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HomeMy WebLinkAbout4.4 Approve Final Map Tract 5777 CITY OF DUBLIN /© -5o AGENDA STATEMENT City Council Meeting Date: November 23, 1987 SUBJECT: Approval of Final Map, Tract 5777 Pulte Homes EXHIBITS ATTACHED: 1) Resolution: Acceptance of Final Map 2) Resolution: Parkland In-Lieu Fees 3) Tract Developer Agreement 4) Reduced Copy of Final Map 5) Performance Bond and Labor and Materials Bond 6) Location Map RECOMMENDATION: n Adopt Resolutions Accepting Final Map and Accepting 1\(� Deposit in Lieu of Land for Parkland Dedication FINANCIAL STATEMENT: Parkland Dedication In-Lieu Fee submitted: $19,250 Inspection costs are paid by the developer. Streets in this Tract. will be public streets and thus ultimately incur normal maintenance and street lighting costs. DESCRIPTION: Improvement plans and the Final Map for Tract 5777 have been reviewed and found to be in conformance with the Tentative Map. and Conditions approved by the City of Dublin on June 8, 1987. This tract consists of 25 single- family lots and is located at the end of Betlen Drive, below the Valley Christian Center. Upon approval of this Final Map, the City acknowledges abandonment of an existing slope easement along Betlen Drive. This easement was originally used to build Betlen Drive and is no longer needed. A subdivision agreement, bonds, and fees have been submitted guaranteeing the construction of improvements within the subject Tract. Staff recommends that the City Council adopt the Resolutions accepting the Final Map and accepting the Parkland In-Lieu fees. ---------------------------------------------------------------------------- ITEM NO. •, " ' COPIES TO: Pul.te Homes RESOLUTION NO. —87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN —7------------------------------------------ ACCEPTANCE OF FINAL MAP TRACT NO. 5777 WHEREAS, the Final Map of Tract No. 5777 in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developer, Pulte Homes, has executed and filed with the City of Dublin a contract to improve Tract No. 5777 in accordance with the Final Map of said Tract No. 5777, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by a bond in the amount of $618,530 which, by its terms; is made to inure to the City of Dublin, conditioned upon the performance of said contract; and WHEREAS, said Contract is secured by a bond in the amount of $309,265 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said Contract. NOW, THEREFORE, BE IT RESOLVED that said Contract and bonds be and they are hereby approved; BE IT FURTHER RESOLVED that the Final Map of Tract No. 5777 be and the same is hereby approved; and that Betlen Drive, Las Palmas Way, and Las Palmas Court, as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted as City Streets, and that those strips of land designated as "P.U.E." or "Public Utility Easement," as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby rejected; and that the Clerk of this City Council be and is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED, AND ADOPTED this 23rd day of November, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING DEPOSIT IN LIEU - TRACT NO. 5777 WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance of Alameda County, as adopted and amended by Ordinance No. 19-83 and Resolution No. 74-83 of the City of Dublin, each subdivider of land classified by the Alameda County Zoning Ordinance for residential use shall, as a condition to the approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, in its action on the Tentative Map of the subject Tract, the Planning Commission of the City of Dublin did determine in accordance with Section 8-7.1 of the aforesaid Subdivision Ordinance that a fee in lieu of land dedication of park and recreational facilities is to be paid, said fee to be used for the development of park and recreational facilities within a period of five years form the date of adoption of this resolution to serve the residents of the subject Tract; and WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance with Resolution No. 74-83, furnished by the Tract Developer and identified as follows: Tract: 5777 Subdivider: Pulte Homes Amount: $19,250 Tentative Planned Use: Dolan Park NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said Subdivider's obligation under Section 8-7.1 et seq. of the aforesaid Subdivision Ordinance as amended by Ordinance No. 19-83 and Resolution No. 74-83. PASSED, APPROVED, AND ADOPTED this 23rd day of November, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this day of 198_, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY and Pulte Homes Corporation, hereinafter referred to as "DEVELOPER". W I T N E S S E T H WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 5777 in accordance with the requirements and conditions set forth within the City of Dublin City Council Resolution No. 39-87 adopted on June 8, 1987; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. Developer will. commence the work required by this Agreement within thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not later than three hundred sixty-five (365) days following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any authorized modifications. 2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company duly and legally licensed to conduct a general surety business in the State of California. Each bond shall become a part of this Agreement. a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $618,530.00. b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond shall comply with the laws of the State of California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California (commencing with Section 3082) . Said bond shall be in the penal sum of $309,265.00. 3. Insurance Required. Concurrently with the execution of this Agreement, Developer shall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover any claims arising from employment not covered by worker's compensation laws. b. Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. c. Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability of severability of interests clause. d. Othe. .,equirements. All insurance po___ies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 4. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 5. Inspection of the Work. Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenience inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and/or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. 7. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof .is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and CITY shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall accept the work and notify Developer or his designated agents of such acceptance. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall 1 indemnify City from, any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process of publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify the City of Dublin, the City Council, the City Engineer and/or any officer, agent or employee of the City, and save them harmless in every way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Mayor ATTEST: City Clerk DEVELOPER By Attorney-In-Fact REeEIV_ gD 8/ CURVE DATA NO. a ./ewuw. lrvlsY. 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Af, +: 1Is 1 ^. ■o . o 0 us.Ir J° —ol—n— t :1y f.J s , Q ♦�.y. ttpJ. a e.� •/i,/o"ew: •l /!o O E fP—rlWva Iva.f yre sr>n e Aet+.n-will 002.49.0 .n_ lL Oe' r'�' � ���• i° 1•ua, H, ,' ♦ NO 00' l• tl 1 1 h `y •t' -r-- ifF •�;'----« A7Ar __ 'i/„e• x2 •.,o' »./' :�ti•s>;,d� �r 1/ •4 TJL Yk MM 4N' 2 wv+:;•v'[ ,•.eTwN3 sr/' .• k[••I r'ae t :-Z""��JJ v'v4 08 'j/ �n1•. ( 1 hcudi i/.a•M./.II,..• ..o' '[ i ,•,.•r.�.[ [t«A,•w ♦• i'q ^ 0-v40w.«. is 4.c -�_ —7r,[- s,.rr' .s '•s 1D1��1� �'•� � I8 �+ / r LJd[,. : ,. �--- � •„�m>ry , w,��ey�re.• --- --- ,—•L.r{., .� . 4/' �• ' It. TRACT 5777 •'R 3:wr•rao•[,ca' .li Mr'q ilrlLro' ,o'N[ .: 4� 8 te/ r �I L' __- - 25 "_= s, - 22 ,i HACIENDA HEIGHTS 24 t 2 3 21 19 .I,nr..;,«s a.,,✓f.//s*a A+r ea. ZD tai d i v.n3rnrr•.6�.:e..*/u,/If�ti :x..+..,s«✓ - _ 1 _ _ —°•—”=r «•«'�"«"'- ,1/ ";�� CITY OF DUBLIN �, .°,� °e. 4'i.•sv or• n•Ti ry ra' i f:o. 'f 7:°. 61 iwi .erx'wi -1 r..•.T`Tr ir" •iy/ ALAMEDA COUNTY, CALIFORNIA e., BISSELL 8 KARN• INC. r. g I (eoo•I6•lrE Tlais•1 SfJl5 Of BEFKINGS CIVIL ENGINEERS oTSr6si-ar Th. b, rn f Ntlt•3038•w o.nn PLFJISANTON, CALIFORNIA 0 so 100 monumcnes Shawn an 7rucl 2530 JULY 1987 i' Z-�► �rl"�i'�1��� _ _ •, r /il,d,n 8",t e9 a/Amps pq>ce b-9 SCALE IN FEET is taken as M,d—,j of 8e.riny1 .06 NO arow71 30 for rn,J reap. ].(ET L Or 2 S.EET9 J. _._..♦ FECO INSURANCE COMPANY OF AMERICA E C E I V E S :NERAL INSURANCE COMPANY OF AMERICA ,��I FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO OCT ( HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 pOgLIG WORKS Bond No. 5460992 PERFORMANCE BOND KNOW ALL BY THESEPRESENTS,That we, Pulte Home Corporation (hereinafter called the Principal), as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA,a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Dublin (hereinafter called the Obligee), inthesum of Six Hundred Eighteen Thousand Five Hundred Thirty and 00/100 US Dollars ($ 618,530.00 )Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Sealed with our seals and dated this 27th day of October , 19 87_ WHEREAS,said Principal has entered into a Contract with said Obligee,dated November 2. 1987 , for Hacienda Heights in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth herein; NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified,or shall pay over, make good and reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect. Pulte Home Corporation Principal By o "', Bryan JE. Noreen, Treasurer I SAFECO INSURANCE COMPANY OF AMERICA < By Janice R. Koga At o ney-in-Fact ...i_..>. ..�u ...0 5-757 R3 1/76 a' 4 M" ij ........... 21, -1 :,o W,j 1 1 ACKNOWLEDGMENT BY PRINCIPAL STATE OF MICHIGAN COUNTY OF OAKLAND The foregoing . instrument was executed before me this 0-74) day of Cz2t1_)&- It 1987, by of pulte Home Corporation, a Michigan Corporation, on behalf of said corporation. Notary Pu County, Michigan _ER My commission expires: 7 W POWER SAFECO INSURANCE COMPANY OF AMERICA �� OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAFECO SEATTLE,WASHINGTON 98185 No. 7540 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 JANICE R. KOGA-------------------------------------- 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 1 1 th day of February 19 86 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." I, Boh A. Dickey, 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 27t-h day of October 19 .87 5.974 RIO 3 86 PRINTED IN USA IV SAFECO INSURANCE COMPANIES PUBLIC WORKS SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA,SEATTLE.WASHINGTON 98185 Bond No. 5450992 9 LABOR AND MATERIAL PAYMENT BOND I Approved by The American Institute of Architects A.I.A. Document No. A-311 February, 1970 Edition Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS, That we, Pulte Home Corporation - N. California Division-- --- ---.---- -- -. -.--.-. . (Here insert the name and address or legal title of Contractor) 5976 West Las Positas Blvd. , Ste 100, Pleasanton, CA 94566 as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto City of Dublin (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of Three Huridred.Nine Thousarid .Two Hundred Sixtv .Five & 00/1Omollars(S 309:265:00 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs; executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated November 2 19 87 entered into a contract with Owner for Hacienda Heights in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect,subject, however,to the following conditions: I. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or.reasonably required for use in the•performance of the Contract,labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. continued on reverse side S•1220 R1 10/72 PRINTED IN U.S.A. ;n POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA ` ' SAFECO SEATTLE,WASHINGTON 98185 y . • No. 7540 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 ---------------------------------JANICE R. KOGA-------------------------------------- its true and lawful attorneys►-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 11th day of February . 19 86 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, Boh A. Dickey, 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 27th day of October ' 19 87 S•974 RIO 3 86 PRINTED IN U.S.A. - z a ,o 117 22 PROVE B. 5 Ac. 116 � v�279J zP � �2ZJ.1i c95,•y9_�,M; J O 1 r1 27 76 WAY OILLGI c r` tiO IV A o` �u yea�• Q' ^ C 0 III W 13 37 i3 Z•i'p,..£ % .15.37 n N o j8 'i •oy_ v1 . c 3 'fl.. J 2 •CJs 4 v d 4 ..w•..+c.+.e.^r.r" ar., q q'g',J V9 �• L r - Je7 .f.,. N q �[.e, NJ Q•t• T S C \ 4I� �` n•�23O et •� n 1-0 �•'},. �Y O '/ vp rC Opp t zo S \/ v j