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HomeMy WebLinkAbout4.14 Accept Final Map Amador Oaks s a CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: August 14, 1989 SUBJECT: Acceptance of Final Map, Tract 5872 Village V - "Amador Oaks" (JL Construction) Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution Accepting Final Map 2) Tract Developer Contract 3) Performance Bond and Labor and Materials Bond 4) Location Map RECO?L`fENDATION: Adopt Resolution Accepting Final Map for Tract 5872 and authorizing Mayor to execute agreement. FINANCIAL STATEMENT: None at this time. Staff's time for processing and inspection is being paid for by the developers. DESCRIPTION: The Master Tract Final Map and Improvement Plans for the Villages at Alamo Creek (Tract 5511) were approved by the City Council in September of 1986. Tract 5872, Village V "Amador Oaks, " is a 204-unit apartment/ condominium development located at the north end of the Villages at Willow Creek, at the intersection of Dougherty Road and Fall Creek Road. The developer of the project is JL Construction. This subdivision is a one-lot Tract subdivided for condominium purposes. All of the utility, storm drain, and emergency vehicle access easements are indicated on the plan and offered for dedication. There are no public streets within this Tract. Fall Creek Road, which provides the access to the development, was dedicated as a public street by Rafanelli and Nahas as part of Parcel Map 5353. Staff has reviewed the Final Map and Improvement Plans for Village V and found them to be in accordance with the Tentative Map for Tract 5511. The developer has submitted the proper bonds and insurance certification. Staff recommends that the City Council adopt the Resolution Accepting the Final Map for Tract 5872 and authorizing the Mayor to execute the Tract Developer Agreement. ---------------------------------------------------------------------------- ITEM NO. COPIES TO: Rafanelli & Nahas JL Construction RESOLUTION NO. -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- ACCEPTANCE OF FINAL MAP TRACT NO. 5872 WHEREAS, the Final Map of Tract No. 5872 in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted and amended by the City of Dublin; and WHEREAS, the Developer, Amador Oaks Partners, has executed and filed with the City of Dublin contracts to improve Tract No. 5872 in accordance with the Final Map of said Tract No. 5872, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by a bond in the amount of $463,035 which, by its terms, is made to inure to the City of Dublin conditioned upon the performance of said contracts; and WHEREAS, said Contract is secured by a bond in the amount of $231,517 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said contracts. NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby approved; BE IT FURTHER RESOLVED that the Final Map of Tract No. 5872 be and the same is hereby approved; and that those strips of land designated as "Public Service Easement" or "P.S.E. , " "Storm Drain Easement" or "S.D.E. ," and "Emergency Vehicle Access Easement" or "E.V.A.E. ," as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted; and that the Clerk of this City Council be and is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED, AND ADOPTED this 14th day of August, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk Imp � . ems:; '�y :�.,.Vx� _....�....�...�..�,.� CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this day of 1989, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Amador Oaks Partners, a California Limited Partnership, hereinafter referred to as "DEVELOPER". W I T N E S S E T H WHEREAS, it ' has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 5872 in accordance with the requirements and conditions set forth within the City of Dublin City Council Resolution No. 32-86 adopted on March 24, 1986; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the Public Works Director/City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. Developer will commence the work required by this Agreement within thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not later than three hundred sixty- five (365) days following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any authorized modifications. 2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company duly and legally licensed to conduct a general surety business in the State of California. Each bond shall become a part of this Agreement. a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $463,035. b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned upon payment. of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond shall comply with the laws of the State of California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California (commencing with Section 3082) . Said bond shall be in the penal sum of $231,517. -1- E41 i 3. Insurance Required. Concurrently with the execution of this Agreement, A Developer shall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover i any claims arising from employment not covered by worker's compensation laws. i b. Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. C. Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and. property damage coverage; ;coverage shall include owned, non- owned, and hired vehicles, and each and every policy must contain a cross liability of severability of interests clause. d. Other Requirements. All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 4. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. S. Inspection of the Work. Developer shall guarantee free access to City through its Public Works Director/City Engineer and his designated representative for the safe and convenience inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and/or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. a -2- 7. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order ' Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties -shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings. located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall accept the work and notify Developer or his designated agents of such acceptance. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify City from, any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process of publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and -3- consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify the City of Dublin, the City Council, the City Engineer and/or any officer, agent or employee of the City, and save them harmless in every way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Mayor ATTEST: City Clerk DEVELOPER Amador Oaks Partners, a California Limited Par ners By -4- r 'OND :DUMBER: SUP, 10 63 64 P°.EMIU,1: y9,761.00 %l 1;3 if vv <S IIIPROlIE14EIlT BOND (FAITHFUL PERFORMANCE) WHEREAS, the City of Dublin, State of California, and A,MADOR OAKS PARTNERS hereinafter designated as Principal, have entered into an Agreement whereby-Principal agrees to install and complete certain designated improvements, which said Agreement dated and identified as Improvement Agreement for TRACT -;5872 , 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 GOLDEN EAGLE INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of Dublin in the penal sum of FOUR HUNDRED SIXP-' TREE THOUSAND THIRTY FIVE: AND N0;100 -------------- Dollars ($ 463,035.00 ) 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 bounden Principal, his or its heirs, executors, ad.mini strators, 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 his or their part, to be kept and performed at the time and in the manner 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, shall indemnify and save harmless the City of Dublin, 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 fact amount specified therefore, 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 included in any judgement rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the work to be performed thereunder, or the specifications accompanying same, shall in any way, affect its obligations on this bond, and it does hereby waive any notice of such change, extension of time, alteration or addition to the terms of the Agrement 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 this 5th day of JULY 1989 . PRINCIPAL SURETY A2IADOR OAKS PARTNERS / GOLDEN EAGLE INSURANCE CO. :tip l o ERRY GAGE ATTORNEY-IN—FACT 7175 NAVAJO ROAD SAN DIEGO, CA. 92119 PARTNERSHIP ACKNOWLEDGMENT - — --- NO.203 State of C ALIFORNI A On this the 7 day of JULY 1989 cs before me, County of SAN DTFCo PENNY EICHE a j the undersigned Notary Public,personally appeared JAMES L. FRANKLIN 'CX personally known to me OFFICIAL SAL E , _ proved to me on the basis of satisfactory evidence PENNY EICHE to be the person(s)who executed the within instrument on behalf of the NOTARY PUBLIC-CAUFCn\I a partnership,a.�d ackno%vledg o e that the partnership executed it. 1 ' SAN DIEGO COUYN 1 P P MY Comm. Wires JAN igy; ;� WITNESS my nd and offi lal seal - l z NotaIS alure 7th t_2 r1� -,—•- ••-• � - �� NATIONAL NOTARY A-SCCL4TION•. ^'2 � '3012 Ventura Blvd.•P.O.Box 4625•NhVand Ni1LY,CA 91:04 I GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY K\UW ALL MEN 91 THESE PRESENTS, 'Ihat the Golden Eagle Insurance Canpany, a Corporation duly organic and existing under the lays of the .State of California, having its principal office in the City of San Diego, California does hereby naninate, constitute and appoint: —> ']EFRY C 16 of San Diego, California <— its tn:e and lz.4ful agent and atton-tel-in-fact, to male, execute, seal and deliver for and on its bralf as surety, bonds, consents of surety, and undertakings in suretyship for an unlimited amount. This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Pesolution adopted by the Board of Directors of the Golden Eagle Insurance Canpany at a meeting duly called and held on April 10, 1984 %hick said Resolution has not been amended or rescinded and of vinich the following is a true, full and a nplete 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 recvle the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorne}s-In-Fact may be given full power to e);ecute 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 arN such bonds or undertakings e�ecuted by any such Attorney-In-Fact shall be binding upon the Conuary as if signed by the President and sealed and attested by the Secretary." IN 'wIT?;ESS AIiERECF, the said Golden Eagle Insurance Conpany has caused these presents to be e)ecuted by its officer, with its corporate seal affixed. this August 19, 1988 GOM EAaE IRIPANCE STATE CF CALIMRNIA COLIY OF SAN DIEGO � Y ' By: ae1 E. Jam President Qn this 10th clay of May, 1987, before the subscriber, a Notary blic of the SW of California, in and for the County of San Diego, duly canmissioned and qualified, care Michael E. Janes, President, of GOLDEN EAGLE INSLRk10E CDiPAtNY, to ire personally krnc am to be the irdividnal and officer described in and who executed the preceding instruent and he aclmowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Canpany aforesaid, and that the seal affi:,,Bd to the preceding instr•urent is the Corporate Seal of the said Canpany, and that the said Corporate Seal and his signature as such officer were duly a.ffL\i-d and subscribed to the said instrument by the authority and direction of the said Corporation. IN N'ITNLTM AI£RHJF, I lTd%e hereunto set my hand and affi.4-d my Official Seal, at the City of San Diego, the day and Near first above written. c«:c:a�s=.x� STATE OF CALIR�FNLA SS: !m ` sL� � ' �`/ COL" OF SAN DIEGO _ `�i=R O::.GO C61,FNT;Y Notary Public '• !iY %CAM. EXP. CCT. 1,1950 I the undersigned, Larry G. Mabee, Secretor-• of the Golden Eagle Insurance Canpany, do hereby certify that the origirnl FOKR CF ATTORNEY, of Hfnich the foregoing is a full, true and correct copy, is in full force and effect, aid hrrs not been revoked. IN IQTND� A'HLRECF, I have hereunto subscribed my nave as Secretary, anj affix i Corporate �1 of the Corpvration, this 5th d-,w of JULY 1989 i LAFf:Y G. r"ME Secretary l ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 5th DAY OF JULY 1929 BEFORE ME PERSONALLY APPEARED TERRY G�.GE , KNOWN TO ME TO BE((3Rh VZDcT. A:El {'P THE ATTOP.NEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TOME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. 30ND NU:4BER: SUP. 10 63 61 p t.•.E:4IU14: INCLUDED t � IMPROVEMENT BOND (LABOR P111D MATERIALS) WHEREAS, The City of Dublin, State of California, and P-M.LDOR OAKS PARTNERS hereinafter designated as Principal, have entered into an Agreement whereby Principal agrees to install and complete certain designated improvement, which said Agreement dated , and identified as Improvement Agreement for l`a CT 15872 is hereby referred to and made a part thereof; 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 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 fir:ily bound unto the City of Dublin, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of T?�0 it1TDRED THIRTY 0\= THOtSA\� =IVE Ht��RED SEVENTEEN AND \0/100 DOLLARS ($ 231,517.00 ) lawful money of the United States, 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, and that said Surety will pay the same in an amount not exceeding the amount hereabove 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 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 judgement therein rendered. It is 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 3052) 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. i I Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the 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 THEREOF, this instrument has been duly executed by the Principal and Surety above named, on this 5th day of JULY , 1989. PRINCIPAL SURETY AMADOR OAKS PARTNERS GOLDEN EAGLE INSURANCE COMPANY l • Il � � TERRY GAGE ... rAT✓rOP1?ZY-,1N—FACT l� ? 7175 NAVAJO ROAD SAN DIEGO, CA. 92119 PARTNERSHIP ACKNOWLEDGMENT No.2M State of CA IL FORN I A On this the 7 day of JULY 17-�-9,before me, SS. Countyof SAN DIEGO PENNY EICHE the undersigned Notary Public,personally appeared - 'l JAMES L. FRNAKLIN , .i Xk personally known to me OFFICIAL SEAL G proved to me on the basis of satisfactory evidence PENNY EICHE u to be the person(s)who executed the within instrument on behalf of the �Z� �; NOTARY PUBLIC- C�LIF0��1� y,�l S>N DIEGO C04NTY partnership,a acknowledg a that the partnership executed it. My Comm. ex JA`t 1`-43 WITNESS rtiy h nd and offic al seal: G � , Nota ature ` T30 1'2 NATIONAL NOTARY ASSCRt�TtON•23012 Yentwe BNd,•P.O.Box X625•Nh'�:tand M�15,CA 3t�t GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY KivOW ALL ?01 91 THESE PRESENTS, 'That the Golden Eagle Insurance Canpanry, a Corporation duly organized and existing under the lays of the State of California, having its principal office in the City of San Diego, California doses hereby nanirate, constitute and appoint: —> TEF7Y Grr< of San Diego, California <— its true and le.4t l agent and attorney-in-fact, to mom, execute, seal and deli%er for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship for an unlimited amount. 'This poor of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Fesolution adopted by the Board of Directors of the Golden Eagle Insurance Canpany at a meeting duly called and held on April 10, 19PA which said Fesolution has not been amended or rescinded and of ;,hich the following is a true, full and canplete 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 rem%e such Attorneys-In-Fact and rewke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-In-Fact may be given full power to e>aarte for and in the name of and on behalf of the Company any and all bones aril undertakings as the business of the Co any such bones or undertake �� may require, and undertakings e�cuted by any such Attorney-In-Fact shall be binding upon the Company as if sign by the President and sealed and attested by the Secretary." IN W'I=, WHEHCF, the said Golden Eagle Insurance Compary has caused these presents to be executed by its officer, with its corporate seal affixed. this August 19, 1988 STATE CF CALIRfRNIA SS: CC(ANN OF SAN DIEGO By: ael E. Jan President On this 10th day of May, 1987, before the subscriber, a Notary blic of the S of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE I\SLRAN✓E CUIPAvNY, to me personally krmn to be the individual and officer described in and vino executed the preceding instrvnent and he aclanowledged the execution of the same, and being by mr duly sworn, deposeth is the said officer of the Canpany aforesaid, and that the seal affiled to the preceding iinst�ment tisttte Corporate Seal of the said Company, and that the said Corporate Seal and his s ture as such officer were duly affLmed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITAISS WIEFH)F, I hraw hereunto set my hind and affixed my Official Seal, at the City of San Diego, the day and }ear first above written. STATE CE CAI,IPRNLA a " LS AL Ca,VIY OF SAN DIEGO j r SU'.�` �c LLER � 1� /�Li 'L :.NOT:.Sr �'O. UY CCM. EXP. CCi. 1,1990 Notary Public I the undersigned. Larry G. Mabee, Secretary of the Golden Eagle Insurance Cdgany, do hereby certify that the original FOWa CG ATTORNEY, of Htnich the foregoing is a full, true and correct copy,. is in full force and effect, and has not Lin revd:ed. r) ]N WITNRSS I�i�ECF, I have hereunto subscribed my nave as Secretary, ani add\ i Corpxnrate Seal of the Corporation, this 5th day of JLn:T 1989 LAFW G. rWIIE Secretary ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 5th DAY OF JULY 1989 BEFORE ME PERSONALLY APPEARED TERRY GAGE , KNOWN TO ME TO BE THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TOME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. My txo Aug-11. WCA r10 3 MAP t4O SSCALE- CAMP PARKS ROAD R•(.•a.od Aw.ia••+° c"a++. 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