HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-572 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13,2005 by the following vote:
AYES: Gioia,Piepho,DeS'aulnier,Glover and Ullkenna
NOES: None
ABSENT: None
ABSTAIN- None
$OLUTION N � .
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08780, being developed by Lennar Homes of California, Inc., a California
Corporation, San Ramon(DoughertyValley)area:. (District III)
The following document was presented for Boardapproval this date for Subdivision 04-
08780, located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement(Right of Way Landscaping)with Lennar Homes of California,
Inc., developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount $1,000.00
Deposit made by: Greystone Homes,Inc. (for Lennar Hames)
Auditor's Deposit Permit No. and Date: 436762 December 28,2004
BB:rm I hereby certify that this is a true and correct copy of an
G:\CapData\EngSvc\BO\2005\09-13\SD 04-08780 Bo-16:aoc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-July 13,2006(P 1) ATTESTED:-9�Aee' &7r /,9,c-e+c o,6-
Lennar Homes
6121 Bollinger canyon Road,Ste 500 JOHN SWEETE ,Clerk of the Beard of Supervisors and
San Ramon,CA 94583 County Administrator
Ann:Brian Min
Safeco Insurance Company of America
330 North Brand Blvd.,Ste 1000"
Glendale,CA 9I203
Attn:Patricia H.Brebner By x Deputy
RESOLUTION NO.2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08780, being developed by Lennar Homes of California, Inc., a California
Corporation, San Ramon(Dougherty`Dalley) area. (District III)
DATE: September 13, 2005
PAGE; 2
II. Surety Bond
Bond Company: Safeco Insurance Company of America'
Bond Number and late: 6311557 December 3,2004
Performance Amount: $94,500.00
Labor&Materials Amount: $47,750.00
Principal: Lennar`Homes of California, Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
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(Right of Way Landscaping)
Government Code§66462 and §66463)
Subdivision: SUB 8780 Effective Date:
Subdivider: Ler€nor Homes of California, Inc. Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Director
By; (signature)
(print name&title)
1 L101,51,0.) pj t WET
RECOMMENDED OR APPROVAL:
L "d
By:
(signature) �:+fi'�.e'..•r'"/
Engineering Services t SIO
(print name&tale) -sS-�, #i+
FORM APP,ROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representativegroups
pursuant to Corporations Code§311)
1. PARTIES&HATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Count , and the
above-mentioned Suibdivider,mutually promise and agree as follows concerning this subdivision:;
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public,and private), drainage improvements,
signs, street'lights, fire hydrants, landscaping, and such other improvements (including' appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the,.County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
A. For Performance and Guarantees $ 1,000.00 cash,plus additional security,in the amount of: �
$ 94 500.00 which together total one hundred percent(100%)of the estimated cost of the work. "Such additional
security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one yearafter its
completion and acceptance'against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 47.750.00 ,which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check, or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider:
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,'
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NOWAIVERBY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and
appointive boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or
threatened because of actions defined below,and including personal injury,death,property damage,inverse
condemnation,or any combination of these,and regardless of whether or not such liability, claim or damage
was unforeseeable at any time before the County reviewed said improvement pians or accepted the work as
complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities
and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters
covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or
employee of one or more of them;
D. Non-Conditions The promise and agreement in this section are not conditioned or dependent on whether or
not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this
work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged
damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and reiocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in compieting or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,`even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted'with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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GAGrpOaWEng5vc5F0rM5\AG WORMAG-30A.doc
Rev.May 18.2001
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CALIFORNIA ALL-PURPOSE iACKNOWLEDGMENT
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KATHLEEN E.MARTIN the same in his/4ef4he+r authorized
Comfft"on#1333796 1 capacity{ee}, and that by hisA494#ie4
Notary Public-California signatures on the instrument the person(4,or
Contra Cosh Courtly the entity upon behalf of which the person',A
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OPTIONAL �..
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NDescription of Attached Document
Title or Type of Document: S u-%Z�%Q i s t i~a►.l . !•a i,-1 " I
Document Crate; Number of Pages:
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Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California. I
SS.
Countycif
On� t Q- before me,
Date Name and Tale of Officer(sig.,"Jine Doe,Notary Pabiic°)
personally appeared
Na"*s)of Signer(s)
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Contra Costo Countyy signature(a)on the instrument the person(s),or
.MyCorr m.Expi w0Ct 7,2006 the entity upon behalf of which the person(&)
acted, executed the instrument.
WITNESS y hand a ;offi�cia,seal.
signature of fd".rY Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers)°Other Than Named Above;
Capacity(ies) Claimed by Signer
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Signer's Name: MEMO
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DSP' T
bFRCE OF COUNTY AUDITOR-CONTROLLER
Tt3 "T1 �Rc MARTINEZ,CALIFORNIA
MMIZATION NUMBER
(Far Cash Calle6on Procedures see County Arlminrstrator's Bulletin 105.)
DESCRIPTIC)N FUND/ORO: SUB` TASK TION ACTIVITY AMOUNT
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BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT' DP
NUMBER 43 77 s-` fk;
DATE �4 /
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby'
deposit into the County Treasury. acknowledged
10 Signed:
Tits EXT
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0685-9752 / 819500: 61159992, $2.465.00, Bay Point, First American
Title, 1355 Willow Ave., #200, Concord, CA 94520
0685-9752 1 819500: G1159993, $2,465.00, Bay Point, First American
Title, 1355`Willow Ave., #100, Concord, CA 94520
0685-9752 / 819500; 61159994, $83.810;00, Bay Point, CABG at Bay Point
LLC Nantucket Cove, 2001 Winword Way Ste 200, San Mateo, CA 94404'
828500-0800: 61159992; $1 .446.00, ECC fee, First American Title, 1355
Willow Ave., #100, Concord, CA 94520
828500-0800: G1159993, $1.446.00, ECC fee, First American Title, 1355
Willow Ave., #100, Concord, CA 94520
828500-0800: G1159994, $49,164.00, ECC fee, OB6 at Bay Point LLC
Nantucket'Cove, 2001 Winward Way Ste 200, San Mateo, CA 94404
828900-0800: G1159992, $6.622.00,ECTIA,` First American Title, 1355
Willow Ave., #100, Concord, CA 94520
828900-0800: G1159993, $6„,,622.00, ECTIA, First' American Title, 1355
Willow Ave., #100, Concord, CA 94520
828900-0800: 61159994, $225,148.00, ECTIA, 086 at Bay Point LLC
Nantucket Cove,'2001' Winward Way Ste 200, San Mateo, CA 94404
829800-0800: G1159004, $15,000.00, Sub 8710, Cash Bond, Western --
Pacific Housing/ D.R. Horton, 2210 Central Blvd., Brentwood, CA 9451
F
819800-0800: G1159006, $1,000.00, Sub 8780, Cash Bond, Greystone
Homes, Inc (for Lennar Homes)'6121"Bollinger Canyon Rd #500, San Ramon,
CA 94583
829800-0800: 61259007, $1,000.00, RA1170, Cash Bond, Greystone Homes, U10
Inc (for Lennar Homes) 6122 Bollinger Canyon Rd #500, San Ramon, CA
94583
0649-9665 l 831000: G1159003, $7.249.84, RA1156, Landscape'
Improvement Plan Review', Shapell Industries of Northern CA, 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 831000: 61159005, Ponderosa Homes II, Inc., 6671 Owens Dr.,
Pleasanton, CA 94588
$22,634.51, Sub 8382, Major Sub Imp. Plan Review Deposit
$2,750. , Sub 8382, Mapcheck Deposit
$451427.65, Sub 8382, Major Sub Improvement Inspection Deposit
0649-9665 / 831000: G1159008, $4,240.00, RA 1170, Landscape
Improvement Inspection Deposit, Greystone Homes, Inc (far Lennar Homes)
6121 Bollinger Canyon Rd #500, Son Ramon, CA 94583
03649-9665 / 831000: 61159006; $8.140.00, Sub 8780, Landscape
Improvement Inspection Deposit, Greystone Homes, Inc (for Lennar Homes)
6121 Bollinger Canyon Rd #500, San Ramon, CA 94583
Subdivision: SUB 8,780
Bond No.: 6311557
Premium: $473.00
Executed in Duplicate
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY'LANASCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with. the County to
.install and pay forpublic right of way landscaping,and other related improvements in Subdivision 8780
as specified in the Subdivision Agreement(Right ofWay Landscaping),and to complete said work within
the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in
accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the
Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Lennar Homes;of California Inc. ,as Principal,mid
Safeco Insurance C2M .of America ,acorporation organized existing tinder the laws
of the State of 'Washing and authorized to transact surety business in
California, as Suety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A.. Performance and Guaea ntee Ninety Four Thousand Five Hundred and 00/100 Dollars
($ 94,500.00 ) for itself or any city assignee under the above County Subdivision
Agreement,plus
R. Paymeut: Forty Seven,Thousand Seven Hundred.Fifty and 00/100Dollars
(
47,750.00 to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part:4 of Division ITT of the Civil-Code'of the State" olf
California.
3. CONDITION:
A. The 'Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators successors or assigns,shall in all things stand to
and abide by, and well and truly beep and perform the covenants, conditions and provisions in the
said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and
perfbmied at the time and in the manner therein specified,and in all respects'according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated.,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face-amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation., all, to be taxed as
costs and included in any judgement rendered.
D. The condition of this obligation as to Section. 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof., costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(connmencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give aright of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND'SEAIVED on December 3, 2004
LENNAR HOMES OF CALIFORNIA, INC. SAFECO INSURANCE COMPANY
PRINCIPAL: A California corporation SURETY.- OF AMERICA
Address: 25 Enterprise Address: 330 North Brand Blvd. , Suite 1000
City: Ali so Viejo Zip: CA ► 9 2 6 5 6 City: Glendale, CA Zip: 91203
Print Name: David vans Print Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Fact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On December 7, 2004 before me, Dina Prints, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executedthe same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
r 3 DINA PRIN1Y
Witness my hand and official seal. r Commission# 145361
, aw
Notary Public-California
4 �' d Orange County
My Comm.Expires Nov 28,2007
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 6311557
Number of Pages: Two 2
Date of Document: December 3 2004
Signers (other than those named above): Patricia H. Brebner
CAUFORNIAALL-PURPOSEAC" OWLEDGMENT No.5907
State of Califomia
County of Orange
On December 3, 2004 before me, Rhonda C.Abel,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personalty appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
,personally known to me -OR- [ proved to me on the basis of satisfactory evidence to betheperson(s)
whose names) is/are subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies) and that by his/her/their
signature(s) on the instrument the persons) or the entity upon
behalf of which the person(s) acted; executed the instrument.
WITNESS my hand and official seal.
RIJONDA C.ABET w
r COMM.#13)2777
NOVARY PUBLIC-CAUMRNIA
ORANGE COUNTY 0 SIGNATURE OF NOTARY
COMM.EXP.AUG.9,2005"
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulentreattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 2emmat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
/�, POWER SAFECO INSURANCE COMPANY OF AMERICA
S A F E C a
ATTORNEY` GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE:. SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 9875
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
**********RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS;
MIKE PARJZrNO;JAMESA.SCHALLER;ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Mesa Caiifumis**********r**t*•r***+�w**f******w*****«r*ti►*K**+r*+**ww***+
its true and lawful attomey(s)-fin-fact,with full authority to execute on Its behalf fidelity and surety bands or undertakings and other documents of a similar character
issued in the course of Its business,and to bind the respective company thereby.
IN WITNESS WHERSOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents,
this toth day of January 2002
R.A.PIERSON,'SECRETARY MIKE MGA1dICK,PRESIDENT"
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL'INSURANCE COMPANY Of AMERICA:
"Article V, Section 13.-FIDELITY AND SURETY BUNDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of Its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument'conferring such authority or on any bond or
undertaking of the company,the seat,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however;that the seat not
be necessary to the validity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28;1970,
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V,Section 13 of the By-Laws,and
(it) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-cf-attomey appointment is In full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,:and of a Power of Attorney issued pursuant thereto,are true and
correct;.and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,'I have hereunto set my hand and affixed the facsimile seal of said corporation
this 3rd day of December 2004
Comm
SEAL SEAL
1953 ttx� ` t � -
O&P R.A.PIERSON,SECRETARY
S-09741SAEF 3101
V A registered trademark of SAFECO Corporation
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