Dilbeck and Sons, Inc.x?
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1042
PROPERTY DEVELOPMEN'r AGREEMEIN'r
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTI-I'MS:
IMPROVEMENT OF STRE1 ?TS: INSTALLATION OF SEWERS, S'rom
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 8-1 - -14
This agreement made and entered into this 6th day of August
199_, by and between the City of Gilroy, a municipal corporation, herein called the
"City" and DILBECK AND SONS INC. , a real property owner
developer or subdivider, herein called the "Developer ".
WHEREAS, a final map of subdivision, record of survey or building permit (Site
Clearance) application has now been submitted to the City for approval and acceptance,
covering certain real estate known as and called:
Assessor's Parcel No. 841 -10 -052 and
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this agreement and
WHEREAS, the City, by and through Its City Council, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of
such utilities and public service facilities after acceptance by City, and for
providing the necessary connecting system, general plant and appurtenances, and the
City is agreeing to discharge those responsibilities.
NOW THEREFORE, in consideration of the premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed
by and between the parties as follows:
SECTION I
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the City and the laws of the State of California concerning the subject
matter of this agreement are hereby referred to and incorporated herein to the same
effect as if they were set out at length herein. Said Codes, Ordinances and
Regulations include, but are not limited to, the following: the Code of the City of
Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Rey. HO -58 and 76 -47,
thereof pertaining to local Improvement
procedures in subdivision or development
respectfully): Ordinance No. 711 (Zoning Ord.): Resolution 81 -17 (1979 Uniform
Building Code): Rules and Regulations. Included in the above are all of the above
referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
gVPTTnN 9
The Developer agrees:
a. To perform each and every provision required by the City to be
performed by the Developer in each and every one of said Codes,
Ordinances and other Regulations.
b. To grant to the City without charge, free and clear of
encumbrances, any and all stipulated easements and rights of way
in and to his said real property necessary for the City in order
that its water, electricty, and /or sewer lines in or to said
real property may be extended.
c. To indemnify and hold the City harmless and free from all dan►age
and liability done to any utility, public facility or other
material or installation of the City on said real estate which
the Developer or any contractor ur subcontractor of the
Developer, or any employee thereof, shall do in grading or working
upon said real estate.
d. To construct and improve all public works facilities and other
improvements as set out herein, according to Lite standards
heretofore established, and according to the grades, plans and
specifications thereof, all as approved by the City Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 16,000.00 , and
the other shall be executed to an amount no less than 50% of the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting equipment or furnishing
labor or materials to them for the improvement hereunder,
and as provided for in Section 4200 -4210 of the Government Code
of the State of California, the Codes, Ordinances, Resolutions,
and Regulations of the City, and this agreement.
The faithful performance bond hereinabove provided for, shall by the
terms remain in full force and effect for a period of one (1) year after
the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, ti►e
Developer may furnish a maintenance bond in the amount of 10% of Lite
total contract price (with a minimum amount of one thousand dollars,
$1,000.00) to cover the one (1) year maintenance period.
e. That upon approval of the final map of the subdivision, the record of
survey or the building permit covering the real estate to be improved
and before any work is done therein, the Developer shall pay to the City
all sums, except cost to be borne by the City, shown in Section 7
thereof to be due under the terms and provisions of this agreement.
crCIPTl1N '1
That all sums shown herein to be payable by the Developer to the City are due
and payable to the City upon the execution of this agreement.
SECTION 4
That all the provisions of this agreement and all work to be done pursuant to
the terms of this agreement are to be completed within one year from and after the
date and year first above written.
S h: C'r I O N 5
That the special provisions concerning the particular real estate referred to
above, being attached hereto, are hereby incorporated herein and expressly made a
part of this agreement.
-2-
The faithful and prompt performance by the Developer of each and every term and
condition contained herein is made an express condition precedent to the duty of the
City to perform any act in connection with this transaction, and the failure, neglect
or refusal of the Developer to so perform, or to pay any monies due hereunder when due
shall release the City from any and all obligations hereunder and the City, at its
election, may enforce the performance of any provision herein, or any right accruing to
the City or may pursue any remedy whatsoever it may have under the laws of the State of
California or Lite Codes, Ordinances, Resolutions of the City, in the event of any such
default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the respec-
Live parties hereto, and it is further understood and agreed that said amounts are
estimated only and are subject to final determination upon completion of the work.
FACILITY
Engineering Map Checks
a) Subdivisons $ + $ (n)
Parcel Maps $ + $ (n)
n- Number of lots
b) Engineering Plan Check
and inspection
5% x $ 16, 000.00
c) Miscellaneous Engineer
Service
No. of hours x $ 31.00
2 hours
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)
e) Fire Hydrant Location Fee
$ for first five hydrants
+ for each additional
-3-
DEVELOPMENT COST
$ n/a
$ 800.00
$ 62.00
$ n/a
$ n/a
f) Area Water Charge $ 1,412.00
0.781 Acres @ $ 1808.00 /Acre
Acres @ $ /Acre
g) Construction Water $ 78.00
164.67 LF @ $0.40 /LF + 0.781 Acres @ $14.89 /Acre
h) Off -Site Storm Drainage
0.781 Acres @ $ 1554.00 /Acre
Acres @ $ /Acre
i) Front Foot Water Fee
Easement
146.71 LF @ $ 16.46 LF = $2,415.00
Renz 164.67 LF @ $ 16.46 LF = $2,710.00
J) Front Foot Sewer Fee
Easement
146.71 LF @ $ 11.85 LF = $1,739.00
Renz 164.67 LF @ $ 11.83 LF = $1,951.00
k) Front Foot Storm Drain Fee
Renz 164.67 LF @ $ 18.43 / LF
1) Street Improvements
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
W) Utility Pole Mounted Elea troller
164.67 LF @ $ 1.43 /LF
- -4-
$ 1,214.00
5,125.00
$ 3,690.00
E1
3,035.00
379.00
$ 235.00
n) Other
Off -site Sewer
1,000 gal /day @ $345/100 gal /day
o) Other
Water Meters
$ 3,450.00
$ 726.00
DUE CITY BY DEVELOPER S
DUE DEVELOPER BY CITY $
NET DUE CITY $
20,206.00
-0-
20,206.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
A'rTE
�4f9rYjt�c/ .
City Clerk
APPROVED:
ty Attorney
CITY OF GILROY
BY
BY
DATE
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the
corporation and the corporate titles of the persons signing for the corporation
shall appear above.
-5-
STIPULATIONS
DILBECK AND SONS, INC. AGREEMENT
1. Locate and properly dispose of any wells, septic tanks
and underground fuel facilities.
NOTE: The capping of any well will require inspection by
the Santa Clara Valley Water District.
2. Schedule the construction of improvements along existing
public roads so that the work affecting vehicular traffic
is completed with a minimum interruption to traffic.
3. All work within the public right -of -way shall be subject
to the approval of the City Engineer.
4. Install curb and gutter to City standards along the entire
property frontage.
5. Electroliers shall be installed on wood utility poles on
Renz Lane frontage.
6. Resurface Renz Lane along the property frontage. Resurfacing
shall provide 12 inches of asphalt overlay.
NOTE: Because of extensive paving, the City will not charge
the developer for existing pavement.
7. Item5 has been :.deleted in it's entirity per Salavatore Ducworth-
Lanzo Gilroy Projects Engineer, memo dated 5/14/84.
Accepted by:
Title : President
Date: July 16, 1984
I
x
CITY OF GILROY
DEVELOPMEN'r COS'r SCHEDULE
No. 83 -34
Date 9 -27 -83
Initialed SD -L
Location of Property West side of Renz Lane approximately 900 feet
north of Pacheco Pass
Assessor's Parcel # 841 -10 -052
Name of
Applicant
DILBECK
AND SONS, INC. (CHP Office)
01 -100- 1100 - 6004 -11
Subdivisions $ +$
Address
Parcel Splits $ +$
P.O. Box 9088, Salinas, CA 93912
n= number of lots
Type of
Development Proposed
5% of the Cost of Public Improvements
40 person facility
5% x $ 16,000.00
Area 34,000 Sq.Ft.
or 0.781
acres Storm Drain Area "A"
2 hours x ( $31.00 )
Street
Frontage
146.71
on easement and
164.67 on Renz
Lane
Engineering Map Check
01 -100- 1100 - 6004 -11
Subdivisions $ +$
01)
Parcel Splits $ +$
(n)
n= number of lots
Engineering Plan Check and Inspection
01 -100 -1100- 6004 -12
5% of the Cost of Public Improvements
5% x $ 16,000.00
Miscellaneous Engineering Service
01- 100 - 1100 - 6004 -13
2 hours x ( $31.00 )
Public Works Microfilming
01 -- 100 -1100- 6004 -14
$5.00 per sheet (maps and plans)
Fire Ilydrant Location Fee
()7- 720 - 1900 - 8001 -00
$ for the first 5 hydrants
+$ for each additional hydrants
Area Water Charge
03•- 300 -1300- 7203 -00
0.781 Acres @$ 1808.00 /acrd.
Acres @$ /acre
$ n/a
ONEENNI&I
$ 62.00 _
$ n/a
$ n/a
$ 1,412.00
Construction Water 07 -12t -1900- 8'.)01 -00 $ 78.00
164.67 LF @$ 0.40 /LF+ 0.781 Acres 0 $ 14.89 /acre
Oft -Site Storm Drain Fee
Area
"A"
$
1,554.00 /Acre
Area
"A -1
"$
/Acre
Area.
"H"
$
/Ac re
Area
"C"
$
/Acre
Area
"D"
$
/Acre
Area
"L."
$
/Acre
Area "F" $ /Acre
Area "Q" $ /Acre
0.781—Acres @$1,554.00./Acre
Acres @$ /Acre
Front Foot Charges
02- 22U- 1300 - 7202 -00 $ 1,214.00
02-220- 1300 - 7202 -01 S
02- 221- 13UU- 72U2 -i)U S
02- 222 - 1300 - 7202 -00 $
02- 223 -1300- 1202-00
02- 224 -1300- 7202 -00 $
02- 225- J'IUU- 7202-00 $
02- 226 - 1300 - 7202 -00 $
Wood Pole Hounted Electrolier
164.67 LF @$ 1.43 /LF
Public Works Cash Honda and Oeposita
01- 100 -1100- 6004 -00 $
08- 800- 1100 - 6004 -02 $
235.00
other Off -site Sewer $ 3,450.00
40 people @ 25 gal /person /day =
1,000 gal /day @ 345/100 gal /day used = $3,450.00
Other Water Meters $ 726.00
2" W.M., Curb Stop, Stop & Tap = $403.00
1Y" W.M., Curb Stop, Stop & Tap = $323.00
TO'rAL $ 20,206.00
NO'T`E: All deterred fees are payable at Lke rate In eftect at tiiue of payment.
-2-
Water
02- 230 - 1300 - 7204 -00
$ 5,125.00
Easement
146.71 LF @$
16.46
/LF
= $2,415.00
Renz
164.67 LF @$
16.46
/LF
= $2,710.00
Sewer
02- 230- 1300 - 7205 -00
$ 3,690.00
Easement
146.71 LF @$
11.85
/LF
= $1,739.00
-
Renz
164.67 LF @$
11.8
/LF
= $1,951.00
Storm Drain
02- 230 -1300- 7207 -00
$ 3,035.00
Renz
164.67 LF @$
18.43
/LF
= $3,035.00
Street lmprovements
02 -23U -1300- 1207 -0U
$ 379.00
Paveu►ent
SF @$
/SF -$
See Stip #6
Curb 6 Gutter
LF @$
/LF' -$
By Devleloper
Sidewalk
SF l$
/Sh'-$
n/a
Cal. Pole
Electrolier
LF @$
/LF' •$
n/a
Electrolier
Conduit
LF @$
/L F-$
n/a
Fire llydrant 164.
67LF @$
2. 30 /LF -$
379.00
Wood Pole Hounted Electrolier
164.67 LF @$ 1.43 /LF
Public Works Cash Honda and Oeposita
01- 100 -1100- 6004 -00 $
08- 800- 1100 - 6004 -02 $
235.00
other Off -site Sewer $ 3,450.00
40 people @ 25 gal /person /day =
1,000 gal /day @ 345/100 gal /day used = $3,450.00
Other Water Meters $ 726.00
2" W.M., Curb Stop, Stop & Tap = $403.00
1Y" W.M., Curb Stop, Stop & Tap = $323.00
TO'rAL $ 20,206.00
NO'T`E: All deterred fees are payable at Lke rate In eftect at tiiue of payment.
-2-
UNITED PACIFIC INISURANCL COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
PERFORMANCE BOND
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That
Bond Nox 50 70 89
Dilbeck & Sons, Inc.
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation authorized to
execute bonds in the State of California, as Surety, are held and firmly bound unto
City of Gilroy
as Obligee, in the sum of Sixteen Thousand Dollars and No /100ths .....................
Dollars ($ 16, 000.00 .......... )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a
contract, dated , 19 , with the Obligee
to do and perform the following work to -wit:
Assessor's Parcel No. 841 -10 -052
Offsite Agreement as described on
Property Development Agreement No.83 -34
NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and
effect.
Signed and sealed this 9 th
n
day of July 1 19 84
/DILBECK AND SONS, INCORPORATED
`-,.-) ca r ✓ (Seal)
Wayne Dilbeck- President
UNITED PACIFIC INSURANCE COMPANY
By e Attorney -in -Fact,
Brian K. Hart,
State of California,
l SS:
County of Santa Clara f
On this 9th , day of July in the year 84 , before me Notary of Public
personally appeared Brian K. Hart , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name isy scribed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledged tome that UNITED PACIFIC INSURANCE COMPANY
executed the instrument.
My Commission expires —
BDU -1818 ED.6/83 (CALIF.)
,19
Notary Public in and for said County
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, doe hereby make, constitute and appoint
BRIAN K. HART of SAN JOSE, CALIFORNIA - --
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - - - - --
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the some extent as if such bonds and undertakingsand other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shell have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (bl
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertaking,,, racognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not
been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile oaf shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate
seal to be hereto affixed, this 7th day of December t9 83
i
o°r� UNITED PACT fc INSURAN OMP NY
` SEAL _ 7
� ins %
xaMwc�tl, ( X o ta
Vice President
STATE OF Washington
COUNTY OF King a'
On this 7th day of December .19 83 personally appeared Charles B. Schmalz
to me known to be the Vice - President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article V11, Section 1, 2, and 3 of the By -Laws of said Company, and the
Resolution, set forth therein, are still in full force. _
zvMy Commission Expires:
• :.,. )o
July 20 19 86 e ; " ":: otar Public in and for State of Washington
y,SY y
Residing at Milton
1, Charles J. Falskow , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by aid UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the sal of said Company this 9th day of July 1984
ixw
f seat 1
BDU -1431 Ed. 4/80 Assistant Secretary
rn�
• UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
PAYMENT BOND
CALIFORNIA - PUBLIC CONTRACT
Bond No.0 50 70 89
roved as o F rm;
City ;aio ruy
KNOW ALL MEN BY THESE PRESENTS, that Dilbeck & Sons, Inc.
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author-
ized to execute bonds in the State of California, as Surety, are held and firmly bound unto
City of Gilroy
as Obligee, in the sum of Eight Thousand Dollars and No /100ths ........................
..................................................... ..'Do Ilars($8,000.00 .......... ).
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
The Condition of the above obligation is such that, Whereas the Principal on the day
of 19 , entered into a contract with the Obligee for
Assessor's Parcel No. 841 -10 -052
Offsite Agreement as described on
Property Development Agreement No. 83 -34
NOW, THEREFORE, if the above - bounden Principal or his subcontractors fail to pay any of the
persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant, 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 this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181
of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Signed and sealed this 9th day of July 19 84
BDU -2804 ED. 5/72 (CALIF.)
DILBECK AND SONS, INCORPORATED
..... ...............................
. ...... ..�
Wayne DFilbeck— President
UNITED PACIFIC INSURANCE'COMPAN'Y
By ...... -... l
Brian K. Hart Attorney -in -Fact
State of California,
County of
Santa Clara
1 SS:
On this 9th —' day of July in the year 84 , before me Notary of Public
personally appeared Brian K. Hart , personally known to me (or proved to me
,on the basis of satisfactory evidence) to be the person whose name is st6wibed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that UNITED PACIFIC INSURANCE COMPANY
executed the instrument.
rx�
My Commission expires —
BDU -1818 ED. 6/83 (CALIF.)
,19
Notary Public in and for /said `County
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint
BRIAN K. HART of SAN JOSE, CALIFORNIA - --
its true and lawful Attorney -in -Fact, to mate, execute, seal and deliver for and on its behalf, and as its act and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have Dower and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subiect to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof .
The corporate seal is not necessary for the validity of any bonds and undertaking >, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not
been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate
seal to be hereto affixed, this 7th day of December 19 83
.c
al UNITED PACT tC INSURAN OMP NY ,
Vice President
STATE OF Washington
COUNTY OF King ss
On this 7th day of December .19 83 personally appeared Charles B. Schmalz
to me known to be the Vice - President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article V11, Section 1, 2, and 3 of the By -Laws of said Company, and the
Resolution, set forth therein, we still in full force.
My Commission Expires:
July 20 lg 86 ^'oµ W; ,•,.• Notary Public in and for State of Washington
Milton
Residing at
1, Charles J. Falskow , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the east of raid Company this 9th day of July 19 84
M4 1__) � k.
s
s� Assistant Secretary
BDU-1431 Ed. 4/80