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90-036 James Macniven (Fresh Western Food, Inc.) (Croutons); Improvement Agreement, APN #369-01-001; Resolution No. 8267 AGREEMENT 10100 DE ANZA BLVD. APN # 369-01-001 This AGREEMENT madeccU-- and entered into this a l day PPe of ok , 1990, by and between the CITY OF • CUPERrINO, a municipal corporation of the State of- / fo� California, hereinafter designated as CITY, and 1RViC,. ' i-Nt li Priv\vS hereinafter designated as DEVELOPER. WITNESSETH . WHEREAS, the DEVELOPER has made application to the CITY for a Building Permit to construct and maintain a Commercial Building hereinafter referred to as "Project." WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by NELSEN ENGINEERING a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; arra • WHEREAS, the same are incorporated herein by reference, the same as though set out in full; • NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." • File: 51,912 • WHEREAS, pursuant to the provisions of this AGREEKDIT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful- Performance Bond: THIRTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO/100 $35,300.00 PART B. Labor and Material Bond: • THIRTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO/100 $35,300.00 PART C. Checking and Inspection Fee: off-site 2,118 on-site 2,700 FOUR THOUSAND EIGHT HUNDRED EIGHTEEN DOLALRS AND NO/100 $ 4,818.00 PART D. Indirect City Expenses: SEVEN HUNDRED TWENTY THREE DOLLARS AND NO/100 $ 723.00 PARE E. Development Maintenance Deposit: FIVE HUNDRED DOLLARS AND NO/100 $ 500.00 PART F. Storm Drainage Fee: SIX HUNDRED SIXTY DOLLARS AND NO/100 $ 660.00 PART G. One Year Power Cost: • THIRTY SIX DOLLARS AND NO/100 $ 36.00 G-)3) PART H. Street Trees: By Developer PART I. Map Checking Fee: N/A PART J. Park Fee: • N/A PAT K. Water Main Extension Deposit: N/A PART L. Maps and/or Improvement Plans:- As Specified in Item #23 NOW, THEREFORE, IT IS HEREBY MUTUALIM AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION • 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 encumbrances except those which the CITY shall waive in writing. The DEVELOPER 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 AGREEMENT 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 company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a• title company any ani insuring the CITY in the sum of: N/A, and which shall that said property free and clear of all liens or encunnbrances except 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 condition precedent that the DEVELOPER shall perform each and every covenant arra condition of this AGREOMMCD, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to ccamplete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPERS surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino.. ,The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, , ala grades approved by the City Engineer. The Work shall be done in accordance with all •State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. • . . a • C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State ' or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever 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 and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions.. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CLTY by obtaining an excavation permit from the City Engineer before the commencement 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 commence. • 4'. QUTPCIABQ DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground 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. BONDS AND.tthiER SEQmRITY A. Upon' the. execution of this AGREF3gNP,- the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, .the value of any land agreed to be dedicated, and any improvements to be made under' this AGREEMENT. In the event that hnprovenents are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bowl in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California .and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail' faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMBIT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. • A • • • • B. In lieu of a"surety bond, the DEVELOPER may elect to secure this ACRE ENP by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (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 bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants aid conditions of this ACRE VENT, 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 bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City CO uracil. E. No interest shall be paid on any security deposited with the CITY. 6. CFIIECIW G AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses 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 AGREEN4ENP, 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 sum due and owing as a result thereof. 7. INDIRECT EXPENSES • It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHECKING FEE • • It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and • field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CPPV, the amount as set forth herein at Page 2 (Part I) . 9. DEVELOPMENT MAINTENANCE DEPOSIT' It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper 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 cdnplete the required repairs to • the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the its established in Resolution 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 comply with "Policy on Water Main Extensions Work and Deposits" 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 shown herein at Part K,' Page 2, shall be the full annint due. 12. ONE YEAR PODUER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, 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 INS ALL TION 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 conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. 14. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication ' Ordinanoe" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. • • 14-A. PARK _EADJUSP.C2FP PROVISIONS • The value of the lard used in establishing the "Park Fee" outlined herein on Page 2, Part J, requires formal confirmation. The CITY • shall employ a qualified local appraiser-to provide a market value of the lard. The City will calculate the "Park Fee" based on the appraisal . The Developer agrepo to pay for any deficiency'within thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. M HINT ThNa OF FORK • It is further agreed that the DEVELOP shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the • City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the. City of Cupertino, and to the entire satisfaction of said GREY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANITARY DISTRICT It. is further agreed that the DEVELOPER shall file with C.PTY, upon execution of this ACRmnC, a letter from the Cucertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the .said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful perfonaance of • the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with, the provisions as set forth in • Paragraph 15 abovehas been filed. 17. GOVE NKENT CODE • It is further agreed that DEVELOPER shall . file with CPTY, upon execution of this AGREE:MIT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government rrdn, pertaining to special assessments or bonds, have been complied with. 18. CENTRAL nut! DISTRICT • It is further agreed that the DEVELOPER she» file with the CITY, upon execution of this AGREEMENT, a letter from the CentOa]. Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an ACREEKENT 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 and five (5) year rental fee of said hydrants. 19. PACIFIC GAS AND EEC IC/PACLETC pvrr, • It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC FFrs, Company any and all fees required for installation i ation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for • undergrcurdi rg as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or PALLISC HEIL Company that said fees are due and payable. 7 • • •saToTTod SYHV 113TM aoumps000m uT 1L-V ssag11 jo mnmTuTm m eq Timis s2uT3ms T[N •s2uTxms sFays 30 ;oosd apTnosd Heys saTssmo aoumsnsuT ani •Aiuo eoueansuT ssaoxa eq TTegs eoueansuF amigo ;egg 'SOToTTod ao AoTTod PTEs Aq pan= se0T egg ;simple eouvansuT amigo SAW 'Aianpoenoo pum ATTmnpTATpuT 'AIIO egg ;o seedoTdute pie 'squebe 'saeoT;;o of; Pum . 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County of ..5A&Ti4- C6 ,24 On this/1day of £GTOd3EI2- in the year /994 before me, */L WC • 1Snifft-GL a Notary Public in and for the said State, residing therein, duly commissioned and sworn, personally appeared SPAS i'hAlt AbVeit/ -e-io-a' ' -e• t _e(proved to me on the basis of satisfactory evidence) to be the personf}dwhose nam•':.gp . sub- scribed to the within instrument, and acknowledged to me tha he ,Jthoy) executed it. In Witness Whereof, I have here- unto set my hand and affixed my official seal, in and for said County and State, the day and year in this Certificate first above written. d.,,.. . . ,\. -. • ..,,.N. >...,. .• ,. OFFICIAL SEAL i e; 4•410111; MICHAEL W. CUTSHALL J � T�. NOTARY PUBLIC•CALIFORNIA ! �e!�/iI%'�`W�' w• C,/1�W/G/� ' '�'' SANTA CLARA COUNTY My commission expires May 17,1991 NOTARY PUBLIC IN AND FOR SAID STATE OF CALIFORNIA My Commission Expires /z( /7j /99/ • • • IN WI'INESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the • City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to formd ai// v itta Mayor V C Attorney 2 - r City Clerk //-7—pe • DEVELOPER: • Notary Ac3anadedgmerut Requuired I .e �/y�. 'rn�p �/sa pip _ -•' A6fN:U• ���o'TIFICAt� ®F INSURANSE q' ISSUE DATE IMM/DD/YY) 10-11-90LH PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JAMES,E. MCGOVERN, INC CONFERS NO RIGHTS,UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1625 .EL CMCGOVAMINO REAL POLICIESSNOT BAMEEN, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ELOW. BELMONT, CA 94002 COMPANIES AFFORDING COVERAGE (415)593-8216 COMPANY LETTER A MARYLAND CASUALTY INSURANCE COMPANY n� � //�� LETTER Y B INSURED It21D IC '.L'fI%S RAINBOW DESIGNS LTD. , INC COMPANY C LETTER OCT 1 2 1990 P 0 BOX 620230 - WOODSIDE, CA 94062 COMPANY D LETTER COMPANY E LETTER 'COVERAGES x' "35: z �'' s°�x. ..�. ' ,ra'r> t a:.-+. .. —.,< ,,.. .,,:.-`w-.,: .+3 :t-: �a Ka, , 4f{' THIS-IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MWDD/YY) DATE(MWDD/YY) GENERAL LIABILITY - GENERAL AGGREGATE $ 1,000,000. A X COMMERCIAL GENERAL LIABILITY EPA 08378276 1-31-90 1-31-91 PRODUCTS-COMP/OP AGG. $ 500,000. CLAIMS MADE X OCCUR. PERSONAL 8 ADV.INJURY $ 500,000. X OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 FIRE DAMAGE(Any one fire) $ 50,000. MED.EXPENSE(Any one person) $ 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO N/A LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM N/A AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS N/A - EACH ACCIDENT $ -AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER ADDITIONAL INSURED: CITY OF CUPERTINO, MEMBERS QF THE CITYICOUNCIL OF THE CITY OF CUPERTINO, INDIVIDUALLY & COLLECTIVELY, & TIHE OFFICERS, AGENTS, EMPLOYEES OF THE CITY INDIVIDUALLY & COLLECICIVELY, BUT SOLELY AS (RESPECTS L ABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED FOR THESE PROJECTS. SUCH INSURANCE AS IS PROVIDED BY ENDORSEMENT WITH DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE ADDITIONAL INSURED NAMED IN THE SCHEDULE IS PRIMARY. OTHER INSURANCE AFFORDED TO THE ADDITIONAL INSURED SHALL APPLY AS EXCESS OF & NOT—CONTRIBUTE WITH THE INSURANCE AFFORDED BY ENDORSEMENT. ALL CALIFORNIA OPERATIONS `CERTIFICATEHOL'DERan " at A.14 ' •, s CANCEEL'ATIONA. `":.e, - ; - "MPS 5riri ; „t+ ?,, ,F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED.BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KKR {X CITY OF CUPERTINO ' MAIL 40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LAVENIA MILLER ,± LEFT, eunintxxfflummomolmaquileamaix 10300 TORRE AVENUE •n rf.•= •i••va:f I 's It- 'I:• •r2?9"•'V ?1Y uno Y CUPERTINO, CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25-S ^' ': ; " j '•,3 ©ACORD COFIBOR%ATI Nr,7990 51.912 STATE OF CALIFORNIA SS. County of San Mateo 0n this 3rd day of .4P.r}ll , in the year nineteen hundred 'Merles 1991 . A. D. , before me . .Ar�Sn; M. .haWSvn personally appeared W. Ott , known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of Ametfran .Star .T.nevrance•Company. . , and acknowledged to me that he subscribed the name of . Fresh. Western .F.00ds sine. thereto as principal and his own name as attorney in fact. IIN WITNESS WHEREOF, I have hereunto set ' OFFICIAL SEAL my hand and affixed my official seal in said ` .� ARLENE M. LAWSON I County the day and year in thi certificate ', Notary APEO-COUNTY '-r SANMATEOCOUNTY above written � ��U 3. My Comm.Exp.Dec.9,1994 ����� B 5052"""' - '' --� Notary Pub is in and for the County of San Mateo State of California My Commission expires 12/9/94 BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) Bond No. AB 21360 KNOW ALL MEN BY THESE PRESENTS: That We, Fresh Western Foods, Inc. as Principal , and American Star Insurance Comfl as Surety, are held and firmly bound unto the City of Cupertino no/100^ ** , STATE OF CALIFORNIA, in the sum of Nineteen thousand four hundred fifteen and Dollars (19,415 ) . lawful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Cupertino pursuant to the authority of the Sub- division Map Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of and whereas this bond is required by said City in connection with the execution of said agree- ment;. WHEREAS the Principal is requested to guarantee the costs of repair or re- placement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Cupertino NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City of Cupertino replace and repair any and all defective materials or defective workmanship with said improvements, then the above obligation to be void, otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable ex- , penses and fees, including reasonable attorney's fees, incurred by City of Cupertino successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 11 The surety hereby stipulates and agrees that no change, extension of time, alteration or additional to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any- wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the grin- ' cipal and surety above named, on April 3, 1991 Freqh Western , Foods, Inc. Amarican Star Tnenranrn ra„ a3 Principal Surety• 0 -19 Attorney-In-Fact ' Charles W. Ott AMERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California, does hereby nominate,constitute and appoint: Charles W. Ott of: Menlo Park, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. . This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 Which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. AMERICAN STAR INSURANCE COMPANY wtiCR ..0,. B �1(�rtaoti�✓, /Alecc: E�AIli '�= y President moi..'•. flat osc•. STATE OF CALIFORNIA COUNTY OF'SAN FRANCISCO " " On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco,duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in, and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. } 42L01 Francis oC L L ^�-I 1ROSE MARIE CARROLL �m1,t/T/�_(• i'9S NOTARY PUBLIC—CALIFORNIA �.+M0 San Francisco County One my Commission Expires Jan.1,1710 Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 3rd day of Apr; 19 91 • _//� 62. aClz 'n+ aeupRr�rn= Secretary : €KA*i s