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HomeMy WebLinkAbout3349-3354RESOLUTION NO 3354 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO'APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO FOR PAVING A PORTION OF LOS OSOS VALLEY ROAD. BE.IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is• on file in the Office of the City Clerk, .between the City, and the County of San.Luis Obispo for paving a 0.14 mile portion of Los Osos Valley Road as part of a County resurfacing project is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: County Engineering Department and the City Engineer. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of June , 19 77 . ATTEST: C le rk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Cor'4Oration City Attorney 71 1* By Allen Grimes )I\ ENDORSEMENTS AS TO CONTENT ON AGREEMENT. R 3354 \/ 1 AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACING A PORTION OF A, ROAD WITHIN THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made and entered into this 23rd day of June 1977, by and between the COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "COUNTY" and the CITY OF SAN LUIS OBISPO., hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, COUNTY_is undertaking a project for the resurfacing of certain roads throughout the County; and WHEREAS, COUNTY proposes to let a contract for said project; and WHEREAS, CITY requests that as a part of said project COUNTY re- surface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical to resurface said road as a part of COUNTY'S contract.. NOW, THEREFORE, in consideration of the mutual covenants, con- ditions and promises herein set forth, COUNTY and CITY agree as fo11ows: 1. COUNTY shall include said portion of Los Osos Valley Road in the contract specifications for said project as-Site No. 24. 2. CITY shall pay COUNTY an amount equal to that which the COUNTY pays contractor for doing said resurfacing work for CITY, plus a pro rata share of the engineering, incidental, and overhead costs associated with the.work performed for the CITY. 3. CITY shall make said payment within thirty (30) days follow- ing submission of a bill for said resurfacing; said bill to be se!-t to CITY only after "Notice of Completion" has been duly recorded by COUNTY for said_ project. 4. Upon acceptance of the completed project by COUNTY, or upon contractor being relie.ved of the duty of maintaining and pro - tecting said portion of Los Osos Valley Road, CITY shall assume responsibility for maintenance and. /or repair of said portion of Los Osos Valley Road at CITY'S sole cost and expense. 5. Pursuant to Goverment Code Section 895.4, CITY shall de- fend, indemnify and save harmless the COUNTY, its officers, agents and employees from any and all claims', demands, damages, costs, expenses,' or, liability.arising out of this agreement or occasioned by the forma.nce or attempted performance.of the provisions hereof; provided, however, that the foregoing shall not apply to the. sole negligence or. Wilful misconduct of COUNTY or COUNTY'S agents, servants, or inde- pendent contractors who are directly responsible to COUNTY. 6. This agreement shall have no force or effect unless-and until a contract acceptable to COUNTY is awarded for said oroject. IN WITNESS WHEREOF, COUNTY and CITY have executed this agree - ment on the.day and year first above written. COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors CITY OF SAN LUIS OBISPO By: Fiayor Kenneth F. Schr-artz. -cr ATTEST: City Clerk J.H. Fit2D8tricl: APPROVED AS TO FOU'l AND LEGAL AFFECT: ROBERT N. T.AIT, District Attorney l By puty Distr;Ct ttorney Approved as to form: 4 WENDT; MMIELL, SIN1 -IFI: -BIER, de la M07rE &, LTLLEI' I City Attorney' 1 By Allen Crimes -3- J Approved as to content: City A m1n`ist.rat:ivc (ifficor C`i'ty hnalnecr r X33 AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACING A PORTION OF A ROAD WITHIN THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made a.nd entered into this 23rd day of June , 1977, by -and between the COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "COUNTY" and the CITY OF SAN LUIS OBISPO, hereinafter referred to as "C.ITY ". WITNESSETH: WHEREAS, COUNTY is undertaking a project for.the resurfacing of certain roads throughout the County; and WHEREAS, COUNTY proposes to let a contract for said project; and WHEREAS, CITY requests that as a part of said project COUNTY re- surface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical, to resurface said road as a part of COUNTY'S contract. NOW, THEREFORE, in consideration of the mutual covenants, con- ditions and promises herein set forth, COUNTY a.nd CITY agree as follows: 1. COUNTY shall include said portion of Los Osos Valley Road in the contract specifications for said project as Site No. 24. 2.. CITY shall pay COUNTY an amount equal to that which the COUNTY pays contractor for doing said resurfacing work for CITY, plus a pro rata share of the engineering, incidental, and overhead costs associated with the work performed for the CITY. 3.. CITY shall make said payment within thirty (30) days follow- ing submission of a bill for said resurfacing; said bill to be sent to CITY only after "Notice of Completion" has been duly recorded by COUNTY for said project. 4. Upon acceptance of the completed project by COUNTY, or upon contractor being relieved of the duty of maintaining and pro- tecting said portion of Los Osos Valley Road, CITY shall assume responsibility for maintenance and /or repair of said portion of Los Osos Valley Road at CITY'S sole cost and expense. 5. Pursuant to Goverment Code Section 895.4, CITY shall de- fend, indemnify a.nd save harmless the COUNTY, its.officers, agents and employees from any and al.l claims, demands,.damages, costs, expenses, or liability arising out of this agreement or occasioned by the per - formance or attempted performance of the provisions hereof; provided, however, that the foregoing shall not apply to the sole negligence or wilful misconduct of COUNTY or COUNTY'S agents, servants, or inde- pendent contractors who are directly responsible to COUNTY. 6. This agreement shall have no force or effect unless and until a contract acceptable to COUNTY is awarded for said project. IN WITNESS WHEREOF, COUNTY and CITY have executed this agree- ment . on the.day and year first above written. COUNTY OF SAN LUIS OBI1SPO BY Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors CITYIOF SAN LUIS OBISPO r yor Kenneth E. 2— ATTEST: Ci4-CJerk J.11. Fitzpatrick APPROVED AS TO FORM AND LEGAL AFFECT: ROBERT N. TAIT, District Attorney. By p u t y D i s t rtc t—Tft orn —ey Approved as to form: WENDT, 1•!1TC11ELL, SINAinmr-iR de la NIOTTF & LILLEYA City Attorney By Allen Crimes -3- Approved as to content: We" City Mmln.]-s r a �iv e�li Tee r City Enaincer Q S9 LUIS OBISPO COUnTY ROOM 101 . COURTHOUSE ANNEX + SAN LUIS OBISPO Y CALIFORNIA GEORGE C. PROTOPAPAS County Engineer 8. WARD PHELPS DEPUTY COUNTY ENGINEER -FIELD CLINTON MILNE DEPUTY COUNTY ENGINEER-OFFICE June 24, 1977 The Honorable Board of Supervisors County of San Luis Obispo San Luis Obispo, CA File: 1976 -77 Paving Contract 056402 Cooperative Agreement - Obispo COUNTY ENGINEERING DEPARTMENT 93401 . ( 805) 544 -5500 Subject:. 1977 Paving Contract - with City of San Luis Gentlemen: ROADS TRANSPORTATION FLOOD CONTROL WATER CONSERVATION SURVEYOR SANITATION The County of San Luis Obispo has entered into a contract with Madonna Construction Company for the paving of various County roads throughout the County. One of the project locations in the contract is Los Osos Valley Road between State Highway 101 and Madonna Road. The City desires to participate in paving that .portion of the travelled way within the City. Limits. It is our RECOMMENDATION that the County enter into an agreement previously executed by the City to pave the portion of Madonna Road within the City Limits between Highway 101 and Madonna.Road. Discussion: Attached is a copy of an agreement prepared by the City's and County's legal.staff to pave approximately 0.14 mile of Los Osos Valley Road within the City Limits. The .estimated cost of paving is $3,700. Respectfully, GEORGE C. PROTOPAPAS County. Engineer GCP /ELM /nt. Encl. ti IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISP09 STATE OF CALIFORNIA - -- --- - -- day -------- 1" y == --------- -,19 -- 7 7 PRESENT: Supervisors Ilcrs eila an, ;- illeiord, i'w-t T'. 1,1ppeY, C? al d J. ".roj su, cnd C c,.irc4 �;.ota. rd :ur!ci_i: ABSENT: ne RESOLUTION NO • 77 -6.44 RESOLUTION APPROVING AND AUTHCRIZIMG EXECUTION OF AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACIN% A PORTION OF A ROAD WITHIN THE CITY OF SAS! LUIS OBISPO The following Resolution is now offered and read: WHEREAS, County is undertaking a project for the resurfacing of certain roads throughout the County; and and WHEREAS, County proposes to let a contract for said project; WHEREAS, City requests that as a part of said project County resurface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical to resurface said road as a part of County's contract; and 14HEREAS, Streets and Highways Code Section 1686 permits the Board of Supervisors to extend aid to the City of San Luis Obispo for the improvement of streets within the city. NOU3 THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, as follows: 1. The Agreement entitled 'Agreement Providing Supplementary Financing For Resurfacing A Portion Of A Road Nithin The City Of San Luis Obispo ", a cony of which is attached hereto, marked Exhibit "A" and by this reference made a part hereof, is hereby approved. 2. The Chairman of the Board of Supervisors :is hereby author- ized and-directed to execute said agreement on behalf of the County of San Luis.Ob,ispo evidencing this Board',s approval thereof. ,This Resolution is, adopted by at least a four- fifths vote of all members of this Board of Supervisors. CD -34 _.... ... 6 CD -325 __r____ Deputy Clerk. 1MAGENDa tTYM # C7 ��IIIII III III II VIIIIIII APPROVED ( j DEMED 101 i �t san tuis,o "is i I Agft city o � DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 June 7, 1977 MEMORANDUM TO: Richard D. Miller City Administrator FROM: Wayne A. Peters City Engineer 3;) SUBJECT: Joint Powers Agreement with San Luis Obispo County for Paving a Portion of Los Osos Valley Road Last year the Council directed Staff to pave a portion of Los Osos Valley Road, only if the County would pave adjacent portions. We have worked with the County to prepare the attached agreement. If the Council will approve this agreement, the County will pave our portion of Los Osos Valley Road at the Highway 101 over- crossing along with their portions of Los Osos Valley Road in that area. The estimated cost to the City is $4632.50.. The exact figure won't be known until the work has been completed. The contract is scheduled to be opened June 14 and the work to be begun about July 1. County estimates that the bill will be sent to the City on or about October 1, 1977. The agreement calls for us to pay for the actual cost of the paving, plus a share of the overhead expenses. Recommendation:( Staff recommends that the Council approve the agreement and authorize the Mayor to sign.] � co„c yr WAP:bk Attachment ��� RESOLUTION NO. - 3353 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A TRANSFER OF REVENUE SHARING APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Transfer of Revenue. Sharing Appropriations is authorized to provide funding for the Water Treatment Plant - Filter Media Project and additional funds for the Water Engineering & Finance Study. Account Description Revenue Sharing Entitlement 6 (40) 36- 6360 -503 Water -Cross Town Feeder Project, Phase II (R /W) (40) 36- 6361 -619 Water -Cross Town Feeder Project, Phase II (Const.) (40) 36- 2580 -911 Water - Engineering F, Finance Study 36- 0510 -000 Appropriation 36- 0600 -000 Unappropriated Balance. Revenue Sharing Entitlement 7 (40) 37- 2580 -911 Water - Engineering $ Finance Study (40) 37- 6262 -736 Water - Treatment Plant Filter Media Project (40) 37- 6361 -619 Water Cross Town Feeder Project, Phase II (Const.) (40) 37- 6363 -831 Water Tanks - Cathodic Protection 37- 0510 -000 Appropriations 37- 0600 -000 Unappropriated Balance Budget Amount $11,350. CR. $16,800. DR. $ 4,200. DR. $ 9,650. DR. $ 9,650. CR. $ 9,650. DR. $ 8,900. DR. $54,000. DR. $53,000. CR. $18,000. CR. $ 8,100. CR. $ 8,100. DR. $ 8,100. CR. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None R 3353 Resolution No. 3353 n the foregoing Resolution was passed and adopted this 21st day of June , 1977. ATTEST: r C" Clerk-J.H. Fitzpatric Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes C, RESOLUTION NO. 3352 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXTENSION OF AN AGREEMENT WITH WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY, FOR SERVICES AS CITY ATTORNEY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain agreement dated June 24, 1976, a copy of which is on file in the Office of the City Clerk, between the City and Wendt, Mitchell, Sinsheimer, de la Motte & Lilley, as extended by Resolution No. 3206, for services as City Attorney, is hereby extended to and including June 30, 1978, and the Mayor is authorized to execute an amendment thereto. Section 2. The City Clerk shall furnish a copy of this Resolution together with an executed copy of the amendment to: Wendt, Mitchell, Sinshemer, de la Motte $ Lilley. On motion of Councilman Gurnee seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: Ck GlerK- J.H. Fitzpatrick Approved as to fo WENDT, MITCHELL, S T IMER, de la MOTTE $ LILL Y City Attorney t By Arlen this 21st day of June , 1977• E. Schwartz Approved as to content: City Administrative Oxic er AG:ktm 6/14/77 R 3352 AMENDMENT EXTENDING AGREEMENT FOR SERVICES AS CITY ATTORNEY The undersigned parties to the Agreement for Services as City Attorney dated June 24, 1976, as extended to and including June 30, 1977, by Resolution No. 3206, a copy of all of which is on file in the office of the City Clerk, is hereby further extended to and including June 30, 1978. All other terms of said Agreement (Paragraphs I - V) shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed. Dated: June 23, 1977 ATTEST: �y y Clerk J:H. Fitzpatrick WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LT�,L�LEY City Attorney 'I 0 By Allen Grimes CITY OF SAN LUIS OBISPO Approved as to content: City Administrative 0 er RESOLUTION NO. 3351 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH R. L. KAUTZ & CO. TO ACT AS THE SERVICE AGENT FOR WORKER'S COMPENSATION INSURANCE FOR THE CENTRAL COAST CITIES JOINT POWERS SELF - INSURANCE FUND.AND TERMINATING PRESENT WORKERS' COMPENSATION INSURANCE COVERAGE ON JUNE 30, 1977. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby approves the Memorandum of Agreement between R. L. Kautz & Co. and�the Central Coast Cities Joint Powers Self- Insurance Fund which is attached hereto marked Exhibit "A" and thereby incorporated herein. The Mayor is authorized to execute the documents necessary for the City's participation in this Agreement. Section 2. City participation in this Agreement shall commence July 1, 19.77. Section 3. The City Clerk is directed to notify the present carrier of Workers' Compensation Insurance of the termination of their services on Jun6-i30, -191.7. On motion of Councilman Dunin _ ,seconded by Councilman. Jorgensen , and on the.following roll call vote: AYES: Councilmen Dunin, Jorgensen, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: y J. H. itzpatricc RDM:ktm 6/14/77 R 3351 Resolution No. 3351 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE 4 LILLEY City Attorney L- By Allen Grimes (1977 Series) Approved as to content:. City Administrative ficer finance Di Personnel Directo • o MEMORANDUM of AGREEMENT THIS AGREEMENT, entered into this 23rd day of June. r 1977, by and between CENTRAL COAST CITIES JOINT POWERS SELF - INSURANCE FUND, hereinafter called THE SELF- INSURER, and R..L. KAUTZ & CO., hereinafter called THE SERVICE AGENT, for certain services in connection with the duties and responsibilities of THE SELF - INSURER under the provisions of the Workers' Compensation Laws of the State of California as a result of injuries to its employees, WITNESSETH: 4IHEREAS, THE SELF- INSURER has undertaken to self - insure its liabil- ity to its employees pursuant to the Workers' Compensation Laws of the State of California, and whereas, THE SERVICE AGENT is engaged in the supervision and administration of programs for self - insured employers, NOW, THEREFORE,,for and inconsideration of the mutual obligations hereby assumed; and the performance of the acts hereinafter set forth, the parties hereto agree as follows: THE SERVICE AGENT agrees to supervise and administer the self- insurance program of TEE SELF - INSURER, to act as the representative of THE SELF - INSURER in matters related to THE SELF- INSURIR's obliga- tions under the Workers'. Compensation Laws of the State of Calif- ornia and agrees further to provide to THE SELF- INSURER during the term of this Agreement all the services more particularly set forth hereinafter: 1. Administer the self - insurance plan of THE SELF- INSURER in full compliance with all rules and regulations governing the administration of ,self - insurance pursuant to Section 3700, et seq., Labor Code and the California Administrative Procedure Act (Government Coder Title 8). 2. Provide a panel of physicians and specialists for the treatment of injured employees,.subject to THE SELF - INSURER'S approval; provide counsel and advice regarding THE SELF- INSURER's first „aid and in -plant medical facilities and coordinate these activities with those of the Claims Department of THE SERVICE AGENT; and to super- vise the furnishing of medical treatment. to injured employees which is required under the. Workers' Compensation Laws of the State of California. EXIBS a 3. Prepare and file in the.name of THE SELF- INSURER all forms-, reports and other documents required under the Workers' Compensation Laws of the State of California. 4. Compute and pay all disability benefits due injured employees and .audit and pay all medical benefits from funds provided-.by THE SELF - INSURER for these purposes. 5. Maintain all records and statistical data on losses arising from employee injuries in accordance with the requirements of the Department of Industrial Relations, State of California. 6. Provide monthly a machine tabulated report on all employee injury.claims showing amounts paid as medical or compensation expense, and. the net reserve on each case. 7. Provide accident prevention engineering and inspection services which will not only help THE SELF - INSURER meet its legal obligations under the Occupational Safety & health Act, . but assist in its cost - saving objectives as well. These services include, but are not limited to, the following activities: "OSHA-type" inspection surveys with written recommendations for correcting or improving potentially hazardous conditions. These physical surveys will be commensurate with the growth of the program, as well as the experience of THE SELF - INSURER. Safety training of key personnel in such areas as accident investigation and employee safe practice orientation. Also, any such technical training as may be required to comply with applicable safety codes /standards . will be introduced into the control program. - Periodic review of loss experience on a current -year basis with provisions for implementing new or additional control measures, based on actual results. - Preparation of specialized safety literature, including bulletins and training aids, for specific work, situations. -2- Such services shall involve twenty -eight (28) man -days per annum. THE REMUNERATION to be paid under this Agreement to THE SERVICE AGENT by THE SELF- INSURER shall be based upon a period commenc- ing July 1, 1977, and shall be calculated and paid to THE SERVICE AGENT at the rate of Twenty -Nine Thousand Dollars ($29,000.00) per annum for the first year of this Agreement, payable monthly in twelve (12) equal installments. Thereafter, the remuneration shall be at the rate of Five and Two- Tenths Percent (5.2 ;) of manual.premiu:m. THE SELF- INSURER agrees to prepare a statement of its earned payroll and premium promptly at the close of each month and.to remit the aforesaid remuneration to THE SERVICE AGENT with said statement. It is understood and agreed by the..parties that the initial members of the Central.Coast Cities Joint Powers Self- Insurance Fund shall be the Cities of Morro Bay, San Luis Obispo, Arroyo Grande, Grover City, Pismo Beach and EI Paso de Robles, and that, in the event any additional City or Cities should be added to said Central Coast Cities Joint Powers Self - Insurance Fund, the remuneration to be paid to THE SERVICE AGENT shall be adjusted accordingly. THE SELF - INSURER agrees to permit THE.SERVICE AGENT to audit at any reasonable time THE SELF- INSURER's payroll developed during the period of this Agreement: DEVELOPED ANNUAL PREMIUM shall be calculated by applying to THE SELF- INSURFR's total insurable California payroll, by classi- fication of occupations, the rates for workers'. Compensation insurance which are now or may hereafter be established by the Insurance Commissioner of the State of California. INSURABLE PAYROLL shall mean total wages,, salaries, commissions, bonuses,.and other remunerations paid by THE SELF - INSURER to its employees, but excluding "overtime remuneration" as.defined in the California Manual of .Rules, Classifications and Basic Rates for Compensation Insurance, who are covered by the workers' Com- pensation Insurance Division of the Labor Code of the State of California. Remuneration paid to each department head shall be included only to.the extent of, but not to exceed, Twenty Thousand Eight Hundred Dollars ($20,800.00) per annum. This Agreement shall take effect.at 1201 a.m., July 1, 1977, and shall continue in effect until June 30, 1978, after which date this Agreement shall continue in effect until cancelled by either party as hereinafter provided. This Agreement may be cancelled by either party giving to the other, in writing, notice of his intention to cancel this Agreement sixty (60) days prior to any anniversary of July 1. -3- Services herein contemplated shall cover the operations of THE SELF - INSURER in the State of California only. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers as of the day and year first above written. CENTRAL COAST CITIES JOINT POWERS SELF- INSURANCE FUND Attest: CITY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By Kenneth E. Schwartz, Mayor' J.H. Fitzpatrick, City Clerk R. L. KAUTZ & CO. Attest: By •/ -4- RESOLUTION NO. 3350 (1977 Series) A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 90. 6231 VICTORIA SQUARE, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings concerning Tract No. 623 as contained in Resolution No. 3230 (1977 Series). Section 2. This Council now hereby approves the final map of Tract No. 623, Victoria Square located at 1626 Broad Street, subject to conditions in the Subdivision Agreement attached hereto, marked Exhibit "A" and thereby incorporated herein, and authorizes the Mayor to execute said Subdivision Agreement on behalf of the City. On.motion of Councilman Gurnee , seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is.-passed and adopted this 21st day of June , 1977. ATTEST: AG:ktm 6/15/77 R 3350 C'1 Resolution No. 3350 Final Map: Tract No. 623 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes (1977 Series) Approved as to content: City Admihistrative ficer City ineer AGREEMENT THIS AGREEMENT, dated this 23rd day of June , 191,l, by and between Vincent.S. Fonte herein referred to as "Subdivider ", and the CITY OF SAI1 LUIS OBISPO, herein referred to as the "City''. W I T N E S S E T H: REFERENCE IS HEREBY MADE to that certain proposed subdivision of. that certain real property in the City of San Luis Obispo,.County of San Luis Obispo„ State of California, description of which is shorn on final " %lap of Tract No. 623 , Victoria Square , City of San Luis Obispo, California ", as approved by the City Council, on the 21st day of June 1977, WHEREF.S, the 'Subdivider desires that said Subdivision I:1ap of Said Tract No. 623 , be accepted and approved as a final.rmap pursuant to the Subdivision Regulations and Ordinances of the City of San Luis.0bispo, and WHEREAS, it is a condition of said regulations. and ordinances that the Sub- divider agrees to install the street improvements and utility lines.and facilities as set forth on the plans therefore. FOW TH,^DEFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance.with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obiape, to wit: 1. CURBS, GUTTERS and SIDEI•]ALP.S 2. STREET EASE and SURFACING 3. W.A. TER MAINS a_nd STEITER IIAIFS, including sewer laterals to the property line and water services to the curb stop. 4. DRAIIIAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECT'.IC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility shall be required to file a.letter stating that the developer has prop- erly 'installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. AMY f� ALL OTHER IISPROVE:4ENTS shoxm on plans or required by City regulation, All the above facilities shall be installed in.the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by,the Subdivider in accordance with said approved plans and specifications. 01-NIL I I � ; The Subdivider agrees that the work of installing the ab,)va improvements shall begin within — _thirty_ ( 30 } days from the date of r.�cording of the final map, and that the work shall be completed withii. ei hteen :18 rap. -ths of said recording date, unless an extension has beer. aranted by the City Council, provided that if completion of said work is delayed by acts of God.or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement.. In.this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply, with the following conditions establi- shed by the Planning CcMmission and /or the City Council: . 1. The 'Subdivider shall pay to the City the sum. of $1,800.00 for in lieu park fees. (12 lots x $150 = $1,800). No credit to be allowed toward construction tax. 2. Grading permit fees in the amount of $160.00 shall be deposited with City and treated as normal subdivision inspection fees: 3. The Subdivider shall pay to the City the sum of $2,836.00 for water acreage and frontage fees. (Acreage = .706 x $1000 = $706) (Frontage = 213 x $10 = $2,130) 4. The Subdivider shall deposit with City, a cash bond in the amount of $450.00 for the purpose of assuring the final monumentation of the subdivision. Said . deposit will be released to the Subdivider upon receipt by the City of a letter from the surveyor indicating he has completed the work and has been paid. Surveyor shall provide the.City with a certificate indicating all buildings are properly located as indicated on the final map. 5.. Subdivider shall allow the City to be reimbursed for plan checking costs. The actual cost of plan checking cannot be determined at this time. The plan checking costs will be transferred from the inspection deposit account when it is finally determined. If upon completion of the subdivision, there is in- sufficient funds in the inspection account.; the Subdivider shall be obligated for the balance prior to acceptance of the tract by the City. 6. Sidewalks on street frontage shall be repaired to the satisfaction of the Public Services Department. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. -2- The Subdivider hereby, laches hereto, and as an inte;i 1part hereof, and is security for the performance of this agreement, (instrnm -nt of credit /b O_ ?d) approved by and in favor of the City of San Luis Obi.zpo, a-nd the faithful performance of this agreement, which said l.strvaj xt of credit /bond) is in the amount of $ 45,000.00 , and which is in the amount of the estimated cost of said improvements.' Subdivider ag.rees to remedy any defects in the improvements arising from faulty wcrkmanship or materials or defective construction of said improvements occurring within twelve, (12) mot.ths after acceptance thereof: In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final compl ^_tiori and acceptance of the work, City will release all but.10% of the improvement security, t'_iat amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in.the improve- ments arising within a period of one.year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on'the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and cpecificaeions, an,_ any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City 1. to accept said improvements or waive any defects in the same or any breach of this' agreement. ' i If the Subdivider fails.to complete the work within . the prescribed time, then in that event, the Subdivider agrees that City may, at its option., declare the bond,. instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to.complete said improvements, or City may complete said improvements and recover the-full cost and expense thereof from the Subdivider or his surety. The.Subdivider agrees to.deposit with the City a labor and material bond t". the amount of 507. of the above described subdivision improvements in accordance with State law. (includes $160 Said Subdivider shall deposit with the City the sum of S 1.600.00 grading fees), from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In.. the event-the inspection fees exceed the sum of $ 1,600.00 , the di ference is.to be paid by the City of San Luis Obispo. The City reserves the rule discretion in determining -3- :)MBI 9 X151', 9b the amounts to be paid for salary and expsn -sz.s cf said '.: src .zor or. inspectors. Article 9 C'x. : :; :ter 1 of the :n T.nis (hisr t�Subdivision" ...1 pir___s ..:rl �•,�c ?`: if is : : ; :� t, '_�: • a:'• .. :; En �r.�e?: P=t . of said Subc ivisic-i Nap, and all c a..: `:.:cn: e.t? s failed with the City by the Subdivider and ,-approved by the City Engineer --re hereby referr d to for further i,'ticuLors ir. tc -p =ling s-ad defining L-hc.cbligations of the Subdivider under: 48 . undc. -tccd r_i)1 agreed by and betueen the Parties hereto that this E'rI( CTe:a Sl` ?�i, t'•ii_;i t ?le hC IYS, executors, adm.-- uistratorS, successors and assigas of the:respecti. %�i P r_i-a. to this agreencat. It is I.h:t the Subdivider will furnish copies of the successful b= dde.r's contract unit pi :ices -ar_d total bid prices for all of the improvements herein refrrr& to. IN WITNESS s:7iT '?0 ^, this agreement has been executed by: day of.. 19 Approved as to form' City Attorney 23rd day of June ., 1922_ SuL3•iv�.der.�� Mayor Kenneth E. Schwartz 11 (� _ _ Attest: City Engineer Wayne Peterson City Clerk J.H. Fitzpatrick RESOLUTION NO. 3349 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 545, SERRANO SIRCLE, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings concerning Tract No. 545 as contained in Ordinance No. 669 (1976 Series). Section 2. This Council now hereby approves the final map of Tract No. 545, Serrano Sircle,.subject to conditions in the Subdivision Agreement attached hereto, marked Exhibit "A" and thereby incorporated herein, and authorizes the Mayor to execute said Subdivision Agreement on behalf of the City. On motion of Councilman Jorgensen , seconded by Councilman Gurnee_ , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: CWfK J.H. Fitzpatrick this 21st day of June , 1977. . acnwarr-z AG:ktm 6/15/77 R 3349 • Resolution No. Final Map: Tract No. 545 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la.MOTTE $ LILLEY City Attorney en crimes (1977 Series) Approved as to content: City AdministrativNQfficer Associate dministrator �� 9� City ngineer � n AGREEMENT THIS AGREDUZZ07, dated this 23rd day of ,Tune , 19LL, by and between King Resnurcec_ a i.imirad Par n rchi p , herein referred to as "Shbdivi•ior ", and the CITY OF SA14 LUIS OBISPO, herein referred to as the. "City''. W I T N E S S E T H: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, Counry of San Luis Obispo, State of California, description of which is shorn on final `iap of.Tract No.��, SERRANO SIRCLE _ City of San Luis Obispo, California ", as approved by the City Council, on the 1sr day of .runs 1912. WHEREAS, the Subdivider desires that said Subdivision T1ap of Said Tract No. 545 , be accepted and approved as a final nap pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and / WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. 7101.1 THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obi-pa, to wit: I. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. UP= MAINS and SL• ?-7ER 11Ali-IS, includic„ sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMEi'TAL METAL ELECTROLIERS 6. EL?:CTaIC, GAS, TZELZPRONE and CABLE TELEVISION: In addition tothe inspec- tion and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. Ai•TY & ALL OTHER I1TPROVFitZVTS shotm on plane or required by City regulatio -. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. W " -,% � 66 1) EX, u r'N 10'� The Subdivider agrees that the work of install_':;., the .:L. e:e : :prm ✓eE.wrts shall begin within thirty (30 ) days from tb^_ rint•: of r:cordin;: of the final map, and that the work shall be completed within _eithtecn ._ _ '' -18 ✓o; ;i:-.s of said recording date, unless an extension has been fraated by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not -operate to relcase the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of Califor.in. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Cammission and /or the City Council: 1. The Subdivider shall pay the City the sum of $3,150.00 for in lieu park fees. (21 x $150 = $3,150) D 2. Grading permit fees in the amount of $150.00 shall be deposited with and pbl treated as normal subdivision inspection fees. p�gt� fi. The Subdivider shall deposit with the City a cash bond in the amount of $325 for the purpose of assuring the final monumentation of the subdivision. 4. The Subdivider shall allow the City to be reimbursed for plan checking costs. The actual cost of plan checking cannot be determined at this time. The plan checking costs will be transferred from the inspection deposit account when it is finally determined. If, upon completion of the subdivision, there is insufficient funds in the inspection account, the subdivider shall be obligated for the balance prior to acceptance of the improvements by the City. jl 5. The Subdivider shall pay the City the sum of $6,975.00 for water acreage and fP5 1 frontage fees. (Acreage = 3.645 acres x $1,000 = $3,645.00) and (Frontage = Il`�1 1 384.48 x $10.00 = $3,844.80) less $514.80 deposited with City 8- 27 -73. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. -2- r � prt^a9T "A" fi f The Subdivider hereby attaches hereto, and as an inte;ral part hereof, and as security for the performance of this agreement, ('_;tsurliment of credit /bo;d) approved by and in favor of the City of San Luis Obi.c;o, and coneition -1 ti.-,nn ti.o faithful performance of this agreement, which said (:^_trum• ^.nt of.credit /bond) is in the amount of $ 85.000.00 , and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of'the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 107 of th_ improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this! agreement. If the Subdivider fails to complete the work within the prescribed time, then f in that event, the Subdivider agrees that City may, at its option, declare the bond,. .instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. , The Subdivider agrees to deposit with the City a labor and material bond en the amount of 50% of the above described subdivision improvements in accordance ' with State law. �Iye`11 Said Subdivider shall deposit with the City the sum of $ 2,700.00 (includ;ag $150 L grading fees) from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event.the inspection fees exceed the sum of $ 2.700.00 , the difference is to be paid by the City of San Luis Obispo. The City reserves the sule discretion in determining -3- EXHIBIT 66 }f C the amounts to be l:sid for salary and e::p ^_Hats ci said irlLpc:cor c* inspectrr_-a. Article 9, C':.:pter I of the San Luir Ohisno .le _ 'c, :a.it. ?._d "Subdivisicr." f.il p i_ a zd :.cifica.._c,. . . .. .. 'Y'. . _cy Enj'in_er 13 a p=t of said Subcivisica Bwp, and all oct:o :fled with the City by the Subdivider and appraved by the City Ergi.nuer are heresy refarr'�d to for furth:r p.articul -L s it ir.tarprcting and defining t obligations of the Subdivider unda_ Luis agrearsnt. ..t is urdarrrcoa and agreed by and between the Parties hereto that this agreement sh :tll tt-3 the heirs, executors, administrators, successors and assigns cf the respacri,ra F,- .r..i2a to this agreement. I: is a3re,d that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WMMSS F;a;:Y.r•.OF, this agreement has been executed by: 2 day of- j 19 Approved as to fora City Attorney 23rd day of June , 1977 Ci jngineer Wayne Peterson v Attest: ity Cler:c J.H. Fitzpatrick —4— EXHIBIT "N" a PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we, King De e 4pinent (hereinafter called "Principal "), as Principal, and Fireman' S Fund Insurance Company a Corporation organized and existing under the laws of the State of California. , and authorized to transact business in the State ofCalifornia (hereinafter called "Surety "), - as Surety, are held and firmly bound unto City of San Luis Obispo, State of California (hereinafter called "Obligee "), in the penal sum of Eighty -five Thousand and 00 /100---------- - - - - -- Dollars ($85,000) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 21stday of June 19 77 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 21st day of June 1917, covering On -site and which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THE ABOVE. OBLIGATION IS SUCH: That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and STATE OF— California _ ) COUNTY OF -_San Luis Obisp_ —} ss. - - -- On this___.- 215_t__day ofZ11I1�— —, in the year 19_771 before me, ______Barbara J. Hansen ---------------------------------------------- a NOTARY PUBLIC is and for said County and State, personally appeared Gregory R. Morris known to me to be the person whose name is subscribed to the within instrument as the Attomey -in -fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney -in -fact. r OFFICIAL SEAL IN WITNESS WHEREOF, I have hereunto'set my hand and.affixed my official seal, at my BARBARA J. HANSEN office, in .said County and State, the day and year in this certificate first above written. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN fr ,.ew SAN LUIS OBISPO COUNTY - -_ __ —___ My �0(IITIIS;'.Cn Expires June 23, 1978 Notary Public in and tar said County and State June 23, 1978 MY commission expires--___-- ___- ------- -- - - - - --- 19MQ7 - 5 -fib BOND No. 6299053 rFIREMAN'S FIREMAN'S FUND INSURANCE COMPANY ^��� FUND THE AMERICAN INSURANCE COMPANY SURETY CORPORATION - ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE C O M P A N I E.5 NOME OFFICE: SAN FRANCISCO, CALIFORNIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we, King De e 4pinent (hereinafter called "Principal "), as Principal, and Fireman' S Fund Insurance Company a Corporation organized and existing under the laws of the State of California. , and authorized to transact business in the State ofCalifornia (hereinafter called "Surety "), - as Surety, are held and firmly bound unto City of San Luis Obispo, State of California (hereinafter called "Obligee "), in the penal sum of Eighty -five Thousand and 00 /100---------- - - - - -- Dollars ($85,000) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 21stday of June 19 77 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 21st day of June 1917, covering On -site and which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THE ABOVE. OBLIGATION IS SUCH: That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and STATE OF— California _ ) COUNTY OF -_San Luis Obisp_ —} ss. - - -- On this___.- 215_t__day ofZ11I1�— —, in the year 19_771 before me, ______Barbara J. Hansen ---------------------------------------------- a NOTARY PUBLIC is and for said County and State, personally appeared Gregory R. Morris known to me to be the person whose name is subscribed to the within instrument as the Attomey -in -fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney -in -fact. r OFFICIAL SEAL IN WITNESS WHEREOF, I have hereunto'set my hand and.affixed my official seal, at my BARBARA J. HANSEN office, in .said County and State, the day and year in this certificate first above written. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN fr ,.ew SAN LUIS OBISPO COUNTY - -_ __ —___ My �0(IITIIS;'.Cn Expires June 23, 1978 Notary Public in and tar said County and State June 23, 1978 MY commission expires--___-- ___- ------- -- - - - - --- 19MQ7 - 5 -fib GENERAL POWER OF ATTORNEY FIREMM NIS FUND INSURANCE COM -PANY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S I'UND INSURANCE CnN1PANY, o Corporation duly orgunized and existing nml,•r the Inwr. ul lilt. :;title of C-dilornin, mirl hrtvuxl it;, principal u!ha• n, tit,-, City and County of San Francisco, in sand State, has w,td,•, run::ulnl,•d and oppouiti ci. and doe:: by tho:o• prosents utnkr, ron : :ntuh• rind appoint - - - -- GREGORY R. MORRIS - - - -- its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof -------------------------------------------------------- - - - - -- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in- Fact may do in the premises. This power of attorney is granted pursua-it to Article VIII, Section 30 and 31 of By -laws of FIREMAN'S FUND INSURANCE COMPANY now in (till fort,: and effect. "Article VIII. Am ... irrt nuv,t end ,l ufhnrif rr q/ Rcsidrnf : .,.ista.t Srerrfnrrrs, and a[tnrnrp- in -Faet and :Lecuts to accept Leaal Process and Atake .1 Pyre rn nrr•s. Se•:tion 30. .rpp,.intment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vire- President, may, from time to time, appoint Rosident Assistant Seeretanes. and A ttorneys.in -Fact to represent and act for and on behalf of the Corporation and Aaents to accept legal process and make appearances for and on behalf of ttie Corporation. .•, 'tout 31. .fur /wrir.r. The Authority of such Resident Assistant Secretaries, Attorn,rys.m Fact, and Agents r.hall be as presrribod in the instrument , vid• m-niq ttnur Arrcinimenl. and nny such appointment and all authority aronted thereby may be revoked at any time by the Board of Directors ar by .iny perscn ,�dipowen•d to mak,r such appointment." 'flue: I.)wrr Uf Attorney is shined and sealed under and by the authority of the following Resolution adopted by the .Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966, and that snid Resr,lulion h,is nvl hv-, r, rnnended or repelled: "RESOLVED, that the signature of any Vice- President. Assistant Secretary, and Resident Assistant Secretary of this Co :peration. and Iha seal of this: Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate rotating thereto, by facsimile, and any power of attorney, any revocaliun of any power of attorney, or certificate bearing :ach facsimile :signature or lacsimite seal shall be valid and binding upon the Corporation." IN WITNI:SS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice- President, ,md us a,rpurritc seal to be hereunto afltxed this 16th _ day of_ `� o j�Q- STATE OF CALIFORNIA. ss. CITY AND COUNTY OF SAN FRANCISCO — - May - - - -- -- - 19 77 _. FIREMAN'S FUND INSURANCE COMPANY - Vice - President On [his 16th day of_ ..__ —_.._ —May -. -- - - -. 19 -71._, before me personally came — W{ l liaM-W _1AUbieX -- to itw known, who, being by rein duly - sworn, did depose and say '. that he is Vice - President of FIREMAN'S FUND INSURANCE COM- PANY, th,. Corporation drscribod in and which executed the above instrument; that tie knows the seal of said Corporation; that the .. ,tl ash z,•1 I,, the saici utstrutm:nl is such corporate seal; that it was so allixed by order of the Board of Directors of said Corporation ,tort Ili.,, lo• ::tynad his nuns.: thereto by like order. IN WITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. Wunnununuun>tlsr :rr•;r :n ' veua.cu= urae. :nin -7 � SUSIE K. GlaERT 0 p - - - - - -- g NOTARY PUBLIC - CAUFORNIA Notary Public It3A CITY a COUNTY of SAM FRANCfuo MY Commission Expftas Nos. 17, 198D a�a CERTIFICATE ®wNwlewnN ATE O CALIF(�t nnmuun® STATE OF CALIFOA�YA, CITY AND COUNTY OF SAN FRANCISCO 1. Ili.. :nln,•,I, A::sc:tatu Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation. DO HEREBY un,ior. (:rIn'IFY t!n:i tin: fun :gouut ,irA attach,:d POWER OF ATTORNEY rernains in full force and has not been revoked; and furthermore 11, it Arlwl,• VIII, Soctiunn :30 and 31 0l the Bylaws of the Corporation, and the Resolution of the Board of Directors, set forth in the P vv, -r .d Ai!. rney, aro now in force. Signed and sealed at the City and County of San Francisco. Dated the day of 19 :/ '- ••- n ` Assistant Secretary 360546 (HO) -- FF — 11 -76 SAN LUIS TELEP 805) 544-4444 • �' awn w RAILROAD SQUARE C' G SAN LUIS OBISPO, CA. 93401 aowm i PAY /ii�i�� i�••v�.� cs�.i /uiv��u TO THE C/7 o� �!9 -rCJ ,c-uis G7Z�is�c� ORDER OF •1:1222EE132701: 04 ell 002b511S[in NATIONAL BAN K ILL ewo. 90-3270 CALironn•w aLel - 1222 oQ V 1 CFIECK NO. AozroOOLLAPS CEN'