.
It is understood and agreed that City shall not, or any officer
or employee thereof, be liable for aay injury to person or property occasioned
by reason of the acts or omissions of Developer, his agents or employees in
the performanc: of this agreement. Developer further agrees to protect and
-4-
hold harmless 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
the acts or omissions of Developer, his agents, or employees in the approved
improuernei.t security 'shall ,rbi. 'ua , equired to.cover Vie provisions cf this
paragraph.
In the event that suit is brought upon this contract by City
to enforce the terms hereof, City shall be entitled to a reasonable sum as
attorney's fees.
IN WITNESS WHEREOF, City has caused this agreement to be
executed by having affixed thereto the signature of an authorized City
Representative and Developer has caused this agreement to be executed, as
duly authorized, the day and year first hereinabove written.
-5-
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss
ON THIS `1 DAY OF 1/_.2-2t.,.�, " , 19 S' BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBLIC JIN AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED C,!'
AND • KNOWN TO ME
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY
EXECUTED THE SAME. THE CITY OF NATIONAL CITY
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
)
BY (/'i
MY COMMISSION EXPIRES:
dIDPUBLIC IN SAND FOR
COUNTY AND STATE
Developer
ESTIMATED COMPLETION DATE:
TOM C. McCABE
CITY MANAGER
BY
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash:
Q
Form of: �o/T d Trust & Agency $
Amount: �d/ /23 oe
Receipt No.
2. Labor and Material for Improvement Agreement.
Form of:
Amount:
Jr
/4 /17 -°
Cash:
Trust & Agency $
Receipt No.
-6-
LAND DEVELOPMENT AT 30TH ST. & "F" AVE.
ENGINEER'S PRELIMINARY COST ESTIMATE
(FOR PERFORMANCE BOND ONLY)
T.P.M. LS-6-84
GRADING PLAN
ON -SITE WORK
ITEM OF WORK UNIT UNIT COST TOTAL UNITS TOTAL COST
EMBANKMENT (IMPORT) C.Y. $ 7.50 1285 $ 9,638
4" P.V.C. STORM DRAIN L.F. 11.00 204 2,244
P.C.C. PIPE ENTRANCE EA. 50.00 3 150
3" UNDER SW DRAIN EA. 150.00 1 150
3" UNDER SW DRAIN W/C.O. EA. 200.00 3 600
RETAINING WALL TYPE "B" S.F. 10.00 269 2,690
A.C. BERM L.F. 7.00 234 1,638
REMOVE EXISTING GARAGE L.S 250
ITEM OF WORK
EXCAVATION
P.C.C. SIDEWALK
PREPARED BY:
S.
DAN S. BIGG
ESTIMATED TOTAL: $ 17,360
GRADING PLAN
OFF -SITE WORK
UNIT UNIT COST TOTAL UNITS TOTAL COST
C.Y. $ 4.00
S.F. 2.70
10
1090
$ 40
2,943
ESTIMATED TOTAL: $ 2,983
GRAND TOTAL: $ 20,343
Il -1-7 -ire?.
R.C.E. 26112
FXH1.817 "19'
Sheef /o(2
ITEM OF WORK
IMPROVEMENT OF "F" AVENUE
ENGINEER'S PRELIMINARY COST ESTIMATE
(FOR PERFORMANCE BOND ONLY)
T.P.M. LS-6-84
UNIT UNIT COST NO. OF UNITS TOTAL COST
EXCAVATION C.Y. $ 4.00 45 $ 180
PAVEMENT S.F. 1.96 780 1,529
3° A.C. ON 8° BASE
A.C. OVERLAY S.F. 0.50 2,790 1,395
REMOVE & REPLACE CURB L.F. 14.50 9 131
6" TYPE "G" CURB L.F. 10.00 126 1,260
P.C.C. SIDEWALK S.F. 2.70 1,030 2,781
PEDESTRIAN RAMP EA. 500.00 1 500
GUARD POST EA. 175.00 1 175
PREPARED BY:
DAN S. BIGGS
1t-2?-?ck
. 26112
$7,951
ET/1/BIT uQdi
.% eef 2 o/2
Bond No. SMR 7314806
SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT
Whereas, the City Council of the City of National City, State of California, and
a General
CIMAHO ASSOCIATES, Partnership (hereinafter designated as "principal") have en-
tered intp..an ec-eement.wberrhy principal.agreec to 4ns*.all and complete c^rtain J
designated public improvements, which said agreement dated f•0? q , 19ir:,
and identified as project Land Development at 30th St. & F Ave.
National City, California
4s 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 National City 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 suretj, are held
firmly bound unto the City of National City, and all contractors, subcontractors,
laborers, material -men and other persons employed in the performance of the afore-
said agreement and referred to in the aforesaid Code of Civil Procedure in the
sum of Fourteen Thousand One Hundred Forty-seven dollars (5 14,147 ),
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 at-
torney's fees, incurred by county (or city) in successfully enforcing such obliga-
tion, to be awarded and fixed by the court, and to be taxed as costs and to be in-
cluded in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the be-
nefit 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 an remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, altera-
tion or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner effect its obligations on this bond, and it does here-
by 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 8 , 1985 .
CIMAHO ASSOCIATES, A General Partnership FIREMAN'S FUND INSURANCE CO.
Principal Stkrety
1
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County or ..San Diego. _
On this __ eighth_._ ., day of February .. in the year 1985 _ , before me, a Notary Public in and for said
San Diego ..... _.. _.. _. County. State of California, re.iding therein. duly commissioned and sworn. personally
appeared ... James H . Wright ht _ _.. 0 personally known to me. N proved to me on the basis of satisfactory evidence
.—_._._..... .. _. _ _ _...._.. ._
to be the person whose name is subscribed to this instrument as the attorney in fact of Fireman's Fund Insurance Co.
and acknowledged to me that N he 0 she subscribed the name of .....F z.r.eman' S. Fund Insurance Co.
surety, and g his 0 her own name as attorney in fact.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
SS.
WWWAVAIANSWIANAWAPIAMI
OFFICIAL SEAL
NORALEA PENNY 5.
HOMY PJBLIC•CV.IF0;'Ni3
Notary Public
thereto as
Prr7C1?All2FT. f, Ifty l�R1R115111NrrlfljfiRS
�•... .. , y sA'. :ail.,: ��L ,
)a0041—..a3 ti '' I1, C;—.—•:'. ' Erp P::y 2?.:55:, .•
S- _ +' YhrLlfr'RbSY�a'st'1iiSbbb{
4XH/B/T "C "
Pe.//o/'2
GENERAL
ATTORNEY .. FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE. PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY. a Corporation duly organized and existing under the
laws of the State of California, and having its principal office in the City and County of San Francisco. in said State. has made. constituted and appointed.
and -does by these presents make, constitute and appoint
JAMES H. WRIGHT
its true and lawful Attornevts)-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. recogntzances or other written obligations in the nature thereof
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(+) -in -Fact may do in the premises
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full
force and effect.
"Article VIII. Appointment and Authorrrs 4ssistant secretaries. and 4trarnes-rn-fact and Agents to accept (.real Proms+ and Stale 4ppraran es.
Section 30. Appointment. The Chairman of the Board of Directors. the President, any Vice -President or any other person auihon[ud by the Board of
Directors. the Chairman of the Board of Directors, the President or any Vice•Presidenr. may. from time to time. appoint Resident Assistant Secretaries
and Attorness•in.Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31. Authont% The Authority of such Resident Assistant Secretaries. Anornesson-Fact. and Agents shall he as prescribed in the instrument
esidencing their appointment, and any such appointment and all authorits granted thereby may be resikcd at any time bs the Board of Direstorn or hs
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREM AN'S
FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966. and said Resolution has not been amended or
repealed
"RESOLVED, that the signature of any Vice -President Assistant Secretary. and Resident Assistant Scctctary of this Corporation. and the seal of this
Corporation may he affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. hs
facsimile, and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall he
valid and binding upon the Corporation
IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to he signed by its Vice -President.
and its corporate seal to be hereunto affixed this 6th day of
By
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
On this 6th day of August 19 84 before meper.nnall'cans+. Richard Williams
to me known. who. being by me duly sworn. did depose and say that he is 1' ice. President n1 FIRL\IAN'S I LND INSL RANCE COMP ANS . the (or.
potation described in and which executed the abose instrument. that he knows the seal of said Corporation; that the seal atfised to the said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said( orporatton and that he signed his name thereto hs like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed ins official seal. the day and scar herein tiro chose %%mien.
August
19 84
FIREMAN'S FUND INSURANCE. COMPANY
Stkia,N
c„c Pres.acni
waoanstontmuttana
OFFICIAL SEAL
SUSIE K. GILBERT
NOTARY PUNK - CALIFORNIA
Of1l & (DIRT` OF SAN FILUICISCo
My Commission Exp.res Nor. I7 19ga
■neuungtmni•11 oauaalaaaanaan.e/ mesim
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
CERTIFICATE
♦inn. Wni„
1, the undersigned, Resident Assistant Secretary of FIREMAN'S FLND INSURANCE CO\IPAN1. a CALIFORNIA Corporation. DO HEREBI
CERTIFY that the foregoing and attached POWER Of ATTORNEY remains in lull force and has not been resoi.ed. and furthermore that Artiste V111.
Stetsons 31) and 31 of the By-laws of the Corporation, aaei the Rewluison of the Board of Directors, set forth m the Porn of Attornes. are now in
force
Signed and sealed at the City and County of San Francisco. Dated the 8th das of
38o711-FF -5-81
February 19 85
Residem x.sisiani Scaets-s
Bond No. SMR 7314806
SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT
Whereas, the City Co,ul,cil off the City of National City, State of California, and
CIMAHO ASSOCIATES. P�e;P`hip (hereinafter designated as "principal") have en
terea into an agreement whereby principal agrees to install an complete certain
designated public improvements, which said agreement, dated fE f' , 1997r,
and identified as project Land Development at 30th St. & F ve
National City, California
is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish
a surety for the faithful performance of said agreement.
Now, therefore, we, the principal and the undersigned as sur, 7, ale held and
firmly bound unto the City of National City hereinafter called "City", in the pe-
nal sum of Fourteen Thousand One Hundred Forty-sevendoliars ($ 14,147 ),
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, administrators, 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 alteration thereof made
as therein provided, on nis or their part, to be kept and performed at the tire
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, its officers,
agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be an remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount spe-
cified therefor, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in successfully enforcing
such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alte-
ration or addition to the terms of the 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 tiem alteration or addition to the terms of the agreement or to the
work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and
surety above named, on February 8 , 19 85
CIMAHO ASSOCIATES, A General Partnership
Principal
FIREMAN'S FUND INSURANCE CO.
/
�'G — ' By:
E OF CLIFORNIA) C:52% - '/ �:',/* JAMES'' RIGHT, A, rney-infact
(
COUNTY OF SAN DIEGO) ss
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
Iss
County of San Diego. _._ ....
On On this eighth dayof February
.............
San Diego
appeared ._..James..H...Wright_
, m the year 1985 , before me. a Notary Public in and for said
... County. State of California, residing therein, duly commissioned and sworn, personally
❑ personally known to me, n proved to me on the bask of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of.. Fireman' s ..Fund.. Insurance Co.... _._......_._...__.__.._
and acknowledged to me that [RJ he ❑ she subscribed the name of Fireman.!.s_.FundInsurance Co......._..........._ .._.__...._._........_......_.....thereto as
surety. and pg his ❑ her own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
a,owa—,Al,
avviNvi
5N65'ii.
3 1SAL
.� "` NOT:'‘,.( tUC•C.LW:nilA u
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T\' _�.�;.>' My C)-c:::.c^ Exp. iA. 22. i93S
AiSWINVIA Ni ONVEN° IA FA1
P 1
NORM EA PENNY Notary Public
,EXf1/Bi
Pori 2 0l' 2
.:ENERAL
PCV'5R OF
ATTORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY. a Corporation duly organized and existing under the
laws of the State of California. and having its principal office in the City and County of San Francisco. in said State. has made. constituted and appointed.
and does by these presents make. constitute and appoint
JAMES H. WRIGHT
its true and lawful Attorncytsl-in-Fan. 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
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorneylsl-in-Fact may do in the premises
This power of attorney is granted pursuant to Article VIII. Section 10 and !I of By-laws of FIREMAN S FUND INSURANCE COMPANY now in full
force and effect.
—Article VIII. Appointment and Aurhoriry Assistant secretaries. and .4 uornei .in -Fact and Agents to accept L eea/ Process and Make •tppearan. es.
Section 30, Appointment. The Chairman of the Board of Directors. the President. any Vice•President or any thee person authowed bs the Board of
Directors, the Chairman of the Board of Directors. the President or any Vice-Presidenr. may. from time to time, appoint Resident Assistant Secretaries
and attorneys-in•Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section !I. Authors. The Authority of such Resident Assistant Secretaries. Attorneys -tin -Fact. and Agents shall be as prescriheJ in the instrument
esidencing their appointment. and any surfs appointment and all authority granted thereby may be re%iked at any time bs the Board of Directors or bs
ans person empowered to make such appointment
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S
FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 19hh. and said Resolution has not been amended or
repealed:
"RESOLVED. that the signature of ans Vice -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney on any revocation of airs power of attorney. or on any certificate relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall he
valid and binding upon the Corporation
IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to he signed by its Vice -President.
and its corporate seal to be hereunto of filed this
•
STATE OF CALIFORNIA.
CITY ANDCOI'NT3' OF SAN FRANCISCO
6th
das of
M.
August
Bs
19 84
FIREMAN'S FUND INSURANCE COMPANY
&•fzik
\1.c P,e•�,knr
On this 6th day of August 19 84 , before mcpersonallscame Richard Williams
to me known, who, being bs me duly sworn, did depose and sas that he is Vice -President of I'IRL\I AN'S I L ND INSt. k A\CL ('OMIP ANI . the C'or.
poraoon described in and which executed the abose instrument; that he knows the seal of said Corporation: that the seal affised to the said instrument
is such corporate seal; that it was so of fired by order of the Board of Directors tit said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affised my (ltftctal seal. the das and sear herein first ahosc ssritten.
Nsnuusmum wnnnmmm
OFFICIAL SEAL
SUSIE K. GILBERT
NOTARY PUBLIC - CALIFORNIA
CITY it COVNTY O SAN fRANCISCO
My Commission Expires Nov 17 19B4
inaaamuuufwu a
STATE OF CALIFORNIA.
SS.
CITY AND COUNTY OF SAN FRANCLSCO
CERTIFICATE
S,•ta. Puna.
I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMP AN). a CAI IFORNIA Corporation. DO HEREBI
CERTIFY that the foregoing and attached POWER OF .ATTORNLI remains in lull forceand has not been resoled; and furthermore that .Article VIII.
Sections 30 and 31 of the By-laws of the Corporatwn, and the iYesuluuon of the Board of 1)nenors, set frm% in the Power of Attorney, arc now in
force.
Signed and sealed at the City and County of San Francisco. Dated the 8th das of February 19 85
ft• \lskni A\.rstani Saari-•s
a0r tt-FF-5-8,
FIREMAN'S FUND
DISURAMLE C0MM=
SURETY BOND Premium $
INCREASE OR DECREASE PENALTY RIDER
Description ofBond SURETY TO SECURE FAITHFUL PERFORMANCE OF I1PROVEMENT
AGREE.`IENT
Bond No SMR 731 48 06
Know all men by these present that we
CIMAIIO ASSOCIATES J A GENERAL PARTNERSHIP Principal,
and FIRENIAN'S FUND INSURANCE COMPANY Surety.
rnfavorof CITY OF NATIONAL CITY Obligee.
do hereby. Jointly and severally, change the penal amount of this bond from FOURTEEN THOUSAND ONE HITNDRFD FORTY-SFV FN ANT)
NO/ 100--- -dollars (S 14 147.00 ) to
THIRTY-ONE THOUSAND ONE HUNDRED TWENTY-THREE AND NO/100 dollars($ 31,123.00 )
effective from the 8TH day of FEBRUARY 19 85
The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said
Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such
liability exceed the larger of the above mentioned sums.
Signed and sealed this _13TII day of FEBRUAI 19 85
ACCEPTED.
The above is hereby agreed to and accepted CAIIO ASSOCIATES , A GENERAL PARTNEASIIIP—
PPINCIPAL
By
OBLIGEE
Attest:
360717.4.78
TITLE
TITLE
By:
F
B
JAME . WRIGLT
ATTORNEY IN FACT