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83-028 DCE, Inc., Improvement Agreement, Tract No. 6936, Resolution No. 6131 AGREEMENT This AGREEMENT, made and entered into this 5thday of July , 1983, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter design- ated as CITY, and DCE, INC. , hereinafter designated as DEVELOPER. WITNESSETH WHEREAS said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated Tract 6936 Cupertino California, hereinafter designated as the "Tract; " and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, said DEVELOPER desires to construct dwellings on the lots in said "Tract; " and WHEREAS, CITY hereby approves the improvement plans and spec- ifications prepared for the Tract by Jennings, McDermott and Heiss, Inc. ; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and 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. " • PAGE 1 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amount of bond, fees and deposit as set forth in the following schedule. SCHEDULE OF BONDS, FEES AND DEPOSITS Part A. Faithful Performance Bond: Twenty-Eight Thousand and no/100 Dollars $ 28, 000 . 00 Part B . Labor and Material Bond: Twenty-Eight Thousand and no/100 Dollars $ 28, 000 . 00 Part C. Checking and Inspection Fee: One Thousand One Hundred Twenty and no/100 Dollars $ 1, 120 . 00 Part D. Indirect City Expenses : One Hundred Sixty-Eight and no/100 Dollars $ 168 . 00 Part E. Map Filing Fee: Fifty and no/100 Dollars $ 50 . 00 Part F. Development Maintenance Deposit: • Three Hundred Ten and no/100 Dollars • $ 310 . 00 Part G. Storm Drainage Fee : One Thousand One Hundred Eighty-Four Dollars $ 1, 184. 00 Part H. One Year Power Cost: Thirty-Six Dollars $ 36 . 00 Part I. Street Trees : By Developer Part J. Park Fees : Zone A-2 Twelve Thousand Ninety-Six and no/100 Dollars $ 12, 096. 00 Part K. Water Main Extension Deposit was paid by the construction of a water main extension . NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the ' parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It, is agreed that in consideration of the approval of said map and the acceptance on behalf of the public of the courts, drives and roads offered for dedication, (a) The DEVELOPER shall install and complete the Work within one ( 1) year from the date of execution of the 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 complete the Work within the specified period of time, the CITY, at its sole op- tion, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the work, the CITY PAGE 2 • •may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' S 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 performed under the in- spection and with the approval of the City Engineer. The Work shall be done in accordance with existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, spec- ification, plans, sizes, lines and grades as set forth. (c) It is further agreed that the Work shall be done in ac- cordance 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 Department of Transportation" 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 refetring to the City Engineer. In case of conflict between the State Specifications and the specifications of the City of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cu- pertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions . 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of City of Cupertino by obtaining an ex- cavation 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. 3 . QUITCLAIM DEED - UNDERGROUND- WATER RIGHTS It is further agreed that DEVELOPER shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said Tract and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS It is further agreed that prior to, or concurrent with, the ex- ecution of this AGREEMENT, the DEVELOPER shall execute and deliver to the City Engineer a faithful performance bond running to the CITY, as PAGE 3 obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborers, material, men and other persons •referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, said performance and labor and materials bonds shall each be in the amount as estab- lished in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (Parts A and B) and shall conform with the provisions of Resolution 1591 of the City Council of Cupertino. Said bonds shall be in a form acceptable to the City Engineer and shall be approved by him prior to or concurrent with the execution of this agreement by the CITY. 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all neces- sary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Tract, and that DEVELOPER shall have de- posited with CITY, prior to execution of this AGREEMENT, 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 6 . INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D) 7 . MAP FILING 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 CITY, the amount as set forth herein at Page 2 (Part E) . 8 . 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 de- velopment 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 improvement bonds. 9 . 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 requirements es- PAGE 4 • • tablished in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2, (Part G) . 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H) , which amount represents the power cost for street lights for one year. 11 . INSTALLATION 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. 12 . 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 Ordinance" Number 602, 1972 and which is further stipulated under Part J, Page 2 herein. 13 . MAINTENANCE OF THE WORK It is further agreed that the DEVELOPER shall maintain the Work (a) for a period of one ( 1) year after acceptance of the Work by the City Council of the City of Cupertino, or (b) until all deficiencies in the Work are corrected to conform to the Plans and the CITY stan- dards and specifications for the Work, whichever is the later to oc- cur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cuper- tino, and to the entire satisfaction of said CITY all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14 . SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino 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 Tract and stating that a bond to insure full and faithful performance 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 No. 13 above, have been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603 , Article 8, Chapter 2 of the Business and Professions Code, pertaining to special assessments or bonds, have ben complied PAGE 5 with. . 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Pro- tection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Tract and stating that all necessary fees have been deposited with said District to insure installation and five ( 5 ) year rental fee of said hydrants. 17 . STREET LIGHTING - P. G. AND E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the in- stallation of electric power for street lighting at the earliest date possible 18 . P. G. AND E. AND P. T. and T. It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or under- ground wiring circuits to all electroliers within said Tract and any and all fees required for undergrounding 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 Pacific Telephone and Telegraph Company that said fees are due and payable. 19 . EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the project shall be acquired by DEVELOPER at his own expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable 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 incidental costs in such reasonable amounts as the CITY may require shall be deposited with CITY. PAGE 6 • 20 . HOLD HARMLESS It is further agreed that, commencing with the performance . of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or li- ability, or claim thereof, occasioned 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. 21. INSURANCE 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 or the Work called for or required to be done hereunder, a policy of in- surance naming CITY and members of the City Council of the City of Cupertino, 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 covering all the Work performed by, for, or on behalf of said Developer. Both bodily injury and property damage insurance must be on 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 Council, individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other in- surance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. (a) Each of said policies of insurance shall provide coverage in the following minimum amounts : for bodily injury, $100 , 000 each per- son; $300 , 000 each occurrence; property damage, $50, 000 on account of any one occurrence with an aggregate limit of not less than $200, 000 . (b) The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evi- dence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in cov- erage without giving the City Engineer at least ten (10 ) days advance notice thereof. (c) In the event that the project covered herein should be mu- tually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies 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 of Cupertino shall equally apply to municipality and political subdivision. Page 7 • • 22 . 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 an adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 23 . TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract, shall bind the heirs, successors, administrators, or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS WHEREOF, said 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 CU:ERT NO dilktir Approved as to fo m: Mayor: -sa. '' 97 Ity Attorney: City Cle DEVELOPER: .1-1(-7-:: �7/l ,( Notary Acknowledgment Required. By: �= (' ((; Page 8 STATE OF CALIFORNIA ) ss. • COUNTY OF SANTA CLARA) On this day of day of in the year of , before me • personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public -in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 1411 day of A pc; in the year of iQQ13 , before me l rnmh L • C'hllrtrc' S personally appeared C Ordari C . TheCQrI1 personally known to me (or proved to me on the basis of satisfactory evidence) to' be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to, me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. — --q �'�, OFFICIAL SEAL 4 et DEBORAH L CHILDRE55 Oulna..h 5j3'-?� NOTARY PUBLIC - CALIFORNIA Notary Public in and for the County 04,!17 ' SANTACIARA COUNTY of Santa Clara, State of California My comm. expires AUG 5, 19E3 6/29/82 r ACKNOWLEDGEMENT BY SURETY State of California ) ) ss: County of SANTA CLARA ) On APRIL 15th , 19 83 , before me personally appeared G.A. VAN BUSKIRK known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the within instrument, and known to me to be the person who executed the said instrument as the act of Builders Mutual Surety Company in accordance with authority conferred by said Company. ' I c'- OFFICIAL SEAL I. ' (A)../.2e=--' ♦ry DOROTHY R WITT �"`` 1 F l NOTARY PUBLIC -CALIFORNIA '4ary Public jx SANTA CLARA COUNTY I Ci3gra My comm. expirex JAN 24, 1986 1 • Bond #210161 Executed in Duplicate • ' ANNUAL PREMIUM $ 560.00 FAITHFUL PERFORMANCE AND COMPLETION IMPROVEMENT BOND (Subdivision Improvements) • KNOW ALL MEN BY THESE PRESENTS: THAT WE; DCE, INC. as Principal and BUTi,:ERS MUTUAL SURETY ('OMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty-Eight Thousand and no/100 Dollars Dollars ($ 28,000.00 lawful money of the United States , for the payment of which will and truly to be made, we bind ourselves , our'heirs , executors, successors and assigns , jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, said Principal will perform all necessary improvements relative to Trart 6936 located nn Almaden Avenue in accordance with the approved Improvement Plans prepared by Jennings, McDermott and Heiss. Inc. Civil Engineer on file in the Engineer's Office, City of Cupertino. WHEaZAS, Improvements shall be completed within one (1) year from the date of Acceptance of this bond by the City Council. WHEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bondshall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set forth above, on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 15th day of April , 1983 (To be signed by DCE, INC. Principal and Surety and acknowledgment) BY a—_ Cf C ' Principal SGcr,tfes, c, f Surety • BUILD ' . MUTUAL SURER= By: e torney-in-fact ar4c2J . VAN BUSKIRK The above bond is accepted and approved this day of 19 • • STATE OF CALIFORNIA )) ss. COUNTY OF SANTA CLARA) day of On this day of in the year of ___________, before me personally appeared proved to me on the basis of satisfactory evidence) personally known toh me (ar and acknowledged to be the person whose executed subscribed to this instrument, that he (she or they) WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT I STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) 7 I () day of l ��r1` On this day of (_, h, dreSS . year of I , before me a PO fY;L in the `��� , personally appeared A a 4 I ' personally known to me (or proved to me on the basis of satisfactory evidence) y) to be. the person fwhoeorpooratiohtherein namedinstrument acknowledged to me that the L� � or on behalf of the corp corporation executed it. i t'a hand and affixed my official IN WITNESS WHEREOF, I have hereunto set my seal in the County of Santa Clara the day and year in this certificate first above written. I OFFICIAL. SEAL I �% di A. I. t` --- Lail �";�' DEBORAH LCHILDRESS otary Public in and for the County V`iiir •m NOTARY PUBLIC • CALIFORNIA of Santa Clara, State of California SANTA CLARA COUNTY My comm. expires AUG 5, 1983 WW1 iTZ1U101 Executed in Duplicate Premium included w/Performance Bond LABOR AND MATERIAL BOND (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and DCE, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and BUILDERS MUTUAL SURETY COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons , companies or corporations lend- ing or hiring teams , implements or machinery, for or .contributing to said work to be done, and all persons who perform work or labor--upon the same, and all persons who supply both work and materials , whose claim has not been paid by Principal or by any other person, in the just and full sum of Twenty-Eight Thousand and •no/100 Dollars ($ 28,000.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs , executors , administrators , successors or assigns , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons , companies , and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) ttooy" „_ __ • n On this l 0 day of l l�!/�u� in the year of 1Q.g3 , before me hon2h L . CV Id -PSS personally appeared Gordon C . e Car l personally known to me (or proved on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. ,r rwiriva.A5cy, O1 ' Notary Public in and for the County of µ OFFICIAL SEAL Santa Clara, State of California w.; i DEBORAH L CHILDRS m �" NOTARY PUBLIC -CALIFORNIA . * SANTA CLARA COUNTY My comm. expires AUG 5, 1983 ACKNOWLEDGEMENT BY SURETY State of California ) County of SANTA CLARA ) ss: On APRIL 15TH , 19 $3 , before me personally appeared G.A. VAN BUSKIRK known to me to be an Attorney-in-Fact of Builders Mutual Surety Company, the corporation described in the within instrument, and known to me to be the person who executed the said instrument as the act of Builders Mutual Surety Company in accordance with authority conferred by said Company. I OFFICIAL SEAL 1 ��1,b R 6/ Le DOROTHY R Win ^"Z Wt. iS115 NOTARY PUBLIC -CALIFORNIA tary Public ytnb',tl SANTA CLARA COUNTY My comm. expires JAN 24, 1988 , • Labor and Material Bond Page 2 • And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the sane shall in any wise affect its obligations on this bond, • and it does hereby waive notice of any such change, extension of .time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications . IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this 15th day of April , 19 83 • DCE, INC. (To be signed by Principal and Surety BY . Gi-06-- C and acknowledgment Principal and notarial seal attached.) • Surety BUILD S MUTUAL SURETY COMPANY • By: f affailj Attorney-in-Fact G.A. VAN BUSKIRK The above bond is accepted and approved this •`-day of , 19_ • 1 BUILDERS NO. 259 l MUTUAL v. (:4\ SURETY • COMPANY 2 (Air) Home Office, Los Angeles, Cal. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the BUILDERS MUTUAL SURETY COMPANY, a corporation organized and existing under the laws of the State of California, does hereby make, constitute and appoint G. A. VAN BUSKIRK its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety and other written obligations in the nature thereof as follows: any and all bonds, undertakings, recognizances, consents of surety and other written obligations in the nature thereof and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper person. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to the authority vested in the officers of the Company as set forth in the Resolution of the Board of Directors of the BUILDERS MUTUAL SURETY COMPANY at a meeting called and held on the 10th day of February, 1977, of which the following is a true transcript of said Resolution: "THAT WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name; THEREFORE, BE IT RESOLVED, that this Company do, and it hereby does, authorize and empower its Chairman of the Board, its President or any Vice President, or its Executive Director,in conjunction with its Secretary or any Assistant Secretary, under its Corporate Seal, to appoint any person as attorney-in-fact, or agent of said Company,in its name and as its act, to execute and deliver and affix the Seal of the Company thereto, and as defined or limited in their respective power of attorney, any and all bonds, undertakings, recognizances, consent of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him." This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of BUILDERS MUTUAL SURETY COMPANY at a meeting duly called and held on the 10th day of February, 1977. "RESOLVED; that the signature of any officer authorized by the Board of Directors, and the Company Seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to 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 BUILDERS MUTUAL SURETY COMPANY has caused these presents to be signed by its proper officers and its corporate seal to be hereunto affixed this ism day of APRIL 19 83 BUILD ' S MUTUAL SURETY COMPANY OCT 2 ek i cc r S E A L O�O B,Aa—L-1 ' Qi y..O `976 `.y0 i Fence Chairman O'9<7Foa e' • By,/� ",I/jam. • e`? Herman H. Petteg'.ve Secretary State of California ) ss County of Los Angeles ) On this 27th day of May , 19 82 before me, a Notary Public of the State of California, came Lawrence Simieri the Chairman andHerman H. Pettegrovt#te Secretary of BUILDERS MUTUAL SURETY COMPANY respectively, personally known by me to be the individuals and officers described herein and who executed the preceding instrument, and who acknowledged the execution of the same, and being duly sworn by me, did depose and say, that they are the said officers of the Corporation aforesaid and that the seal affixed to the preceding instrument is the Corporate Seal and signatures of the aforesaid officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. • IN TESTIMONY WHEREOF, I have set my hand and affixed my Official Seal, at the City of Los Angeles, the day and year first above written. ALICE lB TURNER i ✓ NOTARY PUBLIC-CALIFORNIA } e ;i PRINCIPAL OFFICE IN e +, ALAMEDA COUNTY Notary Public Oapav ellien Npwa11 Oa 11,1St My commission expires Pez / -sec eea/e 701 (irrr) (over) 1 .. i CERTIFICATE E ,.I . t I Herman H. Pettegrove the undersigned Secretary of BUILDERS MUTUAL SURETY COMPANY, do hereby certify that I have compared the foregoingopy of the . Power of Attorney and affidavit, and the copy of the Resolutions of the Board of Dire tj}s as set forth in the Power of Attorney, with the originals on file in the Home Office of said Company, and that the same are full, true and correct copies thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereto set my hand the 15th day of April 19 83 iii Secretary Herman H. Pettegrove