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HomeMy WebLinkAbout4.08 Approval Final Map Tract 5511 1-10 - 0 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: September 8, 1986 SUBJECT: • Approval of. Final Map, Tract 5511 • EXHIBITS ATTACHED: Resolution: Acceptance of Final Map Reduced Copy of Final Map Tract Developer Contracts Bonds for Ahmanson Developments Bonds for Rafanelli and Nahas will be submitted and reviewed by Staff prior to the City Council meeting. RECOMMENDATION: 4 Adopt Resolution Accepting Final Map, Tract 5511. FINANCIAL STATEMENT: None at this time. Staff's time for processing and inspection is being paid for by the developers. DESCRIPTION: Improvement plans and the Final Map for Tract 5511 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by the City Council of the City of Dublin on March 24, 1986. Tract 5511 subdivides 135 acres into seven villages, a park, a creek area, and some open space lots. This approval provides for a maximum of 1,165 residential single-family and multiple-family dwelling units. The only single-family lots are in Village VI, which is being sold and will be developed by Ahmanson Developments. Villages IV and V are not being subdivided for development at this time. The north loop road, which is to be within Villages IV and V, will be considered when thse villages are submitted for resubdivision. - The park is being deeded to the City and the creek to Zone 7. At a future date, the City and Zone 7 will enter into a joint use agreement for the creek area, which passes through the park. With this master tract agreement, the developer will do the following: 1. Construct Dougherty Road north of Amador Valley Blvd. to the City Limit. This section of Dougherty Road will become a four-lane road. 2. Pay for a portion of the City's improvements to Amador Valley Blvd. 3. Improve the creek through the entire site. 4. Perform all tract grading. 5. Construct South Loop Drive. 6. Construct all streets in Village VI (the single-family residence area) . The developer will construct additional improvements in stages based on the number of units developed. These future improvements include: 1. Improving Dougherty Road south of Amador Valley Blvd. 2. Installing a traffic signal at Amador Valley Blvd. and Dougherty Road. East Dougherty Hills Park is being improved under a separate development agreement. ITEM NO. ° COPIES TO: Rafanelli & Nahas • Ahmanson Development • RESOLUTION NO. -86 A RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF DUBLIN • • ACCEPTANCE OF FINAL MAP TRACT NO. 5511 WHEREAS, the Final Map of Tract No. 5511 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 and amended by the City of Dublin; and WHEREAS, the Developers, Rafanelli and Nahas and Ahmanson • Developments, have executed and filed with the City of Dublin contracts to improve Tract No. 5511 in accordance with .the Final Map of said Tract No. 5511, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by two bonds in the amount of $2,276,163 and $781,366 which, by their terms, are made to inure to the City of Dublin conditioned upon the performance of said contracts; and WHEREAS, said Contract is secured by bonds in the amount of $1,138,081 and $390,683 which, by their terms, are 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 contracts. NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby approved; BE IT FURTHER RESOLVED that the Final Map of Tract No. 5511 be and the same is hereby approved; and that Dougherty Road, Amador Valley Boulevard, Alamo Creek Drive, Wildwood Road, Shady Creek Road, Crossridge Road, Quail Creek Circlet. and Squirrel Creek Circle, as shown on said map be, and they are hereby accepted as public highways subject to improvement in the terms of the offer of Dedication; and that those strips of land designated as "P.U.E." or "Public Utility Easement," "S.D.E." or "Storm Drain Easement," "S.S.E." or "Sanitary Sewer Easement," "W.E." or "Water Easement," "L.M.E." or "Landscape Maintenance Easement," "L.A.E." or "Landscape Access Easement," and "Emergency Access 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 9th day of September, 1986. AYES: NOES: ABSENT: Mayor ATTEST: } City Clerk • la- • • • t Kb CUM I 01111 711.08 Wt. lu0 04 71.71 40 I.02 4 f4NI MRKf TRACT 55 1 1 I 11'4.'1•• ►,.a? 1 7•17.00• 45.0 10.5.4 75 74 71.71 75.11.10•! 4 I JT•tl•p'• 17/7{2 ! •TD1'02• 711.oC •174 n Ile 11 a.M 4a'I{'Tl wrL•I1'^ L p••••••• 10.11 • 771•3• AIL De 71..4 414.66 71.•6 73'1140•4 �.A 4" • Y'50'a•• M.11 • 7'r•r• 74.00 66.03 17.04 1.11 A3'7•a'• _; l�7I��•t • .� CITY OF DUBLIN M'17•a•• 117.17 • T•1•06• 417:r 7.74 11.p 44 u•31•n•• J I a'41'.D•. .e.7 • 2.'0•.7.• 1557.04 775.00 71•.16 .�..lI 17'4•«•I SITE CALIFORNIA )' 7•7•r•• 016.40 . 7.7'r• 7r.r •11.7 1177/ •44.1{ 75'1 '4 , ((�•. / AL AMEDA COUNTY. I re s5.05•1 52.11 . • 7'15'05'1 IT t, 1 , . 11 11.66.7•. Ix.� ` 1 % - BEING A SUBDIVISION OF PARCEL MAP NO. 11 •5'/'03'1 3•0.7 u ••457•• 01.11 u° /' 4575 AS SHOWN IN MAP BOOK 155 AT PAGE 97. 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WI 7T0 1T.1W2(M ■ 4 ' LOT 153 TRACT 1719--145 R 41 r ICI \11..t1.41 • Fake 1.5 IN PIPE 1 Tag LL 4234 f �°i eta r .--------50'•10E E.SlYr' r • 2333 1.5 I•l7•IlM{716 KE 17110 L°,4 Pi 44..6[7 L 3?4:S'4:67 T BASIS OF BEARINGS _. - • MAO 17.7 • r 71_.7 1 114• 2•4111 '0'.405115 b.77.47•.3. l..yr5...r(D.'C ! CO IA lit LI.[10%115 Pt Fate Mal 1o.0FNTS •••-- MFr13•MAW. UK P10 P.• 315 1 • / R7+ COrKll Yeryrr Yr�I/•1 j •LOL TM,04.0 X1 LI,M CS 0.1(•11 Mat •---1.75401 11.1 M0 244111 0107 1i051�1'1/�� 7f r 0.770 1 Village VI Ahmanson Development CITY OF DUBLIN TRACT DEVELOPER AGREEMENT TRACT 5511 MASTER TRACT IMPROVEMENTS ( Dougherty Road , Alamo Creek Drive , Wildwood Road ) This Agreement is made and entered into this 8th day of September , 1986 , by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Rafanelli & Nahas , 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 certain Master Tract Improvements within Tract 5511 in accordance with the requirements and conditions set forth within the City of Dublin, City Council Resolution No . 30-86 (PA85-041 . 1 and '. 2 and Tentative Tract 5511 ) adopted on March 24 , 1986 , 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 descr.ieption 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 t'he 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 . Improvements Subject to this Agreement . The improvements subject to this Agreement shall include all mass grading within Tract 5511 , construction of all channnel improvements within Alamo Creek, construction of street , water , sewer , and drainage improvements within Dougherty 'Road , Amador Valley Boulevard , Alamo Creek Drive , and Wildwood Road , and landscaping on Alamo Creek Drive , all of which shall constitute Master Tract Improvements . 2 . Separate Agreement . Simultaneously with the execution of this Agreement , the City is entering into a separate agreement with Ahmanson Developments for the subdivision improvements in Village VI of Tract 5511 , including streets , sewer , water , and storm drainage in Shady Creek. Road , Crossridge Road, Quail Creek Circle, and Squirrel Creek Circle . 3 . Completion Time . Developer will complete the work required by this Agreement within a timely manner following the date on which City °executes this Agreement . Developer shall complete said work not later than one year 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 . 4 . Security Furnished . Concurrently with the execution of this Agreement , Developer shall furnish City with bonds , or other acceptable security, securing faithful performance and labor and materials . Such bonds , or other security, shall be in a form prescribed by City, and shall be issued by Insurance Company of the West Company or such other major financial institution as may be approved by City. The bond, or other security , shall become a part of this Agreement . a. Faithful Performance Bond . Developer shall furnish the City with a bond conditioned upon the faithful performance of this Agreement . Said bond to be in the penal sum of $2 , 276 , 163 . b . ,Labor and Materials Bond . Developer shall furnish 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 $1 , 138 , 081 . 5 . Insurance Required . Concurrently with the execution of this Agreement or prior to the commencement of any construction , Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. a . Worker ' s Compensation Insurance . Prior to the commencement of construction, 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 Rev. 8/27/86 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 or severability of interests clause . d. Other Requirements . All insurance policies 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 . 6 . 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 defectiye 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 . The amount of the maintenance bond , following acceptance of the work , shall. be $908 , 360 . 7 . Inspection of the Work . Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenient 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.. 8 . Agreement Assignment . This Agreement shall not be assigned by Developer without the written consent of City . 9 : 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 . - 10 . 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 matter 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 . 11 . Safety Devices . Developer shall provide and maintain such guards , wa't'chmen , 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. 12 . 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 Developer , 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 . 13 . 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 indemnify City from , any fees , costs or Rev. 8/28/86 • litigation expenses , including attorneys ' fees and court costs , which may result from the use of said patented or copyrighted material , process or publication . 14 . 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 financial institution from liability on any bonds attached hereto and made a part hereof , and consent to make such alterations is hereby given, and the financial institutions hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 15 . 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 financial institution under the 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 judgement 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 in Dublin, California , the day and year first above written. CITY OF DUBLIN By: ----- Mayor ATTEST : City Clerk DEVELOPER B : • L_- 1 EXHIBIT "A" ENGINEER ' S ESTIMATE for MASTER TRACT IMPROVEMENT BOND AMOUNT TRACT 5511 - VILLAGES AT ALAMO CREEK Dublin , California August 19 , 1986 Percent :em Description Quantity Unit Price Amount Complete GRADING 1 . Striping Lump Sum $ 66 ,000.00 100 2 . Rubble & Tree Removal Lump Sum 124 ,000.00 100 3 . Excavation (including creek) 580, 000 cy $ 1 . 25 725 ,000 .00 90 4 . Finish Grading Lump Sum 158 ,000.00 80 5 . Tree Fencing 2 , 500 if 1 . 60 4 , 000.00 100 6 . Sub Drain Lump Sum 43 , 500.00 100 7 . Key Ways Lump Sum 5 , 400.00 100 8 . Hydromulch -479 , 160 sf 0.02 9 , 583 .00 9 . Bench Gutter 2 ,040 if 12 .00 24 ,480 .00 90 SUBTOTAL, GRADING $1 , 159 , 963 .00 CREEK IMPROVEMENTS O. Access Road . 1 ,480 cy $ 16 . 65 $ 24 , 642 .00 1. Type 4 Field Inlet 5 ea 1 ,000.00 5 ,000.00 2 . Type 3 Field Inlet 3 ea 2, 000.00 6 ,000.00 .3 . Type 2 Lateral Pipe Entry 11 ea 5,000.00 55 , 000 .00 4. 12" Lateral Pipe Entry 1 ea 1 ,000.00 1 ,000 .00 5 . Box Culvert Lump Sum 175 ,000.00 6 . Retaining Walls Lump Sum 75 ,000.00 7 . V-Gutter 4 , 600 if 8.00 36 , 800.00 8 . Energy Dissipater 1 ea 5 ,000.00 5 ,000.00 9 . Manhole Type 4 1 ea 2 , 100.00 2 , 100. 00 0. CI .4 RCP 12" 24 if . 22 .00 . 528 .00 1 . RCP , 12" 334 if 22. 00 7 ,348 .00 2 . . Rip Rap (Caltrans) 11 ,000 tons 23.25 255 , 750.00 90 3. Rip Rap ( 1/4 ton) 1 , 750 tons 32 .00 . 56 , 000.00 90 4 . Fence 12 ,000 if 8.00 96 ,000.00 5. Gates 11 ea 350.00 3 , 850.00 6 . Driveway Apron 1 ea 750.00 750.00 7 . Pipe Entries , Exterior West Wall 2 ea 250.00 $ 500.00 SUBTOTAL, CREEK $ 806 , 268 .00 gee''' 2 Engineer ' s Estimate Master Tract Improvement Bond Tract 5511 - Villages at .Alamo Creek August 19 , 1986 Item Description Quantity Unit Price Amount STREETS & CONCRETE 28 . Fine Grade , Villages 2 & 3 76 , 000 sf 0. 10 $ 7 , 600.00 29 . Fine Grade , Alamo Creek Drive 45 , 000 sf 0. 10 4 , 500.00 30. Fine Grade , Dougherty Road 250 , 000 sf 0. 10 25 , 000.00 31 . 8 1/2" ASB , Villages 2 & 3 76 , 000 sf 0.37 28 , 120. 00 32 . 8 1/2" ASB , Alamo Creek Drive 45 , 000 sf 0. 37 16 , 650 .00 33 . 11 1/2" ASB, Dougherty Road - 250 , 000 sf 0. 49 122 , 500. 00 34 . 5" AB, Villages 2&3 76 , 000 sf 0.25 19 , 000.00 35 . 5" AB , Alamo Creek Drive 45 , 000 sf 0. 25 11 , 250 . 00 36 . 5" AB , Dougherty Rd . 250 , 000 sf 0. 25 62 , 500. 00 37 . 2 1/2" A .C. , Villages 2 & 3 65 , 521 sf 0. 46 30 , 140.00 38. 2 1/2" A .C . , Alamo Creek Drive 41 , 055 sf 0 . 46 18 , 885 . 00 39 . 3 1/2" A . C . , Dougherty Road 240 , 404 sf 0. 64 153 , 859. 00 40. Electroliers , Villages 2 & 3 15 ea 2 , 000. 00 30 , 000. 00 41 . Electroliers , Alamo Creek Drive - 6 ea 2 ,000.00 12 , 000.00 42 . Electroliers , Dougherty Road 21 ea 2 ,000. 00 42 , 000.00 43 . Signs and Striping Villages 2 & 3 Lump Sum 12 , 000. 00 44 . Signs and Striping Alamo Creek Drive Lump Sum 3 , 000.00 45. Signs and Striping Dougherty Road Lump Sum , 35 , 000. 00 46 . Standard Curb & Gutter Villages 2 & 3 5 , 153 if 6 . 10 31 , 433 . 00 47 . Standard Curb & Gutter Alamo Creek Drive 1 , 866 if 6. 10 11 , 383 . 00 48. " ' Standard Curb & Gutter Dougherty Road 4 , 270 if 6. 10 . 26 ,047 .00 3 Engineer 's Estimate Master Tract Improvement Bond Tract 5511 - Villages at Alamo Creek August 19 , 1986 Item " Description Quantity Unit Price Amount 49 . Median Curb & Gutter Villages 2 & 3 280 if 6 .80 1 ,904.00 50. Median Curb & Gutter Alamo Creek Drive 1 , 260 if 6. 80 8 , 568.00 51 . Standard Sidewalk Alamo Creek Drive 8 , 397 sf 1 .50 12 ,596 .00 52 . Bus Turn-Out Villages 2 & 3 2 ea 1, 500.00 ' 3 , 000.00 53 . Bus Turn-Out - Alamo Creek Drive 1 ea 1 , 500.00 $ 1 , 500.00 SUBTOTAL, STREETS AND CONCRETE $ 730,435.00 SANITARY SEWER 54 . 12" VCP , Villages 2&3 1 , 230 if 19 . 00 $ 23 , 370.00 55. 10" VCP , Villages 2&3 1 , 276 if 16 . 50 - 21 , 054 .00 56 . 10" VCP, Park 682 if - 16 .50 11 , 253 . 00 57 . 8" VCP ,~ Alamo Creek Dr . 285 if 14 .00 3 , 990.00 58 . 8" DIP-, Alamo Creek Dr . 112 if 23 . 50 2 , 632 . 00 59. Standard Manholes , Villages 2 & 3 14 ea 1 , 150. 00 16 , 100.00 60. Standard Manholes ,Park 2 ea 1 , 150.00 2, 300.00 61 . Standard Manholes Alamo Creek Drive 3 ea 1 , 150.00 3 , 450. 00 SUBTOTAL, SANITARY SEWER $ 84 , 149.00 STORM DRAIN 62. 12" RCP, Villages 2&3 492 if 16 .00 $ 7 , 872 .00 63. 12" RCP , Villages 4&5 491 if 16.00 7 , 856 .00 64. -. 12" RCP, Park 100 if 16 . 00 1 , 600. 00 65. 12" RCP , Dougherty Rd . 1 , 385 if 16 .00 22 , 160.00 66 . 15" RCP, Villages 2&3 144 if 26 . 00 3 , 744 :00 67. 15" RCP , Villages 4&5 133 if 26 .00 3 , 458.00 _ 68. 18" RCP, Villages 2&3 1 , 101 if 22 . 75 25 , 048 .00 69. 18" RCP , Villages 4&5 276 if 22 . 75 6, 279 .00 70.• 21" RCP, Villages 4&5 266 if 24 . 50 6 , 517 .00 71 . 24" RCP , Villages 2&3 655 if 27.50 18, 013 .00 72 . 24" RCP, Vllages 4&5 336 if 27 .50 9, 240.00 73 . 24" RCP, Alamo Creek Dr . 80 if 27 .50 2 , 200.00 74 . 36" RCP, Villages 2&3 645 if 46 .00 29 , 670.00 75. ' '36" RCP, Park 455 if 46 .00 20,930.00 76 . " 36" RCP , Alamo Creek Dr . 326 if 46 . 00 14 , 996 .00 77 . 42" RCP , Villages 4&5 253 if 58 .00 14, 674 .00 (P''''- 4 Engineer 's Estimate Master Tract Improvement Bond Tract 5511 - Villages at Alamo Creek August 19 , 1986 Item Description Quantity Unit Price Amount 78 . Catch Basin Villages 2 & 3 12 ea 1 ,500.00 18 ,000.00 79. Catch Basin Villages 4 & 5 9 ea 1 ,500.00 13 ,500.00 80. Catch Basin , Park 1 ea 1 ,500.00 1 , 500.00 81 . Catch Basin Alamo Creek Drive 3 ea 1 , 500.00 4 , 500.00 82 . Catch Basin Dougherty Road 3 ea 1 ,500.00 4, 500. 00 83 . - Type A Manhole Villages 2 and 3 10 ea 1 , 400. 00 14 , 000.00 84 . Type A Manhole Villages 4 and 5 _ 8 ea 1 , 400.00 11 , 200.00 85 . Type A Manhole , Park 1 ea 1 ,400.00 1 ,400.00 86 . Type A Manhole Alamo Creek Drive 2 ea 1 , 400. 00 2 , 800. 00 87 . Field Inlet 2 ea 1 ,000.00 2 ,000.00 88 . Inlet Structure 3 ea 1 , 000.00 $ 3 , 000.00 SUBTOTAL, STORM DRAIN $ 270, 657 .00 DOMESTIC WATER 89. 12" Main , Villages 2&3 2 , 304 if 20. 50 $ 47 , 232 .00 90. 12" Water Main , Park 1 , 240 if 20. 50 25 , 420.00 91 . 12" Water Main Alamo Creek Drive 402 if 20.50 8, 241 . 00 92 . ' 8" Water Main Villages 2 and 3 43 if 19 .00 817 . 00 93 . 8" Water. Main Alamo Creek Drive 70 lf . - 19 .00 1 , 330.00 94 . Irrigation Service -. Villages 2 and 3 2 ea 550. 00 1 , 100. 00 95. Irrigation Service ,Park 1 ea 550.00 550.00 96 . Irrigation Service _ Alamo Creek Drive 1 ea = 550.00 . 550 .00 97 . Fire Hydrant Assembly Villages 2 and 3 7 ea 1 , 900.00 13 , 300.00 98. Fire Hydrant Assembly Alamo Creek Drive 2 ea 1 ,900.00 3 , 800.00 99 . . Blow Off Valve Alamo Creek Drive 1 ea 1 , 150. 00 1 , 150.00 100. ' Air Relief Valve ,Park 2 ea 950.00 1 , 900.00 101 . 12" Gate Valve " Villages 2 and 3 9 ea . 1 , 000.00 9 ,000.00 F , 5 Engineer' s Estimate Master Tract Improvement Bond Tract 5511 - Villages at Alamo Creek August 19, 1986 Item Description Quantity Unit Price Amount 102. 12" Gate Valve, Park ' 2 ea 1, 000. 00 2, 000. 00 103. 12" Gate Valves Alamo Creek Drive 2 ea 1, 000. 00 2, 000. 00 104. 8"Gate Valve Villages 2 and 3 3 ea 500. 00 1, 500. 00 105. 8" Gate Valve Alamo Creek Drive 1 ea 500. 00 500. 00 106. 12" x 8" x 12" Tee Villages 2 and 3 3 ea 425. 00 1, 275. 00 107. 12" x 8" x 12" Tee Alamo Creek Drive 2 ea 425.00 850.00 108. 8" Cap and Plug Villages 2 and 3 3 ea 100. 00 300. 00 109. 8" Cap and Plug Alamo Creek Drive 1 ea 100. 00 100. 00 SUBTOTAL, DOMESTIC WATER $ 122, 915. 00 LANDSCAPING 110. Alamo Creek Drive and Shady Creek Rd (South side) '51, 500 sq ft 2. 50 $ 128, 750. 00 SUMMARY - Grading., 1, 159, 963. 00 Creek Improvements $ 806, 268. 00 Streets and Concrete 730, 435. 00 Sanitary Sewer 84, 149. 00 Storm Drain 270, 657. 00 Domestic Water 122, 915. 00 Landscaping —128,750. 00 TOTAL ALL. ITEMS $3, 303437. 00 Less Completed to 8/31/86 --(1,*324, 807. 00) SUBTOTAL $1, 978, 330. 00 Contingency 297, 833. 00 BOND AMOUNT $2, 276, 163. 00 NOTE: Upon acceptance, maintenance bond to be $908, 360. REV. 8/27/86 CITY OF DUBLIN 4 TRACT DEVELOPER AGREEMENT TRACT 5511 VILLAGE VI IMPROVEMENTS ( Shady Creek Road , Crossridge Road, Quail Creek Circle , Squirrel Creek Road) This Agreement is made and entered into this day of , 1986 , by and between the City of Dublin, a municipal corporation, hereinafter referred to as ."CITY" , and Ahmanson Developments , 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 Village VI ( Lots 1 - 145 ) within Tract 5511 in accordance with the requirements and conditions set forth within the City of Dublin, City Council Resolution No . 30-86 (PA85-041 . 1 and . 2 and Tentative Tract 5511 ) adopted on March 24 , 1986 , 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 . Improvements Subject to this Agreement . The improvements subject to this Agreement shall include construction of streets , water , sewer , drainage , and landscaping within Shady Creek Road, Crossridge Road, Quail Creek Road, and Squirrel Creek Road . 2 . Separate Agreement . Simultaneously with the execution of this Agreement , the City is entering into a separate agreement with Rafanelli & Nahas for the Master Tract Improvements , including storm channel reconstruction of Alamo Creek, and street and utility • improvements in Dougherty Road , Amador Valley Boulevard , Alamo Creek Drive , and Wildwood Road . 3 . Completion Time . Developer will complete the work required by this Agreement within a timely manner following the date on which City executes this Agreement . Developer shall complete said work not later than one year 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 . 4 . Security Furnished . Concurrently with the execution of this Agreement , Developer shall furnish City with bonds , or other acceptable security, securing faithful performance and labor, and materials . Such bonds , or other security, shall be in a form prescribed by City, and shall be issued by Company, or such other major financial institution as may be approved by City. The bond, or other security , shall become a part of this • Agreement . a) Faithful Performance Bond . Developer shall furnish the City with a bond conditioned upon the faithful performance of this Agreement . Said bond to be in the penal sum of $781 , 366 . b) Labor and Materials Bond . Developer shall furnish the City with a bond conditioned upon payment of all claims for labor and materials use& 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 $390 , 683 . 5 . Insurance Required . Concurrently with the execution of this Agreement or prior to the commencement of any construction , Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. a. Worker ' s Compensation Insurance . Prior to the commencement of construction, 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 . i 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 or severability of interests clause . d. Other Requirements . All insurance policies 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 . 6 . 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. 7 . Inspection of the Work . Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenient 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 . 8 . Agreement Assignment . This Agreement shall not be assigned by Developer without the written consent of City . 9 . 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 sucih 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 . 10 . 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 matter 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 . 11 . 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 . 12 . 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 Developer , 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 . 13 . 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 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 or publication . 9/3/86 Rev. • • 14 . 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 financial institution from liability on any bonds attached hereto and made a part hereof , and consent to make such alterations is hereby given, and the financial institutions hereby waive the provisions of Section 2819 of the Civil Code of the State of California . 15 . 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 . constructions., 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 financial institution under the 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 judgement 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 in Dublin, California , the day and year first above written. CITY OF DUBLIN By: _ Mayor ATTEST : City Clerk DEVELOPER AHMANSON DEVELOP _ By : __ 7;001, 'o: .gle, Jr. Vice President • 1 EXHIBIT "A" ENGINEER ' S ESTIMATE for IMPROVEMENT BOND AMOUNT VILLAGE VI - ALAMO CREEK TRACT 5511 Dublin , California August 19 , 1986 Item Description Quantity Unit Price Amount STREETS 1 . Fine Grade 175 , 000 sf $ 0. 10 $ 17 , 500. 00 2 . Aggregate SubBase 157 ,000 sf 0.37 - 58 , 090 .00 3 . Aggregate Base 157 , 000 sf 0. 25 39 , 250. 00 4 . Asphalt Concrete 140 , 048 sf 0.46 64 , 422 .00 _ SUBTOTAL, STREETS $179 , 262 .00 CONCRETE 5 . Curb and Gutter - 8 , 598 if 6 . 50 55 , 887 .00 6 . Sidewalk 38 , 692 sf 1 . 50 58 , 038 . 00 SUBTOTAL , CONCRETE $113 , 925 .00 . SANITARY SEWER 7 . 8" VCP ' 4 , 793 if 13 . 25 63 , 507 .00 8 . Later''l 145 ea 250. 00 36 , 250 . 00 9 . Manholes 17 ea 1 , 050 . 00 17 , 850 . 00 10. Plug Stubs 145 ea 5 .00 $ 725 .00 SUBTOTAL, SANITARY SEWER $118 ,332 .00 STORM DRAIN 11 . 12" RCP 308 if 16 . 50 5 , 082 .00 12 . 15" RCP 160 if 19 .50 3 , 120 . 00 13. ' .18" RCP 957 if 21 . 00 20 , 097 . 00 14 . 21" RCP 251 if 23 . 50 5 , 899 . 00 15 . '24" RCP 304 if 27 . 50 8 , 360. 00 16 . 30" RCP - 42 if 36 . 00 1 , 512 .00 17 . 36" RCP 303 if 43 . 00 13 , 029 . 00 18 . Catch Basin 15 ea 1 , 500.00 22 , 500 . 00 19 . Manhole 5 ea 1 ,300. 00 6 , 500 . 00 20 . Field Inlet 2 ea 1 ,000. 00 2 , 000 .00 21 . Inlet Stucture 1 ea 1 , 000. 00 1 , 000 .00 SUBTOTAL, STORM DRAIN $ 89 , 099 .00 r • 2 Engineer' s Estimate Improvement Bond Amount Village VI - Alamo Creek Tract 5511 August 19, 1986 Item Description Quantity Unit Price Amount DOMESTIC WATER 22. 12" Water Main 256 if 21. 00 5, 376. 00 23. 8" Water Main 5, 401 if 13. 75 74, 264. 00 24. Irrigation Service 1 ea 550. 00 550. 00 25. House Service - 145 ea 235. 00 34, 075. 00 26. Fire Hydrants 12 ea 1, 900. 00 22, 800. 00 27. Blow Off Valve 5 ea 650. 00 3, 250. 00 28. 12" Gate Valve 2 ea 1,000. 00 2,000. 00 29. 8" Gate Valve 14 ea 500. 00 7, 000. 00 30. 8" x 8" x 8" Tee _ 2 ea 200. 00 400. 00 SUBTOTAL, DOMESTIC WATER $149, 715. 00 LANDSCAPING 31. Shady Creek Road 24, 000 sq. ft . 2. 50 60, 000. 00 TOTAL ALl.,__ ITEMS $710, 333. 00 CONTINGENCY 71, 033. 00 TOTAL BOND $781.;366. 00 NOTE: Upon acceptance, maintenance bond to be $195, 341. • ECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 5303319 Bond No. PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No.A-311 February, 1970 Edition KNOW ALL BY THESE PRESENTS, That we, AHMANSON DEVELOPMENT (Here insert the name and address or legal title of Contractor) 2740 VAN NESS, #310, SAN FRANCISCO, CALIFORNIA. 94109 • as Principal, hereinafter called Contractor,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 P.O. BOX 2340, DUBLIN, CALIFORNIA, 94568 (Here insert the name and address or legal title of Owner) as Obligee,hereinafter called Owner,in the amount of SEVEN HUNDRED EIGHT ONE THOUSAND THREE HUNDRED SIXTY SIX AND .NO/100 -Dollars(5781.366.00 ), for the payment Nvhereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated , 19_entered into a Contract with Owner for ALAMO CREEK, TRACT 5511. VILLAGE VI ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of ORANGE ss • on this 1R1) day of SEPTEMBER in the year 1986 before me G.L. COLE Notary Public personally appeared R_S_ RFHRFR personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to this instrument as the Attorney-in-Fact and acknowledged to me that he(she)subscribed the name of SAFECO Insurance Company of America t 'eret9 as S.Fety and his(her)own name as Attorney-in-Fact. IN WITN _ a.-- -.-->. and and of ' ed m *the al.S-a ,at m floe i e .foresaid ounty,the day and • year in t is c-. Cate first 0661feIR� i yq.- ''0 G. L. � _ Notary public California «F;) Notary Public r, Principal Office In G.L. COLE ORANGE COUNTY ka... .....ice7nn aynires JAN. 26. 1990 • r, 3OR AND MATERIAL FECO INSURANCE COMPANY OF AMERICA _I(MENT BOND NERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 5303319 Bond No.' 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 BY THESE PRESENTS, That we, AHMANSON DEVELOPMENT (Here insert the name and address or legal title of Contractor) 2740 VAN NESS, #310, SAN FRANCISCO, CALIFORNIA, 94109 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, P.O. BOX 2340, DUBLIN, CALIFORNIA, 94568 (Here insert the name and addressor legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of THREE HUNDRED NINTY THOUSAND SIX HUNDRED EIGHTY THREE AND NO/}-nQars(5390,683.00---7 (Here insert a sum equal to at least one-half of the contract price) for the paymenf'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 , 19 entered into a contract with Owner for ALAMO CREEK, TRACT 5511, VILLAGE VI in accordance with Drawings and Specifications prepared by (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: 1. 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) 511220 R1 10/72 PRINTED IN U.S.A. POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA • SAFECO SEATTLE,WASHINGTON 98185 No. ___- 6737 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERtCA,each a Washington corporation,does each hereby appoint R. S. REHRER 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 22nd day of February 19 83 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, f have hereunto set my hand and affixed the facsimile seal of said corporation this 3RD day of SEPTEMBER 19 86 • • S-974 R70 3/86 PRINTED IN U.S.A.