Loading...
HomeMy WebLinkAboutMINUTES - 06202006 - C.10 Contra TO: BOARD OF SUPERVISORS 1. FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g .3 ;s Costa DATE: June 20, 2006 co—, County Sp4 SUBJECT: Approving the Road Improvement Agreement for Japonica Way and Z Street,RA 05-01200(cross- reference Subdivision 03-08508),being developed by Windemere BLC Land Company,LLC,San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/3ZB for RA 05-01200 (cross-reference Subdivision 03-08508), approving the Road Improvement Agreement for project being developed by Windemere BLC Land Company,LLC,'San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 05-01200(cross-reference Subdivision 03-08508)has been reviewed and processed by the Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The road improvement agreement will not be approved. r Continued on Attachment: ,-' SIGNATURE: e42A� L RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURE (S): ACTION OF BOA6Y ON 6 APPROVED AS RECOMMENDED OTHER VO 1•L OF SUPERVISORS I hereby certify that this is a true and correct 1/ UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Originator: Public Works(ES) . / Contact: T.Rie(313-2363) TR:vz ATTESTED: V'*r0 6 -U,'00004 Z:\GrpData\EngSvc\BO\2006\06-20\RA 05-01200 BO-15.doc cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development Supervisors and County Administrator T—Apii120,2007 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Liberty Mutual Insurance Company By Deputy 505 S.Main Street,#830 Orange,CA 92868 Attn:Rosa Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 20, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: ---None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for Japonica Way and Z Street,RA 05- 01200(cross-reference Subdivision 03-08508),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Japonica Way and Z Street, road acceptance file RA 05-01200 (cross-reference Subdivision 03-08508)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of Road Improvements. 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(ES) on the date shown. Contact: T.Rie(313-2363) TR:vz Z:\GrpDaPublic Works- Construction 05-01200 BO-15.doc ATTESTED: cc: Public Works- Construction Current Planning,Community Development JOHN CULLEN,Clerk of the Board of Supervisors and T—April 20,2007 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Liberty Mutual Insurance Company 505 S.Main Street,#830 By Orange,CA 92868 ^T -- ,Deputy Attn:Rosa Rivas RESOLUTION NO.2006/ &00- SUBJECT: Approving the Road Improvement Agreement for Japonica Way and Z Street, RA 05-01200 (cross-reference Subdivision 03-08508),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: June 20, 2006 PAGE: 2 I. Cash Bond Performance Amount: $34,500.00 Auditor's Deposit Permit No. DP 463654 Date: May 10, 2006 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 II. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 024 023 084 April 26, 2006 Performance Amount: $3,411,500.00 Labor&Materials Amount: $1,723,000.00 Principal: Windemere BLC Land Company, LLC 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. '2005/3k3 ROAD IMPROVEMENT AGREEMENT 00 Developer: Windemere BLC Land Comnany,LLC Effective Date: V_ Development: RA 05-01200(cross-ref SUB 8508) Completion Period: 2 year WINDEMERE BLC LAND COMPANY,LLC Road: Z-Street and Japonica Way A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER By:Lermar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member By: (signature) (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL By: (signature) A/'111__�_ Enginceir"ing S ry es ly/lsw (print name&title)Erik S.Brown,Asst.Secretary its FORM APPROVED: Victor J.We an,County'Counsel (NOTE All signatures to be acknowledged, If Subdivider is incorporated,signatures mus[ conforni with the designated representative groups pursuant to corporations Code S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. 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 thus 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: $�34 500.00 cash,plus additional security,in the amount of 3,411,500-00 widitoArr total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: -Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$_ 1,723.000.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashiers 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 maybe reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY,.OF.WORK. 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 96-4.6,"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. 5. 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. 6: IMPROVEMENT 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,Developershall make whatever changes are necessary to accomplish the work as promised. 7. NO W AIVER 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. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited 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 plans 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 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 orother 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. 11. INCORPORATION/ANNEXATION. 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 letterof credit securingsaid 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 section(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 RL:kw G:tGrpData1EngSvclEric H1CivinRA 12001RA 1200-Road Agreementdoc Rev.April 6,2000 L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On May 3, 2006, before me, Karen L. Keenan,Notary Public, personally appeared Brian G. Olin& Erik S. Brown, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN _ Commission# 1378827 Notary Public - California _ Si nature of Notary blic y Contra Costa County My Comm.Expires Oct 7.2(X16 1 COUNTY OF CONTRA COSTA x~` DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER f MARTINEZ,CALIFORNIA TO THE:TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 r a o (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUNDIORC SUB TASK OPTIOIS ACTIVITY AMOUNT ACCT $ Sales Tax : 100300 0637 19.83 Sale of PlanS &„Specs 004500 99311 REV 16AO196 253.17 Corner Records 000651 9660 16LO88D 20.00 Ant_RTDIM,Fees 4/06 007983 9595 261,630.00 Ind 950547 Robert Owen 000672 975;5 REV 6U2547 100.00 Ind;,'950055 Fromfne 6U5600 100.00 Ind9t50575 Wright 50.00 Inv 912029 Encr Permit 000651 9105 6LO82E 2,015.21 BIN DA 52C Sub Reg 007571 9140 87,482.00 Hydrology Consult 067505 9895 REV 6F8275 300.00 RA05442'00 Monument Fee 000651 9660 6LO81 D 2,520,00 k RA05-1200 ligtiting Fee 007475 9895 3,380:100 RA05-01.197 Lighting Fee 550.00 MS01-0001 CDD COA Compliance 003520 9660 REV 5B060C 500.00 MS05-0033 Accel Review 000651 6LO73R 800.00 MS05.0033 CDD Comp Ck 003520 15B060C 500.00 Acctn'g:G1201277-G1201284 TOTAL $ DEPOSIT 540,184.26 Erig Svcs: 131200737-131200750&G1201351-131201351,Voids G1200736& Deposit consists of the following Items G1201360IN and CURRENCY $ 72.00 Invoices: 950547,950055,950575,912029, OECKS,M.O.,ETC. $ 540,112.26 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP DAME ER 463654 NAVA ASSIGNED The amount of money d'esg�ilid&above is for Treasurer's receipt of above amount.is Receipt of above amount is hereby acknowledged. deposit into the 6un��ty Treasury j ;S . 4L 'Date !G f) i 6A/_ SigneSigned: Ttt�C l a'L NEXT ”. -%t't Deputv Countv Auditor Deputy County Treasurer D-34 Rev.(7-9 C /� +/ t =,r/ t. COUNTY OF CONTkA COSTA ` DEPOSIT PERMIT A. OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA 0�k. ROM i { ° Public Works ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105. DESCRIPTION FUND/ORGJ SUB TASK OPTION ACTIVITY AMOUNT ACCT $ Trust Fund 819800 0800 38,900.00 000649 9665 130,907.80 821400 0800 621:73 821.500 0800 541.52, 000.682 9752 1,900.00 Trust Fund BW DA 52C Reg Trust. 000648 9140 7,093.00 , r} t i . EXPLANATION: TOTAL $ DEPOSIT C•C•: Deposit consists of the following items COIN and*CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ m FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT . PERMIT DP _ NUMBER DATE f . ASSIGNED he'arrmount"of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowiedged. deposdinto the County Treasury +� iigned•. s mate 23 il ( Signed. Signed: 3 -*° De Coun Auditor Deputy County Treasurer �-34..Rev (7-93) { 0648-9140 / 112200: G1201284, $7,093.00, BW DA 52C Reg Trust, City of 4 Brentwood, 708 Third St., Brentwood, CA 94513 �v. 821400-0800: 61201282, $621.73, [)NV SCC Sub-Reg Fee, Town of Danville, 510 LaGonda Way, Danville, CA 94526-1740 821500-0800: 61201282, $541.52, DNV SCC Reg Fee, Town of Danville, 510 LaGonda Way, Danville, CA 94526-1740 0682-9752 / 139200: 61201281, $1,900.00, Arlington Blvd Richmond Vacation 6Q1881, APN418-080-001-5, Anthony D. & Jackie T. Bozman, 705 43rd St., Oakland, CA 94609 819800-0800: G1201357, $4,400.00, RA05-01197, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite #500, San Ramon, CA 94583 fCA94583 -0800: G1201353, $34,500.00, RA05-1200, Cash Bond, Windemer d Company LLC, 6121 Bollinger Canyon Rd, Suite #5.00, San Ramon, 0649-9665 / 112300: G1200737, $500.00, M5 01-0001, COA Compliance, Fox Ridge Manor, 151 Sand Creek Rd., Ste G, Brentwood, CA 94513 0649-9665 / 112300: G1200740, $3,000.00, FC 04-00009, Fee For Service, Oakley Phase T LLC, 2195 Eden Plains Rd., Brentwood, CA 94513 0649-9665 / 112300: G1200745, $1,600.00, MS 05-0033, Plan Check, 20&20 Partners, LLC, 3141 Robinson Dr., Oakland, CA 94602 0649-9665 / 112300: G1200746, $1,550.00, M5 05-0033, Map Check, 20&20 Partners, LLC, 3141 Robinson Dr., Oakland, CA 94602 Executed in Duplicate Bond No.: 024023084 Development: RA 05-01200 (cross-ref SUB 8508) Premium: $20,469.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499-66499.10) 1. Rt:CITAL OF PLOAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along RAOS-01200(cross-refSUB 508) to complete said work within the Time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Winder-nere BLC Land Company,LLC as Principal and Liberty Mutual Insurance Company I a corporation organized under the laws ofthe State of Massachusetts , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: ' Three Million Four Hundred Pleven Thousand Five.Hundred and 00/100 Dollars ($ 3x411,500.00 ) for itself or any city assignee under the above County Road Improvement Agreement,plus R. Payment: One Million Seven Hundred Twenty-Three Thousand and 00/100 Dollars(S 1,723,000-00 )to secure the claims to which reference is made in Title 15 §§et seq, of the Civil Code of the State of California. 3. Athe Condition of this obligation as to Section(2.A.)above is such That if the above bonded Principal, - ' c. principal's heirs,executors, administrators,successors or assigns,shall in.all things stand to and abides 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 it or its pan, to be kept and performed 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. 4 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 attorney'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. 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 perfon-nance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,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 attorneys 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 15(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 bond be fully performed, them 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 Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on April 26, 2006 PRINCIPAL: Windemere BLC Land Company, LLC SURETY• Liberty Mutual Insurance Company Address: 6121. Bollinger Canyon Rd. X6500 Address: 505 So. Main St. #830. City: . San Ramon, CA 94583 City. Orange, CA 92868 By: See Attached Signature Block By: � f� . Print Name: Print Name: Rosa E. Rivas Title: Title: Attorney-in-Fact +dw L;�LrpD.,t EntiS,c%Ene r;�,vaAA 119TRh i 197.bond■*mmict Uac Red.Rp�fSZ1L'2+titth Bond#024023084 WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By: �Gl/,�_ Brian G. Olin,Vice-President By: Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On May 3, 2006, before me, Karen L. Keenan,Notary Public, personally appeared Brian G. Olin& Erik S. Brown, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Commission# 1378827 Notary Public -California-_ Sig ature of Notary 4blic Contra Costa County My Comm.Expires Oct 7;2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 26, 2006 before me, Nanette Myers, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E. Rivas 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon Commission# 1 1627685 NAMbehalf of which the person(s) acted, executed the instrument. sbn 62 -s Notary Public -CaBfornia -sOrange County My Comm.Expires Dec 6,2009 WITNESS my hand and official seal. SIGNATUREY NOTARY 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) ❑ LIMITED _ El GENERAL _ CXR 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-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 FRP 1.869958 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND , This.Power of Attorney limits the acts;�of those named herein;,-and they have no authority to Bind the',Company;except in the':manner.a1 .nd to , the extent herein stated , 11 , c LIBERTY':MUTUAL IN$URAN1, -1-I PANY. , BOSTON;MASSACHUSETTS POWER OF ATTORNEY , , KNOW ALL PERSONS BY:THESE PRESENTS ,That Liberty:Mutual:tlnsurance Company (the Company) ,a Massachusetts stock insurance company pursuant to and1.by authority ofthe By-Isw and Authorization hereinafter;set forth;does hereby name;-constitute and appoint% RHONDA C ABEL NANE;IT MARIELLA MYERS,JAMES A;SCHALLER,JANE KEPNER,AAICHAEL D PARIZINO,JERI APODACA,RACHELLE RHEAULT1'1.,ROSH E.RIVAS,.GRACE REZA;ALL OFTHE CITY OF IRVINE,STATE OF CALIFORNIA each individually if there be more than;one named its true and lawful atto�11rney in-fact to make execute seal,acknowledge antl deliver for and on its behalf as suretytyy antl,,as;