Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-13011 May 4, 1998 - Temp. Reso. #8251 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- / 30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A TRAFFIC CONCURRENCY AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC AND MOBIL OIL CORPORATION FOR ROAD CONCURRENCY RELATING TO THE "MOBIL 02-NPG PLAT"; LOCATED AT 5600 NOB HILL ROAD; CASE NO. 1-AP-98; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "Mobil 02-NPG Plat" (attached hereto as Exhibit "A") has been submitted by the applicant and approved by the City Commission of the City of Tamarac on April 30, 1997 (R-97-89); and WHEREAS, the "Mobil 02-NPG Plat" (attached hereto as Exhibit "A") has been has been submitted by the applicant for approval by the Board of County Commissioners of Broward County; and WHEREAS, the "Mobil 02-NPG Plat" was approved subject to certain conditions to ensure the protection of the public health and safety, and one (1) of the conditions imposed at the time of Plat approval was the construction of certain improvements; and WHEREAS, the parties desire to enter into this Agreement to satisfy concurrency requirements for compact deferral areas relating to the "Mobil 02-NPG Plat" located at 5600 Nab Hill Road; Case No. 1-AP-98, as described in Attachment 1" ("Traffic E d May 4, 1998 - Temp. Reso. #8251 2 Concurrency Agreement Among Broward County and the City of Tamarac and Mobil Oil Corporation for Road Concurrency Relating to the Mobil 02-NPG Plat"); and WHEREAS, the Director of Community Development has reviewed the Agreement and recommends approval; and WHEREAS, the City Commission reviewed the Agreement at a public meeting; and WHEREAS, both Broward County and the City of Tamarac must approve this Agreement prior to the "Mobil 02-NPG Plat" being recorded in the Public Records of Broward County; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve a Traffic Concurrency Agreement between Broward County and the City of Tamarac and Mobil Oil Corporation for Road Concurrency Relating to the "Mobil 02-NPG Plat", located at 5600 Nob Hill Road; Case No. 1-AP-98. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That upon recommendation of the Director of Community 1 1 1 May 4, 1998 - Temp. Reso. #8251 3 Development, the Traffic Concurrency Agreement between Broward County and the City of Tamarac and Mobil Oil Corporation for Road Concurrency Relating to the "Mobil 02-NPG Plat" (attached hereto as Attachment 1 "), is HEREBY APPROVED. SECTION 3: That the appropriate City Officials are hereby authorized and instructed to execute said Traffic Concurrency Agreement. SECTION 4: That the City Clerk is hereby authorized to record said document in the Public Records of Broward County, Florida. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 0 SECTION 7: passage and adoption. May 4, 1998 - Temp. Reso. #8251 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this J 3 day of //A Y , 1998. JOE SCHREIBER MAYOR ATTEST: CAROL G D, CMC/AAE CI CLERK I HEREBY CERTIFY that I approved this E (bLUTION as to form. MITCHELL"S. KRA CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\8251 reso MAYOR E SOCHRD RE BER MM S DIST 1: COMM, McK,gYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: C� OMM. ROBERTS VOTE Return recorded document to: Broward County Development Management Division Is 115 South Andrews Avenue, Room A240 Fort Lauderdale, Florida 33301 Document prepared by: Maite Azcoitia, Asst. County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD COUNTY AND THE CITY OF TAMARAC AND MOBIL OIL CORPORATION 0 FOR ROAD CONCURRENCY RELATING TO THE MOBIL 02-NPG PLAT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY" through its Board of County Commissioners; and The CITY OF TAMARAC, a municipal corporation created and existing under the laws of the State of Florida, hereinafter referred to as "CITY," and MOBIL OIL CORPORATION, its successors, and assigns hereinafter referred to as "DEVELOPER." WHEREAS, Chapter 5, Article IX, Broward' County Code of Ordinances, requires that the regional transportation network be adequate to serve the reasonably projected needs of proposed developments; and TEMP RESO #8251 EXHIBIT 111" • WHEREAS, Sections 5-182 of said Chapter 5 more specifically require that an application for a development permit satisfy concurrency requirements for compact deferral areas; and WHEREAS, DEVELOPER has applied for approval of the MOBIL 02-NPG Plat (016- MP-97) more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, on February 10, 1998, the Broward County Development Management Division issued a Notification of Failure to Satisfy Broward County Concurrency Standards for the regional transportation network, finding that the application for approval of the plat does not satisfy the compact deferral area concurrency standards for the regional road network as stated in Section 5-182 of the Broward County Land Development Code ("CODE"); and WHEREAS, COUNTY has undertaken a road project along Pine Island Road, from Oakland Park Boulevard to north of Commercial Boulevard which would provide capacity on the impacted road link; and WHEREAS, Developer has conducted a study and has determined that COUNTY's project will mitigate the Plat's traffic impacts so that the Plat will satisfy Broward County concurrency standards; and WHEREAS, DEVELOPER has agreed to pay a share of the cost of COUNTY's road project, proportionate to the Plat's impact; and WHEREAS, the Broward County Development Management Division has approved these remedial measures and finds that its concurrency requirements for the Plat will be met with the execution of, and compliance with, the terms of this Agreement by DEVELOPER; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and DEVELOPER agree as follows: 1. The above recitals are true and correct and are hereby incorporated herein. 2. Construption of Improvements. (a) DEVELOPER agrees to pay the amount in Exhibit "B," attached hereto, which represents DEVELOPER's proportionate share of the cost of the IMPROVEMENT(S) described in Exhibit "B," hereinafter referred to as "the -2- • Improvements." DEVELOPER agrees that payment must be made prior to receipt of the first certificate of occupancy for property within the Plat. (b) DEVELOPER shall provide to COUNTY, contemporaneously with this agreement, a Letter of Credit or Surety Bond, attached hereto as Exhibit "C," in the amount of $ 11 -7S 2S in a form acceptable to the COUNTY, which represents 1001% of the amount of payment to be made to COUNTY for the IMPROVEMENT(S). 3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and complying with the terms of this Agreement, DEVELOPER has satisfied the adequacy of the Regional Roadway Network requirement of Section 5-182 of the Broward County Land Development Code for the PLAT as approved by the COUNTY. 4. CITY agrees not to issue a certificate of occupancy for any development within the Plat until the completion of IMPROVEMENT(S). 5. This Agreement shall be recorded in the Public Records of Broward County and shall be binding upon successors and assigns. 8. Applicable law and Venue: The parties agree that this Agreement shall be construed in accordance with the laws of the state of Florida. Venue for any action arising from this Agreement shall lie in Broward County, Florida. [Intentionally left blank] -3- 0 �J IN WITNESS WHEREOF, the parties hereto have made and executed this Agree- ment on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 19 , CITY OF TAMARAC, signing by and through its A4/V my authorized to execute same, and DEVELOPER, signing by and through its duly authorized to execute same. ATTEST: CQUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the gy Board of County Commissioners Chair of Broward County, Florida 10 day of .. , 19 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-6968 0 Assistant County Attorney is TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD COUNTY, THE CITY OF TAMARAC AND MOBIL OIL CORPORATION FOR ROAD CONCURRENCY RELATING TO THE MOBIL 02-NPG PLAT CITY Wi Hess signature Witness name printed Witness signature L ode Ho 11._-\N i �.�ocC�.l., Witness name printed CITY OF TAMARAC ayo r-COMAMOMIDOWC Joe Schreiber 13 day of May `, 19 98 ATTE I�� S City Clerk t'aCaro la, CMC/AAE k� City Manager Robert. S. Noe, Jr. CORPORATE SEAL STATE OF FLORIDA COUNTY OF BRowARD The foregoing may, 1998 by who has produced ._ y of . _ May 1998 APPR V D AS TO R i By City Attorney el.l S. Kraft SS instrument was acknowledged before me this 13 day of roe Schreiber Mayor, who i personally known me or as identification / --ff-el t�z Aelll�z� My commission expires: NOT PUBLIC Commission No. 1P'IRr 0�'/ C)FFICIAL NOTARY ]ISIKALo i ' PHYLLIS POLIK.COMMISSION NUCC39039MY COMMISSIONof i•�� T Z3 19 d L/moo Type or print name -5- TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD COUNTY, THE CITY OF TAMARAC AND MOBIL OIL CORPORATION FOR ROAD CONCURRENCY RELATING TO THE MOBIL 02-NPG PLAT DEVELOPER Witnesses: Print name:v By Print name: Title: Print name: Address: i (CORPORATE SEAL) 0 ACKNOW D MENT - INDIVIDUAL STATE OF ) ) SS COUNTY OF ) rle -tc11 VA ZZC37 3 day of ,q ' % , 19 t2 The foregoing instrument was acknowledged 19 , by before me this day of who is personally known to me or who has produced as identification. (Seal) My commission expires: • " NOTARY PUBLIC: Print name: Commission No.: COMMONWEALTH OF VIRGINIA ) COUNTY OF FAIRFAX ) On the day of 1998, before me personally came D. J. Fisher, to me known to be the individual escribed in and who executed the foregoing instrument, and to me known to be the attorney -in -fact of MOBIL OIL CORPORATION, the corporation described in and which by its said attorney -in -fact executed the same, and acknowledged that he executed said instrument as the act and deed of said MOBIL OIL CORPORATION by virtue of a power of attorney dated November 27, 1996, and recorded in the Official Records Book, in the County of Broward, State of Florida, on January 13, 1997, Book 25901, Page 0792. KIMBEALY WHE9LANb (Notary rM Cpm'mission Expires Nov. 30, 200p ni j� �lir,. rY,')nU,Frelth nFl/irpinia Notary Pu lic My Commission Expires • 0 Commonwealth of Virginia ) AFFIDAVIT County of Fairfax Before me, the undersigned authority on this day personally appeared D. J. FISHER, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION, a New York Corporation, who being by me first duly sworn and under oath deposed and stated as follows: My name is D.J. Fisher and I am Administrative Manager of Marketing Real Estate ofMOBIL OIL CORPORATION, a New York Corporation (the "Company"). I have been appointed as a true and lawful Agent and Attorney -in -Fact by the Company under Power of Attorney (the "Power of Attorney") dated November 27, 1996. The Power of Attorney was executed by authority of the Board of Directors of the Company under resolution adopted January 30, 1986. I certify under oath that the Power of Attorney has not been revoked or terminated by the Company and is still in full force and effect. This Affidavit is being given for the purpose of setting forth as a matter of record the authority of the undersigned to act on behalf of the Company with respect to the following described property: Further Affiant saith not. d- Executed the day of lt. 1998. D. , "FISHER, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION r� Commonwealth of Virginia County of Fairfax The above and foregoing instrument was sworn to and subscribed before me and acknowledged by D. J. FISHER, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION, a New York Corporation on the day of 1998 to which witness my -hand and seal of office. (Notary seal) KIMBEnLY WHEELAND My Commission Eupires Nov. 30, 2000 Notary Public, ";ornmunwea th of Virginia NOTARY PUB IC My commission expires is A PORrA N OF TRACT I J. L4UDE??ZWX 7A% CK FARMS BOOK 4, (PAGE J1, OF THE PARrxx&IRLY pEsmwD A COUMEINrMW AT THE SOUT, ALONG THE WSr LINE OF N.88-M-12Z, A DISTANCE ALSO BEING ON THE 6k57 AS REC'ORDIEI7 IN OFFICIAL BROWARD, COUN7Y, fY ORI& LINE OF AV& MALL ROAD {, N.89-36-02-E.. A DISTANCE FEET r0 A POW ON rHE (N. W. 56TH STREET) AS M A DLSTANLE OF 2DB. 65 F,E POINT OF SMAwiNC: THi AORTHM Y RICHr OF WAY SAID LANDS L 17NG ANO 6E LJ C EC71ON 8, lV*W WIP 49 �SOUW.. (RANGE ACGI ADING TO piE Aj r THEREOF AS PUBLIC RJEL" WDS OF SRIOWRf1 COUNT, S FmLow: 41 E Sr,, IFORT grccv G1E'D /N PLAr f LOl?ACK W&C. A G17RM/ER OF SAID SECMY 8,- nYENCF N.O124 4W-W, r SEtTAN S FOR A MrANCE OF 105.34 FEET.• n*WCE sD.00 FEAT ro THE AwNr OF eEGrNNmrG.• sw Pmr 14L Y RIGHr Or WAY LINE OF NOB HILL RCND (N. W. 100rH AV, RECORDS DXW 9585, PAGE I tJ OF -7H£ PUBLIC RECORDS + THENCE N.012448-W ALONG SAID 94SMMY AWWr OF H V.W. 100M AWAVE) A 00ANCF OF .208.65 FEET,• THENCE OF 243.04 FEET,• THENCr S.0124 48 E. A DZTANC'E OF 24 WR7AMY MCHr OF WAY LINE OF COMM£RCHL BOULEVARD COR V IN SAIO OfTYCIAL RECt'MS BOOK. THENCE S.8936 7• INENCE N.45'S42JIV., A O STANCE OF 49L06 FEET TO i LAST r*V DESCRFSED COURSES BEING COMMENT` W17N TH! VNE OF COMMO41= Z,EYARD (N. W. 567H SME ET). NG IN THE CITY OF rAW ARAC, BROWARD COUNTY, FWA AA. Go swc TOTAL. P.11 DEVELOPER agrees to pay $ 11 -7�8.�5_ to BROWARD COUNTY as a proportionate share of the cost of the COUNTY's Pine Island Road improvements from 1,500 feet south of Commercial Boulevard to the end of the transition (from the future 6 lanes back to the existing 4 lanes) north of Commercial Boulevard. • is 97-020696 T#001 01-13-97 4:10RM CCU^:TY _• .-.., `-- - ._, arils �. j I -!�".._._.,_ - - ��� r• , r. n'. � �' ', fir. � � ... • -. ,...-� 7i 97RO15442 1997 JAN 13 13:1. RETURN AFTER RECORDING, PLEASE RETURN TO: PLEASE RETURN TO: Mortgage Management Services, Inc.�� Attn: Sheila Harper /JOB#365-9501 . 1990 Post Oak Blvd. Suite 1080 Houston, Texas 77056 § 'CAL b40 KNOW ALL PERSONS BY THESE PRESENTS: THAT MOBIL OIL CORPORATION, a New York Corporation (herein called the "Company"), having as its principal place of business, 3225 Gallows Road, Fairfax, Virginia 22037-0001, has MADE, CONSTITUTED AND APPOINTED and by these presents does hereby MAKE, CONSTITUTE AND APPOINT D. J. FISHER, an employee of the Company whose current title is Administrative Manager of Marketing Real Estate, and whose residence address is 4441 Woods Edge Court, Chantilly, Virginia 20151, and A. G. SPIESS, an employee of the Company whose current title is Real Estate Manager of Marketing Real Estate, and whose residence address is 1808 Abbey Glen Court, Vienna, Virginia 22182, each of them being appointed herein as its true and lawful Agent and Attorney - in - Fact, (herein each sometimes called "Agent and Attorney - in- Fact") for it and in its name, place and stead to purchase, sell, assign, lease, convey, exchange, transfer, mortgage, encumber, discharge, subordinate, manage, improve and in all respects deal with on behalf of the Company any real properties located within any territory or state of the United States including the District of Columbia, including any such properties acquired by the Company after the date of this instrument (herein collectively called the "Properties"), as expressly set forth in and under the terms of this power. The language set forth in this Power is in the singular; however, the powers herein granted shall be construed to apply equally to each Agent and Attorney -in -Fact appointed herein. Each said Agent and Attorney -in -Fact appointed herein shall have the power to act under this Power alone and without the joinder of the other. Each Agent and Attorney -in -Fact is hereby given and granted 1:. Az, A, 11E, .. , M., M;, ',H, ,rJ, �t, T:< �-,,a .A. Page 1 of 6 %L 9= W- MOC PA 2444 the power to take charge of and manage the Properties; to sell and purchase Properties; to negotiate for and to list with real estate brokers or agents to contract to sell, convey and exchange said Properties for cash or on credit or both, including the power to acquire and dispose of properties as a part of tax free exchange transactions; the power to negotiate for and to contract to purchase any Properties by and on behalf of the Company for cash or on credit or both; the power to lease Properties, including without limitation the power to enter into long term and short term lease agreements, such leases to be on such terms, conditions and agreements as to him may seem appropriate; the power to execute lease agreements on behalf of the Company acting as lessee for the leasing by the Company of other Properties owned by third parties; and in the performance of any of the above powers, to make, execute, sign, seal and deliver on behalf of and in the name of the Company any and all instruments and documents relating to any real estate located in the United States of America, including without limitation, leases, sale and purchase contracts, option agreements, memoranda of lease, settlement agreements arising from condemnation proceedings, access agreements, easement agreements, lease terminations, nondisturbance agreements, discharges, subordination agreements, conveyances, real estate listing agreements, management agreements, deeds of conveyance, with or without covenants of general or special warranty and with or without vendor's liens retained for the benefit of the Company or for the benefit of any third party beneficiary, and without limitation, the power to execute and deliver on behalf of the Company any and all other instruments and documents reasonably necessary and requisite to the initiation, prosecution or consummation of any of said transactions, all of such instruments, documents and agreements to be upon and contain such terms, conditions, stipulations, clauses, warranties, covenants and agreements as to him and in his sole judgment and discretion shall be deemed appropriate, mete and proper; and GIVING and GRANTING unto said Agent and Attorney -in -Fact full power and authority to do and perform all and every act and thing and to exercise any and every power whatsoever requisite and necessary to be done in and about the aforesaid premises, as fully and to all intents and purposes as an officer of the Company could do if personally present, and the Company hereby ratifies and confirms whatsoever the Agent and Attorney -in -Fact may do in exercise of the powers hereby conferred, including without limitation whatsoever shall be done between the revocation of this Power of Attorney and the time of such revocation becoming known to said Agent and Attorney -in -Fact; and the undersigned hereby adopts, ratifies and confirms whatever said Agent and Attorney -in -Fact shall and may do by virtue hereunder, in, but only in, the aforesaid premises. The undersigned hereby agrees and represents to th �.dea'1i22g: ; AZ, ME, MD, M.P., 111, NH, NJ, PA, R1, TX and VA. of & CC �- C. 1 I \\ • C� with said Agent and Attorney - in - Fact therein that this Power of Attorney may be voluntarily revoked by the undersigned at any time by a written revocation hereof, filed for record in the offices of the County Clerk, Recorder, Prothonotary, or other public official having management of real property records in any jurisdiction where the Company owns or leases property and where a signed copy of this Power may be originally recorded, which such revocation shall be effective and shall only be effective in any given jurisdiction as of, from and after the Loth day subsequent to such filing of the same for record in such jurisdiction. This Power of Attorney is granted and conferred for an indefinite period of time and is in full force and effect in any jurisdiction where it is recorded until (1) it is revoked and (2) notice of revocation is filed for record in such jurisdiction as herein provided. It shall not be necessary for the Company to execute separate instruments with respect to each of said properties of the Company which may be affected by action taken by the Agent and Attorney -in -Fact under this Power. The undersigned hereby authorizes the Agent and Attorney -in -Fact named herein to execute separate affidavits, property designations, notices, or similar instruments (herein called "Property Identification Instruments"), specifically identifying the Property or Properties to which this Power applies, giving notice of this Power of Attorney, and the place or places within any territory or state of the United States where it may be filed for record (including the Volume and Page, Clerk's or Recorder's File Number, or similar public record reference location), identifying the specific property or properties described therein as being covered by this Power, and further stating that this Power is in full force and effect. Said Property Identification Instruments may be in such form as deemed reasonably necessary or required in order to file the same for record in the local counties of any territory or state of the United States where any of the Properties are located. Said Property Designation Instruments may be relied upon by any lessor, lessee, lender, seller, purchaser, broker, title or escrow company, or any other person interested in any of such Properties without inquiry as to the authority of said Agent and Attorney -in -Fact in regard to the powers exercised by him. . in AZ. -A, . , MF., MC), MA, MI, NH, NJ, FA, L I, -,X and VA. Page 3 of 6 This Power of Attorney is executed pursuant to the resolution adopted by the Board of Directors of the Company on January 30, 1986, a true and correct copy of which is attached hereto as Exhibit "A". EXECUTED this the 27th day of November, A.D., 1996. MOBIL OIL CORPORATION, a New York Corporation (corporate seal) By: Name: 41ve owan Title: ce President Ex +uted as a sealed instrument on the date hereinabove writt nd s'.ned sealed and acknowledged in the presence of: L . S . co �•c T SS ry mr : L.L. Shah.at.eet _ cn �o 0 L. S. WITN S C i, ntRd: Fra Giam .� �C CERTIFICATE OF SECRETARY r� I, C.H. DuBois , Secretary of MOBIL OIL CORPORATION, do hereby certify that as of the date hereof, R.J. McGowan is the duly elected, qualified and acting Executive Vice President of MOBIL OIL CORPORATION and that the signature above is such persons true and genuine signature, and that this instrument has been executed pursuant to the authority of the Board of Directors of the Company. Dated: November 27, 1996 Secretary cr. AZ, CA, FL_ :1E, .'4G, `fA, !,It, NH, NJ, PA, RI, TX an❑ VA. Page- 4'�` Ct-- 6 0 THE COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX Before me, the undersigned authority, on this day personally appeared R. J. McGowan , personally known by me to be the ive Vice President of MOBIL OIL CORPORATION, a New York Corporation, and acknowledged to me under oath that he executed, sealed, and delivered the above and foregoing instrument for the uses, purposes and consideration therein expressed, by authority of its board of directors as the free and voluntary act and deed of said corporation, and in the capacity therein stated on behalf of said corporation. Given under my hand and seal of office on this 27th day of November 1996. _Zlz NOTARY PUBLIC My commission expires: 4 / 30 /99 co THE COMMONWEALTH OF VIRGINIA a N COUNTY OF FAIRFAX cn .10 CD Before me, the undersigned authority, on this day personally appeared C. H. DuBois , personally known by me C3 to be the Secretary of MOBIL OIL CORPORATION, a New York CO Corporation, and acknowledged to me under oath that he --a executed, sealed, and delivered the above and foregoing instrument %-O for the uses, purposes and consideration therein expressed, as the cn free and voluntary act and deed of said corporation, and in the capacity therein stated on behalf of said corporation. Given under my hand and seal of office on this 27th day of November 1996. NOTARY' PUBLIC My commission expires: 19 9 Ln .4% 'A, - '1E, .1u, MA, 111, `1H, NJ, PA, n..7X 1110 VA. Page<,:''rQ,�'._.�: . • • • ADDRESS OF COMPANY: MOBIL OIL CORPORATION Office of Legal Counsel 3225 Gallows Road Fairfax, Virginia 22037-0001 Attn: Mr. Frank Giampa Prepared by JAY C. PAXTON in the Law Offices of: MORRIS, LENDAIS, HOLLRAH & SNOWDEN 1980 Post Oak Boulevard, Suite 700 Houston, Texas 77056 11/05/96 "!")NV\MOB IL\MOBIL.PA3 ... .r, ��.. ..-!D, MA, MI, NH, NS, �A, RI. -X 3nd Page 6 - of 6 0 Exhibit "A" CERTIFICATE OF CORPORATE RESOLUTION THE COMMONWEALTH OF VIRGINIA § COUNTY OF FAIRFAX § The undersigned, Secretary or an Assistant- Secretary of MOBIL OIL CORPORATION, a New York Corporation, ("the Corporation") does hereby certify that at a meeting of the Board of Directors of the Corporation attended by a quorum of the Directors on January 30, 1986, the following Resolution (among others) was made and adopted: "RESOLVED, that, effective February 1, 1986, the Chairman of the Board, the President or any Vice President of this Corporation be and each of them hereby is authorized to execute and deliver on behalf of this Corporation, powers of attorney appointing one or more persons as the true and lawful attorneys of this Corporation to do anything necessary or desirable in the conduct of the business of this Corporation, and to revoke powers of attorney heretofore or hereafter granted under the authority of this, resolution or of any similar prior resolution of this Board." And the undersigned further certifies that such Resolution is shown on the records of the Corporation and has not been amended, altered or revoked. GIVEN UNDER THE HAND of the undersigned and the seal of the Corporation, on this the 27th day of November, 1996. Name: C.H. DuBois Secretary iColpurata Seel) -e# • .1 HI��