HomeMy WebLinkAboutMINUTES - 06082004 - C15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 8, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG,DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 294
SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway Culvert#5,RA
1150,(cross-reference Subdivision 8510),being developed by Windemere BLC Land
Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Parkway Culvert
#5, road acceptance file RA 1150 (cross-reference Subdivision 85 10) property located in the San
Ramon(Dougherty Valley) area, Supervisorial District M.
A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement, within one year from the date of said agreement. Improvements generally consist of
installation of a culvert.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(BS) on the date shown.
Contact: Teri Rie(313-2363)
LT:rm
G:\GrpData\Engsvc\BO\2004\06-08-04\RA 1150 BO-15.doc ATTESTED: JUNE 08, 2044
cc: Public Works-T.Bell,Construction
Current Planning,community Development
T—April 8,2001(Pt) JOHN SWEETEN, P Clerk of the Board of Supervisors and
Windemere BLC Land Company,L.L.C. County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Atm:Brian Olin
Safeco Insurance Company of America
330 North Brand Blvd.,Suite 1000
Glendale,CA 91203 By ,Deputy
Attn:Patricia H.Brebner
RESOLUTION NO.2004/ 294
KQAD L\APRQVEMFNT AGREI M NT
Developer: Wind
emere BLC Land omoa_y LLC Effective Date:
Development: RA 1150(Cros s Ref SUB 95101- Completion Period: 1 year
Road: a California limited liability Company
W)ndemere culvert#5 -- _ WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: LEN-OBS Windemere,LLC
A Delaware limited liability company
CONTRA CO2n COUNTY DEVELOPER Managing Member
e By: nnar Homes of California,inc.,
Maurice M.Shiu,Public Works Dir
�"`°£ Managing Member
(signature)
(print name&title} Don arson,`.�ic�dent
RECOMMENDED FOR APPROVAL
By: (signature
Engineer; $S j eS (print name&till Lynn Jo Asst.Secretd +
FORM APPROVED: Victor J.W an,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code$313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" our ,"and the above-mentioned evelo r,
mutually promise and agree as follows concerning this development:
2. tMPKQVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and
on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments
thereto).
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: S 6,SSO-09 cash,plus additional security,in the amount of$ 681,120.00
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 Developer 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 S 344-000.00 which is fifty percent(501%)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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code.
4, GUARANTEE AND WARRANTY OF WO . Developer 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 964.6,"Acceptance,"
of the Ordinance Code. Developer 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
S. PLANT ESTABLISHMENT WORK. Developer 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.
b. LMPPOVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer 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 Developer 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. I'vDEMNITY: Developer 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 ha ilities 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 plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceedings)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 Developer,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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer 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 Developer 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.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to
pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
it, INCORPORATION/ANNEXAILO—N. If, before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this
agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable scetion(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
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\\PWS4\SHARDATA\GrpData\EngSvc\FormslAG WORMAG-24.doc
Rev.April b,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
s
State of California
�? ss.
County of �. C �' a t
Onbefore me, f:-:W.}`.) Yu ,,C
Cate Name and Title of Officer(e.g Jane Doli,Notary Public")
personally appeared "S`sC.trf ;---j
�- Names)o'S;gner(s)
'(personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose names)-4s/are
subscribed to the within instrument and
acknowledged to me that e/they executed
the same in lHs,'h&/their authorized
KAREN L. KEENAN capacity(ies), and that by h+a+er/their
*=t Commission If 1378627
4Z s gnature(s ) on the instrument the person(s), or
` z{ri Notary Public - California ; the entity upon behalf of which the person(s)
, 9
Contra Coss County racted, executed the instrument.
My Comm.Expires Oct 7,2006
WITNES s`my hand arwk;officiaU'eal.
v Signa ure offloo Puck �""---^•��
OPTIONAL
Though the information below is not required by Paw 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:
.0 Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer`s Name:
12 ❑ Individual Top of thumb here
Corporate Officer—Title(s):
Partner--❑ Limited ❑General
Attorney-in-Fact
Tnastee
17 Guardian or Conservator
Other:
ti
Signer Is Representing: ?
0 1999 National Notary Association•9360 Do Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313-2402•www.nationRlnotary.org Prod.No.5907 _Reorder Call Toll-Free 1.800-876-6827
SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway Culvert#5,
RA 1150, (cross-reference Subdivision 8510),being developed by Windemere
BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area. (District III)
DATE: June 8,2004
PAGE: 2
I. Cash Bond
Performance Amount: 0,880.00
Auditor's Deposit Permit No. IJP 419035 Date: February 5, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-10
II. Surety Bond
Bond Company: Safeco Insurance Company of America
Bond Number and Date: 024 3454 January 29, 2004
Performance Amount: $081,120.00
Labor&Materials Amount: $344,000.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/294
t.UUN l T Ur L•VIV I KA C.UZIA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER }C J
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. A UST TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL
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Deposit consists of the following Mems
/1,22 CCNI+J and CURRENCY
r (C ELKS,M.O,ETC. $ C ..
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
l�! ir`
DEPOSIT
PERMIT D
-} ) NUMBER r
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approver!. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Date ! /fit (l e✓� t J
Signed: Signed.
TitI.Y.1"I{f EXT. y1. Deputy County Auditor Deputy County Treasurer
�d DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA ;'
RECEIVED FROM
I
ORGANIZATION NUMBER �``"� '
(For Cash Collection Procedures see County Administrator's Bulletin 1035.)
DESCRIPTION FUND/ORG. SUB, TASK PTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ 1
DEPOSIT 1
Deposit consists of the fallowing items
COW-enclCURRENCY $
CHECKS.M.O.,ETC. _. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT .l q o2 s�~
PERMIT [gyp l
NUMBERDATE
ASSIGNED
'; The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
1 deposit into the County Treasury. acknowledged—_
Date
r
Signed: Signed:
EXT-- L" F`{ Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
1
0649-9665 1 831000; G1122421, $16,372.70, RA1148, Read Acceptance
Review, Shapell Industries of N. California, 100 North Milpitas Blvd,
Milpitas, CA 95035
0649-9665 / 831000: G1122422, $8.962.00, Sub 8690, Major Sub Plan
Review, 5hapell Industries of N. California, 100 North Milpitas Blvd,
Milpitas, CA 95035
0649-9665 / 831000: 61122423, $51,620.00, Sub 8773, Major Inspection
Plan Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310,
San Ramon, CA 94583
819800-0800: G1122407, $5,000.00, FCP 601.04, Cash Bond, KB Home,
6700 Koll Center Pkwy, Pleasanton, CA
819800-0800: :01122417, $6,880. RA 1150, Civil PerformanceCash Bond,
Windemere BLC Land Company LLC, 8130 Crow Canyon #310, San Ramon, CA
94583;,
828900-0800: 61122850, $2,338.00 Traffic Fees ECTIA, VIA Builders-
Audreg, 4600 El Camino Real #209, Los Altos, CA 94022
0645-9752 / 828200: 01122850, $40.00, East County COLA, VIA Builders-
Audreg, 4600 El Camino Real #209, Los Altos, CA 94022
828500-0800: G1122850, $118.00, ECC COLA, VIA Builders-Audreg, 46003
El Camino Real #209, Las Altos, CA 94022
0682-9752 / 819200: G1122863, $113,200.00, Consent Judgement V02-
1190, TXI Texas Industries, 1341 West Mockingbird Lane, Dallas TX 75247
06499665 / 831000: 01122383, $9,470.00, MS 21-02, Improvement Plan
Review, Resources for Community Development, 2730 Telegraph Ave,
Berkeley, CA 94705
0649-9665 / 831000: 01122384, $145,387.00, Sub 8685, Improvement
Plan Review, Shapell Industries of N. California, 100 N. Milpitas Blvd,
Milpitas, CA 94035
0649-9665 / 831000: G1122385, Contra Costa RE Investors LLC, 4155
Blackhawk Plaza Circle, Suite # 201, Danville, CA 64506
$10,000.00 RA 1162, Road Acceptance Review
$10,000.00 DA 0037, Drainage Review
0649-9665 / 831000: 01122401, $500.00, R52876, Record of Survey
Deposit, Kister, Savio & Rei, 3095 Richmond Pkwy #214, Richmond, CA
94806
0649-9665 / 831000: 61122416, $7,560.00, DA 0033, Drainage
Improvement Review, Windemere BLC Land Company LLC, 3130 Crow Canyon
#310, San Ramon, CA 94583
0649-9665 / 831000: 61122418, $34,460.00, RA 1150, Read Acceptance
Inspection, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
Executed in Duplicate
Bond No.: 624 0454
Develupmenr. RA 1151 gross Ref. SU13 $51 Q)
Premiums $4,768.00
IMPROVEMENT SECURITY BOND
FOR RoAo IMPROVEMENT AGREEMENT
(Performance,guarantee, and Payment)
(California Government Code §§ 66499- 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road, Improvement Agreement) with the County to install and pay for street, drainage and ether
improvements on,or along .RAI 150 us complete said work:within the time specified for completion
in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Windemere l3 C Land Com anL.L.C. ,as Principal and
Safeco Insurance CamRany of America ., a corporation organized under the laws of the State
of WashiA&ton ,and authorized to uransa,ct surety business in California,as Surety,hereby jointly and
severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Centra
Costa, California to pay as follows:
A. Performance- Six Hundred Eighay OneEight housaad fl e Hundred Twena and llUi} Dollars
{ ► 681.120.40 l for itself or any city assignee under the above County Road
Improvement Agreement,plus
B. Payment: 7)=g,Hqndre4 Fony Fogr Thousand and 01/100 Dollars
{ 344-000.0 )to segue the claims to which reference is made in Title 15 §§ et seq.
of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(?,A.)above is such that if the above bonded Principal,
or principal's 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 inn the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the mariner 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 andvoid; otherwise it shall be and remain in full fame and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable atwmey's fees, incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
"The condition of this obligation, as to Section (2.13.) 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 famished,labor
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact
amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and fixed by the court,all 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 IS(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this board 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 Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent
is hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Seetion 2819 and holds itself bound
without regard to and independently of any action against Principal whenever takers.
4. SIGNED AND SEALED:
The uridersigned executed this document on January 29, 2004
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc. SAFECO INSURANCE COMPANY
YI NCIPAL: ._.its manager SURETY: OF AMERICA
Address: 24800 Chrisanta Drive Address: 330 North Brand Blvd. , Suite 1000
Ciry: :aission Viejo, 4A2691 City; -Glep4ale, CA 9Q03
By: _ l :- f
By:
Print Flame: __Lawrence H. Th son Print Name: Patricia H. Brebner
Title: Vice President Title: Attomey-in-Fact
mw
G wryDam kudSrc Fara 8 v woRD\BN-9 aoc
:............. _ _ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On January 30. 2004 before me, Dina Printy, personally
appeared Lawrence H. Thompson, 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 capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness my hand and o ' ial seal.
D4 MW MW VP
t Commies#14 "1� 0
orancou*
Mfr Cour►.�No+r
OPTIONAL
Though the data below is not required by Caw, 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 Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 624 3454
Number of Pages: Two 2
Date of Document: January 29. 2004
Signers (other than those named above): Patricia H. Srebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59177
Stag of California
County of Grange
On January 29, 2004 before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.C.,"JANE DOE,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/she/they executed the same in
his/her/their authorized capacity(les), and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon
LEIGH MCDG3W.),7GH behalf of which the person(s) acted, executed the instrument.
Cof°t1#Ffta#ort#1328874
'. Nc t ry Public-C;alltomta
C*
orancja c4unty WITNESS my hand and official seal.
SIGNATURE OF NOTARY
;r
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LI
MITED
GENERAL
ATTORNEY-IN-FACT
❑] TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING. DATE OF DOCUMENT
NAME OF PERSONS)OR EWrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
8-4067/CEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Brix 7184-Canoga Park,CA 91309-7184
S /� /�� POWER SAFECO INSURANCE COMPANY OF AMERICA
{� F E C j,,,,/ GENERAL INSURANCE COMPANY OF AMERICA
► OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98195
No. 9675
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 PARIZIIvO;JAMES A.SCHALLER;ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Masa,
its true and lawful attorney(s)4n-fact,with full authority to execute on its behalf fidelity 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 thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this IOth day of January 2002
. �' 1l� t-e- ��
R.A.PIERSON,SECRETARY MIKE MGAVECK,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 BONDS...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 attorneys-in-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 seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however,that the seal shall 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
(11) A copy of the power-of attomey appointment,executed pursuant thereto,and
(iif) Certifying that said power-of-attorney 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 29th day of January 2004
CC
Comm
SEAL SEAL.
R.A.PIERSON,SECRETARY
S-0974/SAEF 2101 ®A registered trademark of SAFECO Corporation
1/10/02 PDF
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