The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05022006 - C.7 sE __L TO: BOARD OF SUPERVISORS `�=-} ==�F Contra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR . ,,s Costa DATE: May 2006 'o.:r y 2, coy .°P~ County SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for PA 05-00031,Manresa Park, Summer Lake Phase 1A (cross-reference Subdivision 90-07562), Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/u= for PA 05-00031 (cross-reference Subdivision 90-07562), approving Subdivision Agreement (Right of Way Landscaping) for Manresa Park, Summer Lake Phase IA, being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The landscape plans for PA 05-00031 have been reviewed and processed by Public Works staff and meet all applicable conditions of approval for Subdivision 90-07562 regarding landscape improvements for Phase IA Neighborhood Parks. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right of Way Landscaping)will not be approved. c Continued on Attachment: ��SIGNATURE: — f _ COMMENDATION OF COUNTY ADMINISTRATOR i _RECOMMENDATION OF BOARD COMMITTEE ✓CPPROVE OTHER SIGNATURES ACTION OF BO ON O APPROVED AS RECOMMENDED OTHER VOTE(OF SUPERVISORS UNANIMOUS(ABSENT Alf n d ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LS:rm G:\GrpData\EngSvc\BO\2006\05-02\PA 05-00031 BO-16.doc date Shown. Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) cc: Public Works- Construction Current Planning,Community Development Q T-3i2i08(P1) ATTESTED: 02 � Shea Homes 2580 Shea Cneter Drive JOHN CULLEN, erk of the Board of ' Livermore,CA 94550 Supervisors and County Administrator Attn:Jeff Shetterly Safeco Insurance Company of America 330 N.Brand Blvd.,#1000 Glendale,CA 91203 Attn:Victoria M.Campbell By , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2006/ RUBJEC : Approving Subdivision Agreementig i�ofaLandscaping) or�'S-U0a311 Manresa Park, Summer Lake Phase IA (cross-reference Subdivision 90-07562), Oakley area. (District V) The following document was presented for Board approval this date for PA 05-00031 Manresa Park, Summer Lake Phase IA (cross-reference Subdivision 90-07562), located in the Oakley area. A Subdivision Agreement (Right of Way Landscaping) with Shea Homes Limited Partnership, a California limited Partnership, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two year(s) 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: Shea Homes Limited Partnership, a California Limited Partnership Auditor's Deposit Permit No. and Date: 462191 4/13/06 LS:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2006\05-02TA 05-00031 BOA 6.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T-3/2/08(P1) ATTESTED: Shea Homes 2580 Shea Cneter Drive JOHN CULLEN, Cle of the Board of Supervisors and Livermore,CA 94550 County Administrator Attn:Jeff Shetterly Safeco Insurance Company of America. 330 N.Brand Blvd.,#1000 Glendale,CA 91203 Attn:Victoria M.Campbell By 7 Deputy RESOLUTION NO.2006/ kola SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00031 Manresa Park, Summer Lake Phase lA (cross-reference Subdivision 90-07562), Oakley area. (District V) DATE: May 2, 2006 PAGE: 2 Il. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date: 6399470 March 13, 2006 Performance Amount: $55,800.00 Labor&Materials Amount: $28,400.00 Principal: Shea Homes Limited Partnership, a California Limited Partnership 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. RESOLUTION NO. 20061 ZO ,/ SUBDIVISION AGREEMENT O (Right of Way Landscaping) Ply 05-003i (Government Code§66462 and §66463) Subdivision: Su07001,50, Effective Date: Subdivider: Shea Homes Limited a n sh p Completion Period: 2years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Direc r Shea Homes Limited Partners;p,n Cal i fnrni a T imited Partnership By: (J� (signal e) (print Wald A.Flofer, 1-vvn�rLc aca� RECOMMENDED FOR APPROVAL: �� / By: V® ��1/��`�'�"'/�'� (signature) Engineering Services Di Sion (print name&title) Kevin W. Peter FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. It 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 City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider, 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 Guarantee: $ 1,000.00 cash,plus additional security,in the amount of $ 55,800.00 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 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$ 28,400.00 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. STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss.' On March 23,2006 ' before me, Laurel Wilson,Notary Public, personally appeared Kevin W.Peters and Donald A.Hofer_,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 capacityCies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. T. L. WILSON o COMM.#1468544 NOTARY PUBLIC-CALIFORNIA G) Signature: ALAMEDA COUNTY n g COMM.EXP.MARCH 4,2008 + 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 Document Title/Type Subdivision Agreement(Right of Way Landscaping) Document Date: N/A Number of Pages 1 Signer(s)Other Than Named Above: Contra Costa County Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin W.Peters&Donald A. Hofer Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: _Limited _General _ Attorney-in-Fact _ Trustee Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Parmershin CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF On J 091-0(e before me, � w ( I S--tm L � O A' ` jo�i C DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,N4ARY PUBLIC" personally appeared, �d A JL 4evij�n `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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. L. ON _WILS ; SEAL (� NOTARY PUBLIC-CALIFORNIA NOTARY PUBLIC SIGNATURE 468544 ( ) ALAMEDA COUNTY 0 COMM.EXP.MARCH 4,20U OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT STATE OF CALIFORNIA SS. COUNTYOF ORANGE On MARCH 13,2006 before me, MARIA LUISA R.AGUINALDO, NOTARY PUBLIC PERSONALLYAPPEARED VICTORIA M. CAMPBELL personally known to me(or proved to me on thrbasis of satisfactory evidence)to be the person(s)whose name( is/ e subscribed to the within instrume and acknowledged to me t at h s e hey .,xg sited the same in h'/her t eir authorized capachy(ies),and that by hi er/t eir signature(s)o e instrument the person(s), or the entity upon ehalf of which the person(s)acted, executed the instrument. COMM.01406174 WITNESS my hand and official seal. NW&KMW-CAUF�AA ORANGE COLINN .41, 1 Caron ft MXVh It 2007 Signature �— This area.for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SAFECO INSURANCE COMPANY OF AMERICA SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT 4 COUNTY OF CONTRA COSTA DEPOSIT PERMIT �i OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA , TO THE TREASURER: " RECEIVED FROM Public Works ORGANIZATION NUMBER 650 lYV� (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 15.56 Sale of Prints 004530 9931 REV 6GO085 157.05 Sale of Plans & Specs 004500 6AO196 31.70 Corner Records 000651 9660 6LO88D 110.00 SD8918 CDD Comp Ck Fee 003520 5B060C 1,000.00 Ant RTDIM Fee007983 9595 61,560.00 DP05-03006 BA 29186 003520 9660 REV 5B036X 71.31 TP05-00025 BA 29818 5BO51X 25.74 MS05-00029 BA 30462 5B0034 2,238.81 000651 6L0034 351.95 LP05-02061 BA 30612 003520 5B047E 114.62 MS05-00950 BA 30663 000651 6L0069 197.04 LP98-02054 BA11186 003520 5B0029 41.50 000651 6L0029 524.16 6L0074 412.46 61_076A 395.78 Acctng:G1200352-G1200364 TOTAL $ DEPOSIT 109,859.49 Eng Svcs:G1192446-G1192463 Deposit consists of the following items - CO,IINN and_cURRENCY $ 139.91 Records: 01191245-G119260 CHECKS,,M O,ETC. $ 109,719.58. Invoices: 912002,912013, BA'S 29186,29818,30462, 30612,30663, 11189,30801 BANKPEPOSITs $ 157,29016, FOR AUDITOR=CONTROLLER USE ONLY DEPOSIT PERMIT DP / ^p NUMBER ER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit Into the County Treasury Signed 1 . tt ,t" 7 4` r �' j l (Ir Signed o� / Signed: ft } � 1 �t ' 1ti6r �� rTjfl4'! { r d.F. r'�EXTv. ( ,! De ut Count Audfioc. De ut Coun rTreasuuar `D=34 Rev.(7-93) _. N W �J C/ F` COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER #1 MARTINEZ,CALIFORNIA t �"t �SUBER° O'FROW PUbI1C Works ORGANIZATION NUMBER 650 ` _ AAAA .y'Irtiy_x' v. (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK . OPTION ACTIVITY AMOUNT ACCT iLF05-02069 BA 30801 003520 9660 REV 5B0029 1,770.77 000651 1 6L0029 144.58 RZ02-03112 BA 157 003520 5B0042 495.90 SD02-08634 1, 5B0033 3,732.40 SD02-08947 BA 29016 Ill, 206.16 Premium Billing 000651 9105 6LO85C 288.00 Trust Fund 000649 9665 32,403.00 819800 0800 3,500.00 828800 52.00 828600 19.00 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSI PERMIT DPl� f NUMBER ^^yy DATE ASSIGNED The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County,Treasury Signedo '.rt <x , ( � '. Dat�'_r/ ` / Sigr�edF�* Signed: �' f f i t f'+• F>(l' < —^ j .�' De Count Auditor De u County Treasurer. D-34 Rev.(7-93) i r -9665 / 112300: &1191248, $100.00, Security Deposit #39, Construction Survey, Inc., 1339 EI Curtola Blvd., Lafayette, CA 94549 0649-9665 / 112300: &1192447, $500.00, RS 3084, Record of Survey Deposit, Center Line Land Surveying, Inc., 4047 1St St., #203, Livermore, CA 94551-4926 . I 0649-9665 / 112300: G1192450, $14,800.00, RA 1190, Inspection Fee, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1192462, SD 8918, Thomas/Denova LLC, 3100 Oak Road, Suite 140, Walnut Creek, CA 94597 $14,978.00, Plan Check Fee $2,025.00, Map Check 819800-0800: G1192449, $2,500.00, RA1190, Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 (8-19800=0800:-&"11-92449;$11000.00,__PA-05-0_031-,_Cash_Bond-,_Shea-Homes, Z5:80_-Shea Center [) —L-ivermore;-CA_94550_) 828800-0800: G1200863, $52.00, TVTD, R377272, short pay AOR, Stephen Platter, 1524 Ramona Way, Alamo, CA 94507 828600-0800: G1200864, $19.00, WCC AOB Fee, R368021, . Rafael Mendezi, 826 Manor Rd., EI Sobrante, CA 94803 Bond No_ 6399470 ***EXECUTED IN DUPLICATE*** Premium X279. Any claim under[his Bond should be sent t Uwe olloxing a ress: �a eco nsuranc.e* -330 N Brand Blvd. #1000 Glendale, CA 91203 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT " - fPerformance,Guarantee and Payment) - (Gov.Code,§§66499766499-10) - 1. RECITAL OF SUBDIVISION AGREEMENT,The Principal has executed an agreementwith the County of Contra Costa(hereinafter'County')to install and pay. forstraet drainage and as specified in the Subdivision Agreement,and to complete said work within the.time specified forcompletion in the Subdivision Agreement,all in accordance with State and local laws and ruling's thereunderin order to satisfy conditions for filing of the Final Map or Parcel Map forsaid subdiv cion. Under the terms of the Subdivision Agreement Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and matedaimen. 2. OBLIGATION. Shea Homes Limit ed'Partnership- as Principal,and Safeco Insurance Company of America a corporation organized and existing under the laws of the State of Washington and authorized to tansact surety,business in California,as Surety,hereby joinlly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it Fifty Five Thousand Ei ht** -' (A, Performance and Guarantee) 3 g Dollars($ 55,800. )for itself or any city assigneeunder the above Subdivision Agreement (8. payment) Twenty Eight Thousand pF6dr***" Dollars($ 28,400. 1 to severe the claims to which reference is made in Tnle W(commencing with Section 3032)of Part4 of Divisi6n III of the CIA Code of the State of California. - 3. CONDITION. This obligation is subject to the following condition: A. The condition of this obligation as to Section 2.(A)above is such that V the above bounded Principal,his or its heirs,mecutois,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 allenflon thereof made as therein provded,on his or their part to be kept and performed at the i nie and in the manner therein specified,and in all respects according to theirtrue intentand meaning,and shalt indemnify and save harmless the County of Contra Costa(or city assignee);its officers,agents and employees,as therein stipulated,then this obligalion shall become null and void;otherwise R shall be and remain in full force and effect. As part of the cbliga ion secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable experhses and fees, including reasonable attomey's fees,incurredby the County of Contra Costa(or city asslgnee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned asoorporate surety am heid firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,materiahnen and otherpersons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid CW Code for materials furnished or labor thereon of any kind;or for amounts due under the Unemployment insurance Actwith respect to lhis work or labor, and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also In case suit Is brought upon this bond,will pay,in addition to the face amount thereof costs and reasonable expenses and fees,including reasonable atiomey'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,and to be taxed as costs and to b a% ind ded in the judgment therein rendered, - Itis hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entted to file claims under Idle 15(commenting with Section 3082)of Part4 of Division 3 of the Civil Code,so as to give a right of aclicn to them or their assigns in any suit brought upon tins bond. Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shat be and remain in full force and effect; C.. No change,extension of time,alteration,or addition to the terms of.said Subdvision Agreement or the work to be performed thereunder or any plan or specifications of said work agreed to by the Principal and the County of Contra Costa(or city assgnae)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds Leif bound without regard to and independently of any-action against the Principal whenever taken. SIGNED AND SEALED on March 13. ,2006 , Shea Homes Limited Partnership, Prindoal: a California limited partnersftZp surety. Safeco Insurance Company of America Address: ?580 Shea Center .Drive Address. 330 N. Brand Blvd.; X11000 Livermore, CAI zto: 94550 Glendale, CA zio: 91.203 .. BY: _ air:. Jrb LAI PriniName: PrfntName; victoria M. Cam bel rLp. Donald A.Hofer TIDe: Attorney-in-Fact Its: Authorized Agent* I[Notei Aii signatuies must be ackno'"�arJgeA--F _must Sian. The first signature must be that of the chairman of the board,president,or vxe-president;N:•e saccnd sgnatum rnu_t be tfratof thes n re ry,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)) *By: Matthe Form Approved by County Counsel Its: Authorized Agent [Rev,91031 ttiFinaM1PtN5ubA9�p5ee4uad9.0.:.wpd . 'Company of America **SD9007562 •t PA015"0031 ***Hundred and No/100 EMO POWER Safeco Insurance Companies 34526 OF ATTORNEY Po BoxWA9 Seattle,WA 98124-1526 KNOW ALL BY THESE PRESENTS: No. 10688 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *******************MARIA LU ISA AGUINALDO;VICTORIA M.CAMPBELL;EDWARD N.HACKETT,JOHN D.MILLER; Santa Ana,California;NOEMI QUIROZ;MICHAEL R.SZOT;Los Angeles,California******************************* its true and lawful attorney(s)-in-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 16th day of December 2005 kel_STEPHANIE DALEY-WATSON.SECRETARY MIKE PETERS,PRESIDENT.SURETY 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, (I) The provisions of Article V,Section 13 of the By-Laws,and {ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) 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,Stephanie Daley-Watson ,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 13th day of March 2006 �C�Igcq�f� C01yJ,,�o Comm SEAL w SEAL � �'x N5�6� STEPHANIE DALEY-WATSON,SECRETARY Of Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WES PDF