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Johnson Rose CorporationPROPERTY UVELOP "1ENT ASUFr1ENT f AGREVIENT FOR FXTE ?ISI'Ir!S OF PATER !! DISTRIBUTION SYSTE',S: N. IMPROVEt'VIT OF STREET`'; I'1STALLATION OF S E DRAINS AVO 9TEIFR PURLIC WORKS FACILITIES ERS, STORM This agreement made and enter ^d into this 18thlay of December 1918. by and between the City of Gilroy, a municipal corporation. herein called the "City" and a real property owner, developer or subdivider, herein called the "Developer." WITNESSETH: PHEREAS, 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: TRACT 6482 and. WHEREAS, the developer requires certain utilities and public works facili- ties in order to service the property under the minimum standards established by the City and, UHEREAS, 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 systen, 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: SECTIOr.! 1 That all Codes. Ordinances. Resolutions. Rules and Regulations and established policies of the City and the laws of the State of California concern- ing 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 and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance 4o. 602 (Subdivision Procedure, etc.); Ordinance No. 711 (Zoning Ord.); Ordinance Plo. 1768 (1973 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. -1- SECTION 2 The Developer agrees: a. To perform each and every provision required by the per- formed by the Developer in each and every one ofsaidiCodes,bOrdi- nances 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, electricity, 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 damage 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 or 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 im- provements as set out herein, according to the 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 $_320, 000.00 and shall faithful performance of this agreement; one shall beaexecutedhln an amount no leis than 50$ 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 Improve- ment 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. 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. SECTION 3 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. SECT I O'! 4 That all the provisions of this agreement and all work to be done pu e- suant to - the . terms of this agreement are to be' completed within one-7year. from and after the date and year first above written. SECTIOi1 5 Tflat the special provisions concerning the particular real estate re- ferred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECT-10N 6 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 Vie Developer to so perform, or to pay .;:sy monies due hereunder when due shall release the City from any and all —2— . ohlig,itions hereunder and the City, it its election, may enforce the perfor- glance of any provision herchi, or any rijht accruing to the City or may pur- sue any remedy whatsoever it may have under the laws of the State of Califor- nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the event of any such default by Developer. SECT10'; 7 That the folio% ling are the estimated amounts of costa to be borne by the respective parties hereto, and It is further understood Bpd agreed that said amounts are estimated only and are subject of final determination upon comple- tion of the work. FACILITY a. Ea�emerits S Rights of way "On Site" b. Casements b Rights of way "Off Site" c. 11 ,iter 'On Site' J. !!titer ''Off Site, e. Sewer "On Site' UEVELOME'1T COSTS $ 100% CITY'S COSTS BALANCE $ -0- $ 100 $ 1000 $ -0- $ 100% $ 281.50 $ -0- $281.50 $ 10,852.73 $ -0- $10,852.73., $ 7,156.90 f. S�� er "Off Site" $ deferred __,w/_bii 1dinT _p ermit -3- $ -0- $ 7,156.90 $ -0- $ deferred 5tor�ii Dra i n:�qe $ 8,295.81 $ -0- $ 8, 295.81 . "inn S i te" h. Storm Drainage "Off Site" S 8.18809 $ -0= $ 8,188.09 i. Engineering, Inspec- tion, 6 Plan Check, 4 1 $ _ 2,800, 00 $ -0- S 12,800.00 � x $_320.000. -- J. Street Tree Planting With Building Permit k. Construction I-later, Dust Control E Earthwork 1. Street Paving n. Street Curb � Gutter n. aid(: °.iks L.. StreeL .j-!sne Signs p. Fire Hydrants "On Site" $ Deferred $ =0- $ D_ef_erred,�„ $ 528295 $ -0- $ 528.95 $ 100% -0- $ 10 -0% 100% $ -0- S 100% 100% $ -0- $100% $ 100% $ -0- $ 100 - -4- aq. Street Lighting m 100% ,4 -0- S 100% DUE C . fY BY DEVELOPER $ -48,103.98 DUE DEVELOPER BY CITY $ -0- 14ET DUE CITY 48,103.98 III IJITfIESS i1HEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City C r FOR PPROVED: City Attor ey CITY OF GILROY f �Wo / DEVELOPER BY BY DATE /ZI•,r 7� 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. _r_ CITY OF GILROY • DEVELOP11ENT COST SCHEDULE No. Date Initialed - Location of property Leavesley Road at Forest Street Assessor's Parcel # 841 01 093 Name of Applicant Johnson Rose Corporation Address P. O..Box 1358, Morgan Hill, Ca 95037 • Type of-Development Proposed R-1 Subdivision - Tract 6482 Area 10.788 Acres Storm Zone VIC11 Frontage 1406.07 feet Water Line Forest Street 50.00' Sanitary Sewer Forest Street 1406.07' Storm Drain East P.L. 1406.07' COST SCHEDULE 1. Front Foot 1"later Charges 50 LF @ 5.63 /F.F. _ $ 281.50. 2. Front Foot Sewer Charges 1406.07 LF @ 5.09 /F_F. _ $ 7156.90 3. ' Front Foot Storm Charges 1406.07 LF @ 5.90 /�. _- _ _ 8295.81 4. -- Front Foot Street Improvements `. SF @. / S.F. _ - 100% S. Front Foot curb A gutter charges 6. -Area- slater Charge 10.788 Acres @ 1006 /Ac. _ 10, 852. 73. y 7. Area Offsite Storm Drainage Fees 10,788 llcres 759 /P•cre = S 8188.09 8. Offsite Sanitary Sewer Fees t w /building permit 9. Recreation Fees @ / 10. Engineering Plan Check R Inspection 41. x 320,000 = 11. plater deter Charge Meter 0 12. Electroliers LF @ 13. Fire Hydrants LF @ 14. Construction Water 3120 /LF +10.78PAcre = 15. Street Trees 16. 17. Total = STIPULATIONS _ _ -o_w/buildinQ permit _ $ w /building permit = $ 100% _ 100% S 528.95 : it 48,103.98 S 48, 103.98 PMOITIO'JAL STIVLATIO'JS A ^i:i TEMIS TO THE MVELOPMENT AGREEPIPIT JOHNSON - ROSE BETHEP) THE CITY AND (,ORpngrAljnN DATED 12/14/78 TRACT #6482 1. Owner shall improve and dedicate for public use all right - of -way as shown on the improvement plans and tract map. 2. Owner shall provide a positive drainage swale between lots 24 and 2S to allow an escape route for flood waters in excess of the ten (10) year storm. Deeds for these two lots shall be conditioned with the following restrictions. a) The side yard of this property between lots 24 and 25 shall remain at its original grade for the purpose of allowing excess rain water to escape onto the open field behind these properties. b) No structure or heavy planting is allowed along this side yard which would block the effectiveness of said escape route. c) In the event of heavy Pacific storms of concern, the extent of flooding is normally for a short period of time and flood water recedes rapidly. 3. A minimum of 4" of the required baserock shall be in place on all streets before any building framing may begin. 4. The owner shall install improvements along the commercial property frontage on Leavesley Road and on Forest Street. Improvements shall include curbs and gutters, street paving, three (3) electroliers and grading behind the curb to create a foot path. S. Improvements offsite on Leavesley Road shall also be required to complete the curb and gutter storm drain and grading behind the curb to create a pedestrian walk area. Reimbursement for all offsite work shall be made at such time as the adjacent property develops in accord with the then current development resolution of the City of Gilroy. 6. The developer agrees to install a six foot high gate across each end of the ten residual strip of land between the easterly property lifte and the mobile park. Said gate shall be compatible with the fence material used for fencing in the residential units. 1 of 2 SIGNATURE y s 7. Owner's property is below the service grade of the adjoin - sewer mains. The owner shall install at his expense a"600 G.P.M. lift station as shown on the approved plans for the project. Said lift station shall be installed with an approved alarm system. The lift station shall become city property in exchange for the operation and maintenance of the station. At such time as the new trunk main is installed and is operational the lift station shall be removed by city crews and the sewer from the tract shall be directed into the new main. This work will be done by city crews. 2 of 2 SIGNATURE nona no. budu2dj 's Fideli ty and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: That ----------------- J -0fiaSDN- ROSE_-CORPaRATIDN------------------------------- - - - - -- as Principal, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the- ____ CLTY- _ OE_.& IL. kOY_________ _______________________________ ------------------------------------------------------------------ in the sum lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this ------------ J- &t} day of_______ jgkLE ---------- 19_8 D__ WHEREAS, mk* p,�----------------------- - - - - -- -----------------WX ---- the said - - - -- JOHNSON -ROSE _CORPQR.AT�[-QN ---------------------------------------------- p,c w t ,entered into F xt _a_ -&ffr-f-aemeri_t_for__t Q__S d v��3aA__Imi).P,ovements '4wk"= od in the construction of the ___T.naz-t__ 6452_____ _______________________________ f W'd h V.=M11lktr- xxxx -'-xxxxxx«& - - - -- WHEREAS, under the terms of the specifications for said work, the said _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __JOHNSON_ ROSE_ CQRP013A IQIq_________________is required to give a bond equal t4- .2 Q.O-Q. 00 P�'1�4 t��ifxt R '�21 � 4I to protect the ----- 11ME_ GIL$OX------------------------ against the result of faulty materials or workmanship for a period of --- o NZ _ _y_g A R _ � � - _ - - _ _ _ _ _ _ _ from and after the date of the completion and acceptance of same, namely, until--- J UNT, _ J-6 _ -19_ _ $i- NOW, THEREFORE, if the said ----------- JOHNS -QN _ RaSE __CDBPARATI_QN_______ _________ shall for aperiods - -�� -Jgpl - 1- 6,-- 1�8�------- - - - - -f 1 1 *kAr khA 9 R I N R � x �aert�x¢dacsei --------------------------------------------------------------------- replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. _ J0HNS0N _ROSE _CORPORATION ------ (SEAL) ---------------- -- --- ------------- - - - - -- -(SEAL) FIDELITY AND DEPOSIT COMPANY OF MARYLAND By CHRISTOPHER J. B K d -' - L E Y - At y ney an Fact Attest:--------------------------------------- Agent C4048(CA) -2M, 11 -77 204588 STATE OF CALIFORNIA ss: CITY AND COUNTY OF SAN FRANCISCO On this............................................ 1.5 th------- ------ -•- - --- -day of ------------------------------ L1_NE 19 $_0-, before me __ _________ ________ __'------------- - -_ -_, a Notary Public, in and for the City and County and State aforesaid, duly commissioned and sworn, personally appeared ------ _ - -. -C H R I S.T O P H E R J. B U C K L E Y known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney -in -Fact. • -- ---- ---- - --- -- --- - OFFICIAL SEAL Notary Publi n and for the State of Calif rnia, LEE MOGLIA City and County of San Francisco NOTARY PUBLIC•CALIFORNIA BR (16) — SAN FRANCISCO COUNTY San Francisco 209784 My Commission Expires May 31, 1984 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M.. PECOT , JR . , Vice - President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice - Presidents, or any one of the additional Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Christopher J. Buckley of San Francisco, California........... ............................... ...... .. . Its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings . .................. . And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own Koper persons. This power of attorney revokes that issued on behalf of Christopher J. Buckley, dated September 24, 1974. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this r d June A.D. 19. 16_. --------------------------- - - -• -- -day of----------------- - - - - -- -- - - - - -- �aaDDEPpS�'4 FIDELITY AND DEPOSIT COMPANY OF MARYLAND -��p o ATTEST: By— Assistant Secretary Vice- President STATE OF MARYLAND J ss: CITY OF BALTIMORE On this 3rd day of June A.D. 19 76 before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, 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 Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. 21 ���: ►J OTA R y'• N °: ._ =y% Pua►.ic :', °= Notary Public Commission Expires. July__.!.,,_ 1.218 n „'ORE G " CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice- Presidents spe- cial) authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the �IDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly Called and held on the 16th day Of July, 1969. RMLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this - - . -...__ .._........ 16 t h -... -day of __.._ _ JUNE- - - -- --- , 19 .... 8 -0 L1419 206396 •-- •----- ------ - - -- ----------------- Assistant ecretary riClui L t Luaea in rer.ror j e Bond. o� 60 11 1c 044 I sL .li cy PIUAIF orrtcF. O%' P-AA-t Y AND EALTMMTE, I -M 21203 oved as t Fo SUBDIVISION LABOR AND 11-1 ►ERIAL BJ. «:.City Atiomey K*,N -O 1 ALL 1,fED1 BY THESE PRESENTS: That - • WHEREAS CITY OF GILROY and JOHNSON -ROSE CORPORATION ereina_ter eszgnate as ' _ prancxpa ave enterer into az agree - r,.enr` whereby principal agrees to install .and complete certain desi3nated Public improvements, which said agreemne nt, dated 19 and ' identified as project Tract 6482 is hereby referred to and made a part hereof; and • VMREAS, Under-the terms. of said agreement, principal is required before entering upon the performance of the work, to file a good and 'Sufficient payment bond with the Cit o to- secure the- claims to which _ reference zs made in title S co.:u�encir_a -- •' with Section 3052) - of. Part 4 of Division 3 of the. Civil Code- of the State . of California. : 1110W, THEREFORE, said principal and. the undersic ned as corporate- surety, are held firmly bound unto the City .of Gilroy. 2nd'all •contractors, subcontracts, laborers, material-umen- a- R oL er perso} en- plciyed- in the perforrmance. of the -aforesaid agrzeumzrit and -referred - .to - in the of oresai d Code of Civil Procedure in the su-a of One Hundred Sixty Thousand and No /100---- - - - - -- Do t_a?-s f ) , tor. materials lu.rnis or .-abor t eicon -of any k=ind, or .for• a=mounts due under the Unerlployment Insura=nce Act with respect to such work or labor, that said surety will pay the same .3-U14- in an amount. not exceeding tha:.,amount .hereinabove set forth,_ and also in case suit is brought upon this bond, trill pay, , in' 'addition -to the - face a?7maL'nt thereof, costs and- reasonable expenses and fees including, .reasonable attorney's fees, incurred by City of Gilroy.- in successfully enforcing such obligation to be awarded and fired by the .court, and to- be taxed. as costs and to be included in the judgemerit therein rendered. -It is hereby expressly stipulated and agreed that 'this bond shall-. .inure to the benefit of any and all,- perso:?s ., comp ani�s and c orp o_-atio:?s -entitled to fi 1e claims under Title 15 (comraar:c-i ng•- with Section 3052) ' r U or Part 4 .of Division -3 . of the Civil Code, .so as to give a right of action to theta or their assigns in any suit brought upon this bond. Should the condit=io=n of this bond be fully performed, them tris. obligation shall beco me null-and void, _� othen-7ise it .shall be and remain -in full force and effect. The surety hereby stipulates and a6reas that no change, , e. �e;tsi nn of time, alteration or addition to the terms of said at reL>nent or the specifications acdompanyin- -the same shall in an r:Gnn r affect its obligations and this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrumi ani. has been duly executed by the principal and surety above named, on December 15. , 1978 FIDELfXI ` :�Pc7SI Cti.IPcl�ii' 4: Ir4R•f:�:�Lit� By: I 3J :f. E-i? 191I1i Christopher A- #fCQey Att ney -in- Fact .: STATE OF CALIFORNIA SS: CITY AND COUNTY OF SAN FRANCISCO 15th December 1978__ -., before me Onthis ------- -- -- _-- --- ---- - - -- -- --- -- -- -- --- ---- --- ---- ----- - --- -- ---day of .............................................................. _LEE•_MOGLIA _.__ a Notary Public, in and for the City and County and State Christopher J. Buckle aforesaid, duly commissioned and sworn, personally appeared ----------------------•---------•------- �----------------- •---- - -•••- ------ •- - - - --- known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as A4ba act. --- •- -••.. - -•- -•--- - ---•---- - - -• •• - -• - - - -- - -- -----•--------- ----•- OFFICIAL SEAL Notary d for the State of Ca ' orni LEE MOGLIA City and County of San Francisco NOTARY PUBLIC CALIFORNIA y'r COUNTY OF SAN FRANCISCO ; BR (16) 13 My Commission Expires May 31, 1980 San Francisco 205354 STATE OF CALIFORNIA, Santa Clara ss. County of............................................................ -- ........ •--••--••••-... .-- •---- •-- •--- ...• .. .......... . •- •- -. - -•- December in the year one thousand nine On this..... •• .................. --- -- ---......._......•....... 1_�th...........day o .....---- •• - - -- a ne n Doris M----W----y'ry--•--••--•-------------- hundred and ....... 2 V e Tlt� - 21,g11t ............. before me, ........ -.•-•---------•---•- a Notary Public, Stat f, 1' orni d ly commissioned and sworn, personally appeared ------------------------ -- ��liff W. �o�in son -- - - - - -- ......................... --............................................................. ............ - known to me to be the-- - - - - -- �. e_ a x jr ..... ............................... tru .... - of the corporation described in and that executed the within instrument, and also known n me to be the person........ who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same -------------------------------- ---- _ ---------------------------------------- ;, s a a aaa. s . . ................... . c ,t A SEAL IN WITNESS WHEREOF I have hereunto set my hand and affixed my ocea sea an e 1 County of ....... Santa _Clara. - .___________________ the day and year in this certificate l - - - -- ......... ----- - - - - - ... . t,,,,,, ,,,,_r.,:,A, 'CU.RA firstabov ritten. 9.1980 ' ................ -- --- ---- -- - - - - -- - _ ._ .... _ �-� - �s•- �; ayry � Notary Public State of California. Cowdery's Form No. 28— (Acknowledgment — Corporation). _------_---------------------- (C. C. Secs. 1190- 1190.1) Printed 11- 10.67) 8221 - 0420.1 My Commission Expires ........................ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice - President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice - Presidents, or any one of the additional Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Christopher J. Buckley of San Francisco, Californlaeee oeoeeoe0000. o. o. e............ eoo....oe.e.o...000000.00e00000 ue an aw u agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings e e e e e . o e e e e e tt e�tion of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Christopher J. Buckley, dated September 244 1974. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ------------------- Id--------------------------- - - - - -- -day of------------------- JIMe--------------------------------- A.D. 19--7x- - -- . u.t, =¢ °p' O EEPOS �4,6y FIDELITY AND DEPOSIT COMPANY OF MARYLAND C ZZ °v ATTEST: n 4 -2 4 � :coot Yi - - -- --------------------------- - ----- By Assistant Secretary Vice - President STATE OF MARYLAND SS: CITY OF BALTIMORE On this 3rd day of June A.D. 19 76 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, 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 Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. o Z,yNOTARy%,' e *: r.► : *_ ---------------- --------------------------------------- --------------------------------- -- `-�`: c, Notary Public Commission ExpiresJulyt-1-2,.--19-78- ,;7,. •P . UBL1 4 ;;d0 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN 1 gT�MONY WHEREOF, I have hereunto subscribed my name and affix d the corporate seal of the said Company, this -•----------------• II-- --- •- --......-- ----............ ...day of ......................................... 19 ---- 2255..-. L1419 —Ctf. 203432 Assistant ,8ecretary