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HomeMy WebLinkAboutCC Resolution 7872 (Spinnaker Point Unit 5)RESOLUTION NO. 7872 RESOLUTION APPROVING FINAL 14AP OF SUBDIVISION ENTITLED, " SPINNAKER POINT UNIT 5 it WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on December 5 , 1988 , in writing, recommend to the City Council of said City the approval of the final map of " SPINNAKER POINT UNIT 5" It, consisting of two (2) sheets, hereinafter referred to; and WHEREAS, it appears to said City Council and said City Council hereby finds and determines said map is in conformity with the re- quirements of the Subdivision Ordinance, Title 15 of the San Rafael Municipal Code, and that said City Council is satisfied with the plan of the subdivision; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that the final map of said sub- division, approved by the Planning Commission of said City on November 15 , 19 88, and entitled, MAP OF SPINNAKER POINT UNIT 5 ", be and the same is hereby approved, and that the City Clerk of said City be and she is hereby authorized and directed to execute the certificate upon the face of the map of the approval thereof and, upon the filing with the City Clerk of the agreement and bond (or deposit) with the approval thereof all as required by Sections 15.20.060, 15.20.080, and 15.20.090 of said Subdivision Ordinance, to transmit said map to the Clerk of the Board of Supervisors of Marin County; IT IS FURTHER RESOLVED that that certain agreement entitled, "AGREEMENT (SUBDIVISION IMPROVEMENTS) MAP OF SPINNAKER POINT UNIT 5 ", being the agreement required.by Section 15.20.080 of said ordinance, shall, when executed and filed by or on behalf of the subdivider and approved by the City Attorney and City Manager as provided in Section 15.20.060 of said ordinance, be executed on behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized and instructed so to do; IT IS FURTHER RESOLVED that upon the execution, filing and approval of said agreement and bond and the recordation of said 1. 7g 7;�L final map, all in accordance with the requirements of said ordinance appertaining to said agreement and bond and the recordation of said map, the City accepts the dedication of all public streets, public utility easements and anchor easements, all as shown thereon for public use as such, and the City does hereby remove any one (1) foot non -access strips on any public dedicated right-of-way adjacent to this subdivision. I, JEANNE M. LEONCINI, Clerk"of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of December 19 88, by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 2. L�Clerk EANNE M. LEON 1TtL7 11 ts,Nw � t \1lL3Yt38V3 NOODVI � �,R•an.s►.tu7•�1 « ro•7u+.u.sn� N PO'fCT�' poo" 74,16,49w l3'V'4VN NNS d0 •saNV-1 ux•r:u+w g QQ �C i�f IY,•LK.II.itw1 Aenn.n.s•+-- i9: W W 'u Sc i � Q s 'D y S Hm gp m a.n.s,al- 3 N ,117.1 JS,K.t•N il(,Ht �py� x iG '3T19 d.,q $ 1A All 0p0 w7121."1 Z R§X 8 x o Z pP97 llts;fe, a $ x $ww U 8$ K A in >1 sy w S a ZQ 0 0 �Fi7 o R Z r p h � �,R•an.s►.tu7•�1 « ro•7u+.u.sn� N PO'fCT�' poo" 74,16,49w l3'V'4VN NNS d0 •saNV-1 9 94 1 19 ®D o a 4 a 4 N e a a r I � � i9: W W 'u Sc i � Q s 'D y S Hm 9 94 1 19 ®D o a 4 a 4 N e a a r A G R E E M E N T (SUBDIVISION IMPROVEMENTS) THIS AGREEMENT is made this 19th day of September , 19 88 and is entered into by and between the City of San Rafael, hereinafter referred to as "City", and Spinnaker Point Partnership hereinafter referred to as "Subdivider" both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivi- sion map (hereinafter called "Map" entitled „ Spinnaker Point Phase V The map has been filed with the City Clerk of City for presen- tation to the City Council of the City for its approval, which map is hereby referred to and incorporated herein; Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of said im- provements in, appurtenant to, or outside the limits of subdivision., which plans and specifications are now on file in the office of the City Engineer of City. Council of said City on the . day of _QF,(r, , 19_0, adopted its Resolution approving map, and has accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this agreement with City, and meet the requirements of said resolution: and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Ordinance No. 546 (as amended) of City. - I - ia'��Y NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider's obligations under said Subdivision Map Act and said ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider'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 improve- ments as shown on the improvement plans dated (Ig� egg said plans approved and signed by the City Engineer on 12/5/88 and Subdivider will comply with all provisions of the San Rafael Municipal Code, the Subdivision Map Act, and all conditions of ap- proval of said subdivision map. Subdivider shall construct and complete all of the improve- ments, including all, but not limited to, streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision designated in said map, all in accordance with, and as required by, said improvement plans and specifications for all or any of said improvements in, or appurtenant to, or outside the limits of said subdivision, which improvement plans and specifica- tions are now on file in the office of the City Engineer of City, and Subdivider shall also do all other work and furnish all other materials necessary in the opinion of the City Engineer, and on his order, to complete the improve- ments in accordance with said improvement plans and specifications on file 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. - 2 - 2. Fork; 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 the plans and specifications therefor, heretofore approved by the City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work; Time fot Commencement and Performance. City hereby fixes the time for the commencement of said work to be on the 5 day of _�EG , 19_M, and for its completion to be within _3 p O calendar days thereafter. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that Citc Engineer shall be able to provide services of inspection. 9. Time of Essence - Extension. Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacement. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider 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 - 3 - hereunder, wheth such property be owned by the . ited 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 be to the satisfac- tion, and subject to the approval, of the City Engineer. 6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connec- tion of any and all public utilities to be supplied by such public utility corporation within the subdivision. 7. Permits; Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or super- intendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. 9. Inspection by City Engineer. All improvements required hereunder shall be inspected by City Engineer. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City Engineer, to all parts of the work, and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish: 4 - (1) a surety bond in amount equal to at least one hundred percent of the contract price as security for the faithful performance of this agreement; and (2) a separate surety bond in an amount equal to at least fifty percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this agreement. The surety on each of said bonds and the form thereof shall be satisfactory to the City Attorney. 11. Hold -Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from ani liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, 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: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described in paragraph 12 hereof. - 5 - b. That the aforesaid hold -harmless agreement by Subdivider 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 operations 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 regard- less of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance. Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph, nor shall Subdivider allow any con- tractor 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 endorse- ments and shall specifically bind the insurance carrier. a. Compensation Insurance. Subdivider shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Subdivider's employees employed at the site of improve- ment, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation insurance for all con- tractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. 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, - 6 - Subdivider shall provide, and shall cause each contrac- tor and sub-contractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider hereby indemnifies City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damage Insurance. Subdivider shall take out and maintain during the life of this agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontrac- tor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or sub- contractor, or by any one directly or indirectly employed by either Subdivider or any contractor or \\ subcontractor, and the amounts of such insurance shal ._) 1 iI� � be as follows: 1 (1) Public Liability Insurance. J���r1• `� In an amount not less than :&_SOC1rCS60zfor injuries, including, but not limited to, death, to any one L person and, subject to the same limit for each person, in an amount not less than�I.CVLhC)on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than k:!O�for damage to the property of each person on account of any one occurrence. - 7 c. Cross -Liability Endorsement. 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, insur- ing on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor perform- ing work covered by this agreement. 13. Evidence of Insurance. Subdivider shall furnish City concurrently with the execu- tion hereof, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least ten days' prior notice of the cancella- tion or reduction in coverage of any policy during the effective period of this agreement. 14. Title to Improvements. Title to, and ownership of, all improvements within ac- cepted public rights of way and public easements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improve- ments by City, as evidenced by the filing of the Notice of Completion with the County Recorder. 15. Repair or Reconstruction of Defective Work. Subdivider guarantees and warranties all work performed under this agreement for a period of one (1) year after final acceptance of the work. If within said one year period, any structure or part of any structure furnished and/or installed or constructed or caused to be installed or constructed by Subdivider, 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, - 8 - Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider 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 Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 16. Subdivider not Agent of City. Neither Subdivider nor any of Subdivider's agents or con- tractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to the City all inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's con- tractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety declaring breach of this agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performanc; of Surety or City. In the event of any such notice, Subdivider's surety shall - 9 - have the duty tL ake over and complete the work a,.j the improvement herein specified; provided, however, that if the surety, within five 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 five 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 Subdivider; and Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and neces- sary therefor. 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 OF SAN RAFAEL, C/O CITY ENGINEER, CITY HALL, SAN RAFAEL, CALIFORNIA. Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed as follows: Spinnaker Point Partnership, P. 0. Box 3389, San Rafael, California 94912 provided that any party or the surety may change such address by notice in writing to the other party, and there- after notices shall be addressed and transmitted to the new address. 21. Warranty that Plans and Specifications are Adeauate. Subdivider warrants that the plans and specifications above described are adequate to accomplish all of the improvement - 10 - work templated by this agreement in a ad and workman- like manner, and in accordance with accepted construction practices. Should said plans, specifications, and/or work contemplated by this agreement at any time within a period of one year after final acceptance of the work performed hereunder prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to said plans and specifications and accomplish said work in a good, workmanlike manner, and in accordance with accepted construction practices. 22. Attorney's Fees and Expenses of Litigation. Should City be required to institute legal action to compel performance of this agreement, Subdivider agrees to pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by Citp in connection therewith. 23. "As Built Plans". A complete improvement and grading plan "as built" shall be filed with the City Engineer upon completion of the said work and improvements. (Sea]) (If the Subdivider executing this agreement is a corporation, a certified copy of the By -Laws or Resolution of the Board of Directors authorizing officers of said corporation to execute this agreement shall be annexed hereto.) APPR ED AS TQ SUFF ENCY: City Engineer APPROVED AS TO FORM: Lot Q � dA� city orney - bj L4 CITY OF SAN RAFAAEL Mayor BYCit� y `erk SUBDIVIDER SPINNAKER POINT PARTNERSHIP, a California General Partnership Sub Ivioer , B , ,r% /f rues- t7cnerai rartner BY Y Sddr�. endricks - General Partner (Mayor's and Subdivider's Signatures must be Notarized) .. q'. t '.t,+�- _ fir. .i..• :,r,:_" _• . .�.•,.!•�11•..�::.. _. ,l.• .u._ __.•'4��'_.:+a...-:.15 •.a:l(i�I'`il'ai�' :-. .. _,., .'y\;.•;�ir�`,t'' •io'• �� �� .. _ _ �..6i.i•.._._.s..._._-,....s__........._A..••i. .,1 .. _�.a.. - 1f SLATE OF CALIFORNIA ss. COUNTY OF MARIN On this 14th day of DECEMBER , 1988, before me, JEANNE M. LEONCINI, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. MULRYAN , personally known to me (.ar.-proved-to-me-4z.4he. basis• -of -sat!sfaaary -eytdenee� to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the day and year in this certificate first above written.JEANr; M. . Inti:• '• . t, ��-. Y M Cor JEANNE M. �, �CIN NOTARY UBLI to and forr^J� 1460 5th Ave P 0 L c^ S,.-, F-'--rcr said County and State. (Partnership) STATE OF CALIFORNIA SS. ' COUNTY OF Marin p, December 5, 1988 beforeme the undersigned, a Notary Public in and for said State, personally P hall appeared Dennis R. Horne and Sidney J . Hendricks lar proved to me on the basis of satisfactory evidence) to be General Partners ft},ep„u,a,oft},epartnersh;p that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS mL hand and official seat c &gnarure Arline J. Bastien Form 3215 (CA 12-82' (known to mel fni.u's/w O&MI lmail sense Addr.r, Urs a L 53.1. ... tl t,. r\ I l% l.) L U U r RECORDED S � �j5 AND WHEN RICORDED M I') 1-• ; 1% PAG . Sidney J. Hendricks `� RECUiD ) 655 Redwood Hwy. #300 ul.iJ ;AGO TITLE INS. CO Mill Valley, CA. 94941 I BY . 'e-& J SPACE ABOVE THIS LINE FOR RECORDER'S USE Power ®f Attorney Know All Men by These Presents: That SIDNEY J. HENDRICKS the underaigned ( jointly and severally, if more than one) hereby make, constitute and appoint __ GARY HA my true and lawful Attorney for me and in my name, place and stead and for my use and benefit: fat To ask, demand, nue for, recover, collect and receive each and every sum of money, debt, account, legacy, bequest, interest, dividend, annuity and demand (which nnw is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use and take any lawful mrans for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to compromise or compound any claim or demand; th) To exercise any or all of the following powers as to real property, any interest therein and/or any building thereon: To enniraet for, purchase, receive and take possession thrrrof and of evidence of title therctu; to lease the same for any term or purpose, inrhtding liars fur llusinrss, residence, and oil and/or mineral devrlopmrnt; to sell, exchange, grant or convey the same with or withuut warranty; and err mortgage, transfer in trust, or nlhrrwisc rnrutnbrr or hypothecate the same to arcure payment of a nr.gntiable or non-negotiable note or prrforntance of any obligation or agreement; Irl Tu rxrrvi►r any or all of Ihr foll„oing p4.++rr. a. In all Lind+ 44f per -4.11111 properly still good►, warm and nn•n•lsafill i 01141r. in u4 til -ii and other pnr14•ry ill {114-.r+=ins 444 in u4 two: '1'44 4oulra4l f.4r, buy, s4•II, exchange, Iruusfrr and in any Irgul nsuun4•r 11--u ill ati4 Mills fill- sanse; and to morign{:4•, ItatiArt in leu -1, tit 4d hrn+i-l- vntuntbrr or hypnllicrate the same to secure payment of a nrg441iahlr err u4ut•nr4nliahlr nate or pvrfr4rmunrr 441 any. 4.blirnti-nt 4,r upr4•rnn•nt t (d) To burrow money and to execute and deliver negotiable or non-nrgotiahle notes therefor with or without security; and to loan money and receive negotiable or non-nrgotiable notes therefor with such security as he shall deem proper; (e) To create, amend, supplement and terminate any trust still to instruct and advise the trustee of any trust wherein I am or may be Irtlstor or beneficiary; to represent still vote stuck, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, con<olidatinn nr nther action and the extension, cnmpromise, conversion, Adjust— mint, enforcement or forrclosure, singly nr in conjnnclinn with others of any corporate Block, bond, note, debenture or other security; to compound, compromise, adjust, settle still sslisfy any obligation, secured nr unsecured, owing by or to me and to give or accept any property aral/r.r money whether or not rqual to or le-. in vaiue than the amount owing in payment, settlement or satisfaction thereof; 1 f) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge and deliver any deed, Iezac, asign- merit of lease, covenant, indenture, indrmni;y, agreement, mortgage, deed of from, assignmrnt of mnrigage or of the beneficial interest under drrd of trust• extrn�ion or renewal tit any obligation, subordinatinn or waiver of priority, hypothecation, bollomry, charter-party, bill of lading, bill of sale, bill, bond, nnie, whither nrgotiab)r or non•nrgotiable, receipt, evidence of debt, full or partial release or satisfaction of murlFage, judgment and other debt, request for partial or full reconveyance of deed of trust and such other instruments in writing of any kind or class as may be necessary or prnper in the premisrs. Giving and Granting unto my said Attorney (till power and authority to do and perform all and every act and thing whatsoever requisite, nrrrssary or appropriate In he done in and about the premisrs As fully to all intens and putposes as I might or could do if personally Prrsrnl, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these prencnts. The powers and anlhority hrreby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter ac. gtiircd by me and wherever situate. My ssid Attorney is empowered herchy to determine in his %ole discretion the time when, purpose for and manner in which any power hr•rrin ronferred upon him %hall lie exerci+rd, and the conditions. prnvisions and revenants of any instrument or document which may be wwrittrd 14y him pursuant heron; anti in the argniailiun or dispotitinn of real or �prrsonal property, my said Attnrncy %hall have exclusive pnw•rr In fix thr Irons thereof fnr rash, credit and/or property, and if nn credit went, or without security. The undrrsignrd, if a married woman, lirrrhy furthrr authorizes and rmpowrra my said Altornry, as my duly authorized agent, to join in my brlinlf, in the• rxrrutinn of any immirtirnt by which any ennununity real property or any intrrcat therein, now owned or hrrrafirr acquired by my spnu-r and myself. or tither at us, is sold, Irased, encumbered, or rnnveyrd. When life rnntext sit requires, the masculine gender includr% the feminine and/or neuter, and the singular number includes the plural. Wialess my hared this-2nd—.—.clay of MaY V STATE OF CALIFORNIA, COUNTY OF Marin (Ili .%'a. i 2, 1.985 before me. a Nntary Public in and for said County and State, personally appeared Sidnev J. Hendricks known to me to be. the person_wl&se name is subscribed to the within instrument and acknowledged that he executed the same. wiTNESS my hand and official seal. —V OFFICIAL aFAI. fl: •�T r tgall !:�•' }+,i^ii 11'••"yt�f Pal; -,i -7r Bnrnecul r l ��t ��'-f•-•'t N;J).11iYFU7LIC-CAIIt-:)r1Nl� > __._ t +'��I ;.�N�ttJ: I'nm.ip:11 01;ict in PA111t! 1••ututly t yJJn�y a mer I )Ut f MY Commission Expitos,luly 72 190.5 , Nome Mlivtl tit Ptilslyd) ~-tart, Public in and 144r enid I'nunt) and Sluff