Loading...
1996-0416_CAPISTRANO TUTOR TIME LP_MemoMEMORANDUM TO: George'Arm Scott, Department Public Works - Water FROM: Dawn M. Schanderl, Deputy City Clerk W �- DATE: December 1, 1997 SUBJECT: Reference Memo dated November 18 1997 Current Agreements Transferred to C4 Clerles Office SACRA JOINT POWERS AGREEMENTS AND ADDENDUM Received Amended and Restated Joint Exercise of Powers Agreement Creating South Orange County Reclamation Authority, however, Addendum No. 1-4 refer to the Agreement "Joint Exercise of Powers Creating South Orange County Reclamation Authority dated September 5, 1991 not the Amended and Restated agreement received. Please forward the September 5, 1991 agreement to our office. PACIFIC POINT PARTNERS Assignment of Water Facilities Construction and Service Agreement references under Recitals, No. A, the Agreement for Purchase and Sale of Real Property and Escrow Instructions dated February 25, 1997 and First Amendment to Purchase and Sale Agreement dated March 31, 1997. Please forward these two (2) agreements to our office. 3. 'L A TI i i QR T Agreement for Construction of Water Facilities, page 6 and 7, requires insurance andend6 Bement. Please forward. 4. DANIEL BOYLE ENGINEERING, INCORPORATED Agreement for Engineering Services, pages 9 and 10, requires insurance and endorsement. Please forward. 5. HENRY KUMAGAI, Capistrano Tire, Agreement for Water Facilities, page 4 requires faithful performance bond in the amount of $10,000 and on pages 6 and 7 requires insurance and endorsement. Please forward. THE ESTATES OF SAN JUAN CAPISTRANO (TOLL BROTHERS)_ Agreement for Construction of Water Facilities for Tract 13726, pages 6 and 7 requires insurance and endorsement. Please forward. SAN JUAN VILLAS. L.P. Agreement for Construction of Water Facilities, pages 5,6, and 7 requires insurance and endorsement. Please forward. George'Ann Scott November 26, 1997 Page 2 8. MARBELLA VILLAS LLC Agreement for Construction of Water Facilities was not on your list but included. Pages 6 and 7 require insurance and endorsement. Please forward. 9. CORAL PROPERTIES Agreement for Construction of Water Facilities. There should be five (5) amendments and I only received the 5th amendment. I will need amendments 1 through 4. Please forward amendments 1 through 4 to this office. 10. LUSK Agreements - Do you have any paper work such as board minutes or assignments etc.... regarding when Lusk Company turned over development for Tracts 13866*, 13437, 13865, 13436 to Taylor -Woodrow? Regarding Tract 13866 - Agreement for Construction of Water Facilities with Lusk Co. and $679,000 in the name of Lusk. Should this bond be replaced with one from Taylor - Woodrow? cc: Craig Harris, Senior Engineering Technician AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES THIS AGREEMENT, dated this 16th day of April, 1996, by and between CAPISTRANO TUTOR TIME L.P. hereinafter called "Developer", and CAPISTRANO VALLEY WATER DISTRICT, hereinafter called "District". WITNESSETH: WHEREAS, Developer wishes to obtain water services from District for property known as 31711 San Juan Creek Road, and District requires the construction and dedication of water facilities by Developer as a condition of providing said water services; and WHEREAS, Developer has prepared and submitted to District a set of improvement plans for said water facilities, and WHEREAS, District desires to insure that said water facilities are installed in accordance with District's standards and specifications. that: NOW, THEREFORE, it is hereby agreed by and between Developer and District I. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within 365 consecutive calendar days after the above date of this Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "WATER IMPROVEMENT PLAN FOR TUTOR TIME CHILD CARE FACILITY" as approved by the District Engineer and the City Engineer of the City of San Juan Capistrano and on file with said City and by reference made a part of this Agreement as though fully set forth herein. P:1ENGlD V LP%SP\TUTORTM\AGMT.DOC AGREEMENT . Page 1 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. April 16, 1996 2. Developer shall construct said water facilities in accordance with the approved plans, District's standard specifications and under District's inspection, and shall indemnify and hold harmless District, its agents, and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 3. If Developer has not completed the work within 365 consecutive calendar days after the above date of this Agreement, District has the right to call the security for faithful performance and complete the work. Any work performed after said 365 consecutive calendar days, whether by Developer, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed. 4. The security shall remain in effect for a minimum of 365 consecu- tive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. If. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by P:%ENG%DVLPISPITUTORTM\AGMT.DOC AGREEMENT - Page 2 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. Aprl 16, 1996 Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. 3. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. 4. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. III. FEES, CHARGES, AND SECURITIES 1. Developer shall, prior to the execution of this Agreement, pay District the following sums: (a) $978.25 for the costs of District's plan review, inspection of construction and the control thereof, and for the testing of materials, which sum is based upon the estimated construction cost of $15,050. P:1ENGIDVLPISP%TUTORTMkAGMT.DOC AGREEMENT - Page 3 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. April 16, 1996 (b) $625 for the furnishing and installation by District of all permanent water meters, which sum is based upon the following number and size of meters: one 1 -inch non- domestic irrigation and one 1 112 -inch domestic. (c) $13,204.10 for Capital Improvement Charges ($1.30 per square foot of building area), which sum is based upon 10157 square feet. (d) $812.56 for Water Storage Charges ($0.08 per square foot of building area). (e) $5,527.88 for Water Capacity Charge, based at the rate of $796,900 per cfs of maximum day demand. It was determined that the additional maximum day demand generated by the project is .00718 cfs. 3. In addition to the above sums, a surety bond to secure the faithful performance of this Agreement in the sum of $16,600 is hereby approved. 4. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, and Meter Fees for the additional development shall be paid prior to additional service being provided. IV. GUARANTEE Developer hereby guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse District for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by District within the aforesaid guarantee period. PAENG\D VLP%SP\TUTORTMVIGMT.DOC AGREEMENT - Page 4 0 0 Agreement for Construction of Water Faclities Capistrano Tutor Time, L.P. April 16, 1996 V. GENERAL 1. Developer hereby offers to dedicate to District the water facilities together with necessary easements. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. VI. PREVAILING WAGE Developer shall pay the prevailing rate of hourly wages and rates or legal holidays and overtime. Developer shall, accordingly, pay as a penalty to the District the sum of Twenty-five Dollars (525.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage under this contract, by Contractor and/or any subcontractor. VII. COMPLIANCE WITH PUBLIC CONTRACTS LAW The District is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of P:\ENWDVLMSP\TUT0RTM\AGMT.D0C AGREEMENT - Page 5 0 9 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. April 16, 1996 law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied by Contractor. Vlll. INSURANCE AND INDEMNIFICATION 1. Comprehensive General Liability Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: ► $500,000 property damage; ► $500,000 injury to one person/any occurrence/not limited to contractual period ► $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: ► $500,000 property damage; ► $500,000 injury to one person/any occurrence/not limited to contractual period ► $1,000,000 injury to more than one person/any one P:\ENG\DVLP\SP\TUTORTM\AGMT.DOC AGREEMENT - Page 6 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. April 16, 1996 occurrence/not limited to contractual period. 3. Worker's Compensation If Developer employs employees to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the District Developer shall provide an endorsement to District establishing that District has been legally added as an additional insured to the insurance policies required under this Agreement. Developer shall indemnify and hold District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors, omissions, or negligent acts of Developer, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. P:\ENG\DVLP\SP\TUTORTM%AGMT.DOC AGREEMENT - Page 7 Agreement for Constriction of Water Facilities Capistrano Tutor Time, L.P. Apri 16, 1996 IX. CITY BUSINESS LICENSE Developer will maintain a license to do business in the City of San Juan Capistrano. X. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the District. District shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, District shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. XI. INDEMNITY Developer shall be responsible for all injuries to persons and for damages to real or personal property of the District, caused by or resulting from any activity or operation of Developer, its employees or its agents during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify District and all officers and employees of the District from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. XII. DEVELOPER NOT AN AGENT Except as District may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the District in any capacity as an P:%ENG%DVLP%SP\TUTORTM%AGMT.DOC AGREEMENT - Page 8 Agreement for Construction of Water Facilities Capistrano Tutor Time, L -P. April 16, 1996 agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind District to any obligation. P:\ENG\DVLP\SP\TUTORTMWGMT.DOC AGREEMENT- Page 9 Agreement for Construction of Water Facilities Capistrano Tutor Time, L.P. April 16, 1996 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of ten pages, on the above date. ATTEST: Jerk the Board of Directors ATTEST: (NOTARY: ATTACH CA ALL-PURPOSE ACKNOWLEDGEMENT HERE( APPROVEDS TO ORM: A Ric and . Denhalter, District Counsel P:\ENG\DVLP\SPkTUTORTM\AGMT.DOC "DISTRICT" CAPISTRANO VALLEY WATER DISTRICT ChaiarrTdii of the Board of Directors "DEVELOPER" Capistrano Tutor Time Limited Partnership, a California Limited Partnership 100 West Broadway, Suite 990 Glendale, CA 91210 (818) 409-0115 By: GFG Equities Limited Partnership, a California Limited Partnership Its: General Partner By: GFG Properties, Inc., a California Corporation Its: eneral P rt e By: Robert W. K p' ger Vice President AGREEMENT - Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of l Countyof On �Q_ nom` l q%2 before me, } DATE i1 personally appeared TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" No. 5907 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is/am— subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hiskh-tr/their authorized capacity(i_s , and that by his/leer/thetr signature(A on the instrument the person, or the entity upon behalf of which the person(srr acted, executed the instrument. 3 PENNY L. JOHNSON -HUNTER - COMM. s 1031665Z ESS my hand and official seal. Notary Public — California y 1/ / LOS ANGELES COUNTY My Comm. Expires JUL 3, 1998 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORAT OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(I DESCRIPTION OF ATTACHED DOCUMENT f �" C)r,D 10 NUMBER OF PAGES 4�110 icl to DATE O'P DOCUMENT RtiGtit� � SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 L . ,BOND NO. 419817S EXECUTE® IN TRIPLICATE PREMIUM: $598.010 KNOW ALL MEN BY THESE PRESENTS: CAPISTRANO TUTOR TIME DEVELOPERS INSURANCE COMPANY That we, as Principal, and CALIFORNIA LIMITED PARTNERSHIP CALIFORNIA Corporation, created, organized, and existing and by virtue of the laws of the State of duly licensed to transact a general surety business in the State of California, as Surety, are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of SIXTEEN THOUSAND SIX HUNDRED & 00/100 DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment ($16,600.0 well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following, to -wit: Construct and install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on Q➢ril 16. . 1996, by and between CAPISTRANO VALLEY WATER DISTRICT, and CAPISTRANO IMIITED PARTNERSHIP,ME a copy of which is attached hereto and made IMI TED PARTNERSHIP NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the work described in said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said District by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this2$Tdlay of MARfH 1996_. LIMITED PPAARTNERSHIP,1EA CALIFORNIA LIMITED PRINCIPAL: PARTNERSHIP (SEAL) By: (SEE ATTACHED SIGNATURE PAGE) (SEAQ The premium an this bond is $ 398.00 DEVELOPERS INSURANCE COMPANY SURETY: �� Byt z e!t'— =�a6� Attorney In Fact DIRK T. DEGRAW Mailing Address of Surety: 1425 W. FOOTHILL, STE. 120 CA -97797 (Executed in Triplicate) 0 SIGNATURE PAGE Capistrano Tutor Time Limited Partnership, a California Limited Partnership By: GFG Equities Limited Partnership, a California Limited Partnership Its: General Partner By: GFG Properties, Inc., a California Co=ration Its: By: Robert W. Kl Vice President C*LIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino On me, personally appeared 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 same in his/her/their authorized capacity(ies), and that the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) •� N H w H tl M ro p R ro ro� H � ro Mss 4 n ro ZFRANCES LEFLER " Z COMM. #1058976 S '�' NOTARY PU RLIC CALIFORNIA P ;- SAN Ex COUNTY P % My Comm.mm. Exp. May 14, 1999 Signature of Nota Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Limited and and General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. ICAs/Iawv 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of �_(A\ �40 r ittF1 County of Lam On before mepneu� DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NPUBUC personally appeared � Q tl �\'q.� OTAR 9e r OF Upersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence No. 5907 to be the person) whose name( is/ar-e- subscribed to the within instrument and ac- knowledged to me that he/si;lreA46r-executed the same in his/hef/ttrelt authorized capacity($W, and that by his/ham/Nte+r signatureoo on the instrument the person*, or the entity upon behalf of which the person(&) acted, executed the instrument. ++ WITNESS my hand and official seal. PENNY LJOHNSON-HOMER ,` COMM. # 1031665 z Z : 'Rs Notary Pub9c — California LOS ANGELES CO My Comm. Expires JUL 3, 3. 1 1998 /SIGNATURE OF NOT 7 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFI R TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1-1ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA EOFPERSON(S) ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT t1C)O�A R I`7S TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMiD ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remme[ Ave., P.O. Box 7184 - Canoga Park, CA 91 309-71 84 )L POWER OF ATTORNEY OF 4 INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 185824 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996, 2. This Power of Attorney is void it altered or If any portion is erased. 3. This Power of Attorney is void unless the seal is readable. the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Afro rney(s)-In-Fact, but Should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Dirk T. DeGraw*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, setf-insurer's bonds, fidelity bonds or bail bonds. Thi; Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the afforney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this tat day of April, 1993, INDEMNITY COMPANY OF CALIFORNIA By Da a F. Vincenti, Jr. President ATTEST By — Walter Crowell Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By Dan F. Vincenti, Jr. oV'P ANF o President S �u s ugyh {O4pPPCR�r o 4,P OPFORR p 1 ! o ¢ is � r•` z OCT t. r ATTEST NAR 2T, 0 y 1991 o i 1819 � �c'tlroaP•�a _��fjd�'4_ct�" u+tiro¢P�FF+ By Walter Crowell Secretary On April 1, 1993, before me, Tiress Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. v f OFFICIAL SEAL Signature2j{j TIRESATAAFUA _ c NOTAriY PUBLIC =3$}i P CALIFORNIA PRINCIPAL OFFICE IN .1N4N1NMN ORANGSCOI/NTY My Comrrission Exp. Avg. 4, 1995 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Atto��// r��rnr''eyy``,'are in force as �off qtthe� date of this Certificate. This Certificate is executed in the City of Irvine, California, this2S�—day of {{of���. , 199,/x.. INDEMNITY COMPANY OF CALIFORNIA �P ANF- DEVELOPERS INSURANCE COMPANY rNSU ogOpP9R�p^' �PSOpPCR��1n i 4 It n � O� OCTA C Yl,a 2l. o 1961 By .-6� w 1818 D L.C. Fiebi er n a L.C. Fiebiger �+ n Senior Vice President 'Fi'//rupp j� Senior Vice President 1r0 ap�F�� ID -310 REV. 4/93