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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA''COUNTY, CALIFORNIA Adopted this Resolution on August 9, 2005 by the fallowing vote: APES: SUPERVISORS GIOIA, PIEPHO, DESAITLNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NM RO :L7TII� `1'�lO .��fl51 . 00 ; WAO : pproviug a 'vlslon Tgreement t Ot Way Landscaping) or DF 03-03037 (cross-reference Subdivision 95-07976), being developed by Windemere BLC Land Company, LLC, and California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board''approval this date for DP 03-03037 (cross-reference Subdivision 95-07976),,located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC` Land Company, L.L.C., a California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (bight 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: $9,500.00 Deposit made by: Windermere BLC Land Company, L.L.C. Auditor's Deposit Permit No. and Date: 445263 May 31, 2005 BB:rm 1 hereby certify that this is a true and correct copy of an G:\GrpDatalEngSvclBO\20055 08-09XDP 03-03037 B0-16.doc Originator:;,Public works(Es) action taken and entered on the minutes of the;Board of Contact. Teri Rie(313-2362) Supervisors''on the date shown. cc:` Public Works"- T.Belt,Construction Current Planning,Community Development T-June 9,2006(PI) ATTESTED: AUGUST 09, 2005 Windemere BLC Land Company,L.L.C. 6121 Boll inger Canyon Road,#500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon;CA 94583 Attn:Biran'olin County Administrator Safeco Insurance Company of America 330 North-Brand Blvd.,Ste 1000 Glendale,CA 91203 Attn:Patricia H.Brebner By � 'S ,Deputy RESOLUTION NO.2oo5L 500 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for DP 03-03037 (cross-reference Subdivision 95-07976), being developed by Windemere BLC Land Company, LLC, and California Limited Liability Company, San Ramon (Dougherty Valley)area. (District IIIA DATE: August 9,2005 PAGE': 2 II. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date: 6311584 April 11, 2005 Performance Amount: $940,800.00 Labor&Materials Amount: $475,150.00 Principal: Windemere BLC Land Company, LLC 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: RESOLU'T'ION NO. 2005/500 SUBDIVISION AGREEMENT ( ht of Way Landscaping) (Government Code§66462 and§66463) r Subdivision: DP 03-3037(cross-Ref SUB 7976) Effective Date: � -Ae5 Subdivider: W ndemere BLC Land Corngany L.L.C. Completion period: 1 year LWINDEMERE BLC LAND COMPANY,LLC'' THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company By,LEN-OBS Windermere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability Comrpany Managing Member By:Lemnar Homes of California,Inc., Maurice M.Shiu, Public Works Directo Managing Member ro 4v"A AAA By: ""' (signature} (print name&this) ri 1mn,-don,Vice President RECOMMENDEDFOR APPROVAL: (signature) By: ' - Engineering SeMcds Division (print name&ti e)Paul 1.M ssi.Secretary FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be adcnawledged. If Subdivider is incorporated, signatures'must conform with theL designated representative groups pursuantto Corporations Code§313.) 1. PARTIES&DATE: Effective on the above date,the City of County of Contra Costa,California,hereinafter called" oun!y,"'and the above-mentioned Std ivid§r,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 imprt3vement plants for this subdivision as reviewed and on ftle with the Contra Costa County Public'Warks 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 Cade and rulings matte 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 Cade§66499,and the County Ordinance Code,provide as security to the County: A. F'rc�Ptrformance'and Guarantee: $ 9.500:00 cash,plus additional security,in the amount of $ 940.800.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the farm of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 4X5,150.00 ,which isfiltyper t(50°lo)oftheestimatedcost 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. I 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 Coder 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform sattsfactorily for a period of one-yearfrom 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 worm 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 landscapingimprovements 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. NO WAIVER BY 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,claire or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding )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 arty officer,agent,or employee of one or more of them; D Non-Condl§gns: 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 connectionwith this workorsubd vWon,or hasinsurance or other indemnification covering arty of these matters,or that the alleged damage resulted partly form any negligent or wilPft it misconduct of any Indemnity. 9. STS: Subdivider shall"pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS'. Subdivider shall set and establish surrey 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 falls to complete the work within the time specified In this Agreement,and subsequent extensions, or ails 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,overhear/,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 completing 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. IN ORPORATIONIANNEXATiON. 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. GA rpOatelEngSvc\Fa ra\okG WORCriACr36A doc Rev.May 18,2001 f:0::9:st: 3:N�!':e:Ni:Nj:i@eul9u:o33' 3L 3J - i:• A W=3�`:^h:: '..k'Xtb'4tYY?;WWjZ'+ki�"5y^3'FA-'FY+:." `ikG'H.i u'-X 5n"3Y ROOM ! ...E :. . ., . .. '. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On April 14, 2005before me,Karen L. Keenan,Notary Public,personally appeared Don Larson,personally known to me to be the person whose naive is subscribed to the within instrument and acknowledged'to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �N L W NAN Cc�rr�'#!1378827 Ncatary Pub4c -Cdlfdmio Contra Costa County Signature of N aryPublic My Comm.Expo Oct 7 2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa' On April 15,2005 before me, wren L Keenan,Notary Public,personally appeared Paul J Menaker,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf ofwhich the person acted, executed the instrument: WITNESS my hand and:official seal. am KAREN L. K'EENAN ' Commmon# 1378827 "Oory Puaic-CORkWarWo 06"a Costa County Si 'azure of Public Ccs, t7ct 7,25 SCE CSF COUNTY ALwm-a*awxLER TO THE TREASIiitEitc MAR1l14EZ,CALFORNIA RECEWMFROM ORGANIZATION NL M R t {For Cush Col4ecfion Proce duras we County lviminW 's uetin 105.} tESCRr'TiON FUNn/ORQ SM ACCT. TASK ClPT 1N ACTN" AMOUNT mss..I L li-L-1t L F . !f if T �'. ✓ 71 { I �. t ' { t?;J # t I I it I I I t 1 -1 1 1 1 1 t t--1 I I t I , I i _ 1 € ` r [V, EXPLANATION: TOTAL 1 De"it cmists of the fallowing item / 1 d COIN and CURRENCY $ 10 CHECKS,#4ETC. $ r .(• °7 a RAW DEP'OSIT'S '$. t POR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUAMIER DATE 44526- ASSIGNED The amount of money aexsc abaiee is for Treasumr`s receipt of above amount is approved. Receipt of above a -t-is hemby� deposit imo the County Tneasnr�r acknowledgeei - Signed: ?' c t'rI-,EXL f( f 1' Audilmr Deputy Trepsuzar -SA REV.(3-933 , I.L.JiirV t:e t.tr'GVt�ttt�i4yAM4j+L�Jifto hj N"SIT y/��+y t,tC �.f C�tCE OF C,C?�k}1�N,T�Y AUW R,-CONTROLLEI• SMR: CALIFORMA f J }RECEMM FROM ORGAWATIOtst N11ViM ii (for Cash Collection Procedures see Coun y AdwAi'ishotor`s Bulletin 105.)';.. DESCRIPTK)N FIN*D/ClRa U WV OPTIONACTft+ffY AMOUNT cI � t i ; 1 t t 1 l I ' t 1 f `- i I" t 1- 1 1 i j t t C i i i 1 .r.' ` 1 1 XPL.ANATiC I: T0TAL` t DEPOSff 1 Deposit oflfw , COIN aid CURRENCY ' $ CHECKS,Mjo;ETC. , $ SANK DEPOSITS $ FOR AUC ITM-CONTRC)CLER USE ONLY DEPOSIT _ PERMIT ► NUMBER DATE �'-'I _3 ASSIC;NED '� 1 The amount described above is for Treasurer's receipt of above amamt,is approved. Receipt Of bo a anon rwt hereby deposit'itr#o the County Tosur"yr acknc Signed lx 'ft b- 1: p'Jj�'i ✓ �' # Title; +i i s tv' EXT. i)eputy County Auditor Deputy County Treasurer 34 REV.(7-93) � i 819800.0900. G1361502, .9 '�} -00 D? X13-3037, Performance Cash Bond, 1indemere BLC Land Company LLC; 6121 Bdlinger Canyon Rd':, #500, San Ramon, CA 94583 0649-96.65 / '112300: 61161496, $3.469.50, DP 04-3050, Inspection Fee, Sergio Silva, 948 Kelvin Rd., El Sobrante, CA 94803-1332 0649-3665 / ;112300: 61161540, $ 010.04, RA 1190, Read Acceptance Plan Review, Shapell Industries of Northern California, 140 North Milpitas Blvd., Milpitas, CA 95035' 0649-9665 / 112300: 61161501, $19.236, DA 0446 Drainage Acceptance Plan Review Deposit, Shaped Industries of Northern California, 100 forth Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 611615031 $46,,3O0.00, DP 03-3037, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., #500, San Ramon, CA 94583 0649-9665 / 112300; 61161544, $61,358.00, Sub 8952,; Major Sub Acceptance Plan Review Deposit, Shapell Industriesof Northern California, 100°'North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300. 61161508, $3,575. Sub 8700, Major Sub Map Check Fee, Shapell 'Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 01161509, 11,558.00, RA 1174, Landscape Plan Check, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd. 4500, San Ramon, CA'94583 0649-9665 / '112300: G1161510, $6.490.00; Sub` 8927, Landscape Plan Cheek, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., #500, San Raman, CA'94583 0649-9665 f 112300: 91161511, 6,370.00, Sub 3928, Landscape Plan Check, Windernere BLC Land Company LLC, 6121 Bollinger Canyon Rd. #, 500, San Ramon, CA 94583 9665 / 112300: 61161512, $7,346.00, Sub 8929, Landscape Plan Check, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., #500, San Ramon, CA 94583 Subdivision: DP03-3037 (ess-Ref SL3 7976) Bond No. 6311.584 Premium: $4,704..00 Executed ih Duplicate IMPROVEMENT SECURITY BONID FOR PUBLIC fUGBT OF WAY LANDSCAPE AGMMI T (Perforce, Guaraantee,and Payment) (California Government Cade Sections 66462 and 66463) . ; >!l<f-CM46 0V SutttitKtStoNThe Principal has executed an agreement;with the County to install and pay for public right of way landscaping,and outer related improvements in Subdivision 'DP 03 3637 t ssnf'SQR 797�a as specified.in the ubdivision Agreement(Right'€�fW yLands� fCping),and to complete said work writhin tie time specified for completitsn in the Stxbtlivision Agreement(Right'of Jay Landscaping),; all in accordance''with State and local 14ws and rulings thereunder in order to satisfy conditions for filing.of the final Map or Parce l Map for said Subdicsn, 2. O. 3i.tG, TIt N: VJinc ere D C Com ass T_ '.C. ,asPrincipa4and Sa ec2 Insurance Company.of America ,acorporation orga edexstingunnderthelawcs of the State of Washington , and authorized to transact surety business in California, as SurM, hereby joinfly and severally hind ourselves, our heirs, 'executors, administrators, successors,and assigns to the County of Contra Costa,California to pay'ir A. Performance andGuarantee: Nineffiagdred F Thousatxd light—H ed:and OOit40 Dollars { , 940-8- 0MO 3 for itself or any city assignee under the above County Subdivision Agreement,plus R. Payment: Four undr4ed Seven ive us=d O e Hundred Fi d Oq 100 Dollars (S 47,15U,t ) to secure the claims to which reference is made in Title XV (cons.mencing with Section 3€92) of Pan 4 of Division,M of the Civil Code of The State of Califotnia, 3.' C1NT3t3r 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 keep 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 rept and perfonrne at the time and in the manner therein specified,and in all respects according to their true intent and meaning; and shall indene-4fy and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,them 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 artomey"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. B. 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(commending with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. 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 itselfbound without regard to and;independently of any action against Principal whenever taken. SIGNED AND SEALED on Aril .11, 2005 WI RE BLC LAND COMPANY, LLC, a callforula im to a ty companyy By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC. , a California PRINCIPAL: orvo ation, its Manning Member SU'1 TV:SAFECb INSURANCE COMPANY 0E AMERICA. Address: � rise Address: 330 Borth Brand Blvs,..., Suite 1000 _f City: Aliso Vie City: Gleed e, CA Zi/p; 91�203 $y By: print Name- errold F. mpson PS3nt Name: Patricia H. Brebner Title: 'Vice President Title: Attorney--in-Fact \tPWSltHARDATA4 pDzu%Er4-cgonwaN WOR raN-l2n.au &x,.ttmc i?.L�d9 CALIFORNIA ALL-1'LlI POSOE ACKNOWLEDGEMENT State of California County of Bran e On.April 13, 2005 before me, Dina Printer, personally appeared Jerrold F.Thomason, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. �- r���14 rRtNTY w C',rnrraisst�=, 145361 Lk Wit. t e s jy )linty OPTIONAL Though'the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING-. Corporate atficer dice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bona No.6311584 Number of Pages: Two ( Date of document: April 11, 2005 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 11, 2005 before me, Angela Petropoulos,Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DDE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the 'person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey,executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon P�TFt4_PL3UlOS behalf of which the person(s) acted, executed the instrument. ANGELA Corrtrnisaion*1538546 01mycomm Notary Public•California orange County WITNESS my hand an i4al. .Expires�25,2008 SI F NOTARY OPTIONAL Though the data below is not required by law, it may prove;valuable to personsrelying on the document and could prevent fraudulent reattachment 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 ISREPRESENTING: DATE OF DOCUMENT' NAME OF PERSON(S)OR'ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE£F 2198 0 1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.,P.O.Box'7t 84•Canoga Parti,CA 91309-7184 ffi POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE! SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9875 ss KNOW ALL sY THEsa PRESENTS-. That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each'a Washirlgtion corporation,does each hereby appoint **********RHONDA C.ABEL;JERI AP'ODACA;PATRICIA K BRERNET LINDA ENRIGHT;JANE KEPNRk;STANLEY C.LYNN;NANETI°.E M.ARIELLA-MYERS, MIKE PAR.IMO;JAMBS A.SCi IAL.LER;ALE)US BRYAN,LEIGH MCDONOUGH;Costa Mesa C&1ift3mia***a*►�►**r*****►**w*****�**+*****wwF***s*«********�ea**e* Its true and lawful attorney(s)-Intact,with full authority to execute on Its behalf fidelfty and surety bonds or undertakings and other documents of a similar character issued In the course of Its business,and to bind the respective company ttheMby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested thiese presents this IOth day of Januar y , 2002' R.A.PIERSON,SECRETARY MIKE'M GAVtCK,PRE`,iIDEN C CERTIFICATE Extract from the Sy-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMFIMCA: "Article V,Section 13.-'FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Pica President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys»in-#ad or under other appropriate titles with authority to. on behalf of the company Wily and surety bonds and other documents r of sonar 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 fecst lie. On any Instrument conferring such authority or on any bond or undertaking of The company,the seal,or a facsimile thereof,may be impressed or affixed or In any other manner reproduced;provided,howover,that the seal shall,not be necessary to the validity of any such Instrument or undertakir g." Extract from a.Resoludon 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 provisiorue of Article V,Section 13 of the By"Laws,and (11) A copy of ft power-of attomey appointment,executed pursuant thereto,and (lit) Certifying that saki pover-cf-atfomey appointment is in full force and effect, the signature of the certifying officer may be hyfacstmite,and the seat 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 extrsc of the By-Laws and of a Resolution of the Board of Directors of them corporations,ons 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 facalmile seal of said corporation this 11th day of April.. 24015COMM . SEAL SEAL fC R.A.PIERSON,SECRETARY S-097418AEF 2181 ID A registered trademark of SAFECO Corporation 1110102 PDF MAMMA I'm '�E Wl .011 '.. :ria ` '. , on : of Mw*l, Not