Loading...
1978-0503_STRAUB, ARTHUR O._AgreementAGREEMENT This Agreement is made this 3rd day of May, 1978, by and between the City of San Juan Capistrano, hereinafter called "CITY" and A. O. Straub, hereinafter called "DEVELOPER." 1:144�1�X'laYlf.i WHEREAS, CITY and DEVELOPER did mutually enter into an agreement dated April 2, 1975, a copy of which is attached hereto and made a part hereof, obligating DEVELOPER to construct certain improvements; and, WHEREAS, DEVELOPER has not completed all of the improvements required in the time period allocated in said agreement; and, WHEREAS, City has received a cash payment from DEVELOPER in the amount of the Faithful Performance Bond required by said agreement; and, WHEREAS, CITY has determined that the completion of the required improvements in said agreement is not necessary or prudent at this time. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter contained, the parties hereto agree as follows: 1. Said agreement dated April 2, 1975, shall be extended for a period of six (6) calendar months from the date first above written. 2. CITY shall hold cash payment until a good and sufficient surety device for the purpose of assuming faithful performance is submitted by DEVELOPER and accepted by CITY. Said surety device shall be in the amount of $12,500. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: CITY CLERK APPROVED AS TO FORM: _] S S. OKAZAKI ITY ATTORNEY CITY OF SAN JUAN CAPISTRANO A. 0. STRAUB KE�\NNETH E. FRIESS, MAYOR A. 0. STRAUB I 1 2 3 4 6 6 7 a 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • AGREEMENT 0 THIS AGREEMENT IS MADE THIS 2nd DAY OF April . 1975 BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO, HEREINAFTER CALLED IICITYII, AND A. O. STRAUB, HEREINAFTER CALLED "DEVELOPER". WITNESSETH: WHEREAT, DEVELOPER DESIRES TO DIVIDE A PARCEL OF LAND IN THE CITY OF SAN JUAN CAPISTRANO; AND WHEREAS, THE ZONING ORDINANCES OF THE CITY OF SAN JUAN CAPISTRANO REQUIRES THE AFORESAID DEVELOPER TO DO AND PERFORM THE FOLLOWING AS A CONDITION OF SAID DEVELOPMENT: 1. UNDERGROUND EXISTING OVERHEAD UTILITIES PURSUANT TO THE CITY'S ORDINANCE. 2. PROVIDE STREET IMPROVEMENTS IN AVENIDA AEROPUERTO AND ITS INTER- SECTION WITH CAMINO CAPISTRANO) INCLUDING PAVEMENT, SIDEWALKS, AND STREET LIGHTS. WHEREAS, THE DEVELOPER DESIRES TO PERFORM THOSE AFORESAID REQUIREMENTS WITHIN A PERIOD OF THREE (3) CALENDAR YEARS. NOW HEREFCCRE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREINAFTER CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. THE DEVELOPER SHALL POST A FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF TWELVE THOUSAND FIVE HUNDRED (12,500) DOLLARS AS AN ESTIMATED COST OF PROVIDING THE REQUIRED PUBLIC IMPROVEMENTS. 2. IN THE EVENT THE PROPERTY BECOMES A PART OF A FORMAL LOCAL ASSESS- MENT DISTRICT FOR THE PURPOSE OF CONSTRUCTING UNDERGROUND PUBLIC IMPROVEMENTS THIS AGREEMENT WILL BE TERMINATED BY MUTUAL CONSENT OF THE DEVELOPER AND THE CITY. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN. ATTEST: CPICLERK 1PF'ROVB) AS A'O ", .................... Cm PrMPNEY P, SJC7349 CITY OF SAN JUAN CAPISTRANO chi By— 0 0 Easement Deeds from Howard Huntington, President, Delta Management Corporation, to facilitate the construction of the Camino del Avion Storm Drain, 1.O11103, as set forth in the report dated May 3, 1978, from the Director of Public Works: Right -of -Way Easement for -Street and highway purposes, A.P. No, GG8-021-01, -02; Easement for Storm Drain purposes, A.P. No, 668-021-01; Storm Drain Construction purposes, A.P. No. 668-021-01, The City Clerk is directed to record the deeds, 6 -MONTH EXTENSION OF UTILITY UNDERGROUND AGREEMENT STR UB INDUSTRIAL) (38) Proposal.: _ Thr extension of the Agreement dated April 2, 1975, between the City and A.O. Straub providing for posting of a bond in the amount of $12,500 in lieu of construction of street improvements and utility undergrounding on Camino Capistrano north of Avenida Aeropuerto, Written Communication; Report dated May 3, 1978, from the Director of Public Works. Approval of 6 -month Extension: •in response to Mayor Fries.s, the Director of Public }Yorks advised that further report would he forthcoming and that there is no construction project fronting the property which would cause formation of an assessment district in the near future. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the Agreement between the City and A,O. Straub be extended for a period of 6 months only, ADMINIS'iRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1, SERRA TREATMENT PLANT. PROJECT COMMITTEE NO. 2 - E\ LUATlOy OF OP1iRe 1'I Oy Vll :dIN I'LYeTNCE CO;!'rR OT (79) Proposal: Conceptual acceptance of an agreement for operation and maintenance of the Wastewater Treatment Facility. Written Communications: 1 Report dated May 3, 1978, from the Director of Public Works advising that the City has received a notice of non -renewal pursuant to the oierations agreement dated March 3, 1976, and forwarding'a proposed operations and maintenance agreement for Council evaluation and comment. Council Discussion: oim�mI an 'Thorpe suggested the following changes to the Agreement: Page 11, Section 17, amend the first two paragraphs as follows: 5/3/78 • AGENDA ITEM May 3, 1978 0 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Utility Undergrounding Agreement (Straub Industrial) SITUATION In April 1975 the City and Mr. A. 0. Straub entered into an agreement to postpone the undergrounding of overhead utilities on Camino Capistrano north of Avenida Aeropuerto. The Agree- ment required the implementation of the undergrounding within three years, and this has not been done at this time. A. O. Straub has deposited $12,500 in cash with the City in order to comply with the requirements of the agreement. Staff and A. 0. Straub desire to extend the original agreement for a period of five years. It is intended to have the developer submit a surety device in the amount of $12,500 and return the cash payment of $12,500 if this extension is approved. A period of five years has been chosen as there appears to be no project in the immediate future which would "kick off" the required improvement. The original agreement and the document establish- ing the five year extension are enclosed. FINANCIAL CONSIDERATIONS A. O. Straub, realizing that the agreement was about to expire, deposited $12,500 in cash with the City. If the Council chooses not to extend the agreement, funds are on hand to fulfill the developer's fiscal responsibility. ALTERNATE ACTIONS 1. Extend the agreement. 2. Do not extend the agreement. 3. Require the developer to underground the subject facility. 4. Refer the matter to staff for revision. RECOMMENDATION By motion, approve extending the agreement with A. O. Straub and authorize the Mayor to make the appropriate executions. ��.Respectfully submitted, W. D. Murphy CITY COUNCIL AGENDAWDM:GML/rem kIFOR DEL 0 WRDO F. WRITER JR. Hi. zseoi DEL A NIDA RI LO AVERIDA MARIPOSA m J o W u 0 2 i n J W J J < J u u _ 6I z a IN CrA RANCHD DEL AVION TRAILER MRN I t IS goo' MAP -000. 74-5' (Srj AvB)-- VAIDERGROUNO IMPRovEiyEAJi AGREE'M�N T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 r 30' 31 32i AGREEMENT THIS AGREEMENT IS MADE THIS 2nd DAY OF April , 1975 BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO, HEREINAFTER CALLED "CITY", AND A. 0. STRAUB, HEREINAFTER CALLED ffDEVELOPER". WITNESSETH: WHEREAS, DEVELOPER DESIRES TO DIVIDE A PARCEL OF LAND IN THE CITY OF SAN JUAN CAPISTRANO; AND WHEREAS, THE ZONING ORDINANCES OF THE CITY OF SAN JUAN CAPISTRANO REQUIRES THE AFORESAID DEVELOPER TO DO AND PERFORM THE FOLLOWING AS A CONDITION OF SAID DEVELOPMENT: 1. UNDERGROUND EXISTING OVERHEAD UTILITIES PURSUANT TO THE CITYIS ORDINANCE. 2. PROVIDE STREET IMPROVEMENTS IN AVENIDA AEROPUERTO AND ITS INTER- SECTION WITH CAMINO CAPISTRANO, INCLUDING PAVEMENT, SIDEWALKS, AND STREET LIGHTS. WHEREAS, THE DEVELOPER DESIRES TO PERFORM THOSE AFORESAID REQUIREMENTS WITHIN A PERIOD OF THREE (3) CALENDAR YEARS. NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREINAFTER CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. THE DEVELOPER SHALL POST A FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF TWELVE THOUSAND FIVE HUNDRED (12,500) DOLLARS AS AN ESTIMATED COST OF PROVIDING THE REQUIRED PUBLIC IMPROVEMENTS. 2. IN THE EVENT THE PROPERTY BECOMES A PART OF A FORMAL LOCAL ASSESS- MENT DISTRICT FOR THE PURPOSE OF CONSTRUCTING UNDERGROUND PUBLIC IMPROVEMENTS THIS AGREEMENT WILL BE TERMINATED BY MUTUAL CONSENT OF THE DEVELOPER AND THE CITY. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN. ATTEST- civ, TTEST: C CLERK ',PPROVE'J AS Iro fo" . ':',rry MORNLY ATTORNEY P1 M SJC7349 CITY OF SAN JUAN CAPISTRANO Commercll Union Assurancettompanies. Massachusetts Surety Insurance Services Co.ss]� 'r�E BOND NO. CA 71084-71 Surety Underwriters ' J 17 Ptd /J PREMIUM: $125.00 680 Wilshire Place Log Angeles, California 90005 CITY OF SAN JUAN CAPISTRANO CONTRACT BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: i 4e11� • 1= as Principal, and COMMERCIAL UNION INSURANCE COMPANY , duly licensed to transact business under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the just and full sum of TWELVE THOUSAND, FIVE HUNDRED AND NO/100THS Dollars ($ 12,500,00 ), lawful money of the United States of America, for the payment whereof well and truly to be made, said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that whereas, the above bounden Principal has entered into a contract with the said Obligee to do and perform the following work; to wit: UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES as will more fully appear from said contract, reference to which is hereby made. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise, to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. SIGNED and sealed this 25th i 1 COMMERCIAL UD N D'U CE COMPANY By: _ 61 Attorney -in -Fact NOTARIAL ACKNOWLEDGMENT STATE OF California _ COUNTY OF ss. Lob AIIq@L@8 On this 2r%t y day F@h1"1lA3:Y , in the year one thousand nine hundred and R eNqWt;/ FiVB before me, A og1jilVll M113:12C7c , a Notary Public in and for said County and State, personally appeared Howdy -d qj gocai known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorney-in-fact. mm nnmi mmol nn nnnnn n ........... : nnmmmn A io i y MY Corn . .. r �yf 4,1976 - uuenn...... mm..n.m. ..n:numnnunnn:n No" ublic in and for s—/a d County and State Commission expires/ C60815 - Calif. 1-78 ~ " •POWER OF ATTORNE16 KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY a Wrporation duly Zorganiwd and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City �.c Boston, Mass., ZD made, constituted and appointed, and does by these presents make and constitute and appoint RICHARD ADAIR and HDWARD SISKELa both of Los Angeles, California and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM- MERCIAL UNION INSURANCE COMPANY at a meeting duly calltd and held on the twenty-seventh day of July, 1972: Resolved, That the President, or any Vice -President, or any Assistant Vice President, may execute for and in behalf of the company tiny and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Seem - t;.. -y; and that the President, or any Vice President, or Assistant Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove any such Attorney -in -Fact and re- voke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument 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, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAI. UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice President, and the signa- ture of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any cettificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, un- dertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where 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 with the same tome and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Vice -President and its corporate seat to be hereto affixed, by its Secretary this 12th day of February 19 73 't COMMERCIAL UNION INSURANCE COMPANY 02 Attest: .I.� ays. By Secretary Vice -Pm ident COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 12th day of February 19 73, before me personally came John G. Thompson, Vice -President, and William D. Bogar, Secretary of the COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and offi- cers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such Meets were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. l w. al rt s • .Robert L. Marelli — Notary Public — `a (My Commission expires June 5, 1975) CERTIFICATE I, the undersigned, Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that The Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 25th day of 8ttabrl�y 1975 /yea tNe �++��+5 e ! C60903 Assistant Secretary WOOD Q ASSOASONC. MEMORANDUM March 19, 1975 TO: W. D. Murphy, Director of Public Works — City Engineer FROM: City Engineer's Office SUBJECT: Underground Improvement Agreement for A. 0. Straub, DOL 74-5, Industrial Building on Paseo Cerveza SITUATION: A. 0. Straub has submitted the subject agreement for City approval and signature together with a surety bond for $12,500 to satisfy one of the conditions of approval of DOL 74-5. ALTERNATE ACTION: 1. Approve the improvement agreement. 2. Disapprove the improvement agreement. RECOMMENDATION: By motion, accept the bond and approve the Underground Improvement Agreement with A. 0. Straub and authorize the execution of the Agreement. Respectfully submitted, City Engineer's Office City of San Juan Capistrano Reviewed By ' V /t 7 Byt'� W. D. Murph George . Madsen Director of Public Work Senio Project Engineer FOR CITY COUNCIL AGENDA SJC—DOL 74-5, SJC 7349 Cotnriorcial Union Assuranc*oinpanics ROW& Massachusetts Surety Insuran,:e Services Co.srE BOND NO. CA 71064-71 Pfd t Surety Underwriters MAR 10 3 17 1 J PREMIUM: $125.00 680 Wilshire Place _ Los Angeles, California 90005 CITY Or SAN :UAN CAPISTRANO CONTRACT BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: ' ' : MeU• • le as Principal, and COMMERCIAL UNION INSURANCE COMPANY , duly licensed to transact business under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the just and full sum of TWELVE THOUSAND, FIVE HUNDRED AND NO/100THS Dollars ($ 12,500.00 ), lawful money of the United States of America, for the payment whereof well and truly to be made, said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that whereas, the above bounden Principal has entered into a contract with the said Obligee to do and perform the.following work; to wit: OF EXISTING OVERHEAD UTILITIES as will more fully appear from said contract, reference to which is hereby made. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise, to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. SIGNED and sealed this 25th day of Februa Arthur O. Straub Principal By: COMMERCIAL�CE COMPANY By: aN r Attorney—in—Fact A G R E E M E N T THIS AGREEMENT, made and entered into this 2nd day of October, 1974, b y and b etw een Arthur 0. Straub, a married man, hereinafter designated as "SUBDIVIDER" and the CITY OF SAN JUAN CAPISTRANO, hereinafter designated as "CITY": W I T N E S S E T H: WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY a final parcel map of Division of Land No. 74-5 in the City of San Juan Capistrano, County of Orange, and WHEREAS, the SUBDIVIDER by seperate documents offers for dedication to the CITY for pib lic use the streets and easements as required for said map, and WHEREAS, the aforesaid final parcel map is in order and ready for acceptance by CITY. NOW, THEREFORE, in consideration of the acceptance of the streets and easements shown on the final parcel map of Division of Land No. 74-5, City of San Juan Capistrano by the CITY, the parties hereto agree as follows: 1. SUBDIVIDER shall construct and install all of the street improvements, street lighting system, sewers and drains for Division of Land No. 74.5. The Plans for said Street Improvements are now on file with the City Clerk of the City of San Juan Capistrano and are by this reference made a part hereof. 2. The SUBDIVIDER shall furnish to the CITY good and sufficient performance and labor and material bonds executed by a corporation authorized to transact surety business in the State of California in the sun of $11,500 and approved by the CITY or in lieu of said bonds to deposit with the CITY a sun of $11,500 to assure the faithful performance of this Agreement. 3. That the work herein required to be done by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to the CITY Engineer be inspected by him and if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio to the total money deposited as the work accepted bears to the total work to be done, provided that the CITY'S Engineer has first certified to the CITY Council that amount of work completed and to be accepted and the amount of partial refund to which the SUBDIVIDER is entitled and the CITY Council approve such refund and further provided that no refund in excess of Eight -Five percent (85a) of the total amount of the original deposit shall be made until all of the work is completed and accepted. 4. The SUBDIVIDER agrees to commence the construction and install- ation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work within 365 days from the date of said approval. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of California. IN WITNESS WHEREOF, ARTHUR 0. STRAUB WITNESSED BY: ROBERTK. A" D4 *AA has executed these presents as the SUBDIVIDER, and th CITY CAPISTRANO has caused these presents to be executed by the Mayor of the City Council and attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY, the day and year in this instrument first above written. ATTEST: �� BUD '000 CITY OF SAN JUAN CAPISTRANO By City Clerk Mayor Y TO 447 c (Individual) STATE OF CALIFORNIA COUNTY OF__QRAMG } SS. onOctober_1 19741974 before me, the undersigned, a Notary Public in and for said State, Personally appeared Arthur 0, Straub to be the person whose name_ 16 subscribed to the within instrument and acknowledged that he executed the same. — WITNESS my ha "and official seal. Signature — Geor effa ohn Name (Typed or Printed) known to me (This area for atRcial notarial seal) O s + Gro EFFA ioFjN It ue �9 r iA� •, IPORMA O L �.• ±TY / cT nssi; nlx„ues... dr. 1,4, 1978 (This area for atRcial notarial seal) O t a Cominerelh Union AssnrancAompanies Boston, Massachusetts Surety Insurance Services Co. BOND NO. CA 71082-85 Surety Underwriters PREMIUM: $115,00 680 Wilshire Place Los Angeles, California 90005 SUBDIVISION FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, A. O. STRAUB an individual as Principal, and COMMERCIAL UNION INSURANCE COMPANY , as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum of ELEVEN THOUSAND, FIVE HUNDRED AND N01100THS ----------------------------- ----------------------------- Dollars ($ 11,500.00 ), 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 a Subdivision Agreement with CITY OF SAN JUAN CAPISTRANO dated in wnicn sa>_a rrinca.pa.L agrees to conszrucz improvements a.n 5upaivasion Tract No. 7227 in the City of San Juan Capistrano , County of Orange , as follows: STREET IMPROVEMENTS AND STREET LIGHTING and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee performance of said contract; NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said contract 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, it shall be and remain in full force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed this 2nd day of O tnh r 19 74_. A, VO.Straub Principal COMMERC ION URANCE COMPANY . Surety chard Adair Attorney -in -Fact (Executed in duplicate) NOTARIAL ACKNOWLEDGMENT STATE OF California / COUNTY OF OS nge es ss. On this ___ nd day OC'tOber , in the year one thousand nine hundred and >entty- r before me, Bre4_ onwyn MLrr7pC]t a Notary Public In and for said County and State, personally appeared Richard Adair known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE MPANY thereto as surety, and his own name as Attar ne -in-fact. m^munnnmuwee�.nrimn..nm � . N.,�nu, "` Notary Pu in and for said C v fy and t to F P51NppAL CFFICE IN LOS ANGELES COUNTY Commission expires: " My Commission Expires Apr. 4,1976 iEiwwniwnummxinnnwmn........................._. C60815 - Calif. 1-73 t I Boston, Massachusetts Surety Insurance Services Co. BOND NO. CA 71082-85 Surety Underwriters PREMIUM: Included in 680 Wilshire Place Performance Bond Los Angeles, California 90005 SUBDIVISION LABOR AND MATERIAL BOLSD KNOW ALL MEN BY THESE PRESENTS: That we, A. O STRAUB an individual as Principal, and COMMERCIAL UNION INSURANCE COMPANY , as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum Of ELEVEN THOUSAND, FIVE HUNDRED AND NO/100THS----------------- Dollars ($ 11,500.00 ), 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 a Subdivision Agreement with CITY OF SAN JUAN CAPISTRANO in which said Principal agrees to Tract No. 7227 in the City of Orange , dated construct improvements in Subdivision of San Juan Capistrano , County . as follows: STREET IMPROVEMENTS AND STREET LIGHTING and, as a condition of the approval of said Subdivision, the Principal is required to furnish a Labor and Material Bond as herein provided; NOW, THEREFORE, if said Principal or any contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements or performance of the work to be done, or for any work or labor done of any kind, in or on such improvements, said Surety will pay the same in an amount not exceeding the sum set forth above and, in addition, the Surety agrees to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. This bond shall inure to the benefit of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed this 2nd day of October , 19 74 . COMMERCqu WNTON TjgWRANJ',F,COMPANY Surety BY' igi-c Adair Attorney -in -Fact (Executed in duplicate) NOTARIAL ACKNOWLEDGMENT STATE OF California r COUNTY OF Tune Angel e9 jss. On this _ 2nd day October , in the year one thousand nine hundred and Seventy -Four before me, Bronwyn Murdock , a Notary Public in and for said County and State, personally appeared Richard Adair known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorne -in-fact.^ px nwnmm�innnnxnnnxnnnn...... ;;n;nm.rnr.. .... , QfZGAO::,':tr ,+ 'I11;,A t.nom.iL.:ANotary Ppb ' in and for said C u ty an tateS UP..:4(y aCommission expires: My Commsvon Cxp!res Apr.4, 1976 p MI�W�twumnmuumnummmmmmummminunumm�nninunnmxnnUD C60815 - Calif. 1-73 op OWER OF ATTORNEO KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Mass., hath made, constituted and appointed, and does by these presents make and constitute and appoint RICHARD ADAIR and HOWARD SISKEL, both of Los Angeles, California and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, scaled with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM- MERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of Judy, 1972: Resolved, That the President, or any Vice -President, or any Assistant Vice President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secre- t^ry; and that the President, or any Vice President, or Assistant Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove any such Attorney -in -Fact and re- voke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument 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, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice President, and the signa- ture of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, un- dertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where 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 with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAh UNION INSURANCE COMPANY, has caused these presents to be signed by its Vice -President and its corporate seat to be hereto affixed, by its Secretary this 12th day of February 19 73 \Oa l,e zv' '=ice sen .r t COMMERCIAL UNION INSURANCE COMPANY Attest: k.A j {jAA4k — +r.+ HY Secretary Vice -President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 12th day of Februaryy 19 73, before me personally came John G. Thompson, Vice -President, and William D. Sugar, Secretary of the COMMERCIAL TJNION INSURANCE COMPANY to me personally known to be the individuals and offi- cers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. � [. MI,j`.. V, `, ^f Robert L. Marzelli — Notary Public (My Commission expires June 5, 1975 ) CERTIFICATE I, the undersigned, Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that The Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 2nd day of October 19 74 -"`pa Iry IJP: ........apt C60903 Assistant Secretary • G�f�r!% «�' fry! �/,Q!l! F� �Il�,f%!(Ci71(G 32400 PASLO ADLLANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 "` ''PHONL 493.1171 " e ar May 12, 1978 A. O. Straub Straub Industrial 33207 Paseo Cerveza San'Juan Capistrano, California 92675 Re: Extension of Utility Undergrounding Agreement Dear Mr, Straub: At their meeting of May 3, 1978, the City Council approved an extension to the Utility Undergrounding Agreement of April 2, 1975 of six months only. The City will hold the cash payment of $12,500 until adequate surety is received. Enclosed for your information is a copy of page 9 of the minutes of the May 3rd meeting. Also enclosed are the original and one copy of the Agreement approved by Council. Please execute both copies and return the original to this office; the copy is for your files. If you have any questions, please don't hesitate to call. Very truly yours, (MRS) MARY//ANN HANOVER City Clerk MAH/cj Enclosures cc: Director of Public Works (3'o 1�3 SAN JVA111•API'iTRANO1 CAL IrQi<M 92673 • i I9 uJNG 4�3�il jY �t March 24, 1978 Commercial Union Insurance Company Surety Insurance Services Company Surety Underwriters 680 Wilshire Place Los Angeles, CA 90005 Attention: Howard Siskel, Attorney-in-fact Re: Undergrounding of Overhead Utilities (DL 74-5 Straub Industrial Park) Gentlemen: The City of San Juan Capistrano desires to call on your bond #CA71084-71 in the amount of $12,500. This bond is being held to insure the undergrounding of overhead utilities on Camino Capistrano; that property referred to as DL 74-5 (Straub Industrial Park) by this City. Mr. Straub entered into an agreement.with the City to underground the subject overhead utilities prior to April 2, 1978, and this has not been completed at this time. If .you desire to discuss this matter in detail or have questions, please call me or Mr. Jim Okazaki, the City Attorney, at 714/752-0210. Mr. Straub has been informed of this action by means of a copy of this letter. Very truly yours, CITY OF SAN JUAN CAPISTRANO W. �. Vy f W. D. Murp y Director of Publi Works/ City Engineer WDM:GML/rem cc: Arthur Straub Straub Dist. Co. 33207 Paseo Cervesa San Juan Capistrano s i d 32400 PASEO ADELANTO SAC! JUAN CAPISTRANO, CALIFORNIA 92M S !s ' 1 I•: Customer's i Order No.� DO 19 ti • Nome7✓� 1 Address 777 U L SOLO BY CtiN C.O.D. i ON ) OSE. Rf TD. Ai0 OVT SOLO BY CtiN C.O.D. CN1R4L ON ) OSE. Rf TD. Ai0 OVT QUAN. DESCRIPTION PRICE AMOUNT /v\ TJ t Y t7 1s5e All d16.s and returned goods MUST be.,comp.Died by this b.11. 11932,:_- EIVED TAX TOTAL Coaullne Prlrs. S.J.C. Calif. 428106-2 • � - li i1 r� , F , tl 32400 PASEO ADEIANj6' 0 F S } � SAN JUAN CAPISTRANO. CALIFORNIA 92675 \ '.PHONE 499-117x, April 7, 1975 Mr. Arthur O. Straub Straub Distributing Co., Inc. 33207 Paseo Cerveza San Juan Capistrano, California 92675 Re: DOL 74-5, Industrial Building on Paseo Cerveza Dear Mr. Straub: On April 2, 1975, the City Council accepted the Faithful Performance Bond and approved the Underground Improve- ment Agreement with regard to the above-mentioned project. A copy of the fully executed Agreement is enclosed for your files. Very truly yours, :V�ANN (MRS) IiANOVER City Clerk MH/m Enclosure cc: Public Works Woodside/Kubota Cl Subject: Tel. Call Conference: Inspection: Action: Return To: File: DATE ) U✓L Lll�t /Y -J CLIENT Return Call To: + + + + + + + + + + + WOODSIDE - KUBOTA and ASSOCIATES RECEIVED Consulting Engineers Com erct- 1 Union Assurancekompanles Boston, Massachusetts Surety Insurance Services Co. BOND NO. CA 71082-85 Surety Underwriters PREMIUM: $115.00 680 Wilshire Place Los Angeles, California 90005 SUBDIVISION FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: as Principal, and COMMERCIAL UNION INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum of MAjZVL`M =VVD&kMV C.LV.G AV1MiJ AUM" LYV .LVV.VZW----------------------------- — --------------- --__--__ Dollars ($ 11,500.00 ) lawful money of the United tates, for the payment of which sum well and truly to be made, we bind o rselves jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGO NG OBLIGATION IS SUCH THAT whereas said Principal has entered into Subdivision Agreement with CITY OF SAN JUAN CAPISTRANO dated in which said Principal agr es to construct improvements in Subdivision Tract No. 7227 in th City of San Juan Capistrano , County of Orange I , as follows: STREET IMPROVEME MS AND STREET LIGHTING and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee performance of said contract; NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants an obligations of said contract on its part to be done and performed at he time and in the manner specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full force and eff ct and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed this 2nd _ day of ActohAr , 19--24_. �7, A. O. Straub Principal J" 1 COMER ON IMPRANCE COMPANY Surety B y Chard Adair Attorney -in -Fact { ecuted in duplicate) ,t NOTARIAL ACKNOWLEDGMENT STATE OF California COUNTY OF LOS AngeleS ss. On this _ day Obe�in the year one thousand nine hundred and seventy—your before me, flrC+s...yn Miim 7Calr , a Notary Public in and for said County and State, personally appeared f .D..; C__2iA AA=4X known to me to be the person whose name is subscribed to the within instrument as the Attorney -in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorney-in-fact. i s3mmr smmimnnesinnmumnnnnminnmm�om°n"mimnn�e ,,,/// � OFFJCIAICIAL SEAL DRONVVYN MURDOCK ✓ L Notary P bl' In and for said nt an tate �u a� vi •.IC r � ^..e,��n � Y Y N -- - Irl Commission expires: r ..AjWG 3 C60815 - Calif. 1-73 ri Commereft Union Assura acAumpanics Boston, Massachusetts Surety Insurance Services Co. BOND NO. CA 71082-85 Surety Underwriters PR1:,1.11UM: Included in 680 Wilshire Place Performance Bond Los Angeles, California 90005 SUBDIVISION LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, COMMERCIAL UNION bound unto an as Principal, and as Surety, are held and firmly in the sum of ELEVEN THOUSAND, FIVE HUNDRED AND NO/100THS- --Dollars ($ 11,500.00 ), 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 FOREG Principal has entered into CITY OF SAN JUAN CAPISTRANO in which said Principal agr Tract No. 7227 in the of Orange STREET and, as a condition of the is required to furnish a L NOW, THEREFORE, if said Pri fails to pay for any materi in, upon, or for or about t or performance of the work of any kind, in or on such same in an amount not excee the Surety agrees to pay re becomes necessary to bring G OBLIGATION IS SUCH THAT whereas said Subdivision Agreement with ty dated construct improvements in Subdivision of San Juan Capistrano County , as follows: AND STREET LIGHTING proval of said Subdivision, the Principal r and Material Bond as herein provided; ipal or any contractor or subcontractor s, provisions, or rented equipment used construction of the public improvements be done, or for any work or labor done provements, said Surety will pay the ng the sum set forth above and, in addition, onable attorneys' fees in the event that it action to enforce this bond. This bond shall inure to the benefit of the contractor, his subcontractors and to persons renting equip ent or furnishing labor or materials to them for the improvements. Signed and sealed this 2nd day of October 19 74 . Ntraub Principal COMMERC14L. ION It RANCE COMPANY 14017 Surety By Richard Adair Attorney -in -Fact in duplicate) NOTARIAL ACKNOWLEDGMENT STATE OF California _ COUNTY OF Los AMele— ss. On this _ 2nd day October , in the year one thousand nine hundred and Seventy Four before me, Bronwyn MUrCIOCk , a Notary Public in and for said County and State, personally appeared —�C�18Yf1 Adair known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorney-in-fact. r_mmmmm�nmmmmmmnnmrmimnnu.unnnnnn. n ii nn.n..... Ok(TC]AL FAL 6RON1t'rt3 ML SCK m 0nuwmnnnnnlnnnwwllmumnuu.....: NOTARY P 8 IGf.N�A PILCr v Mi ANO ANO L S IY Mycamm-s:on Exp, r.s., l.1 1976 is ninwuunm:,nai::::mm.nwonuw /"7v�'9y, -,/'- ," , i//'/,ice, s' .P;;�_'/ Notary Pubfid`iriand for said Cty and Xtbte Commission expires: C60815 - Calif. 1-73 OW4R OF ATTORNEO KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Common ealth of Massachusetts, and having its principal office in the City of Boston, Mas., hath made, constituted and appointed, and does by these presents make and constitute and appoint RICHARD ADAIR and HOWARD SISKEL, both of Los Angeles, California and each of them its true and lawful Attorney -fn -Fact, 10 make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in purse ante sf rhes, presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if .such bonds were signed b the President, sealed with the n.rporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the act, of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions idoptrd by th, Board of Directors of the COM- MERCIAL. UNION INSURANCE COMPANY at a meting duly calks and held on the twenty-seventh day of Judy, 1972: Resolved, That the Resident, or any Vice President, or any Assistant Vice President, may execute for and in behalf of the company any and all bonds, recognizances, c ntracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the se 1 of the company affixed thereto by the Secretary, or any Assistant Secre- r,.ry; and that the President, or any Vice President or Assistant Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, or any Assistant ice -President, may at any time remove any such Attorney -in -Fact and re- voke all power and authority given to any such Attorney -in -Pact. Resolved: That Attorneys -in -Fact may b given full power and authority to execute for anal in the name and on behalf of the company any and all bonds, seen nizaitees, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument execute by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and acres ed by rite Secretary, and, further, Attorneys -in -Fact are, hereby authorized to verify any affidavit required to be attached to b ods, recognizanees, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do w th the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, a d to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and the COMMERCIAL UNION INSURANCE "Resolved: That the signature of the Presid ture of the Secretary or any Assistant Secretary or to any certificate relating thereto appointing dertaking recognizance or other written obligation hereby adopted by the company as the original and binding upon'the company with the same fore IN WITNESS WHEREOF, the COMMERCIAI its Vice -President and its corporate seal to be hereto of jnn rye �(B sBrA ' ��'" Attest: -.. L.&jy +� M COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 12th day of February U 19 73 Bogar, Secretary of the COMMERCIAL NION IN cers described in and who executed the preceding ins duly sworn, severally and each for himself deposeth and affixed to the preceding instrument is the corporate seal officers were duly affixed and subscribed to the said instr i� rA •f tile under the authority of the following Resolution adopted by the Directors of a meeting duly called and held on the twenty-seventh day of July, 1972: t, or any Vice -President, or any Assistant Vice Prrsident, and the signa- f the Company Seal may be affixed by facsimile to any power of attorney torneys-in-Fact for purposes only of executing and attesting any bond, on - a the nature thereof, and any such signature and seal where so used, being ;nature of such officer and the original seal of the company, to be valid and effect as though manually affixed." UNION INSURANCE COMPANY, has caused these presents to be signed by ed, by its Secretary this 12th day of February 19 73 COMMERCIAL UNION INSURANCE COMPANY By Vice -President 'e me personally came John G. Thompson, Vice -President, and William D. NCE COMPANY to me personally known to be the individuals and ofB- L and they acknowledged the execution of the same, and being by me, , that they are the said officers of the Company aforesaid, and that the seal I Company and that the said corporate seal and their signatures as such by the authority and direction of off the said Company. Robert L. Marzelli — Notary (My Commission expires June 5, 1975) CERTIFICATE 1, the undersigned, Assistant Secretary of the COMMERCIAL UNION hereby certify that the foregoing power of attorney is in ful force and has Board of Directors set forth in the power of attorney are no in force. Signed and sealed at the City of Boston. Dated this 2nd 02.1 C60903 INSURANCE COMPANY, a Massachusetts Corporation, do not been revoked; and furthermore, that The Resolutions of the day of October 19 74 Assistant Secretary