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HomeMy WebLinkAboutPC97012 - 512 66th AveCity of Brooklyn Center Planning Commission Application Please Print Clearly or Type Application No. _ ?7 d l a Street Location of Property Hwy 252 & 66th Avanue, NWC @) (0( 4h AV 1f, Legal Description of Property Tracts A&B, Registered Land Survey No. 1442 River Road Denta560-0571 Owner SchererBros. Lumber (Gary Scherer) Phone No. 627-0812 12 66th Ave., Brooklyn Center, Mn 55430 Address 0110 83rd Ave., Brooklyn Park, MN 55445 Applicant Address Holiday Stationstores, Inc. by Mark Nelson Phone No. 830-8762 4567 W. 80th St., Bloomington, MN 55437 Type of Request: 11 Rezoning 11 Variance 11 Special Use Permit 11 Subdivision Approval 11 Other: Site & Building Pp Plan Approval Description of Request: Redeveloped/ relocated River Road Dental Clinic The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Holidav Statlpuxtore_�;., Inc. "f,— - Applicant's Signature Fee $ ) G C' Receipt No. 0. 6T Dates of P. C. Consideration: Approved v Denied following conditions: Date : 2?ZSh2 PLANNING COMMISSION RECOMMENDATION this day of 0,— 4Xe,, 19 T , subject to the Chairman --------------------------------------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: A _ �� l V Approved Denied this 4/--day of t (-j - , 19 ' , with the following CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (13612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted.) 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including. the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Question should be directed to the Planning and Zoning Specialist at 569-3330. Procedures & Requirements for Filing Application for Site & Bldg Plan Approval Planning Commission Information Sheet Application No: 97012 Applicant: Holiday Statinstores, Inc. Location: Northwest Quadrant of T.H. 252 and 66th Avenue North Request: Site and Building Plan Approval The applicant, Mr. Mark Nelson, on behalf of Holiday Stationstores, Inc. is requesting site and building plan approval to build an approximate 5,400 sq. ft. dental clinic on the proposed Lot 2 that would be created by the preliminary plat of the Holiday Brooklyn Center Addition (Application No. 97010). The property under consideration is zoned C-2 (Commerce) and is bounded on the west by R-3 zoned land containing the Riverwood Townhomes; on the north by vacant C-2 zoned land that is the proposed Lot 3 of the Holiday Brooklyn Center Addition; on the east by the proposed Holiday Stationstore development (Planning Commission Application No. 97011); and on the south by 66th Avenue North. Dental offices, such as being proposed under this application, are permitted uses in the C-2 zoning district. . The applicant has reached agreement with the owner of the River Road Dental clinic to. demolish and build a new dental office at the proposed location. The Commission's attention is directed to Application No. 97011 for details and common improvements proposed for the new site. ACCESS/PARKING The proposed plan calls for a shared access with the Holiday Stationstore to the east and proposed access for the future commercially developed site to the north. The location of the approximate 5,400 sq. ft. dentist office is such that it maintains the required 35 ft. buffer and setback from where a C-2 zoned development abuts an R-3 zoned property. This 35 ft. area may not contain any buildings, parking or other structures and must be maintained as a landscaped area. The zoning ordinance requires a minimum 8 ft. high screen fence within this 35 ft. buffer area. With respect to parking on the proposed dentist office site, the plan calls for 36 parking spaces, 10 of which (including 2 handicap) are located to the east of the building. Fourteen parking spaces are located to the south of the building, between the building and the required 15 ft. greenstrip from 66th Avenue North right-of-way. Twelve additional parking spaces are located along the east end of the site adjacent to the common driveway serving the various parcels within this planned area. The parking formula for a dental or medical clinic requires one parking space for every 150 sq. ft. of gross floor area. The 36 parking spaces would accommodate 5,400 sq. ft. of dental clinic space. The floor plans for the site indicate approximately 3,700 sq. ft. of clinic space on the first floor with a basement area containing storage space and mechanical space of less than 1,700 sq. ft. Parking for the site should be adequate given the area being devoted to medical/dental space. 8-14-97 Page 1 GRADING/DRAINAGE/UTILITIES The Commission's attention is directed to the portion of the report for Application No. 97011 with respect to drainage, grading and utilities. This site will tie into sewer and water lines that are contained within a 60 ft. easement area lying to the east of the site. Two catch basins are proposed to handle storm water drainage from the parking lot. One is to be located in the south parking lot and the other in the east portion of the parking lot. LANDSCAPING The landscape plan submitted in response to the landscape point system utilized by the Planning Commission for evaluating landscape plans requires 81 landscape points for this .81 acre site. The proposed plan calls for 185.5 points which is well in excess of the minimum required for such a site. The plan calls for five Norwood Maple trees to be located along the north property line and 14 Red Pine to be located in the 35 ft. buffer area required where this property abuts R-3 zoned property to the west. The applicant is requesting that this landscaping of Red Pine be considered appropriate and in lieu of a required 8 ft. high opaque fence or wall. Other landscaping on the site includes three Amur Maple trees to be located in the greenstrip along the 66th Avenue North right-of-way. Two Norwood Maples are also proposed, one for an island area located southeast of the building and other on the opposite side of the parking lot close to the common access to the site. Five Spring Snow Crab are located between the drive lane and the easterly parking for the proposed dental office. A planting bed of Anzac, Day Lily, Scandia Juniper and Bush Honeysuckle are located at the southeast corner of the site. Perimeter plantings of Gentle Shepherd Day Lily and Burning Bush are located around the east and a portion of the north foundation of the building. The question of appropriate screening should be addressed by the Commission. BUILDING The applicant has submitted building elevations for the proposed dental office building, however, no building materials are indicated. The office appears to be an attractive building, but indications of the building materials should be provided. LIGHTING/TRASH The proposed lighting plan shows lighting well within the standards contained in the zoning ordinance where a commercial development abuts with a residential development. Lighting is directed along the parking lot and the east side of the building with no lighting affecting the west portion of the site. Our concern, as always, is that lighting be directed downward on the site and not create glare. This means that the lighting standards should be shielded and in compliance with the zoning ordinance provisions. 8-14-97 Page 2 The plans call for a 12 by 18 ft. dumpster enclosure area to the north of the dentist office. Materials utilized for the screening device have not been indicated. It should be noted that we would recommend the dumpster enclosure to be the same material as the building and it should be further noted that gates on the dumpster enclosure must be opaque. As mentioned previously, the dentist office is a permitted use in the C-2 zoning district, therefore, no public hearing is required with this application. Notices have been sent based on the Holiday Stationstore proposal and some persons residing in the Riverwood Townhomes may receive notices of the gas station proposal that may have concerns or interest in the dentist office as well. RECOMMENDATION The plans for the most part, with some modifications, appear to be in order and approval of this application is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facility and on -ground mechanical equipment shall be appropriately screened from view. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and 8-14-97 Page 3 utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into and easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plan shall be modified prior to the issuance of building permits to indicate the building exterior material proposed for the development. 12. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standards specifications and details. 8-14-97 Page 4 tZu tz Z yZ 2 p � � O16-T aro H AVE �{ � J TH. AVE. N ' pis Planning Commission n nv am -cH -4VM 73RD AVE N 72NO AVE N 71ST AVE N 70TH AVE N 69TH AVE N 68TH AVE N 67TH AVE N 66TH AVE N 65TH AVE N 64TH AVE N VYD AVE N June 26, 2003 Joel Geil Holiday Companies 4567 West 8CP Street Bloomington, MN 55437 RE: Performance Guarantees for Holiday Stationstore and River Road Dental Projects Dear Mr. Geil: This letter is in response to your inquiries regarding the release of the financial guarantees for two projects that Holiday Companies has undertaken in Brooklyn Center: Holiday Stationstore, 420 66t' Avenue North (our File No. 97011), $41,000 Performance Bond from Safeco Insurance Company of America. 2. River Road Dental, 512 66t' Avenue North (our File No. 97012), $30,000 Performance Bond from Safeco Insurance Company of America. Building Official, Larry Martin, and I reviewed the sites for compliance with the above stated performance agreements and site development plans on June 16, 2003. With respect to the Holiday Stationstore, we found the project to be complete and the viability of landscaping acceptable. An as built utility plan has been submitted. I will be recommending the total release of this performance guarantee at an upcoming City Council meeting. Regarding the River Road Dental project, we found that a number of red pines, which are part of the screening plan between the residential and commercial zoned property, were dead, missing or had not survived. The approved screening plan, which is a combination of opaque fencing and the pine trees, was an important part of the overall screening plan agreed to by the developer after discussion with neighboring property owners and the City. This item must be addressed. Also, we noticed some of the landscaping on the site seemed to be distressed and in need of water and maintenance. In some cases, it appeared to be close to dying. This matter too should be addressed before I can recommend release of this guarantee. Once the screening plan is complete and the landscaping is viable, please contact me for a final review. If you have questions or comments regarding the above, please contact me at 763-569-3300. Sincerely, Ronald A. Warren Planning and Zoning Specialist RAW:rsc c (I 1 , VIAH004 Z59 I II > ITM A M, . .; 9 V %` t . i I , A 11plOjil 1 PM. COUNCIL ITEM MEMORANDUM DATE: September 23, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti Planning g p� & Zoning S ecialist( THROUGH: Gary Eitel, Director of Business and Development f`�'� SUBJECT: Site Performance Guarantee Release Request — Planning Commission Application Nos. 97011 and 97012 — Holiday Station -Store and River Road Dental Offices [420 - 66th Avenue North and 512 - 66th Avenue North, respectively] Recommendation: It is recommended the City Council approve the release of the remaining site performance guarantee held by the city for completion of various site improvements, in conjunction with site improvements made to the combined Holiday as station store and River Road Dental offices, located at 420 - 66th Avenue North and 512 - 66t Avenue North. Background: On October 27, 1997, the City Council approved Planning Application Nos. 97011, which approved the site and building plans for a new 4,232 sq. ft. Holiday Station and 1,080 sq. ft. car wash. That same night, the Council also approved Planning Application No. 97012, the 5,400 sq. ft. office building for River Road Dental. Approvals included certain conditions, one of which related to the posting of a financial guarantee by Holiday Station -Stores, Inc. (and on behalf of River Road Dental), by means of a Performance Bond in the amount of $30,000.00. This Performance Bond (Bond No. 5866788) was issued by Safeco Insurance Company of America for the benefit of the City; which was held by the City to ensure completion of various site improvements, including an as -built survey. On September 4, 2013, city staff received from Holiday Station -Store representatives a completed 2013 as -built survey. This survey was reviewed and found to be acceptable by the Public Works Department. City staff collectively supports and recommends the Council release Holiday Stationstores, Inc. from this bond obligation; whereupon this release, the original bond will be returned to the issuer, Safeco Insurance Company/Holiday Station -Stores, Inc. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and others Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT FILE NO. 97012 This Agreement is entered into by Holiday StationStores. Inc. hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of October 27. 1997 and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: Lot 2 Block 1 Holiday Brooklyn Center Addition (512 66th Ave No) The Work will consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, codes and Ordinances of the City. The cost of the improvements is estimated to be $50,000 COMPLETION DATE The undersigned Developer agrees that the said Work will be completed in its entirety on or before the 1st day of July 1999, and no extension of time will be valid unless the same will be approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE The Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the Director of Community Development of the City. FINANCIAL GUARANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an -approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee, as. approved by the City Manager of the City, in the amount of $ $30,000 Such Financial Guarantee wjl! continue hi full force and effect until the City Council will have by motion approved and accepted all of the . Worm undertaken to be done and will therebyhave released the Surety and/or Developer from an further liability; Y P Y Y+ provided however, that the Cit�y'Cbuncil may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance 4all"eIements of this Agreement and upon compliance with all applicable Statutes, codes, and Ordinances'ofihe City,. and will further be subject to the following provisions which will be deemed to be incorporated in such Financial' Guarantee and made a part thereof. NOTICE The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the Cit; in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed sixty (60) days unless approved by the City. Performance Agreement pg. 1 Revised 4-98 REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1) Completion by the City. The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4) Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the Citv. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this auk W, 19 *Wiess D Witness Subscribed and sworn to before me this J&y of 19 / �. Zoning Official day of ResrCC ---vw "^ , C S* BRA TA YPfJQLIC•Mj%ES0?TI EXPNta JAn. 3f, Tpgp Performance Agreement pg. 2 Revised 4-98 Bond # 5866788 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, HOLIDAY STATIONSTORES. INC. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , as Surety, are held and firmly bound onto the CITY OF BROOKLYN CENTER, MINNESOTA as Obligee (hereinafter called the "City"), in a sum not to exceed Thirty Thousand dollars ($30.000.00) lawful money of the United States of America we hereby jointly and severally bind ourselves and each of our heirs, executors, administrators, successors and assigns by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal has entered into an agreement with the City of Brooklyn Center, Minnesota for planned improvements and development of property located at 512 66`s Avenue North in Brooklyn Center, Minnesota WHEREAS, the Principal will make all improvements and other work set forth in accordance with said agreement with the City of Brooklyn Center, Minnesota, NOW, THEREFORE, if the Principal shall fully and faithfully perform all the work specified by said agreement, in accordance with the plans, specifications and provisions of said agreement, then this obligation shall be void; otherwise it is to remain in full force and effect in law. The City is the sole Obligee under this Bond, and no other party is intended to be benefited by the provisions hereof. IN WITHNESS WHEREOF, the Principal and the Surety have caused this Bond to be duly executed this 9th day of July , 1998 HOLIDAY STATIONST , INC. BY: SAFECO INSURANCE COMPANY OF AMERICA BY: L1/ \ jL.M. Davis, Attorney -in -Fact SAFEW SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 ACKNOWLEDGMENT BY SURETY STATE OF Minnesota County of Dakota } On this 9 t h day of July 1998 , before me personally appeared L.M. Davis , known to, me to be the Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public in the State of Minnesota (Seal) County of Scott ---------------- ° �`'• PATRICIA RENNEKE NOTARY PUBLIC MINNESOAl TA My Commission EzpOes Jan. 31, 2000 S-0230/SAEF 6196 Beth a Registered trademark of SAFECO POWER GENEINSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA �wt9 SEATTLE. WASHINGTON 98185 �/v GW No. 3212 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 NN eeeee elleteM NtelletetN■11N■Ne1tM L. M. DAVIS ■IIMe■tetee eeMeeell■eMMtr■eN eeee■NNMMMNtxMe7leMNNeeeM11N 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 4 t h day of January . 19 93 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. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9 th day of July 19 98 S-074/EP 1/93 © Registered trademark of SAFECO Corporation.