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CONTRACT 1497 OtherAGREEMENT FOR �r SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into this 17th day of August 1976, by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City," and SEPULVEDA PROPERTIES, INC., a California corporation, hereinafter referred to as "Owner -Developer," both of whom understand as follows: RECITALS: Owner -Developer has applied to the Director of Planning for approval of a parcel map (hereinafter called "Map") entitled "Parcel Map No. 6684" (Division of Land No. 7-76) being a sub- division of a portion of the southwest quarter of Section 7, Township 3 South, Range 14 West, in the Rancho Sausal Redondo, in the City of E1 Segundo, County of Los Angeles, State of California, as per map recorded in Book 1, Pages 507 and 508 of Patents, in the Office of the County Recorder of said County. Owner -Developer has requested that the Map be approved, and that the construction of the following improvements be delayed until development of Lots #1, #2 and #3 to which the same are appur- tenant or at such earlier time as deemed necessary by the Director of Public Works of the City of E1 Segundo: (a) 5' sidewalk and appurtenances along the southerly boundary of Lot 3; (b) 12' street widening, including asphalt paving and concrete curbs, gutters and appurtenances, along the north side of Grand Avenue, between Continental Boulevard and Owner -Developer's east boundary line. (c) 5' sidewalk and appurtenances along the westerly boundary of Lot 1, between Grand Avenue and Owner - Developer's north boundary line. (d) A minimum of 48' of asphalt paving and concrete curbs, gutters, 5' concrete sidewalk on both sides and appurtenances, on the 84' right-of-way to the Owner - Developer's north boundary line. (e) The extension of all needed utilities. Such improvements are hereinafter called "Su_bdivision Improvements." The land encompassed by the Map is hereinafter called "subdivision." Owner -Developer has filed the Map with the Director of Planning; on March 10, 1976 such Map was approved pursuant to the "El Segundo Municipal Code" and the Subdivision Map Act of the State of California; by its Resolution No. 890 , the El Segundo Planning Commission granted a delay in the construction of the Subdivision Improvements until the development of Lots #1, #2 and #3 or at such time deemed necessary by the Director of Public Works of the City of El Segundo. NOW, THEREFORE, for and in consideration'of the approval of the Map, and the grant of the aforesaid delay, and in order to insure satisfactory performance by the Owner -Developer of Owner - Developer's obligations under the "El Segundo Municipal Code" and the Subdivision Map Act of the State of California, the parties hereto agree as follows: 1. Performance of Work. Owner -Developer will do and perform, or cause to be done and performed, at Owner -Developer's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within (and/or without) the subdivision, to wit: (a) Grading: Grading shall be completed as shown on a grading and street construction plan approved by the City Engineer. - 2 - (b) Streets and Sidewalks: Streets and sidewalks shall be constructed in accordance with Plans and Specifications prepared by the Owner -Developer and approved by the City Engineer. and Owner -Developer shall also do all work and furnish all materials necessary in the opinion of the City Engineer, and on his order, to complete the improvements in accordance with the Plans and Specifications to be prepared as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. Con- struction of the subdivision improvements shall not be required until the development of the lots or at such time deemed necessary by the E1 Segundo City Staff. 2, Improvements Guaranteed. Owner -Developer shall guarantee such improvements for a period of one year following the completion by Owner -Developer g and acceptance by City against any defective work or labor done, or defective materials furnished, in the performance of this Sub- division Improvement Agreement by Owner -Developer. 3. Work; Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon plans and specifications therefor, to be approved by City Engineer and to the satisfaction of said City Engineer. 4. Work; Notification of Commencement; Time of Completion. At least fifteen calendar days prior to the commencement of work hereunder, Owner -Developer shall notify City Engineer in writing of the date fixed by Owner -Developer for commencement thereof, so that City Engineer shall be able to provide services of inspection. City hereby fixes the time for the completion of said work to be at the time of development of both lots or within - 3 - ninety days after written demand from the City Engineer, whichever occurs first, provided that the City Engineer certifies in such written demand that in his opinion the construction of the sub- division improvements is necessary. 5. Re airs and Replacements. When constructing the subdivision improvements, Owner - Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes shown on the Map which have been destroyed or. damaged, and Owner -Developer shall replace or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall P be to the satisfaction, and subject to the approval, of the City Engineer. 6. Location of Utility Lines - Utility Easement. Utility lines, if any, including but not limited to electric, communications, and cable television shall be placed underground. 7. Permits; Compliance with Law. } Owner -Developer shall, at Owner -Developer's expense, obtain all necessary permits and licenses for the construction of the subdivision improvements, give all necessary notices and pay all fees and taxes required by law. 8. Superintendence by Owner -Developer. Owner -Developer shall give personal superintendence to the work on the subdivision improvements, or have a competent - 4 - foreman or superintendent satisfactory to the City Engineer on the work at all times during progress, with authority to act for Owner -Developer. 9. Inspection by City. Owner -Developer shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. 10. Improvement Security for Improvement of Subdivision Improvements. Concurrently with the execution hereof, Owner -Developer shall furnish improvement security as required by Section 66499 of the Government Code of the State of California and Chapter 19.04 of the E1 Segundo Municipal Code in the amount of 1160,000 ; and in addition thereto, Owner -Developer shall provide that improve- ment security in the amount of $16,000 be retained for a period of one year after completion of the work and acceptance thereof by City to provide for the improvement guaranty as required in Para- graph No. 2 of this agreement. 11. Hold -Harmless Agreement. Owner -Developer hereby agrees to, and shall, hold City and its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner - Developer's or Owner -Developer's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Owner -Developer or by any of Owner -Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Owner -Developer or any of Owner -Developer's contractors or subcontractors. Owner - Developer agrees to, and shal•1, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits,or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: - 5 - (a) That City does not, and shall not, waive any rights against Owner -Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Owner -Developer of any of the insurance Policies described in Paragraph 12 hereof. (b) That the aforesaid hold -harmless agreements by Owner -Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid opera- tions referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of, plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. Owner -Developer's Insurance. Owner -Developer shall not commence work under this agreement until Owner -Developer shall have obtained all insurance required under this paragraph and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Owner -Developer allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. (a) Worker's Compensation -Insurance: Owner -Developer shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Owner -Developer's employees employed at the site of improvement, and in case any work is sublet, Owner -Developer shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Owner - Developer. In case any class of employees engaged in work under this agreement at the'site of the project is not protected under any Worker's Compensation law, Owner -Developer shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Owner -Developer hereby indemnifies City for any damage resulting to it from failure of either Owner - Developer or any contractor or subcontractor to take out. or maintain such insurance. (b) Liability Insurance. Owner -Developer shall fur- nish the City a policy or certificate of comprehensive general and liability insurance in which the City is the d named insured or is named as an additional insured with the Owner -Developer. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the City shall be the insured or named as an additional insured covering all operations of the Owner -Developer, whether liability is attributable to the Owner -Developer or the City. The Owner -Developer may file with the City a satisfactory "blanket coverage" policy of insurance. The policy shall insure the City, its officers, and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work. The policy shall provide the following minimum limits: Bodily Injury ............ $300,000 each occurrence Property Damage...... .... $100,000 each occurrence $300,000 Aggregate operations $300,000 Aggregate products & completed operations $300,000 Aggregate contractual $300,000 Aggregate protective - 7 - 1�9 In the event that any of the aforesaid insurance Policies provided for in this Paragraph 12 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross -liability endorsement, insuring on such policy City, its elective and appoint- ive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor perform- ing work covered by this agreement. 13. Evidence of Insurance. Owner -Developer shall furnish City prior to commence- ment of work on the subdivision improvements, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least thirty days' notice by registered mail, of the cancellation, expiration or reduction in coverage of any policy during the effective period of this agreement. 14. Title to Improvements. Title to, and ownership of, subdivision improvements constructed hereunder by Owner -Developer shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Re air or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Owner -Developer, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement, or the specifications referred to herein, Owner -Developer shall without delay and without any cost to City, repair or replace or reconstruct any defective or other- wise unsatisfactory part or parts of the work or structure 8 Should Owner -Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Owner -Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Owner - Developer shall pay to City the actual cost of such repairs plus fifteen percent. 16. Owner -Developer not A ent of Cit . Neither Owner -Developer nor any of the Owner -Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner -Developer's obligations under this agreement. 17. Notice of Breach and Default. If Owner -Developer refuses or fails to obtain prose- cution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, i or any extensions thereof, or fails to obtain completion of said work within such time, or if Owner -Developer should be adjudged a bankrupt, or Owner -Developer should make a general assignment for the benefit of Owner -Developer's creditors, or if a receiver should be appointed in the event of Owner -Developer's insolvency, or if Owner -Developer, or any of Owner -Developer's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Owner -Developer and Owner -Developer's surety of breach of this agreement, or of any portion thereof, and default of Owner -Developer. 18. Cost of Enqineerinq and Inspection. Owner -Developer shall pay to City the actual cost to City for all engineering, inspection, and other services furnished by City in connection with the subdivision improvement . - 9 - 19. Breach of Agreement; Performance b Surer or City, In the event of any such notice, Owner -Developer's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety, within ten working days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Owner - Developer and Owner -Developer's surety shall be liable to City U for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take pos- session of; and utilize in completing the work, such materials, appliances, plant and other property belonging to Owner -Developer as may be on the site of the work and necessary therefor. i 20. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Engineer, City of E1 Segundo, City Hall 350 Main Street, E1 Segundo, California 90245. Notices required to be given to Owner -Developer shall be addressed as follows: Sepulveda Properties, Inc., 2251 East E1 Segundo Boulevard, E1 Segundo, California 90245. Notices required to be given to the surety of Owner - Developer shall be addressed as follows: Mr. L. E. Grattan„ Jr., Standard Odl Compar�v of California P. C�, Box 3495 San Francisco Cali - 10 - Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF, the Parties have caused this instrument to be executed this 17th day of August° 1976. ATTEST: 21-a City ClerT_ (SEAL) Approved as to form: STATE OF CALIFORNIA, COUNTY OF LOS ANGFLES Of-FICIAL SEAL _R'NC�PAL OFFICE IN CITY OF EL SEGUNDO, CALIFORNIA 3EPULVEOA PROPERTIES, INC., a California Corporation (Owner -Developer) ss before me, the undersi ed a Notary Public in and to[ said State, personally appeared known tonmmbethe President and Asst. S,ecrellt_��,ry the Corporation that executed the within Instrument, known to 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. WITNESS my hand and official seal. 401 UNITED 11,, TjrrE:I:) PACIFIC INSURANCE HOME OFFICE, TACOMA, WASHINGTON SUBDIVISION BOND Bond No. U805120-2Ci KNOW ALL MEN BY THESE PRESENTS, that we S-4PTJLVEDA 1� RU Zi C .......... as Principal, and UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, a Washington Corporation, authorized to do business in the State of q!tLIFORNIA as Surety, are held and firmly bound unto CITY OF EL SEGUNDO ... . . . .......... as Obligee, in the penal sum of CNT -Z HUNDRED SIXTY TROU LID jLLD - i, Lo 2 �()() --- ($ 160,000.00 DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, S&FTJLUIADA 1 fhC—L . ................ has agreed to construct in 3cn,ft�h, J�'i"r,) 3 1-4 West, in the Ranch Sausal Redondo, in the City of El Sepund.oCoun""y of Los �'J!14zel 0,. '13'tata Okca�"'Cd i2a �12_1 ' Patents, in the Officecf the County Recorder of said 0n11-n+'y_ —Subdivision, in the following improvements: _EXLaUainn_mL±!m1-Linantal Blvd., northerly from Grand Avenue to the north property line of Sepulveda Properties, Inc. Viler Exhibit I at-hached �in Qthaj'-� 5 , ��L_11 I —d b ulnr' 1. .'he' Agreement between the City of El Segundo and Sepulveda Properties, Inc., dated AL3guat 18. 1926,_ State of California County of SAN FRANCISCO On AUGUST 12 1976 , before me, the undersigned, a Notary Public in and for said County, personally appeared _.14. "S"Usk -_ . known h to me to be the person whose name is subscribed to It ft�; , he within mstrurnent as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that E) he subscribed the name of UN ITED PACIFIC INSURANCE COMPANY, as Surety, and h off own name as Attorney -in -Fact, IZABE! LA TONIALA 4 07 t'ul L I C -'A L IF0, ;VIA CIFY AND COUNTY OF SAN FRANCISCO My Commission expi '3:res My Commiss on Ex July 1191979 Zf 2 BDU-1818 ED. 3/72 (CALIF.) Nc' Public in and or sWd Count ­— UNITED PACIFIC INSURANCE OOMI=ANY HOME OFFICE, TACOMA, WASHINGTON Bond No. U805120-24-1 PAYMENTBOND CALIFORNIA -PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS, that SFQULVEDA PROPERTIES, 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 THE CITY OF EL SEGM-00 as Obligee, in the sum of ONE HUNDRED SIXTY THOUSAND AND NO/ld - m- -- _, ..-- ,,---- -_-----------__--- __---_ _____ ------- Dollars ($ 160,000.00 1 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 18th day of August 19 76 , entered into a contract with the Obligee for Extension of Continental 13lvd., northerly i"rorls. Grtttad itvenue to the north property line of Sqp( lveda l ro erti.es, Inc. , per. :C daibit I attached, and certain other improvements as identified in the hpv�proveplent Agreemonl', between the City of El Segundo and So)-)ttiveda 1 operfaies, jhe. , dated Augmntst 18, 1976. 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 Codewith 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 State of California p b ss: County of SAN FRANCISCO b On AUGUST 1 2 19 76 , before me, the undersigned, a Notary Public in and for said County, personally appeared J.M. SUSMAN known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that S he subscribed the name of UNITED PACIF IC INSURANCE COMPANY, as Surety, and h ER own name as Attorney -in -Fact. IZABELLA TOM.ALA NOT -AV PUBLIC-CALIFO'NIA CITY AND COUNTY OF k�d SA;v FRAfdC!SCO My Commi son Expires July 1 1979 My Commission expir&;_e .�, .: v Mom:• :1 BDU-1818 ED. 3n2 (CALIF.) LEGAL DESLRIPTION OF EXTENSION OF CONTINENTAL BOULEVARD That portion of the southwest one,-qual,ter of Section 7, Township 3"South, Range 14 West, in the Rancho sausal Redondo, in the City Of El Segundo, County of Los Angeles, State of California, as per map recorded in Book 1, pages 50,7 and 508 of Patents, in the Office Of the County Recorder of said County,. described as follows: Beginning at the intersection Of the northerly line of Grand Avenuef, 106.00 feet wide, described in deed recorded in book D4670, page 845 of Oficial Records, in the Office of said Recorder, jqith the Easterly line of the land described in Parcel I of deed to Sepulveda Properties, 6, Inc., recdorded cne 30, 1969, as instrument number 759, in book 04419, page 26of saiOffiJual Records; thence Southwesterly and Westerly along said Northerly line of Grand Avenue as described in said first mentioned deed and in deed recorded in book D4973, page 438, of said official Records, as fullclqs* South 7811 45' 13" West, 218.15 feet; Westerly along a curve concave Northerly and having a radius of 947 feet, through a central angle of 11' 19' 22" an arc distance of 187,15 feet; and, North 89' 551 25" West, 217.f 00 eet to the true this description; thence Easterly, Northeasterly and point of beginning for i Northerly along a tangent curve, concave Northwesterly and having a radius of 25.00 feet, through a central angle of goo 001 00", an arc distance of 39.27 id curve, North 000 041 35" East, 536.90 feet to feet; thence, tangent to s, ve Southwesterly and having a radius of the beginning of a tangent curve concave 398.00 feet; thence Northerly and Northwesterly along said curve, through a central angle of 300 09' 59", an arc distance of 209.55 feet to a point in the Northerly line of the land described in the before mentioned Parcel I of deed to Sepulveda properties; thence South 890 551 2511 East, along said last mentioned Northerly line, 94.45 feet to a point in a non -tangent curve, concave � Southwesterly, having a radius of 482.00 feet and concentricwith the before mentioned 398.00 feet radius curve; a radial of said 482.00 feet radius curve to said last mentioned point bears North 650 331 40" East; thence Southeasterly and Southerly along said 482.00 feet radius curve through a central angle of 24* 30' 55", an arc distance of 206.23 feet; thence tangent to said curve, South 00" 041 35" West, 536.90 feet to the beginning Of a tangent curve, concave Northeasterly, having a radius of 25.00 feet, and being tangent at the Easterly terminus thereof with the before mentioned Northerly line of said Grand Avenue; thence Southerly, Southeasterly and Easterly along said last mentioned curve through a central angle of 90' 001.0011, an arc distance of 3.27 feet tsaid Northerly line; tene Nrth 9 551 25" t4est, thereon, along said Gro and Avenue, 134.00 feethtoctheotrue8point of beginning. EXHIBIT I TJ'NIT= PACIp'IC I14g3TyTL&NC : CQ�dPANY HOME OFFICE, TACOMA, 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 J. M. SUSMAN of SAN FRANCISCO, CALIFORNIA ------------------ its true and lawful Attorney-in4aet, 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 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 Section 37A of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: SECTION 37A — ATTORNEYS -IN -FACT SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice -President shall 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 (b) to remove any such Attorney -in -fact at any time and revoke the power and authority given to him. SECTION 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 undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature 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 26th day of October, 1971, 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 24th day of April 19 74 UNITED PACIFIC INSURANCE COMPANY (--SEAL fat F7tCC itt iYe Viceflresident STATE OF Washington t 4, COUNTY OF Pierce S ss. rxuac On this 24th day of April , 19—L4 Personallyyyappeara , to me known to be the TrfIntr st xt of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Section 1 and 2 of the By -Laws of said Company and the Resolution, set forth therein are still in full force My Commission Expires; d!v a 3Ty l5 , 18 g adrr;�. a0 78 C eta yd _ {ryf "yt`aattC,�uw Notary Public in and for State of Washington Residing at.,,,-,-_ Tacoma - I, D. Keith Johnson I , 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 seal of said Company this J �{h day of � i "A 1-1 i' 19 76 WBDU-1431 ED.2-72 (SSEA't �x�ana�,ye