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1997-0616_HOLLAND-LOWE CONSTRUCTION, INC._Labor & Material Bond No. B97-013966 Executed in three counterparts Bond No. B97-013966 Premium included in charge for performance bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Holland-Lowe Construction, Inc. , License No. , hereinafter designated as "Principal", a contract for Rehabilitation of Del Obisp SrrPPt from PaSPc De Ta Paz to A2uacate Road and Aguacat and Road to Alipaz Street WHEREAS, said Principal is required to furnish a bond in connection with the 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 or this bond will pay the same. NOW, THEREFORE., we Holland-Lowe Construction, Inc. Principal, and Mico Casualty CoWDQnv as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal atm of Two hundred eighty two thousand five hundred ninety five**DOLLARS ($ *** ), 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, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment 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, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title I, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to 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 said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **and 20/100 ***S232,595.20 Lu-1 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 8th day of July 19 97 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. HOLLAND-LOWE CONSTRUCTION, INC. ' PRINCIPAL ....__•.'__ By A.t _.._. ULICO CASUALTY COMPANY SUR' Y By LwiLin J Al.r. 000;1 .n:'n, Attorney-in- act APPROVED AS TO FORM ir-'• HA% , A —ORN Y • LM-2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,r,,,. llllll ,,,,1.111111,,,,..111111,,,,,..,11111111111.rlllllfllllf; k 1 State of California 1 County of Orange 0 o On July 8, 1997 before me, Lourdes Landa, Notary Public 0 \i Owe Namam e aThu or Officer rel.,'Jane Joe,'Votary hotel 0 personally appeared **Dale A. Lowe** 8 0 Name's or Scnensf 8 IC personally known to me–OR –=.proved to me on the basis of satisfactory evidence to be the person(s) 0 0whose name(s) is/are subscribed to the within instrument 0 0 and acknowledged to me that he/she/they executed the 0 0 same in his/her/their authorized capacity(ies), and that by 0 his/her/their signature(s) on the instrument the person(s), 0 or the entity upon behalf of which the person(s) acted. 0 1 executed the instrument.. LOURDES 0 0 �I r;:rs.�:„'r, :. COMM. #106.`434 WITNES m /-_nd a ial seal. I,6, J .:Y` NOTARY PUBU� ; / , / l 1 � ��.c,._:r;,- ORANGE CO r 0 1 MY COMMISSION EXPIRES JULY 30. 1939 1 1111 S.gnatwe of votary°'ork Vpr , o OPTIONAL 0 Thougn re fnfcr-a::on oeiow s ,cr-ecurred by.aw. ,t,-,lay prove valuable:o^erscns relying on the document and could prevent 0 11 `rauc.:ent removal and reanac.-ment of this fora to another document. 0 oDescription of Attached Document �\ Title or Type of Document: Bond No. 97-013966 1 Document Dat_. Number of Pages: O Signers. Other Than Nam__ Above: 1 O Capacity(ies) Claimed by Signer(s) 0 Signer's Name: Signer's Name: 0 0 = Individual = Individual 0 0 = Corporate Officer = Corporate Officer 0 0 Title(s): Title(s): Partner—= Limited = General = Partner—= Limited = General { Aitamey-in-Fact = Attorney-in-Fact N = Trustee = Trustee 0 0 = Guardian. or Conservator RIGHT"'u"'1EI -'W. '' '''- 0OF SIGNER ( Guardian or Conservator . 0 .7_ Otner: ; 7cc :t _-0-ere i = Other: loo or Qu .O nitre f 0 0 0 1 6 i 0 O Signer Is Representing: Signer Is Representing: ! 0 l lllllllllll1111111111fllllllllllll/lllllllll.�llllllllllrlllllrllllllllJ+ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rlfllll!!lllllllfl�lr1J1111!!llllfllll111lllflllflrlllllllfllllllJlllll, 0 State of Cantor::La County of Orange On July 8, 1997 before me, Lourdes Landa, Notary Public l OaName ana ane or Officer(e.g..':ane One..Notary Pc ) k personally appeared James W. Moilanen Name's(or 3.cnens) personally known to me- OR - proved to me on the basis of satisfactory evidence to be the person(s) 1 whose name(s) is/are subscribed to the within instrument 1 and acknowledged to me that he/she/they executed the k same in his/her/their authorized caoacity(ies), and that by k _______ k _ — _ - - ----LAND �` his;her/their signature(s) on the instrument the person(s), _ LOURDES or the entity upon behalf of which the person(s) acted. k COMM. #,067234 executed the instrument. k 1 ....o °/ 1\1" 11\ .Y P11B1-�� CALIFORNIA O l u nRANGc COUNTY WITNESS „, h MY COt Rtl$SION EX,P1�E �y�,99J+-= m r:► and is seal. l 1 a(gnarure or Notary?:a"c k OPTIONAL . Thougr:re nfcrr a::cn cercw s-c;-ecurred cy:aw. ,t.may prove varuaole to persons relying on the document and could prevent l) fraucLient removal arc i earracrment of this form to another document. Description of Attached Document ' 1 Title cr Type of Document: Bond No. B97-013966 Occurrent Date: Number of Pages: Sicner'. Otter Than Nemec Bove: Capacity(ies) Claimed by Signer(s) k Signers Name: Signer's Name: k Individual = Individual 1 1 _ Correrate Officer j Corporate Officer 1 tleisi: _ Title(s): k Partner — = Limitec I. General _ Panner —= Limited General N { Attcmey-in-Fact i = Attorney-in-Fact - Trustee I FIGHT = Trustee 8PgWT -r. s+- -. .• = n. Guardiaor Conservator OF = Guardian or Conservator OF SIGNER 1 _ Otter: ,cc ct,.cr.o ere = Other: rco of TLrO^ere : k 1 Sicner !s Representing: i Signer Is Representing: \ i it k k 1 l I 0 0 fllllfll!lllllfllllllffllflfl�lllllllll!!1!l!lllllllllllllllll!!lllllllJl ULICO CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington, DC 20001 ■ ■ • ■ • 911 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powersof-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: James W. Moilanen, Mike Parizino, Judith K. Cunningham, John M. Garrett, Janina Monroe, Sheila K. McDonald and Lourdes Landa of Willis Corroon Corporation Orange County of Santa Ana, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of April, 19%. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp, A Ty (,POpP O A4-c, District of Columbia ss: ° SEAL . By: A I . - z ./. _ 'ob:rt Georgine,Ch.irman and - Executive Officer (AW• On this 15th day of April, 19%, before the subscriber,a Notary Public . the District of Columbia, dul c. missioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the indivi• al and officer described therei , nd who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,d .osed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washi : on, DC the day and year above written. NOTARy By: • Notary Public PUBLIC Betty BiG7vl? AiSi?b 'JGAi My Commission Expires: Notaiy Punt:, iNstr;t;t v; cuictba CERTIFICATION My Commission Expires Aprii 14, 1999 I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 8th day of July 199 7 . Ary GPOpPOA��Cp SEAL \By: ,r £ Ad li •p A.Ca abillo,Assistant Secretary AW'/ UCB-102-POA1 (09/94) 21 } Executed in three counterparts Bond No. B97-013966 Premium included in charge for performance bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT& That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Holland-Lowe Construction, Inc. , License No. , hereinafter designated as "Principal", a contract for Rehabilitation of Del Obisp Srreer fram Paseo De La Paz to aauacate Road and Aguacat and Road to Alipaz Street WHEREAS, said Principal is required to furnish a bond in connection with the 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 or this bond will pay the same. NOW, THEREFORE, we Holland-Lowe Construction, Inc. Principal, and U'lica Casualty Coripaa.nv , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Two hundred eighty two thousand five hundred ninety five**DOLLARS ($ *** ), 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, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment 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, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title I, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to 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 said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **and 20/100 ***S282,595.20 LK-1 • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shah for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 8th day of July 19 97 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. _ HOLLAND-LOWE CONSTRUCTION, INC. ' PRINCIPAL By LICO COQ NY SU '' B y ��III.,���, ►► t��:r 74"." Moil.' en, Attorney-in- act APPROVED AS TO FORM 1 • I `• R. HA", .A —ORN Y LN-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rl./llllfll!lllllJlllllflllllll�llull/l111fl11�llllfl�llfllflrllllllllJ'; k State of Cali:or La k %, County of Orange $ On July 8, 1997 before me, Lourdes Landa, Notary Public t`ll 0 ,-.)ace Name anc-tte of Officer;e g..'Jane Joe..Notary hcuC) 0 % personaily appeared **Dale A. Lowe** 1 lll) Var e,sI Jf S. tens) X personally known to me– OR –= proved to me 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 k � � 1y .1_• same in his,her/their authorized caoacity(ies), and that by "' LOI`-o S LANDA $ his/her/their signature(s) on the instrument the person(s), i 'k t rt ;,.1067234 or the entity upon behalf of which the person(s) acted. g „: , CO �A�IfORNIA a executed the ins rument. k A ,,/' NUI��r a. ..OUNT( N l k 1.-‘,___,:14,4 ���� N ExpIREs IUtY 30. 1999 t �� MICoi�Mt�t� ` WITNESS y • .n• an. .- 1-ial seal. k tlti ' "' k \ S.gnature of Notary P.-0.0 __ _„__-,. . OPTIONAL t\ 1 Trougn:he intcrnat:on oe'ow:s nct recurred raw. ,t may prove vaivaoie:o persons relying on rhe document and could prevent ` % `raucu:ent removal arc reanac.-ment of this foam to another document. l 1 Description of Attached Document s i tle or Type of Document: Bond No. 97-013966 1 [Document Date: Number of Pages: Signers) Otter Than Nemec: .Aoove: kCapacity(ies) Claimed by Signer(s) Signer's Name: ; Signer's Name: k k = Individual = Individual = Corporate Officer = Corporate Officer i tle(s): T itle(s): Parser — 1-._ Limited = General = Partner — = Limited = General % Attomey-in-Fact = Attorney-in-Fact k = Trustee = Trustee = Guardia~. or Conservator HIMPRINT RIGHT = Guardian or Conservator RIGHTTHUAJ8PAIM OF SIGNER \ k _7_ Other: ice of^ur•o rete j Other: rco of Tiro^ere I i , , Signer Is Representing: Signer is Representing: i � \ \ 1 1 ti0 X11.�111!!lllllullllll.�llffll!!l1111111!!l!!lll.�lrllllllll.�lJ.�lrlllllllJ1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • �lrfllllllllllfflllll./f111fflllllflllllllllllllflllll11f111Jl1Jflllllfl_ 1 \ State cf Caii_`'or _a k 1 1 Count/ of Orange kOn July 8, 1997 before me, Lourdes Landa, Notary Public k \ \ :a;e Varnaana Title of Ctfcer e.y..':are ace.�vowy?ucuC) kpersonally appeared James W. Moilanen Nametsi:1$.crens personally known to me -OR -= proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument testa l<< < _ and acknowledged to me that he/she/they executed the N k 'I 4,4-,i.--7,2 LOURDES LANDA ii, same in his;heritheir authorized capacity(ies), and that by o 0>a@"."'-'1'g COMM. 1067234 his/her/their signature(s) on the instrument the person(s), 1 s,." NOTA ,61.0,t.. ifORNIA or the entity upon behalf of which the persons) acted. , `s' j k v rY executed the instrument. S 11 I MY COMMISSION EXP1:;:S •'11 Y :',O, 1999 1 11 w.-. ,�..^- WITNESS my h- • - • offi _ _::I. / k S.gnaa.re cr.Notary Pubic \ OPTIONAL \ mocgr:re infcrma::cn oefow a^ct-ecwrred ov law, it may prove va1uacie to persons relying on the document and:Quid prevent l) `rauduient removal and rearrac.-ment of;his form to another Cccument. 1 Description of Attached Document \ 1 Title er Type of Document: Bond No. B97-013966 Occurrent Date: Number of Pages: coners; Other Than Named Above: k Capacity(ies) Claimed by Signer(s) \ 1Signers Name: : Signer's Name: k 1 _ = Individual 1 Individual I 11 _ Corporate Officer = Corporate Officer l ll1 -L- i tle s): ; TitIels): 11 11 Partner - -I= Limited _ General i = Panner — = Limited = General `111111 _H( Attorney-in-Fact ; _ a,�cmey-!n-Fact 1 - Trustee I _ rustee - Guar:ian or Consecrator RGHTTIFIKMBPRINT -"'. -' i4'' OF SIGNER I = Guardian or Conservator OF SIGNER = Other: f.-cc ct:nurro:'ere I = Other: eco or TLr^C eere II \ \\ S,crer Is Representing: i i Signer Is Representing: k i . l II k 1 0 \ , 'k ‘ lull111fllll./11llllflllfllfl/llllllllllllllfl1111f!!lllllllflrl./lllllfJ ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 II III ' • • 910 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: James W. Moilanen, Mike Parizino, Judith K. Cunningham, John M. Garrett, Janina Monroe, Sheila K. McDonald and Lourdes Landa of Willis Corroon Corporation Orange County of Santa Ana, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of April, 19%. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp. 5 A Ty GP PP OA4 CO District of Columbia ss: ° SEAL >z By: -/ � _ I '.� ZC (A.A..: 7 ,L,P j., ,ob:rt •. Georgine,Ch.irman and Executive Officer On this 15th day of April, 19%, before the subscriber,a Notary Public . the District of Columbia, dul c. missioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the indivi. al and officer described therei .nd who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,d .osed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washi : on, DC the day and year above written. +o,0 M 4 / ..„0„,07,-) N i'NOTARY} By: '/ / /I Notary Public PUBLIC Betty Brown uisoloroct:..s My Commission Expires: . ,��a''T Nufehy PutN:, Diair;�t r. Cbc7.1ti t CERTIFICATION My Ca elm. sion Expires Ap ii 14, 1999 I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 8th day of July 199 7 A Tr 0P PP OA °� F 9 By: ,As 44 SEAL )_ ; •p A.Ca abillo,Assistant Secretary 0,,,:w..,,,,„„/•,- FLA,9W19,Pj r UCB-102-POA1 (09/94) �`tee`""