Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-678 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES': None ABSENT: None ABSTAIN: None RF,SLUfiIONO. SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08777, being developed by Windemere' BLC Land' Company, LLC, San Ramon(Dougherty Valley) area.:(District III) The following document was presented for Board approval this date for Subdivision 04- 08777, located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) ;with Windemere BLC Land Company, LLC, developer, 'whereby said developer agrees to complete all improvements as required in said Subdivision'Agreement (Right of Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping.' Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title '8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $2,690.00 Deposit made by: Windemere BLC Land Company, LLC' Auditor's Deposit permit No. and Dater 436206 December 16, 2004 BB:rm I hereby certify that this is'a true and correct copy of an G:\GrpData\EngSvc\BO\2005v0-11\SD 04-08777 BO-]s.doc Originator: Public Works(ES) ril action taken and entered on the notes of the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T—July 13,2005(P1) ATTESTED: O754 G ,Y l/, o4A ' Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin National Farmers Union Standard Insurance Company One Dinancial Plaza,1&Floor Hartford,Cr,06103 Attn:Patricia H.Brebner By ,Deputy RESOLUTION NO.20051 � � SUBJECT: Approving Subdivision Agreement (Right of WayLandscaping) for Subdivision 04-08777, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. '(District III) DATE: October'11, 2005 PAGE: 2" II Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number``;and Date: 441018''9 December 3, 2004 Performance Amount: $266,210.00 Labor&Materials Amount: $134,450.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department.» (Right of Way Landscaping) (Government Code§66462 and§66463 Subdivision:' SUB 8777 Effective Date: a Subdivider: Windemere BLC Land Company.L.L.U. Completion Period: -, 3rear5 VANDEMERE BLC LAND CC1WANY,LLC THESE SIGNATURES ATTEST TO THE P'ARTI'ES'AGREEMENT HERETO: A California limited liability company -OBS windemem,LLC, By:LEN CpNTRACOSTACDUI�ITY SUBDIVIDER: A Delawm limited liability company _ Managing!Member +:Lennar Humes of California,Inc., Maurice M. hlu, Pubiic Works Dir or lvfanagiag'Member' By. Cl (signature) (print name title)Don on,vice President RECOMMENDED FOR APPROVAL: By: (signature) Engineering Services Divrsi (print naive&title}Dsrleen Carpenter sst.Secretary FORM APPROVED: Victor J. Westman County Counsel signatures ig aa�sl mg s taco for with designated brdeppresentIncorporated, tivegro p pursuant to corporations Code§313.)' 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,Callfor nia,hereinafter called"Cour ,"'and the above-mentioned Subdiv der,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs; street'lights,fire hydrants, landscaping, and such ether improvements (including appurtenant equipment) as required in the Improvement plans for this subdivision as reviewed and on file with the Contra Costa County'Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called'"work")within the above completion period from date hereof as required by the Califomla Subdivision Map act(Govemment Code§§66410 and;following),In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superlorto the requirements of the County Ordinance Code and rulings made thereunder; and where there!$a con#tict between tate improvement plans end the County in Code,the stricter requirements shall govern. 3. IMPROVEMENT SES CUR17Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Cods§66499,and the County Ordinance Code,provide as security totheCounty;.. A. For Perforrnanes end Grantee: $ 2690.00 cash,plus additional security,in the amountof $ 66210.00 which together total one hundred percent(160%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory,performance. B. For Payment: Security in the amount of 134 454,00 ,winch is fifty percent(5(r/o)of the estimated cost of the work. Such security is presented in the fort of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C U pon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily-for a,period of one-year from"and afterthe Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to Porrect,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as compete At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision``. if,at any time before the,Board of Supervisors accepts the work as complete or during the one-year guaranteeperiod,said improvement plans'prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any'° officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY:' Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:. A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,'officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incur ed or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,orany offscer,agent,or> employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in:accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON.-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges'incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,Including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all'costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attomey's fees,and all other expenses of litigation incurred by County in connection therewith,even If Subdivider subsequently proceeds to complete the work. 12.. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivisionis included in territory incorporated as-a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw9ep G:1GrpDet9%En;SvdWorms%AG WORD%G-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of inn On —a— before me,�►AJEJ.s Date tom, h. Name and Tine of Officer(e.gi"Jane Doe,Notary PuDlidl personally appeared 4JaRJLp+'S►csA� ` Jf '1. . tAIR-PEr4:MEe- Name(s)of Slgnerls)r., %personally known to me 1 ❑ proved to me on the basis of;satisfactory evidence to be the ,person(s) whose name(s) 4s/are L. KN subscribed to the withininstrument and CcmxnWon N 1378827 acknowledged to me that heA94e/they executed Notary Pubes - California the same in 19 the authorized Contra Costa County - capacity(ies), and that by hie#her/their MYCMrT1,Exp sQ07,2106 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES4hy hand'aZofficiseal: ,C 4Z A-1crei Signa re o ,Ary Public OPTIONAL Though the information'below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document } Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian'or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chat8worth,'CA91313.2402-www nationabiotary.org. Prod No 5907 Reorder Call Toll-Free 1-800.878.8827 1 11ftil ,,010E C +G00M AS R CONTRC�i.LER } MAKTINEZ,CALIFORNIA : CEIVEDIWOM ORGANISATION Nl1MBER ;.{C3ngcxtimtiaf) {I t iFwGalioctio-Procedures see County Admini:itatot's Bulletin 105.) DESCRIPTION. FUNDIORG ACCTB. TASK OPTION ACTI) Y AMOUNT .r�.:.i r r. �� �# }• i�_ �1�"" fz'r{r.r''11.... '� lei:' it l f �; 4, fi { rte';' I ilk I t_ w &�° �°'} 5 Ji }I. a � � 1 t t 1 . t 1 t .. i i 1 1 ' 1 1 1 XPLANATiON: 7©fiAL f DEPOSI f Depasit consists of the Wlowing items !;qWN and CURRENCY $ `' F CHECKS,MO.,ETC . SANK DEPOSIT'S $ FOR AUDITOR-CONTROLLER USE CW t DEPOSIT" PERMIT DP NUMBER 4W �PV1711111 ASSIGNED l he amount of money described above u far Treasurer's eipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury knawledged agned < Signed,: �tle Br EST E Signed: uty Count 'tor Deputy County Treasurer t4REV(7-93) E � 819800-0800: G1158981, $3.090.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA94583 819800-0800: G1158983, $1.000.00, Sub 8774, Performance Cash Bond, Windemere BLC Land Company LLC,' 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800:> G1158986, $1,700.0 , Sub 8775, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI' #310, San Ramon, CA 94583 819800-0800 G1158988, $1,720.00, Sub 8776, Performance Cash Bond, Windemere BLC Land Company LLC; 3150 Crow Canyon PI' #310, San Ramon, CA 94583 819800-0800:' G1158990, $2,,690.00, Sub 8777, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI` #310, San Ramon, CA 94583 819800-0800 G1I58992, $1.490.00, Sub 8778, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI ##310, San Ramon, CA 94583 819800-0800: 61158994, $2,500.00, Sub 8690, Performance Cash Bond, VII VVY I 01st F rL rrf 505 819800-0800: 11 8995, $6,100.00, RA1148, Performance Cash Bond, rA7 Ml' Sic? ew - + ' �d c� rrt ..(' o r .. , t ' iS 'c3 ` 819800-0800: 61158996, $3.500.00, S1lB86'8'�,Cerfo mance Cush Bond, d s, C fib 819800-0800: 61158997, $9,870.00, RA1151, Performance Cash Bondi Windemere BLC Land Company LLc, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158982, $25,200.00, Sub8773, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 ' Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158984, $7,600.00, Sub8774, Landscape ImprovementInspection deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, Scan Ramon, CA 94583 0649-9665 / 831000: 61158987, $14,130.00, Sub8775, Landscape Improvement' Inspection Deposit, Windemere BLC 'Land Company LLC, 3150 Craw Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000. G1158989, $14.280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC 'Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158991, $22,010.00, Sub8777, Landscape Improvement'Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #'310, San Ramon, CA 94583 0649-9665 / 831000 61158993, $12,410.00, Sub8778, Landscape Improvement Inspection Deposit, Windemere BLC Land 'Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158994, $14,700.00, Sub8690, Landscape Improvement<Inspection' Deposit, CVOIAI CO3t �L�- 1 G`t> t,r ltd ��- i..frq s SO=> 0649-9665 / 831000: G1158995, $30.900.0, RA1148, Landscape Inspection, an ompany a-R CA 94 8_ 5 - `fid Cly 0649-9665 I 831000: G1158996, $19.400.00, Sub8685, Landscape Improvement Inspection, fl—Creav�- p,-t s W-v / tAs, C� /SC>�✓ 0649-9665 I 831000. 01158998, $79.Z.0a, R,A1151, Landscape Improvement 'Inspection Deposit, Windemere 8LC Land Company LLC, 3150 Crow Canyon P{ #310, San Raman, CA 94583 0649-9665 / 831000-- 61158999, $947.17, FC Permit 633-03, Cash beposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 0649-9665 / 831000; G1159000, $196.83, FC Permit 632-03, Cash:Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 Subdivision; SUB 8777 Bud Nw. 4410189 Premium: $1,33l 00 Executed in Duplicate UVRO VEMF.NT 5T:C1.TRM BOND FOR M- LIC RIGHT OF W X Y L. S "E AGREEMENT (Perfortnatnce,Guarantee, and Payment) (California.Government Code Sections 66462 and 66463) Y. R.�CtTAL.:OF S(ftn iStart AgEfiMENT: The Principal has executed an agreemmu with the County to install and gay for public right of-way iandscapmg,and rather related improve:aents is Subdivision 8777 as specified in the Subdivision Agreemew(Right of Way Landscaping),and to complete said work within the'time specified for completion in the Subdivision' Agreement (Right of Way Landscaping), all in accordance with:State and local laws and rulings'thereander in order to satisfy conditions for filing of the Final,Map or Parcel Map for said Subdivision. 2. g8UGATiQm Wiattderoere BLC Iand Com an L.L.C. ,asPaincapal,arad National Fags Union Standard Insurance Company,acorporation organi2ed existing mule thelaws of the State of Colorado , and authorized to transact surety business in California, as Surety, hereby jointly and severally 'bind ourselves,;our heirs, executors, administrators, successors,and assigzas to the County+ofContra Costa,California to pay it: A. Performance and Guarantee;Two Hundred S' &Sic Thousaaad Two 1^Iundred Ten and 00/100 Dollars 2 b,214AO ) far itself or any city assignee wader the above County Subdivision Agreement,plus S. Payment. One iHim-Or ed Thirty Four Thousand Nair Hundr l F' acid 00/100 Dollars (S_ 134,4M.0ti' } tosecure the claims to which reference is made in Title XV (ccarnmencing with Section°3082) of Parr 4 of Division IA of the Civil Code of the State of California. 3. CONDMON: A. The Condition of this obiigarion as to Section 2.(A) above is such. that if the above boutnded Principal,his or its heirs,executors,administrators,successors or assigns,"I in all tWngs stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed'at the time and in the manner therein specified,and in all respects according to their true intent and meanie-S, and shall a"nde=ify and save ha:titiless'the County of Contra Costa(or city assignee),its officers,agents and employees,as thereW stipulated,rheri his obligation shall become null and void;otherwise it shall be and restrain in full force and effect. As part of the obligation secured hereby and in addition to the face amountspecif ed therefore,there Shall be included costs and reasonable expenses and fees, including reasonable anomey's fees, incurred by County(or city assignee)in successfully enforcing such Obligation, all to be taxed as costs and included in any judgement rendered. $• The condition of this obligation as to Section 2-(B) above is such the said Principal .and the undersigned as corporate strre�ry are held firmly,bound unto the Cat ry of Comm Costa and all contractors,subcontractors,laborers,material amen and other persons employed in the.performance of the aforesaidagreement and referred to in the aforesaid Civil Code forn=erials furnished or labor thereon of any land,or far amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the at count herein' above set forth, and also in case suit is brought upon this band, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable anoruey's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included'in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all Persons,compariies and corporations entitled to file claims under Title 15(commencing with Section 3082)ofPart�F ofl�ivision 3 ofthe Civil Code,so as to give a right ofactiou to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this Obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreemenr or any plan or specification ofsad work agreed to by the Principal and the County shall relieve any Surety from liability an this furbond;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to and independently of any action against Principal whenever taken: SIGNED AND SEALED on December 3,' 2004NDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS Windemere, LLC, a Delaware Eorporation, its Managing Member Pnnar Homes of California, Inc., • its M+na in$-Member SURETY: NATIONAL FARMERS UNION STANDARD INSURANCE --- Address: 25 Enterprise- Address: one Financial Plaza, 10th fluor OMPANY City: Aliso Viejo Zip- 92656 Ci ty Hartford CT ;gip: 06103 By. f `" 8y: Print Name: David L. ans Print Name: Patridia H. Brebner Title: vice President Title: _ Attorney-in-Fact tmw W'WS1�SiiARDA7A+CripDaat�¢vctFoA�BN 1YOKDtBW-l2A.aoe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran e On December 6, 2004 before me, Dina Prints, personally appeared David Evans, personally known to me to be the person whose , name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DINA PRINTY Witness my hand and official seal. 4' Commission# 1453610 Notary Pubhc-California "" '::.:.� MY�omm.Expires Nou28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form: CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410189 Number of Pages: Two (2L Date of Document: December 3. 2004 Signers (other than those named above):,,Patricia H. Brebner CALIFORNIA ALL-PURPOSE A JOWLEDGsMENT No.5907 State of California County of Orange On December 3 2005 before me, Rhonda C.Abel,rotary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SfGNER(S) ® personally known to me -OR- ❑'' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to"me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. rt RHONDA C,ABEL Comm.#1312777 SIGNA 11 IRO OF NOTXIRY NOTARY PUKIC-CAUFORNIAQ a ORANGE COUNTY � < COivttvl.ESOP.AUG.9,200;'' OPTIONAL Though the data below is not required:by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ .INDIVIDUAL ❑ CORPORATE OFFICER TITLE''OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LI MITED GENERAL ❑ ATTORNEY-IN-FACT ❑ 'TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4467/GEEF 2/98 01'993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NATIONAL FAxMERS UNION STANDARD INSUTt uflCE COMPANY [in the process of being renamed Quanta Indemnity Company] New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard insurance Company[in the process of being renamed Quanta Indemnity Company], a Colorado corporation,(hereinafter the"Company"),does and appoint: hereby constitute Patricia H.Brebner of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,seal, and execute on its behalffidelity and surety bonds or undertakings and other documents of a-similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION 1100 DOLLARS{$SO 000. 04 0 Ofl)each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings,contracts,and other instruments,other than as above for and on behalf of the Company which it isauthorizedby law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the president or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers maybe engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta IndemEnity Company]has been affixed thereto in New York City,New York this 26a`day of March,2004: National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company]' By Walda Decreus,Assistant Secretary sranta o ' , L ORaP STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26a'-'day of March;2004,before me,a Notary Public,personally came WALDA DECREUS,to me known,and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company];that she knows the seal of said corporation;and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation. Capt E.�+'n NOWY Public w 0,N"York N0.01C14 23 Notary Public Quallftiedin`'tir minty MY CommisslM 941res June 30.2008 CERTIFICATE I,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII,Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 3rd day of Decelaber 3, 2004 B -: Y Martha G. nnerman Secretary �►', ,���p,40R,wq�-•,� 1988 � v.w IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk insurance Act of 2002 ("The Act") we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially'reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a.violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United' States Mission; and to have been committed' by an individual or individuals acting on behalf of any foreign person or foreign' interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising;,from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf - and'your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage 'which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR'10001'(Ed.4/04)