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HomeMy WebLinkAbout116-97RESOLUTION NO. 116-97 APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR SUBDIVISION 8043 (CREEKSIDE COMMONS), LOCATED ON THE WEST SIDE OF CAMINO RAMON AT MISSION PLACE WHEREAS, William and Virginia Costanzo, subdividers of said subdivision, have requested the Town of Danville approve said Subdivision Map and Subdivision Improvement Agreement; and WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply with standards set forth in the California Subdivision Map Act and Danville Municipal Code; and WHEREAS, subdivider has now complied with all Conditions of Approval established by the Town of Danville for the subject subdivision; and WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are consistent with the Town's General Plan; now, therefore, be it RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement appended hereto as Exhibits 1 and 2 respectively, are hereby approved and Town staff is hereby authorized and directed to execute the same on behalf of the Town. APPROVED by the Danville Town Council at a Regular Meeting on September 3, 1997, by the following vote: AYES: Doyle, NOES: None ABSTAINED: None ABSENT: None Waldo, Arnerich, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK OWNER'S STATEMENT ACKNOWLEDGEMENT THA! BY HIS/H[R/IHEIR SIGNATURE(S) 0N THJ[ INSJRUIdENT JH[ P£RSOI~(S). OR ~HE PRINT MY COMMISSION COb~NIY 0¢ PRINCIPAL PLACE OF BUSINESS: SUBDIVISION 8043 "CREEKSIDE COMMONS" LOT 65, SLJ~DIVLSION 5154, FILED JANUARY 9, 1979 IN ~ 220 OF MAPS AT PAGE 2g, AND PARCEL 'A', SLI~DIV!~ON 4310, FI. ED JANUARY 10, 1977 iN BOOK 192 OF MAPS ATPAGE17, CONTRA COSTA COtJNTY RECORDS TOWN OF DANVILLE CONTRA COSIA COL~ITY, CAI~ORNIA CITY ENGI~IEER'S' STATEMENT OAT[D: PLANNING CO/v~v~SION'S STATEMENT ENC~IEER 'S STATEMENT BUU_DI~G INSPECTOR'S STATEMENT CLERK Of TIE BOARD OF SUPERVISC~'S CERTFICATE DATED: BY: 1OWN CI.ERK'S STATEA,LrNT DAIs[O: pHIL EIATCH£LOR MARIE SUN,.~ERI lOWlY CLERK AHD [X-OfFICIO CLERK TOfUtti COUNCIL OF THE TOWN OF DANVILLE. COUNTY RECORDER'S STATEMENT BY: DEPUIY COUNTY F~ECQ~D[R Shq[[l 1 o~r 4 E dlibit 1 ElY: Ely: SUBDIVISION 8043 "CREEKSIDE COMMONS" tOT 65, SUeDIVISK:~ 5~54, FILED IAk~JARY 9, 1979 ~4 BOOK 220 ~ C~A C~TA C~Y REC~ TOWN OF DANVLLE C~RA COSTA C~Y~ ~ ACKNOWLEDGEMF. t~ ~l'~[~'~ (~' SAflexrAt I~1' Evlr)LtlCIr. 10 br. TH£ PErSON(S) 'd~405C NAM[(S) LS t7 LI2 US LIT c7 . 2~eo* Io.6~a,,!~J4' [0.9.~,,,I eo*oa'oo' ¢~ - 2;.100' l~.4s*.)'1254' Ae22m]y~'~' c9 ~8~' ~69.~1 43.74' IJ. JJtmq Cl~ ~.~ III.g7mI 17.21' [A24~I~16'44' cts ~* ~..~7~ H~* (4.~I~ ~r4~'~' SUBDIVISION 8043 "CREEKSIDE COMMONS" LOT 65, S~ SI54, FILED J~d,,IU~Y 9, 1979 H ~ 221) C~ M~S AT PA~ ~, ~ r~ 'A', ~ 43~, F~ C~RA C~TA C~ REC~ -~o-~,'~- TOWN ~ DANV~LE %%~ C0~% ENGINEERS -- LAFAVCTTE CA ~,~ ,-~co M~TLPLY ~5TANCE5 ~O~ BY 0. ggg9294 TO ~T~N GRID CAMINO ~1~ N3Y2~-.~:O-( ~.' ~ ~ 4 .~ ~ ~1~ - 5§5.87' (169,428r~] lOr~ PARC~I 13¸ SEE ,.=,HgET 3 A.P. NO. 218-4'30-D25 $14[[T 40~ 4 11 SD 804- d:/maps/8043.dgn Aug. 18, 1997 15:54:28 JOAQUIN JOAQUIN FRANCtSCt, N~ SUBDIVISION IMPROVEMENT AGREEMENT Subdivision Name: SUBDIVISION 8043, CREEKSIDE COMMONS Council Action: September 2, 1997 Completion Date: September 2. 1999 THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: TOWN OF DANVILLE. · Steven Lake City Engineer  .~~(/B DIVIDE,R: / _~ Virginia Costanzo R.C.E. 31870 Expires 12/31/2000 619 Morninghome Road Danville, CA 94526 Phone: 510.820.2488 State of California I SS. County of ~ 2~ Num~a' of l:~lm ~t~ I~m of D~amm~ On (f~,~.,..~z.,~ /E ,,'2 ~fi2 before. me, ,~. ~,~-,~-~,_~ , , Notary Public, personally appeared ~,a2~ ~ ~ //".d,~-.~- (~ ~-~ personally known to me (or proved to me on the bari os f satisfactory evidence) to 13~ 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 by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an,~,cial seal. Signature /c_-- ~~~--"c-~iSeal) ATD-I (Revised 1/93) Comm. t 1106041 NOTARY PUBliC- CALIFORNIA ~,Ol~tla Costa Ceunty """ My Corem Etaires ~llt 10 2000 ~ ................ : .......:_: ....t (This area for official notary flags. All Subdivider signatures must be properly notarized in accordance with Civil Code section 1180. The name and titles of the people signing the documents must be listed on the notary flag.) Page lo£ 5 Exhibit 2 SUBDIVISION IMPROVEMENT AGREEMENT 1. PARTIES & DATE. Effective on the-date of Council action, the Town of Danville; County of Contra Costa, California, hereinafter called "Town," and the named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Approval established by the Town Planning Commission and shall construct and install those improvements identified on improvement plans prepared by the Subdivider, approved by the City Engineer on August ,1997 and kept on file in the. Town offices of Development Services. The general nature and description of the work and improvements to be constructed and installed are as follows: Sidewalk, drive approaches, street lights and drainage facilities alon~ Camino Ramon. Subdivider shah complete said work and improvements (hereinafter called "work~') within the above completion period fi'om date hereof as required by the California Subdivision Map Act (Government Code section 66410 and following);' in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Town of Danville Municipal Code and rulings made thereunder;, and where there is a conflict between the improvement plans and the Town Municipal Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURFrY. Upon executing this Agreement, the Subdivider shall, pursuant to, Government .Code,~ection 66499, and the Town of Danville,Municipal Code, provide as security to the Town: A. For Performance and Guarantee: $ 5:000'~00 cash, plus addition~i: security, in the amount of $ 20,000.00 which together total $ 25,000:00 which is one hundred percent (100%)~of the estimated cost of the work. Such additional securityis presented in the form of: !J Cash, Certified Check, Cashier's Check or Certificate of Deposit. ~v'"/" Acceptable Corporate Surety Bond. 'AcceptableI~evocable Letter of Credit. With this see';t~ty, the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For payment: Security in the amount of $12,500.00 of which is fifty percent (50%) of the estimated cost of the work~ Sfich security is presented in the form Page 2 of 5 SUBDIVISION IMPROVEMENT AGREEMENT ~ Cash, Certified Check, Cashier's Check or Certificate of Deposit [J Acceptable Corporate Surety Bond ~ Acceptable Irrevocable Letter of Credit With this security, the Subdivider guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. For legal costs: Security in the amount of $ 10,000.00. Such security is presented in the form of: ~ Cash, Certified Check, Cashier's Check or Certificate of Deposit / Acceptable Corporate Surety Bond ~ Acceptable Irrevocable Letter of Credit With this security, the Subdivider guarantees payment to the Town of Danville for legal and other costs associated with enforcing this subdivision agreement or in compelling performance or recovering the security under this agreement. D. Upon acceptance of the work as complete by the Town Council and upon request of the Subdivider, the amount of the improvement securities may be reduced in accordance with Section 31-11.16 a. of the Danville Municipal Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be flee from defects in material or workmanship and shall perform satisfactorily for a period of one (1) year from and after the Town Council accepts the work as complete in accordance with Section 31-11.16 of the Danville Municipal Code. Subdivider agrees to correct, repair, or replace, at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the Town street system. 5. Deleted 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts tl~e work as complete or during the one year guarantee period, said improvement plans prove to be Page 3 of 5 SUBDIVISION ~IMPROVEMENT AGREEMENT inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY TOWN, Inspection of the WOrk and/or materials~ or approval of work and/or materials or statement by-any' offiCeri?agent or employee of the Town indicating the work or any pan thereof complies wkh the requ'n'ements of thiS Agreement or acceptance of the whole or any pan of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill .this agreement as-prescribed; nor shall the Town be thereby stopped from bringing any action for damages arising from the failure to comply With any of the terms and conditionS hereof. 8. INDEMNITY. Subdivider shall defend, .hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities bereftted at~dproteeted by this promise are the Town and its elective and appointive boards, commissions, officers, agents and empioyees~ B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage~ inverse condemnation, or any combination of these, and regardless of whether or not such liabilky, claim or damage was unforeseeable at any time before the Town reviewed said improvement plans or accepted the ivork: as complete,. and including -the defense of any suit(s), :action(s) or other proceeding(s) concerning said liabilities and claims. C. The actions causing liability are any act or'omission (negligent or non-negligent) in connection with the matters covered 'by this Agreement and attributable to the Subdivider, Contractor, Subcontractor or any officer, agent or employee of one or more of them. D. Non-Conditions: The~promise and agreement in this seCtion-are not conditioned or dependent on whether or not any indemnity has: prepared, supplied, or' reviewed any" plan(s) or specifications(s) in connection with this work or subdivision, or has ~msurance or other indemnification coveting. any of these'matters, or that 'the' alleged ~damage resuit~d: ~ai'tly from any negligent ~or willful misconduct: of any,Indemnity. 9. COSTS.: Subdivider shall pay when due; all the costs & the work, including inspections thereof and relocating existing utilities required thereby. 4of5 SUBDIVISION IMPROVEMENT AGREEMENT 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the City Engineer. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the Town may proceed to complete and/or maintain the work by contract or otherwise, and Subdivider agrees to pay all costs and charges incurred by the Town (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. Once action is taken by Town to complete or maintain the work, Subdivider agrees to pay all costs incurred by the Town, even if Subdivider subsequently completes the work. Should Town sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by Town in connection therewith, even if Subdivider subsequently proceeds to complete the work. 12. AS-BUILT PLANS. Before acceptance of the improvements by the Town Council, the Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings of the improvement plans for the subdivision (including all revisions thereto). 13. RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Approved as to Form: City Attorney Date Attachments: 1) 2) 3) Securities required Performance and Guarantee ................. $20,000.00 + $5,000.00 (cash) Payment ...............................................$12,500.00 Legal .................................................$10,000.00 5 of 5 BOND NO. 54441 F&IT~FUL PERFORMANCE BOND WHEREAS, The Board of Supervisors of £he County of (or the City Council of the City of DANVILLE ), State of California, and WILLIAM COSTANzO& VIRGINIAcOSTANzo (hereinafter designated as "principal" ) have entered into an agreemen~ whereby principal agrees to ins£all and complete certain designa~ed public improvements, which said agreement,~dated , 19 , and ladentilled as project CREEKSIDE COMMONS #8043 is hereby referred to and made.a par£ hereof; and ~HEREAS, said principal~s required~under the te~m of said agreement to furnish a bond for the faithful performance o£ said agreement. NOW T~EREFORE, we, the principal and AMERICAN CONTRACTORS INDEMNITY COMPANY , as surety, ar~ held and firmly bound:unto the County 'of (or City of DANVILLE ) hereinafter called,(" CITY ,,)' in Zhe penal Sum of 'TWENTY FIVE THOUSAND AND NO/100 .............................. Dollars ($ 25,000.00 ) lawful money Of the United · ~_~ .um.we~l.a~d truly to be made, we bind ourselve~'a~'-f~r the payment a=~u~ors an~ agmlnls~rato~ ~--. . . , r, ~u=.~lrs,successors ~ , ~u~u=ly anu severally; firmly by these presents. ' The condition of this ob!lgation~la such that 'if the above bounded principal, ?Lit heirs, e -cuto s, ad n s=rators, succes,ors, or shall in all cn~nss stand to and abzde by and well and trul nants, conditions and ~r0V ~L'~ ~=_ _ ~_ y deep.and perform the cove- ~ is ...... - ~-~ aa~o asreement and any al£eration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner'th6re~h~specified,. and in &1t respects accordin§ to their true intent 'and meanin$, and shall indemnify and save harmless CITY · its officers, asents~and'employeea, as therein stipula£e~, then this oblisation shall beocme null and voidi o~herwise i= shall be and remain in full force and effect. As a part of the obll~ation secured~hereby and ape .u~.'fied th'er~for! ~here shall 'be ~o=luded cos in addition to the face amount ts and reasonable expenses and fees, includin~ reasonable attorney,s fees, incurred by County (or City) in successfully enforcin~ such oblisation' all =0 be ~axed as costs and included in any jud~emen~ rendered. The surety hereby stipulates and aSrees tha~ no chan~e, extension of time, alteration or addition to the terms of £he agreemen~ or, ~o .~he work =o be performed thereunder or the specifications accompanytns~the same shall in any- wise affect its obll~a£ions on ~his bond, and it does hereby waive notice of any suc~ chan~e, extension of time, alteration or addition to the terms of the a~reemen£ or to =he work or to £be specifications. In witness;whereof, this instrument has been duly executed b~ the principal and surety above named, on 'AUGUST 20 , 19 97' PRINCIPAL .~ / w~/~.c~T.~!,o ~ V~N~A cosTANzo VIRGINIA COSTAN~O SURETY AMERICAN CONTRACTORS INDEMNITY COMPANy ANTHONY F. ANGELICOLA ATTORNEY-IN-FACT 54441 LABOR AND HATERIALS BOND WHEREAS, The Board of Supervisors of the County of (of the City Council of the Cityof DANVII~ ), State of California, and WILLIAM COSTANZO & VIRGINIA COSTANZO (hereinafter designated as "principal" ) have entered into an agreement whereby .principal agrees to install and complete certain designated public improvements, Which said agreement, dated , 19~, and indentified as project CREEKSIDE COMMONS # 8043 , is hereby refered to and made a part hereof; and WHEREAS, 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 County of (or the City of DANVILLE ) to secure the claims to which reference is made in Title 15 (commencing with Sec- tion 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the County of (or the City of DANVILLE and all conTracoifs, subcontractors, laborers, materialmen and toher persons employed in the performance of the aforesaid agreement and referred to in The aforesaid Code of Civil Procedure in the sum of TWELVE THOUSAND FIVE HUNDRED AND NO/100 ................................ Dollars ($ 12,500.00 ), for materials furnished or labor Thereon of any kind, or for amounts due under The Unemployment Insurance Act with respect ;o such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set fort}l, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including ruasonabl~ attorney's fees, incurred by County (or city) in successfully enforc- in§ such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of The Civil Code, so as to give a right of action to them or Their assigns in any suit brought upon this bond. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 20 , 19 97 PRINCIPAL WILLIAM COS29%NZO ~ VIRGINIA COSTANZO WII IAI~ COSTANZO /~ ' ~ ,,7 0 SURETY AMERICAN CONTRACTORS INDEMNITY COMPANY By ANTHONY F. ANGEL/COLA ATTORNEY-IN-FACT ~-~ buND NO. 54442 FAITHFUL PERFORMANCE BOND WHEREAS, The Board of Supervisors of the .County of (.or the Ci'~y Council Of ~he City of DA/'~ILZ~ ), State of California, a.d ~Z~,¢os~zo & VIRG~N~ COS~A~,ZO (hereinafter designated as "principal" ) have entered into an agreement whereby principal agrees ~-Doinstall and complete certain designated public improvements, which said agreement, da~I~'~ '-' ~ , 19 , and indentified as project GREEKSIDE COMMONS' #8043; LEGAL COSTS is hereby referred to and made a part hereof; and ' WHEREAS, said principal is required under the terms of said agreement to furnish a bond for :he fait.hful perfo 'r~anc~ orsaid agreement. NOW TH~EFOR£, we, the principal and AMERICAN CONTRACTORs INDF2~NITY COMPANY , as surety, a~e~ha~ld and fi~mIy~bound~unto the County of (or City of DANVILLE~ ) hereinafter called (" CITY "), in the penal sum of TENTHOUSAND AND NO/100 .................. Dollars ($ 10,000.00 ) lawful money of the,~nited States, for the payment of which sum'well and truly t0 be made, we bind ourselves, our heirs,successors, executors and administrators, jointly and severally, firmlyby these presents. The condition of this obligation ~is such that if the above bounded principal, his or. its heirs, executors, adm~nistra=oxs, sUCCeSsors, or assigns, shall in all ~thi~'gs stand'to. and. abide by and well a~d truly deep and perform the cove- nanDs, cond~ti~ns ahd pro~iSio~s in the said agreement and any alteration thereof made as. therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects 'according to their true. intents and meaning, and shall indemnify and s.ave harmless CITY , its officers% agents 'and employees, as therein stipulated, then this obligation shall beocme null and void; otherwise it shall be and remain in full force and effect As a part 9f the obligation Secured hereby and in addition to the face amount specified ~herefor, thence Shal~ be ~"Ciuded costs and reasonable expenses and fees, including reasonable ~tt0r~ey'~'fees, incurred by county (or City) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. .The surety hereby stipulates' and a~rees chat no change, alteration or. addi~io~t0 the-term~ of the agreement or extension of time, ~o the work to be Performed thereunder or the specifications accompanying the same shall in any- Wise affect its obligations on this bond, and it does hereby waive notice of any such change: extension of t/me, alteration or addition to the terms of the agreement or co the work or to the specifications. In witness whereof, titis instrument has been duly executed by the principal and surety above named, on August 20 , 19 97 PRINCIPAL VIRGINIA COS~ SURETY AMERICAN CONTRACTORS INDEMNITY COMPANY By ','-', ~l ~T.O~ ~. ~ico~ --' ATTORNEy- IN-FACT AMERICAN CONTRACTORS INDEMNITY COMPANY Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY TItESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY. n California Corporation (the "Company'). and having its principal office in Los Angeles. California does hereby constitute and appoint: Anthony F. Angel±cola o£ San Francisco, Califocn/.a :l.n the amount not t:o exce ~291. 000. O0 · as its true and lawful Attorney(s)-in4aet, in an . Jimfled amount. to execute, ~e~l and deliver for and on Its behalf as surety. any and all bonds and undertakings. recogn~--*ne~, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed. required or permitted by law. statute. rule. regulation. contract or otherwise. and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said AMERICAN 'CONTRACTORS INDEMNITY COMPANY. as fully and amply. to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed. and may be certified to and may be revoked. pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY. at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary. shall have power and aut]-'--. rity. 1. To appoint Attomey(s)4n-fact and to autlmr/ze them to execute on behaff of the Company, and attach the Seal of the Company thereto, bonds and undertakin~ contracts of indemnity and other writings obligatory m h~e nature thereof and, 2. To remove. at any time. any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affLxed to any such power of attorney or any certificate relating thefro by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsmile 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 attaeh~L STATE OF CAIJFO~ ) ) COUNTY OF LOS ANGE~-F-q ) IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 20th .day of June 19 94 ~, _ \-?',~. · On June 20th, 1994 before me, th~ tmd~rsi~ed. a Notary Public in and for the said State. personally appeared F~I. McKenna. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Presiden! of AMERICAN CONTRACTORS INDEMNITY COMPANY. that he executed the within instrument and aeknowlec!~ed to me that such corporation executed the within instrument pursuant to a resolution of its Board of Directors.