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91-027 Taco Bell Corporation 91-027 TACO BELL CORPORATION 1 ± 533735 CITY OF CUPERTINO i0300 TORRE AVENUE a r CUPERTINO, CA 95014 _ AGREEMENT FOR ENVIROW(ENTAL INDENNIFICATION STATE OF CALIFORNIA D COUNTY OF SANTA CLARA THIS ArT is entered by and between SHELL OIL COMPANY, hereinafter referred to as "Shell", and the CITY OF CUPERTINO, CALIFORNIA, hereinafter referred to as "City". WHEREAS, A. Shell, as predecessor tenant to Taco Bell Corporation at that certain real property located at 10710 South De Anza Boulevard, Cupertino, California, hereinafter referred to as the "Premises", has previously entered into an Environmental Cleanup Agreement with Taco Bell whereby Shell agreed to investigate, remedy and cleanup any contamination of the Premises by petroleum or petroleum-related products caused by Shell or Shell's agents; and B. Said cleanup has been proceeding on the Premises and a remediation and monitoring system has been installed; and C. Concurrently with the installation of such system, Taco Bell has constructed a restaurant on the Premises and has begun operation thereof under the terms of Conditional Use Permit No. 5-U-90, issued by the City; and D. Taco Bell has informed Shell that, as Condition 22 of said permit, the City requires an agreement holding the City harmless against any liabilities associated with the conduct of the environmental remediation activities being conducted by Shell on the Premises; and E. This agreement will satisfy the requirements of Condition 22 of Conditional Use Permit No. 5-U-90; NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerations, including Shell's and Taco Bell's previous agreements with each other: 1. Shell agrees to indemnify and hold the City of Cupertino, California, and its elected officials, employees, agents, successors and assigns, harmless from any claim, judgment, demand, suit, loss, liability, cost or expense, of whatever nature, arising out of or relating to any contamination of the Premises caused by Shell or Shell's agents, or arising out of or in connection with the cleanup or monitoring activities conducted on the Premises by Shell or Shell's agents or contractors. DF222501-101 sk h ..r 2. This agreement shall not apply to any claim, judgment, demand, suit, loss, liability, cost or expense, of whatever nature, arising . out of or resulting from the fault or nerillgaaace of the City of g Cupertino, its employees, agents, contractors, successors and assigns, or third parties. 3. This indemnity and hold harmless agreement shall automatically terminate upon (a) Shell's providing to the City of Cupertino written notification from the applicable governing agency that no further remedial worts is required on the Premises, and upon removal from the Premises of all equipment utilized by Shell or its contractors in remedial operations, or (b) any expiration without renewal, or revocation or nonrenewal by the City of Cupertino of Conditional Use Permit No. 5-U-90, issued to Taco Bell Corporation. 4. By entering into this agreement, or by conducting any remedial operations on the Premises, Shell is not admitting any responsibility for any contamination which may exist at the Premises. This agreement shall not be construed or interpreted as an admission or concession of liability, and shall not be admissible as ev:>dence for any purpose, except to enforce the terms of this agreement. SHELL OIL COMPANY THE CITY OF CUPERTINO Y: --� rI/ E'� By: VAn. r.a►a.� Date: 1992 Date: = j" 12 , 1992 E.®.ELLII;i MAN(AGER CORPORATE REAL EI TATS CORPORATE AFFAIRS APPROVED AS TO FORM: u GlSS/ IT ATTORNEY DF222501-2 STATE OF l }{ COUNTY OF IVa- T r tS }{ SS: 0 9 On this f/ day of V49 vsot , 1992, before me, the undersigned,_ a Notary 'Public in and for said State, pE > . F ally appeared en) p� ; .�.-ally known to me (or proved to me on the basis of satisfactory ev. : = a1a) to be t p n who executed the within instrument as Al "' ';, ems- _Co a Bea� 044- on behalf of Shell Oil Company, a Delawar& Corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant tc its by-laws or a resolution of its Board of Directors. Witness my hand and official sV�L/Vg) My commission expires: x �,�'••°, V L Q JONES Stela,d Text l..i Cr:curJcrlan E�ytr�s NOVEMB88 X 9NZ STATE OF CALIFORNIA }{ COUNTY OF SANTA CLARA } { SS: On this ,-Z day of , 1992, before me, the undersigned, a Notary Puiblic in and for said State, personally appeared r, be_A-t— personally known to me ) to the, per on who executed the within instrument as on behalf of The City of Cupertino the entity t era.1n med, d acknowledged to me that such entity executed the within instrument pursuant to a resolution of its City Council. Witness my hand and official seal. i My commission expires: - Notary Public 't( Doroth Y Murk Cornelius U� .._. NJI`A,2 i Yi';L1�.CALI;•;:-• 'IA (�J ' MY Commission Expiros Sc t.`�U^i'i `� 1a, 1992 DP222501-3 Citq of Cupertino 10300 Torre Avenue Cupertino,California 95014 P.O.Box 560 Telephone: (408) 252-4505 Cupertino,California 95015 DEPARTMENT Of THE CITY CLERK August 29, 1991 Taco Bell Corporation Attention: Ed Owen 1855 Vancouver Way Livermore, CA 94550 IMPROVEMENT AGREEMENT _ FRON'I'AAGE AT 10710 SOUTH DE ANZA BOUIEVARD Dear Mr. Owen: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Taco Bell Corporation, which has- been fully executed by City Officials, along with one (1) copy of Resolution No. 8469, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, August 19, 1991. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works R RESOUMON NO. 8469 A EUMMMON OF THE CITY CIOUNCIL OF THE CITY UHF CUPERTIM APPROVING FINAL PLAN FOR THE UY5qWVEMKNT OF FRWDM AT 10710 SOUM IIEANZA BOULEVARD, DEVELOPER, TAW HII1 OORPMATICN, At IZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AMID AUTHORIZING EXECUTION OF AGFMEKWr IN C M249 ON THEREWITH there has been presented to the City Council for approval of the final plan for the iarov®ment of street frontage at 10710 South DeAnza Boulevard by Taco Bell Corporation. and wxmms, there has been prated to tl?e City Council a proposed aft for the construction of streets, antis, cutters, sidewalks, and for other ir�rvvanents, and good and sufficient borx1s, fees and deposits as set forth in Exhibit W, having been presented for the faithful perfon ance of said work and the carrying out of. said agremient, and said plan, agree i ent, and bands having been ad by Attorney; fey; NOW, OWMPIORE, BE IT RESOLVED that said final plum for the innovtm ent of street frontage at 10710 South DeAnza Boulevard be the same is, herby,, approved; and the City Engineer is hereby authorized to sign said final plan; and iche Mayor and the City Clerk axe hereby authorized to mum to the agrement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meting of the City Council of the City of 04xrt:.im this 19th day of August , 1991, by the following vote: Vote fibers of the City Council AYES: Goldman, Rogers, Sorensen, Koppel NOES: None ABS Szabo ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius _ /s/ Barb Koppel City Clerk r'M►YM'► City of Cq3ertino RESOLUfION NO. 8469 EXHIBIT "A" SC1ZDULE OF BOND, FEES, AND DEPOSITS DEVELOPNERr: CQ44ERCIA]L TKm BELL OORPOLtATIOMI R IOCA CN: 10710 SOUTH DFd4M BOULEVARD A. Faithful Perfornaaoe Bored: $22,400.00 TWENTY TWO THUSAMID FUR HUNDFM AND 00/100 DOLLARS B. Labor and Material Bond: $22,400.00 TWENTY TW THOUSAND, FUR HUNDf= AND 00/100 DOLLAR.c C. Checking and Inspection Fee: OFF SITE-CNE THOUSAM THREE HUNDRED FORTY FOUR AMID 00/100 DOLLARS $ 1,344.00 ON SITE- THREE THOUSAW SIXTY FIVE AND 00/100 DOLLARS $ 3,065.00 D. Indirect City Expenses $ 202.00 TWO HUNDRED TWO AMID 00/100 DOUM E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AMID 00/100 DOLLARS F. Storm Drainage Fee: $ 842.00 EIGHT HUNDM FORTY IM AND 00/100 DOLLARS G. One Year Power Cost: N/A THIRTY SIX AND 00/100 DOLLARS H. Street Timms: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A R. W4atte-- Main Relubursement N/A L. Maps and/or Mgaov+e ant Plans: As specified in Item No. 23 of agr ment AGREEMENT 1071.0 DEANZA BOULEVARD APN d 369-37-16 this AaREEMM made and entered into this day of , 19 i , by and between the CITY OF l XPF.l=40, a mmicipal corporation of the State of California, hereinafter designated as CITY, and TACO BELL CORP. t e-minafter designated! as DEVEMPER. W - T N E S S E T H WHEREAS, the DEVELOPER has made application to the CI'r'Y for a BUILDING PERMIT to constrict and maintain a COMMERCIAL BUILDING hereinafter referred to as iOProject." WHETS, CYTY hereby approves the inprovement plans and specifications prepared for the Project by NELSON ENGINEERING a true copy of which inprovement plans and specifications are on file in the office of the City Engineer of 04ertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, TKMMFCM, said improve plans and shall be hervinalter called the "Plans," and the, work to be done urzlw the Plans shall be called the "Work." Pile: 51,269 .01 1 WHMEAS, pursuant to the provisions of this ATf, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCf== OF BONDS, FEES AND DUMIIS Street Improvement Category: PART- A. Faithful Performaavoe Band: TWENTY TWO THOUSAND FOUR HUNDRED DOLLARS AND NO1100 $22,400,,00 PART B. Labor and Material Bond: TWENTY TWO THOUSAND FOUR HUNDRED DOLLARS AND NO1100 $22,400.00 PAkT C. Checking and Inspection Fee: OFF SITE-ONE THOUSAND THHEE HUNDRED FORTY FOUR DOLLARS AND NO/100 $ 1,341.00 ON-SITE_THW.E THOUSAND SIXTY FIVE DOLLARS AND NO1100 $ 3,065.00 PART D. Indirect City Expenses: TWO HUNDRED TWO DOLLARS AND NO1100 $ 202.00 PART E. Development Maintenance Deposit: ONE THOUSAND DOLLARS AND NO1100 $ 1,000.00 PART F. Stop Drainage Fee: EIGHT HUNDRED FORTY TWO DOLLARS AND NO/100 $ 842.00 PART G. One Year Pawner Cost: PART H. Street 'frees: By Ceveloper PART I. Map Checking Fee: PART J. Park Fee: PART K. W ZABX Main Reimbursement N/A PART L. Maps and/or M qz vwant Plans: AS SPECIFIED i.N ITEM N 23 2 Now, THEREFaM, rr IS HEREBY NA7t'UUM ACED by and between the parties hereto as follows, M WIT: 1. DMIC A TIC K A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or er mbmxss except those which the CITY shall dive in writing. The DEVEIDPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGMEMM the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described 'in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the city: (1) A preliminary title report issued by a title insurance ccupany relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance ccapany and insuring the CITY in the stun of: N/A, and which shall show said property free and clear of all liens or enc mibrances exoept those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the ccndition precedent that the TEVELOPER shall perform each and every covenant and condition of this AC MUM, the CrrY agrees to accept said real property offered for dedication. 2. INSTNUATIC N OF WM7 It is further agreed that: A. The DEVeTDPER shall install and omplete the Work within one (1) year from the date of execution of this AST, or such longer period as may be specifically authori--ed in writing by the City Engineer. In the event the DEVELOPER fails or refuses to omplete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to coWlete the Work in whatever manner the CITY shall decide. In the event the CITY octgoletes the Work, the CITY may recover any and all costs incurred thereby fl-c m the MNE DPE R or the 13 IMOPER'S surety or both. B. The DEVMpE R shall install and CmVlete the Work in a good and workanlike manner in with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordLinwims and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and graders appMed by the City Engineer. The Work shaL1 be dote in aoeordance with all State and C= -y Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or warkwnship meets the standards=, specifications, plans, sizes, lines and grades as set forth. 3 C. It is fur�'ver agreed that the Work shall be done in a000rdanoe with the most current Staff Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordarce with the specifications of the Cupertino Sanitary District where applicable. %1herever the words "State11 or "California Division of highways" are mentioned in the State Specifications, it shall be considered as referring to the CMI of `up►..rtinc; also when+ er the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY amVOr the Cupertino Sanitary District, the specifications of the C=Y and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATIC K PERIIT It is further agreed that the aEVEIDP£R shall ooWly with Section Three of Ordinance No. 130 of the CITY by obtaining an eaaoavation permit .from the City Engineer before the a o oemerrt of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to ocamnanoe. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CTPY, shall quitclaim all his riots and interests in, and shall. grant to CITY authorization to extract water frm the under+gruvid strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. ECVDS AND aim s'E=ay A. Upon the execution of this ACC, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performanoe of this AMMMe. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREE ', the value of any land agreed to be dedicated, and improvements to be made under this AaRE�P. In the event that impravements are to be made under this AGPEDGM, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bawd in a penal sum adequate to assure full payment of all labor and materials required to oonstruct said iupr v ements. The am=t of said bonds shall be as designated by the City EtVIneer. Said bands shall be executed by a surety aamgawy audwrized to transact a suety business in the State of California and nest be waved by the City Attorney as to form and by the City Erqinew as to sufficiency. In the event that the � DEV MPER shall fail faithfully to perform the covwwft and conditions of this AEI', or to make any payment, or any dedication's of land, or any improvements herein required, the C=Y shall call on the surety to perform this AGF&MM or otherwise indemnify the CTTY for the MVEMPERIS failure to so do. 4 H. In lieu of a surety bowl, time DEVELOpm may elect to sure this Act by depositing with the CITY: I. Cash; or, 2. A cashier°s check, or a certified check payable to the order of the City of amino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Govern meet Code Section 66499 (b) o: (C) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bawd. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGf2EE C, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety board, cash deposit, check, or certificate of deposit, shall be marls exoept upon approval of the City Coil. E. No interest shall be paid an any security deposited with the CITY. 6. C HECKIM AND INSPECTrIC N FEE It is further agreed that LEVELOPER shall pay any and all necessary direct ekTenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGFUMMU, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional suns due and owing as a result th reof. 7. INDIREC r EXPENSES It is further agreed that WMDPER shall pay to CITY, prior to execution of this ACTT, indirect else allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHEMCD4G FEE It is r'tazthrer agreed t.'sat the DEVELOPER shall deposit with CITY, prior_ to execution Of this ArAMEMERr, for off too checking of final map and field checking of street mo ument.s, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth. herein at Page 2 (Part I) . 5 9. DEVELOR4 fT MAIElITEt+Z ICE DEPOSIT It is further agreed that the DEV OPFR shall pay to the CM, prior to execution of this AGRg:EMW, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure prq,3w dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the imp oveneent bond. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREF14ENP, a storm drainage charge in connection with the said in accordance with the requirements established in Ressolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 11. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to eymply with "Policy on water Main Extensions work and Deposits00 dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public works or improvements outlined within the adopted Water Master Plan. The amount shaan herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEKW, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 13. THE INSTAL.IA"TON OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the city Engineer, plant street trees in conform with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. PARK FEES It is rurther agreed that the DEVELOPER shall pay such fee:. and/or dedicate such land to the CITY, prior to execution, as is requirad within Section la-1.602 Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein. 6 Me value of the land Used in establishing the "Park Fee„ �.:i-.ed rerein on Page 2, Part J, rEgUire:S forMal oanfi-oration. Mne CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate thie "Park Fee" based on the appraisal. The Developer agrees to pay for any deficiercrwitlun thirty. (30) days and the City agrees to refund average within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. OF 'r.RK I t is further agreed that _~e M=F—cR shall maintain t`e Work u t�? al 1 deficiencies in the Work are corrected to ccnfora to the ?lays and �e Ci^1 s.-nda ds and speci.ficsti.c.^s for t`:e Work. Mie DEV=P—=R s!-all, upccn writz.-un notice thereof, immediately repair or replace, wit,.cut c."st or cbli at'_cn to the. City of Cam*,.:_no, ard to tlhe entire saris:acticn of said C'•'I'Y, all defects and ims�e-fecta cns arising cut of or due to fault' «crkmara.`ip and/or materials apcearinq in said Work. 2.6. _c_'NI'= DI=Cr It is f=--her agreed that the DE=-MER shall file with C="TY, uncn execution of this AC:�-�'�tT, a let.er f t`e CLzertino Sanitarl Dist id- s ati-x� t`:at the DVMZF_--R has entexed into a separate A N'r with the said to irk,a l 1 sanitary saa-ders to se--.re all lots within said P­oj ecr and stating t47at a bond to insure full and faithful perorrance of the ccns--=:c`..i on of t`'.re said sanitary suers and to i-s-ure maintenance of said sanitary sewer in conformance wit`a, the provisions as set forth in Paragrach 15 above has been filed. 17. G.7Vf.�Nr CODE It `..s furthP_r agreed that DEVF*.,.J�PER shall file with CM-, =on execat ion of this �, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Govetlment Code, pertaining to special assessments or bonds, have been complied with. 18. COAL FM DLSI'ftICT It is further agreed that the MVELOPER shall file with the CITY, upon execration of this AGPEEM r, a letter fr= the Central Fire Protection District of Santa Clara County, stating that the LEVEMPER has entered into an AGREFXM with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation ation and five (5) year rental fee of said hydrants. 19. PACIFIC = AND ==C,/FACYr"'IC MML It is further agreed that the DOPER shall pay to Pacific Gas and Electric CczqWW =Wcr to PACIFIC PUT. Crazy any and all fees required for installation of overhead arid/or WJXiM circuits to all electroliers Within said property and any and all fees required for undergrounding as provided in ord3tnw= No. 331 of CITY when MVEIGPFR is notified by either the City or the Pacific Gas and Electric downy and/or PAcmc SELL Company that said fees are due and payable. 7 2®. EASENWIS AND RIGHr--OF-MY It is further agreed that any easement and riot-of-Way nacessary for completion of the Project shall be acquired by the aMMOPER at his own oast and expense. It is provided, however, that in the event eminent do main proceedings are required by the cny for the purpose of sec=inq said easement and riot-of-array, that the DEyELOpER shall deposit with CITY a sum covering the reasonable market value of the lWW1 proposed to be taken and to be included in said sun shall be a reascnable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal, fees and costs, engineering, and other incideaital costs in such reasonable amoaurts as the CI'I°Y may require shall be deposited with the City of Cupertino. 21. HOM FOSS It is further agreed that, cmmembxg with the performance of the Work by the DEVELOPER or his oontractor and continuing until the coapletian of the maintenance of the Work, the DEVELOPER shall indenatify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, ooca icnad by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 22. INSURJVM It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of th-t) Work called for or required to be stone heramder, a policy of insurance naming the CITY and members of the City Council of the City of Gino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals coverin, all the Work performed by, for, or on behalf of said DEVELOI-..A. Roth bodily injury and property damage insurance must be can an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Oouncil individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-1" in accordance with ABAG policies. A. Each of said. policies of it-suranoe shall provide coverage in the following minimum amounts: for bodily injury, $100,000 each person; $300,000 each Occurrence, property damage, $50,000 on account of any one oocurrence with an aggregate limit of not less than $200,000. B. The D VEMPM shall file with the City Engineer Alt or prior to the time of execution of this AGREEMENT by the CtE'JEWPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each -moth policy or policies shall bear an endorsement precluding the cancellation or reduction in ooverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the polici-•�s of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 23. MAPS AND/C R IldTVVIIO?r PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the MV1ELOPM I S expense: A. A mylar sepia and seven (7) prints Of fully executed parcel map. B. A mylar sepia and ten (10) prints of fully executed insprovement plans. C. A direct duplicating silver negative microfilm aperature caret of all executed inprovemertt plans and map. The MWEMPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map rid under Item 23. 24. SUS This AGREEMENT shall bind the hairs, administrators, eX8cxtors, successor, assignee and transferees of the 1g.UE WPER. The assigrment of this AEI' shall not be made without aRzmal by the City Oauncil of the City of 04xrtino. 9 IN WITNESS MER113F, COY has caused its name to be hexer affixed by its Mayor and City Clerk, thereurito duly authorized y elution of the City Coil and said GPM has herw t',o caused his name to be affixed the clay and year first above written. CITY of Approved as to fora: Mayor City Attorney 4C, cl PER: A STATE OF CALIFORNIA COUNTY OF... .............. On this....... `:.1,..r ...day of..........:"i.:.s.(.4' ............in the year of 41.1 before me,the undersigned, a Notary Publicn and for said State, personally appeared : 1t-:`::.::�:` ..---.... ;personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the oFFtC a entity upon behalf of which the person(s).acted, executed the instrument. ANN FORD &WAVPUM-CAtgC M WITNESS my hand and official seal, .> 50WTEOCVJW UPC mm.frosesDec.3,194.1 i. . .`. Notary Public to and for said Mate. t Thb doeurrrant b only a general form which may be proper for use in simple transactions and in no way acts,or is infend8d to act.as a substitute fw.he advice of an attomey.The pnnier does not make any warranty,aittrar O*mss or impftd.as to ffro legal vatdiy of any provision of the suaabtilty of these fomta in any specific transaction. ! Cowdery's Form No.10G---ACKNOWLEDGMENT—All Purpose—(1191) 10 CITY OF CUPERTINO INTERDEPARTMENTAL Date August 20, 1991 To CITY CLERK From PUBLIC WORKS--Sumi ❑ Information MESSAGE:— TACO BELL PROJECT (CC 8/19/91 ❑ Implement 10710 S. DE ANZA ❑ Investigate ` ❑ Discuss 1. Three sets of sexeement for processing ❑ See me 2 One copy each faithful performance bond and labor and material bond. ❑ Reply The Aetna Casualty and Surety Company Bond No. 83 S 100605626 - 339 BCA 3. Certificate of Insurance, 6/1/91 Insured: S & J Enterprises, Inc. Reply: sm attach. Taco Bell Corp _ Attention: Ed Owen --- — a Livermore, A 94550 SIGNED: DATE Forward part 1 Retain part 2 t F` C:E- t 1 )-I r i. -7 _. I - ll.. _c tiler.'; tWl r:i', f..;(1�1 �, �i ;til'y 'il-I.i t ,.(tl'�lF. f-FY ?l'I. Ui, c.iJ(lC;a:[ L` ti i lt }1 ).s_�A)A _r ." i..i ill..�}' K,'t',f t��i.1?'i , !',iti. .li"i'.:sUi :�•�.l_.�: :'tt t�`�i ':i:'�:} i:. f�ir�-- .:c..i li_ , � ':':E.=>i..�t iS:�c?ca . Plt^+'� .. ii't 1`. _-i11�• ! i:CC t.Cj �.Ei i..il;' T.r.'i ?Ila, c'--__ it.!''� 1 ;.!?;"_•o z,i:w _:�?it,:!1t.iC?ti ' [, ).!1)1 i_ � -•i tvl-dl1 �11,;' ,ten .�c' �'c�'i i r.�:.'„ �,i ,.;'r F_ i C i;f _ ' ....ti:'-- . '11_ F +-i i;.('i i�.i�-i i_ � •ty l.:. i �_ i T a � , ,(:J`'f ?"i� :',;;fa � :3i �_ .C.'rj(•; Ij.)k�• i. �t�I .:t111i:;, j•)l. CI ? - , i, .i Own ,..t-�..I .. �'r L. � � t. l�l�;-t,�!';�i'�i.:�. � :� A .lJV+7 1 l ?`1E r n t.r.� J EXPIE.f; $ 5 - ` t ) (r� —A i f KC (. ;i:; i l- ; T r - - - _ C �'j t -�cj,:� [Al I (�i,i-(�.., � ,..)i,q ,..j4 l rat �Hlti'- � .�= �'.•(_� ,_.��_�.I, `iC_.., .. �? h-�11 t i1F tD I `.., w'ER F;t"_F't)i-_T ] i1 U t i T �F THE CITY r::ac ? �.ti> .::c�'t C� df:� u'• � i ac71't_..,••'1r,r ;it ) v?'t'.,;'><t"-:i,l:. .l�w,, -/���:i�c_l t Lr.7r=� THE CITY & MEMBERS OF THE CITY COUNCI_, Y OF CUPERTINO INDIVIDUALLY & COLLECTIVELY & THE OFFICER AGENTS & EMPLOYEES OF THE CITY INDIVIDUALLY & COLLECTIVELY. CERT.TFICATE �-101-DEFt _ _ __ _ __, _ o-�fVi El_i.r+'I .TC�N : Iicu1.SJ any i:7f Lhe. above desci ibed pc)Iicies be c.aricelled befw e Lhe expiration date CITY OF t-.UI�Flf i' IMF=' herI.of the, 1-31-uil,19 compamy, w,.Ii endeavc:r- to 10300 Of � � �„ ) � 'F'�- h ;,E�p�t-.);; ; iYi�r<z J 'C; �����:=� wr a. t.t.et-i n:��t a c.:e #,-.�;1 t tteti c�,i t if irate CUF'E'R �IiIG,, t:i=, fi<�1�� i� i� rmi=,r� k,r3 th tf fL, �:iuf. f li. l e tr; ina3,l ,/AT`lJq CAR11FH t YN 'J(-iH sic !, 1, c;t-> c ex tta l I i ri c) Et ?tcl r,i) i i r7; t 1 Qn of a i ate il .i ! ty ;Kk)tI� lieu. Csrtr(�.1f)'t I tI tie,' , C7! F-pS _ _- - �-F`atIi !iClr�J E(' EZE:C'I i `. L1aT,'11 IVt:. - t POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --=- OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE LOCATION OF COVERED OPERATION Name of Person or Organization; 10710 DE ANZA BLVD. THE CITY AND .MEMBERS OF THE CITY COUNCIL CUPERTINO, CA 95014 , OF THE CITY OF CUPERTINO INDIVIDUALLY AND COLLECTIVELY AND THE OFFICER, AGENTS AND EMPLOYEES OF THE CITY INDIVIDUALLY AND COLLECTIVELY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright. Insurance Services Office, Inc.. 1984 C State of California, ) v ) County of__ Los Angeles ) On this_ IOth. day of July , in the year 1991 , before me Notary of Public personally appeared Esperanza P. Sanchez personally known to me (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 THE kTNA CASUALTY AND SURETY COMPANY,, and acknowledge to me that he (she) subscribed the name of TFE kTNA CASUALTY AND SURETY COMPANY thereto as surety, and his (her) own name as Attorney-in-Fact. WWW My Commissio AMONMEN 2=Am I&a SEALwe"&&q _ Notary Public in and for said County * 5-400 � f STATE OF CALIFORNIA COUNTY OF.... ............ On this.... day of....... .': :................In the year of 19... , ` before me, the undersigned, a Notary Public in and for said State, personally appeared .- .1.. ........_'_ , personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person($), or the OFFICIAL SEAL entity upon behalf of which the persons) acted, executed the instrument. ANN FORD NOTAP PUBLIC•CW.tf MMA WITNESS m hand and official seal. SPN AMT£o COUNTY Y .„ My Comm Wires iare 3.1993 .......................................................................................... Notary Public in and for said State. S This document is only a general form which may be proper for use in simple transactions and in no way acts,or is intended to act,as a substitute for the advice of an attorney.The printer does not make any warranty,either express or implied,as to the legal validity of any provision or the suitability of these torms in any specific transaction. K Cowdery'a Form No. IQG—ACKNOWLEDGMENT—All Purpose—(1/91) CITY OF CUPERTINO BOND FOP LABOR AND MATERIAL (Subdivisions) 83 S 100605626 - 339 BCA KNOWN ALL MEN BY THESE PRESENTS; Premium: Included That we, TACO BELL CORP. (Address) 17901 Von Karman, Irvine. CA. 92714-'21 as principal, and THE AETNA CASUALTY AND SLTgETY COMPANY as surety, are held firmly bound unto all persons as hereinafter provided in the sum Of TWENTY TWO THOUSAND FOUR HUNDRED AND NO1100 DOLLARS ($ 22,400.00 ) lawful money of the United States, for which payment will and truly be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that in consideration for the acceptance of the Record Map of Tract No. for recordation in accord with the provisions of the Subdivision Map Act Business and Professions Code, State of California, the ordinances of the CITY OF CUPERTINO as amended as of the date hereof, said Principal, as Subdivider, has agreed to do and perform all improvements and acts, including payment for all materials, equipment and labor, required by the written Undertaking Agreement of said Subdivider dated i st. day of July , 19 91 . NOW, THEREFORE, if said Principal fails to pay the contractor or his subcontractors, or fails to pay persons renting equipment or furnishing labor or materials to the contractor or subcontractors for the performance of said contract, including any materials, provisions or other supplies of teams, equipment, implements, trucks, machinery or power used in, upon or for any work or labor done thereon of any kind, said surety will pay the same in an amount not exceeding the sum set forth above, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond. shall insure to the benefit of any and all persons, companies and corporations entitled to file claims against said tract of land under and by virtue of the laws of the State of California. WITNESS our hands this 1Oth. day of T„ty , 19`_ . TACO BELL, CORP. rincipal Principal THE AETNA CASUALTY AND SURETY COMPANY Surety , NOTE: ALL SIGNATURES MUST BE By4sipera �(� ACKNOWLEDGED BEFORE A F P. Sa chez, Attorney-4 Fact NOTARY PUB:,IC. r • E THE dA Co BCD SU ut oE6TY GCOMPANY LIFE 6 CASUALri POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE AETNA CASUALTY AND SURETY COMFANY,a corporation duly organized under the laws of the State of Connecticut.and having its principal office in the Citv of Hartford.County of Hartford.State of Connecticut Natty mods.constituted and appointed.ar•d doss by these presents met&constitute and 4P"' John C. Focht, Eugene T. Zondlo, Robert Knoke, Julia A. Click, Paul E. Boucher, Jr., W. G. Bailey, Alvin Kim, Elizabeth J. Bottemi.iler, Kathleen A. Robinson, Paul Ackerman, Dana Sierra, Aurora Flores, Esperanza P. Sanchez or Ionia B. Oulce - - of Glendale, California ,its true and lawful Attorneyls)in-Fact.with futlpower and aiMarrry hereby conferrec to sign, execute and acknowledge.at any pace within the United States,or,if the following fins be filled in,within the area there desig- nated ,the following instrument(s): by his/her sole signature and act.any and ail bonds.reoognrtences,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance.or conditional undertaking,and any and all consents incidents thereto and to bind THE AETNA CASUALTY AND SURETY COMPANY,therapy as fully and to the same extent as H the same were signed by the duly authorized officers of THE AETNA CASUALTY AND SURETY COMPANY,and all the acts of said Attomey(si-in-Fact,pursuant to the authority herei n given,are hsreby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairmi President.Any Executive Vice President Any Senior Victr President.Any V ice President,Any Assietant Vice President,Any Secratery,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents.Resident Assistant Secretaries.Attorneys-in-Fact.and Agents to act for and on behalf of the Company and may give any such appointee such authority as h is certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond,recognizance,contract J indemnity,or writing obligatory in the nature of a bond,roeognizence,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the Chairman,the Vice Chairman,the President,an Executive Vice President,a Senior Vice Presidem a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident vice President,and duly attested andseelef with the Cam parry's seat by a Secretary or Assistant Secretary or by a Resident Assistam Secretary,pursuant to the power prescribed in the certificate of authority of much Resident Assistant Secretary:or(b)duly executed lunder seal,if required)by one or more Attomeys•in-Fekd pursuant to the power prescribed in his or their certificate or cortiEcates of authority. This Power of Attorney and Certificate of Authority is signed and seated by facsimile under and by authority of the following Standing Resolution voted by the Board of Oirectors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman,Vice Chairman,President Any Executive Vice President,Any Senior Vice President,Any Vice President Any Assistant Vice President.Any Secretary.Any Assistant Secretary,and the seal of the Company maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writingsob:igatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such Power,so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior Vice President and its corporate seal to be hereto affixed this 29th day of May , 19 90 _• r ; THE /ETILIA CASUALTY AND JRET/ COMPANY f 1 ....m...... By � State of Hanford Connecticut ) aph . Klerna County of } ss.Hanford enlor Vice President )) On this 29th day of Noy , 19 90 ,before me personalty came JOSEPH P. KIERNAN to me known,who,being by me duly swum,did depose and say:that he/she is Senior Vice President of THE AETNA CASUALTYANO SURETY COMPANY,the corporation described in and which executed the above instrument:that he/she knows the sear of said corporation:that Me seal affixed to the said instrument is such corporate seat:and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. '••�?on. � mission expires March 31. Notary Public CERTIFICATE Rosalind R. Christie I,the undersigned, Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut.DO HEREBY CERTIFY that the foregoing and attached Power of Attomuy and Certificate of Authority remains in full force and has not been revoked:and furthermore,that the Standing Resolutions of the Boai d of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office ri the Company.in the City of Hartford.State o ConnecticuL Dated this t n t h• day of July 19 co t ev o W. Welch IS-1972-F11M19189 S tary MINTEDkN U S A BOND V A= M LIFE&CASUALTY THE )ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06156 State of California, ) LOS ANGELES ) • County of , ) On this 1ST ,dayy of DULY , in ine year 1991 , before me Notary of Public personally appeared MA A. QUIROZ , personally known to me (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 THE kTNA CASUALTY AND SURETY COMPANY, and acknowledge to me that he (she) subscribed the name of THE kTNA CASUALTY AND SURETY COMPANY thereto as surety, and his (her) own name as Attorney-in-Fact. In YX Ka aWGEL[SC0 rrry �- W L' rEt se :.is,1992Notary Public Wand for said County B-400 STATE OF CALIFORNIA COUNTY OF.... �j:..:..... On this.... .......day of...... ':.�.. ..............in the year of 19rj 1 , before me, the undersigned, a Notary Pubic in and for said State, personally appeared :.4. >...:'. ' ':.... -.:.-:-:-.-.-:... —., personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the o SEAI. entity upon behalf of which the person(s) acted, executed the instrument. lie F40TAPRet1Cf�RtJ FO" WITNESS my hand and official seal. M I VAT(A C01�11t W Cow f aof i D t 3,1993 .......................... .......................................................... Notary Public in and for said State. This document is only a general form which may be proper for use in simple transactions and in no way acts,or is intended to act,as a substitute tot the advice of an attorney.The printer does not make any warranty either express or implied,as to the legal validity of any provision or the suitability of these forms in ary specific transaction, Cowdery's Form No.10G—ACKNOWLEDGMENT—All Purpose—1 1,191) s THE IETNA CASUALTY AND SURETY COMPANY • Hartford, Connecticut 06115 UR& T Premium: S224.00 BOND FOR FAITHFUL PERFORMANCE (SUBDIVISION) BOND NO. 83 S 100605626-339 BCA KNOW ALL MEN BY THESE PRESENTS: That we, TACO BELL CORP. (address) 17901 VON KARMMA,_N. IRVINE, CA 92714-6212 as Principal, and THE AETNA CASUALTY AND SURETY COMPANY, as Surety, are held and firmly bound unto CITY OF CUPERTINO in the penal sum of TWENTY TWO THOUSAND FOUR HUNDRED AND NO/100 - DOLLARS, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said principal has entered into an Agreement with the OBLIGEE pursuant to the authority of the Ordinances of the OBLIGEE and any amendments thereto, for the construction of subdivision improvements at CUPERTINO CA TACO BELL #06-403 in accordance with an agreement dated and is required by said Obligee to give this bond in connection wit the execution of said agreement: NOW, THEREFORE, if the said Principal. shall well and truly do and perform all of the covenants and obligations of said contract on his part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full fcrce and effect. WITNESS our hands this 1st day of JULY 1991. All signatures must TACO BELL CORP. be witnessed by a (Principal) Notary By: THE AETNA CASUALTY AND -SURETY COMPANY BY: [�L RIA A. QUIROZ (Attorney-in-Fact) .!9.1000•81 9.70 PRINTED IN V.9.A' e THE k-rNA CASUALTY AND SURETY!COMPA1VY + , e Hartford Z,lnnecticut J6T 7 5 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN•FACT [NOW ALLMINBYT)4ESE PRESENTS.-1UtT TME.ETNA CASUAL`/.ANDS - __w COMPANY scorawwanouivorgantaaOunowtne+awsaftre ;taco of GTrhtiscoatl and having its pnncom offfra m tno C.ry oar-artfora, b of na,^spro.State of cannecticut,math msoo,constitutes pro aovotnna and dons av these presents mane,ctlnsuruts ens ass<•nt J. A. Cr awf, rd, Maria Quiroz or J. f. Lopez - - of Los Angeles, California .,ts trueand lswtW Amotnsyui•,n-ittR.wxm tut:sower ano aumo,^neredv conterreu 'o ugn,yeCyto and acAinowtesgo,at shy piece w,mm the United Sates.W.if the following fine bo filled in,w.tn,n trio area'nere leugnatsc trio !oilowirig inawmantla: by nitJhe sets signature antl sct.s iv and all bonds,reccgndsiuw connects of iidemntnv.and other writings ow4gatory in ins nature of a nano. !ecoori"itu ,ar comatiow unoonaetng,and am and an co nson®mccom thereui not exceeding the sum of ONE HUNDRED THOUSAND (S100,000.00) DOLLARS - AM to bind THE AETNA,CASUALTY AND SURETY COMPANY,Mteeb*as"and to one same intom as if the some were wgnso ov ins auiv auakwuwafflceaof THE AT14ACASUALTYANDSURETY COMPANY.ended theecolaf ARomgyo},nFsa pursuant toinstotnortNhero.,- amen.am hatpY ratified and ears rmo4. This soommmorn is moor,uhdos we try suchonry of cos tosnowing Standing Resolunons of sad Company which Restitutions are now in tuil torte and rife=: VOTED:Ttaa each of the fWotringof cents.ChNrman,ViceClutimtan.Proudis t.ArtyExasuavoVimPrwitlontAnyStintorVicePrseddent.Anyvice President.Any AgMM m Vim Pns ra n Arty SoiMMV Any Aanaam Sdcruwv may from am to It"apaant Random Vice Presidents,Asmatint Assistant Socrammas,AnotmovMn'Fact.amAesms to so foram an bilnalf edtbeCotripany and may grva any such appointee sucn authdnty as nts :anoints of aitihoIM cot*prescribe to sign with the Company's name and a"wan the Camper it s tea bonds,recogniaances.contracts or ;mwe utV.and achorwintings obbgatcry in the handsets bad.tfmpnlcance,or conatdonal undateariG.shown,or sad officers or the aoaro o i OUtti3aa may at any bma remove arty such appointee she revolts the pewee and&Anon*gnrot him. VOTED:Thu airy bond.ruccortuance,cantosofitdsmo rv,orientingobbgatOyinthenadaroofabond.recognuance.orconditionalundartaaing snail bo valid and binafrng upon tits Caniossw onion is)signed by the Ctsimion.me Vice CYatrmon,me Proudent.an Exetxuve Vice Prswaent,a Senior Vic*Prooidem,a Vice Praodand,an AsslaPan Vice President or lay a Resident Vim Prosidem,pursuant to the power prescribed in coo cemficata of autnott*of Mach Random VlcePetlokmm and duly tanned and sacred witn meCampamr a asp by a Seuatary of Assistant Savatan• or Ova RshpdantAtatwmSscratary,Wninarmro the obtain,prescribed in tnecardltceeaf autnehty ot&ch Resui m Assistant Secretary:or d bi duty exe uma iundor sea,if re9uiroW by tents at ttwaa.aSmmeyaimFaS puraurd to the pow-prosmbad in tits at their camBeato of certificates of autnonty. This Pews►of Attains*and CedEnn of AutAbiry is signed add WOW bV fsatntrls under and bV CutlwritV of iris following Standing Resolution voted sty me Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY wiffso Re",toors it now in full form and effect: VOTED: That the signauro of each of one fbtiaw ng offlem:Chaimnis.Vim Chairman.Prod om;Any Exewove Vim PrmdeM,Anir Senior Vice Preidan.Any Vim Proodedt.ARV Atttitam VksProodWM Any,Ss®stsry.Arty Aaaistem SacretarV.and the a"of the Cornpsnv may be affixed Dv tarrimile to any power of andirney or to airy tordficas retwi ng ths- -stapointbtg Random Vim Presidents,Resident Assistant Secretaries of amomaVS-in•Feel torpurpoaorruy of fistmoripand OMMUM oodswW urdatshirngoand orhevmmngsoWigatory in the nature tnefeol,and any sucn power of attorney of nra the bearino Mach facmndo notion"of facsimile asp snaa be valid and binding upon coo Camoony and any=wen Power so executed aid comfied by such facamde sign cure and facsimile owl snail be valid and binding upon the Company in the future wtin respect to a"bona at uncerta"to which it is anaehoM tN WITNESS WHEREOF.THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to as signed by its Assistant Wife President and its o"Menta ssa to the hereto affixed this 7th day o November 19 89 :,�... i ;. THe AWNA CASUALTY 4NNW SURETY COMPAnv Stets of Conuheaictnt J 16kebb Kiernan Caunry of Hartford sa„artford ASSiSCAnt Ttce President On this 7th day of November .19 89 termx me pnraonaly cams JOSEPH P. KIERNAN to me mown.who,being cry ms duly sworn,did depose and say:Chet helms is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the mrmindion dsacibad in and which executed we above instrument,that narsne thaws me seal of sad corporation:thatpe soul affixed to ma Spa instrument tasucn corporate seal:and that He ishe enecuted the sap instrument on benalf of the corporation fry&mohry of hWha offlm under the Standing Reeautiorta thereof. t. ',�`^...,�!; - aaV conviti exWnaa Caen fit,Is 9 i Tom. spry Puotic CERTIFICATE George A. Perry. Jr. 1,Me underxign ed. Secretary of THE AETNA CASUALTY AND SURETY COMPANY,A stock corporation of ins Stato of Connaakut,00 HEREBY CERTIFY that the foregoing cad&UUMW Prayer of Ard►ne*and Certificate of Aumaity remains in full force and has rot D*M rayokod:and furfltamore.that the Standino Resosuhiohe of stir fTearO of Dim:10 .so act fad m the Cartill me of Aumonry,are now in totes• Signed tnd Sallied at the flame Office of Me Company,in tie Cry of Hanford,Suits / cut.Dazed this 5 day of ,: :t 9v ohs W. Welch. Secretary ISnsa1-fl Ina�•T9 PRINTED dN u.S.A.