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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-694 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25,',2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Ullkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08710, being 'developed by Western Pacific Housing, Inc., a Delaware Corporation,Discovery Bay area. (District III) The following document was presented for Board approval this date for Subdivision 03- 08 710, 3-08710, locatedin the Discovery Bay area. A Subdivision Agreement (Right of Way Landscaping) with Western Pacific Housing, Inc.,, 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 Cade, as follows: I. Cash Deposit Deposit Amount: $4,521.00 Deposit made by: Western Pacific Housing,Inc. Auditor's Deposit Permit No. and Date: 452460 October 6,-2005 AH:rm I hereby certify that this is a true and correct copy of an Originator: Public Wo Works (E 0 251SD'03-0871(}Ba-16:doc action taken and entered on the minutes of the Board'of orlginatar: Pulslic works(lEs} Contact: S.Gospodchikov(313-231£) Supervisors on the date shown. cc Public works'- T.Bell,Construction Current Planning,Community Development x—July,2007(P1) ATTESTER: # xe,ve _"11 121Occ,tmlBlvd,r'g'Inc. JOHN SWEETEN, Clerk of the Board of Supervisors and Brentwood,CA 94513 County Administrator Arch Insurance Company 135 N.Los'Robles,#825 Pasadena,CA 91101 By , � ' � �r.�-- Deputy J ' RESOLUTION NO.2005/_ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08710, being developed by Western 'Pacific Housing, Inc., a Delaware;, Corporation,Discovery Bay area. (District III) DATE. October 25,2005 PAGE: 2 II. Surety Band Bond Company. Arch Insurance Company Bond Number and Date: SU5016366'` September 28, 2005 Performance Amount: $447,579.00 Labor'&Materials Amount: $226,050.00' Principal: Western Pacific Housing, Inc. 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State"of en.-V_e" County of /� .-, -- On G before me, Name and TiSe cc Of vicar reg.,"Jane Doe,Notar/Public' personally appeared - 3 PNane(s)of Sign0a) ersonally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose names) a subscribed to the within instrument and acknowledg�to me thatle helthey executed the same in ritheir authorized capecity(iss), and that i er/thein LISA L.FlNCH s re(s) on the instrument the person(s), or the an}ity upon' C liff•#942 behalf of which the person(s) acted, executed the instrument. NOTARY i UBLtCIJt�MfA CON TRA CWTA COUNTY , ' WITNESS my hand and official seal. h. Signature of Notary Pubi .-.---------------- — QPTIC�N,��._.�._.�.__._._�___._.-..w.------- t hough Me lniurmadon below is not 1--quire by law,it may prove vsluabls to persons relying an the document and could prsvent frasudulent removal and resttecftment of this form to another document' Description or Attached ocument Title or Type of Document: r Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: Individual M Individual Corporate Officer ❑ Corporate OfFicer Titles(s): ❑ Title(s): El Partner-❑ Limited ❑ General ❑ Partner-M Limited ❑ General D Attorney-in-Pact ❑ Attorney-in-Fact [] Trustee ❑ Trustee Guardian or Conservator G x- Guardian or Conservator - Other Top of-Thumb here � Other: Tap ofThumb'here Signer Is Representing: Signer is Representing: WESTERN PACIFIC HOUSING,INC Okla Schuler.Homes Holdco, Inc.) Officers & Director Dist As of September 9, 2005 Name Title Horton,Donald R. Chairman of the Board Tomnitz,Donald J. Vice Chairman,President& Chief Executive Officer Fuller, Samuel R. Senior Executive Vice President Wheat,Bill W. Executive Vice President&Chief Financial'Officer Dwyer,Stacey H. Executive Vice President&Treasurer Noon, Thomas F. Executive Vice President&Chief Operating Officer-Californi Chambers, Christopher J. Vice President of the Company&Region President Knapp,C. Evan Vice President of the Company&Region President Ambrosini,Richard P. Vice President of the Company&Division President Brown, Glenn R. Vice President of the Company&Division President Coop,Richard L. Vice President of Company&Division President Jaeger,R Douglas Vice President of the Company&Division President Luker,Jimmy Vice President of the Company&Division President Frazier,Lisa Vice President,Financial Controller&Assistant Treasurer Blake, James R. Vice President of Marketing Baden, Scott Vice President&Division Controller Brandon; Larry E. Vice President of Land Development Brawn,Lloyd Vice President&Customer Service Brown,Glenn Vice President Clark, M Scott Vice President of Construction Cole, Gregory G. Vice President of Operations Comber,Thomas W. Vice'President&Director of Operations Eggleston,R. Dale Vice'President Fleming,Joan L. Vice President Frank, Jason Vice President of the Company Gillett,Jim Vice President&Division Controller Hoban,Joe Vice President of Sales&Marketing Hodges, Greg D. Vice President of Land Acquisition Kellerman,Kenneth Vice President of Sales and Marketing Last Printed/Updated 9/27/2005,4:35 PM C:\Documents and Settings\gmcurtis\Local Settings2ftapbf&§Internet Files1OLK1\Officer Lists-L Weldon,WPH Inc L Name Title Koeblitz,Robert Vice President Krause,Kellee Vice President& Customer Service Ledsam,Douglas G. Vice President of Land Acquisition Lemke,Mike Vice President of Operations&Purchasing Lopez,David Vice President of Sales&Marketing Mayer,III,William E. Vice President&Assistant Secretary McCook,ThomasVice President Montoya,Deana Vice President Nakamura, Gail Vice President of Marketing Olson,Ann Marie Vice President of Sales&Marketing Reed,Brent Vice President Land Acquisition/Development Selders,Robert Vice President of Forward Planning and Assistant Secretary Stanicek,Chris Vice President&Division Controller Wood,Linda Vice President of Sales Wyman,Anthony J. Vice President' Porter,Debra Assistant?Division Controller Mills,Lori Assistant Vice president&Director of Escrow Adorni,Mark Assistant Secretary&Sales Manager Armstrong,Daniel Assistant Secretary&Director of Purchasing Baran,Janice Assistant Secretary Blum, Sherrie Assistant Secretary&''Escrow Coordinator Buchschacher, Paul W. Assistant Secretary Cleveland,Andrea S. Assistant Secretary' Cole,Kimberly C. Assistant'Secretary Doughlin,Michael Assistant Secretary&Director of Purchasing Evans,Dick Assistant Secretary&Director of Customer Service Harbour, Ted I. Assistant'Secretary Hendrickson,'Cathy Assistant Secretary Hewitt,Bruce Assistant Secretary&Director of Purchasing; Hudspeth,Dennis D. Assistant'Secretary&Director of Construction and Purchasing Hunter-Perkins,Paula Assistant Secretary Karnes,Robert M. Assistant Secretary Liu, Sipei Assistant Secretary&Division Controller Lyttle,Diane, Assistant-.Secretary&Director of Customer Service Maxwell,Danielle A. Assistant Secretary and Manager of Purchasing Montana,Thomas B. Assistant Secretary Morice,David T. Assistant Secretary Murakami,Barbara M. Assistant Secretary and Director of Forward Planning Myhre, Jon Assistant Secretary Perison Stephan P. Assistant Secretary Perez,Edward R. Assistant Secretary Last Printed/Updated 9/27/2005,4;35 PM C:\Documents and Settings\gmcurtisV oval Settings % Internet FilesMKI\OffiicerLists-L Weldon,WPH Inc Name Title Solorio, Denice Assistant Secretary&EscrowCoordinator Vuylsteke,Norman Assistant Secretary&Division Controller Wagemann,Michael T. Assistant Secretary&Construction Area Manager Wiser, Gwyn Assistant Secretary&Director of Customer Service Young, Julie R. Assistant Secretary&Closing Coordinator Last Printed/Updated 9/2712005,4:35 PM 00ocuments and Settings\gmcurtis\Local.Settingslftap &r Internet Files\OLK1\Off`icer Lists-L Weldon,WPIC Inc RIUWAU ofMUA_NT 5 Ile undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Western.Pacific Housing,Inc.,a Delaware-corporation(the"Company"),is familiarwith the facts herein certified and is duty authorized to certify the same. 2. The following is atcue,correct and complete copyofresolutions related tothe.subject matter as opted by the 'Consent of Sale Director of the Company dated May 31, 2005 (the "Resolutions!). The Resolutions have not been'amended,rescinded or modified and remain in full force and effect as of the date hereof fir►of Vice ftgi&g of EgrMtl Planning and_A_s&WA SMXIMM RESOLVED,that Robert Selders is hereby elected to the office of Vice President and Assistant Secretary(the"Vice President")in the North Bay Division (the "Division") to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death,resignation or removal. RESOLVED FURTHER,that the slice President is hereby authorized on behalf of(i);the company,(ii)any partnerships of which the Company is'a general partner, manager or agent, and {iii) any limited liability company of which the Companyis,amember,manageror agent(collectively the"Entities")to sign,modify and terminate, from time to time as he deems it to be in the best interest of the Entities,homeowner association documents,CC&Rs subdivision agreements,utility agreements,condominium plans, all agency applications relating to development, construction contracts, purchase orders, affordable housing agreements, security bonds,consultant agreements,final mapsperinits,engineering agreements and other similar or equivalent agreements or documents for the Division relating to the business of the Entities. IN VIITNESS'VMEREOF,the undersigned:'has set his hand on the 61b day of June,2005. Paul W.Buchschacher, Assistant Secretary U.-VrEWALnUW%W)W&cWSAmO&COapd CERT AU QF ASSISTANT S�CRFTA�Y The undersigned hereby certifies as follows.` 1. He is a duly elected, qualified and acting Assistant Secretary of Schuler Homes of California,Inc.,a California corporation(the"Company"),is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subj ect matter as adapted by the Consent of Sale Director of the Company dated February 14, 2005 (the "Resolution") The•R.esolution has not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and Dives` 'on President RESOLVED, that Richard P. Ambrosini is hereby elected-to the office of Vice President of the Company and Division President(the"Division President')of the Company's North Bay/:Sacramento Division(tree"Division"),to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death,resignation or removal.' RESOLVED FURTHER,that the Division President is hereby authorized and empowered,in the Division and in the name and on behalf of(A)the Company; (B)any partnership!of which the Company is a general partner,manager or agent,and (C) any limited liability company of which the Company is a member,manager or agent(collectively,the"Entities'), (i) subject to written approval by any one of the following; officers of the'Company: (a) Chairman of the Board, (b) President, (c)' Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver' contracts,agreements and other:documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including 'without limitation any right-of-way, easement,leasehold or other tangible or intangible property,right or interest,and any personal property relating or incident thereto,(ii) subject to written approval by any one of the Approving Officers,to execute and deliver contracts,agreements, deeds, conveyances or other obligations of the Entities, closing statements and other` documents and instruments for the sale of improved or unimproved real'property,or any interest or right therein,owned.,leased or otherwise controlled by the Entities and (iii)to execute and deliver office and model home leases and such other agreements,' instruments or documents as the Approving Officers shall direct. RESOLVEDFURTHER, that in connection with the management of the Entities'business,the Division President is hereby authorized and empowered,in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for'the subdivision, development and/or improvement of real property, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements,documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER., that in connection with the management of the Entities'' business in the Division, the Division President shall be authorized and empowered,in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes, IN WITNESS WHEREOF,the undersigned has set his hand on the 2 Ph day ofApril,2005. /a4� C' Paul W. Buchschacher, Assistant Secretary U tJTEWALINMinkshlrHomesCAlOSApr21-COA5.wpsl OFFICE OF COUNTY AUDITOR-CONTROLLER k MARTINET,CALIFORNIA •,d � ;i ORGANIZATION NUMBER {Urgaicezation} (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. f s } ) -w f•''�f r i f} • - c f f f f f i C" f i I i 1 f f f f i EXPLANATION: TOTAL $ f DEPOSIT f Deposit consists-of the'following items COIN and CURRENCY`"—,.- CHECKS,M.C.,ETC. BANK DEPOSITS $. ms`µ FOR AuorrOR..CONTROLLER USE ONLY DEPOSIT �• 7 , ,..� -, PERMIT NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. J : acknowledged 4 Signetr r j r Date1111" 'j Titlei ,(r°` t`i xl# P` EXT , Deputy County Auditor Deputy County Treasurer -aa REY 17-93i 0649-9665 / 112300: 01189274, $8,343.57, MS O4-00012, Plan Check, Oscar Alejandra Salazar, 1697 St. Germain Place, Concord, CA 94521 0649-9665 / "112300: G1189283, $500.00, MS O4-0019, COA Compliance Check, Karen 4 Ray Shaffer, PO Box 232, Knightsen, CA 94548' 0649-9665 / 112300: 61189284, $10,940.00, RA05-1204, Landscaping Improvement Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 Boom 03-8710, Landscape Inspection, Western Pacific Housing, 301 Commerce Street, Scute 500, Fort Worth, TX 76102 0643-9665 / 112300: 61189287, $57,268.00, PA 05--0030, Landscape Inspection, Western Pacific Housing 301 Commerce Street, Suite 500, Fort Worth, TX 76102 0649-9665 / 112300: 61189288, ` DP 04-3015, Jasraj Singh, 2706 E. Trefallas!Rd., Antioch, CA 94509 $5030.00, Plan Check Deposit, $5,458.50, Inspection 819800-0800: 6118269, $4,521.00, 51)03-8710, Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 819800-0800: G118270, $7,096.00, PA 05-0030, Performance Cash Bond, Western 'Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX, 76102 819800-0800: 6118271, $1,305.00, RA 05-1204, , Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 SnbdiviSjow. Ravenswood Subdivision#8710 Bond No.: SU5016366 Premium: $4,476.00 IMPROVEMENT SECURITY BOND FOR PuBLic RIGHT oF WAY LANDscAPE,AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462.and 66463) 1. REarokuoF SuamvisioN A The Principal has executed an agreement with the County to ksta11 and pay for public right of way landscaping, and other related improvements in Subdivision, 81111 Rau p-nswood :as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time,specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map f6r said Subdivision. 2. L)BLIGATION:: Western Pacific Housinn,Inc. as Princ-iDal and Arch 113surano Qgmpany a corporation organized existing under the laws of the State of MID and autho=,ed to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: Four Hundred Forty Seven Thousand Five Hundred Seventy Nine Dollars and 00/100 A. Performance and Guarantee: Dollars($ 447,579.00 for itself or any city assignee under the above County Subdivision Agreemnt,plus B. Payment: Two Hundred Twenty Six Thousand Fifty Dollars and 00/100 Dollars($ 226,050.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. COZMMQN: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal, his or its heirs, executors, adnfmistrators, successors or assigns, shall in all things 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 meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in'full force and effect. ....................................................... ................... .......... ................ ............ ................. .............. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, -ed by County(or city assignee) in successfully enforcing such obligation, all to be taxed as incurr costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held fim3ly bound unto the County of Contra Costa and all contractors, subcontractors laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety wi1l pay the same in on mount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney'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, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or,their assigns in any suit brought upon this bond. Should the condition of this bond be My 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 agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any,Surety from liability on this bond; and consent is hereby given to make such alteration without ftulher notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on September 28,2005 PRINCI]PAL:Western Pacific Housing, Inc. SURETY: Arch Insurance Company Address: 1210 Central Boulevard Address: 135 N Los Robles#825 91 City: Brentwood Zip: 94513 City:Paqadel4k N(Zip- Li101 By: By: . nise Taylor Print Name: J6'A!!vZ Print Name -in-Fact Attorney Title: Title: CIO WILLIS OF FLORIDA 3000 BAYPORT DRIVE,#300 TAMPA,FL 33607 INQUIRIES:(813)281-2095 \\PWS1%SgAR!ATA\GqDgaWVCTM=\BNWCRD\BN ............ ........... ................. ..... ...... MW M::p........... . . . .. ......... ..... T'OPT."--M. b CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of r County of �. 0Q.r'' On �` — --- _s before me, r'„tlL ,r'r e-e-e-- , Name and Titie of Officer(e.g.,"Jane Doe,Notary Publlc' personally;appeared Narne(s)�W;ftnegz) rersonaily known to me -OR- proved to a on the basis of satisfactory evidence to he the person(;; whose narne(s) isl re subscribed to the within instrument and ac , owled ed to me that:. s the executed the ame in isl r/thele authorize! `cap ies), and that by is/ erltheir USA L.RNCH lir signature(s) on the Instrument`. the person(s), or.the entity upon COMM l 14 behalf of which the person(s) acted, executed the istrument. NOTARY PUCAMM ' COUNTY WITN E S rn and and official seal. AM 9*q c �-zw- 'Sign�tur�of tary Public lerrentv2 PTIONAL-- - F''t,hough,the Infer madon below is not ra-quirad bylaw,if mluable fo persons relying on the document and cculd prevent fraudut=nf rnnoval and reaf this form to another document Des'cripti'on 6f Affached Document Title or Type of Document: .►. ,r Document Gate: urr�cer of Pages. Signer(s)Other Then Flamed Above: Capacity(les) Claimed by Signer(s), Signer's Dame: Signer's Flame: Individual ® Individual E] Corporate Officer [3 Corporate Ofricar Fj Ttles(s) 17-1 Title(s): 171 Partner- Q Limited FD General El Partner-0 Limited [ General Q A t mey-in-Fact M Attorney-in-Fact Trustee kv 111 1111111:1, ' © Trustee Guardian or Conservator MIALM522 [Q Guardian or Conservator E3 Other: Top of-Thumb hem Q Other: Top ofThumb here Signer Is Representing: Signer Is Representing: STATE OF Florida SS. COUNTY OF Hillsborough On September 28, 2€ 05 before me, Margaret A, Ginem PERSONALLY APPEALED Denise Taylor personally known to me (or proved to me on the basis of satisfactory evidence)to he the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me' thathe/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` RG OFFICIAL 11 P ( tY P r��ao�a���,.ot�tEf� the person(s) acted;executed the instrument. Nota Pubic Mate of �fc�rida Comm. DU 175563 Comm.Exp,Jan.8°2047 WITNESS my hand and official seal. t Signature This area for Oficial Notarial Seal Marga t A. Gnem 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 OF TYPE OF DOCUMENT F1 Its) ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES I❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER i5 REPRESENTING: NAME of PERSOW54 OR EMITY1JES) Arch Insurance Compar►v SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT` In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 26th day of October ,2C 04 Arch Insurance Company Attested and Certified 42MO T9 Ion 11t�ouil Joseph S. L4WI,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS' I Melissa B.Gilligan,a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. labetl personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seat and delivered the said Instrument as the free and voluntary act of said corporationand as their own free and voluntary`acts for the uses andpurposes therein set forth. OFFICI SEAL AL P*k Melissa . ii gan,Notary Public My commission expires 2-28-06 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October.g%X004 on behalf of the persons)as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and 1 do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Mower of Attorney the duly elected Vice President of the Arch'Insurance Company.;, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 28th day of September 20 05 Joseph`$ eN,Corporate Secretary This'Power,of Attorney lim is the acts of those'named'therein to the bonds end Undertakings specifically named therein and:LtheyLLhave noL authority to btndLLthe Company except in the manner and to the extent herein stated. once $94 ifn ir�li0t1� Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. .............. ................................. ........................ ............ .................................................................... .................. ..................................................... ............ ...................... .................. POWER OF ATTORNEY Know All Man By These Presents: That the Arch Insurance Company,a corporation organized.and existing under the laws of the State of Missouri,having Its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Anett Cardinale, David H.Carr,James W. Dunn, Denise Taylor, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavernierof Tampa, FL(EACH) Its true and lawful Attorney(s)4n-Fact,to make, execute, seal, and deliver from the date of Issuance of this power for and on Its behalf as surety,and as Its act and dead: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. i The execution of such bonds and undertakings in pursuance of these presents shall be asbinding upon the said Company as fully and amply to all intents and purposes,as If the same tied-bbili dbiX 4 xi6u a t d and acknowledged by its regularly elected officers at its principal office In Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seat of the,Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. ARCH Insurance Company ARCH Surety' NOTICE'— DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorists Risk Insurance Act of 2002) we are providing this disclosure notice for hands on which Arch Insurance Company Is the surety. DISCLOSURE OF PREMIUM The Portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Collars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism lasses exceeding the applicable insurer deductible.