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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-317 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,',CALIFORNIA Adopted this Resolution on June 15, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND CLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ .317 SUBJECT: Approve the Drainage Improvement Agreement DA 0033, Windemere Phase IV Mitigation Creeks E & G (cross-reference Subdivision 8509), 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, Drainage Improvement Agreement DA 0033 Windemere Phase IV Mitigation Creeks E&G(cross-reference Subdivision 8509), property located in the San Ramon (.Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land.Company,LLC,principal, whereby said principal agrees to complete all improvements, as requiredin said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of mitigation creek improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Beard of Supervisors on the date shown. Originator:Public Works(BS) Contact: TeriY (313-2353) ATTESTED: JUNE 15, 2004 G:1GrpBata\E�SvcFHO�2(704\05-15-041IIA 0033 80-20.doc LT:rm cc: Pubic woks- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County T April 15,2005 Administrator Windemere BLC Land Carnpany,LLC 3234 Crow Canyon Place,#310 San Ramon,CA 94583 Atm:Brian Olin Arch Insurance Company 135 N,Loa Robles By , Deputy Pasadena,CA 92101 AV— — Attn:Patricia H.Brebner RESOLUTION NO.2004/ 317 SUBJECT: Approve the Drainage Improvement Agreement DA 0033,Windemere Phase IV Mitigation Greeks E &G(cross-reference Subdivision 8509),being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District III) DATE: June 15, 2004 PAGE: 2 1. Cash Bond Performance Amount: $2,720.00 Auditor's Deposit Permit No. DP424912 Date:May 20, 2004 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Arch Insurance Company Bond.Number and.Date: SU5007569 May 11,2004 Performance Amount: $269,280.00 Labor&Materials Amount: $136,000.00 Principal: Windermere BLC Land Company,LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOL.UT10N NO. 2004/317 xE DRAINAGE IPRQY_kMENT AGRE_EM,ENT Subdivision: DA 0033 Gross-Re€°ranee SUB 8509) Effective Date: Developer: Win4m m BLC Land Come LLC, Completion Period: I year WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC A Delaware limited liability company C-ONIRA COSIA GO(J1kTX Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California;Inc., Managing Member By: (signature) 414AJM RECO 1 AMEN O AER OVAL (print name&Title) � Larson,Vice President By: (signature) Engineering Se+,i s DAvision (print name4& iflUe)Darleen Carpent sst.'Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"QgInty,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. tMPROVEMENTS.Developer agreesto install certain off-tract drainage improvements and such other 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SkCURM.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 2.720,00 cash,plus additional security,in the amount of 269.2$°.0.00 together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in,the form of: Cash,certified check,or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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 S 136.Q00.00 ,which is fifty percent(50016)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to thews or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY, Developer 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 development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUN'T'Y. 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 therefore,or any combination or all of these acts,shall not relieve the Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited 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,incurred 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 time 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 proceeding(s)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 Developer,contractor,subcontractor or any officer,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 indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. E. 1. Windcmere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,Iiabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person; provided, however,that BLC shalt not be required to indemnify,protect, defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. RL:kw \\PWS4\SHARDATA\GcpData\EngSvc\FortnslAG WORMAG-17.doc Rev.April 6,2000 _... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of t/� rt 6ksr OST ss. Oni1' before me, 1 . �f '-Yi� iuC Name and Tltie of Officer te.g.,"Jane Dm otary Pubiicl personally appeared 1 � ss(tiSftSCsa`.5 qtr 3t 1 � 1 '.t- t�.1fl � #�ST 1� Name(s)of Signer(s) Y personally known to me ❑ proved to me on the basis of satisfactory evidence _ to be the person(s) whose name(s)-Aare y ON subscribed to the within instrument and KAREN L. #13788 acknowledged to me that the executed Commission# 737882 g y W ;" -� Notary Public - California b the same insflP+er/their authorized Z t Contra Costa County r capacity(ies), and that by hisAeer/their My Comm Expires Oct 7.Ke6 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNIry hand a ffici al. �,,..•' signature of ubtic 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: 0 Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑Limited ©Cenral ❑ Attomey-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: 0 1999 National Notary Association•9350 De Sato Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www,nationalnotary.org Prod,No.5907 Reorder:Calf Toll-Free 1.800-878-8827 _ ........... ;..VL"1Y %Jr'i.t +t1itr+4v.ato DEPOW PERMIT IsT .� OFFICE OF COUNTY'AUDITOR- � /�..�,,� T THE R' MARTINEZ,CAUFORNIa - / 7 O TREASURER: RECEfM FROM ORGANIZATION NUMM (For Cash Collection Procedures see County l�unistraw's"fin 105.) DESCRIPTION FUND/ORG SUIL ACCT TASK ION AcnvrrY A W)UNT E6 S c 1 J _ J- ry f (,rf 't.t{f f t! 1 -'' ,/,r C',fj '; EXPLANATION: TOTAI. $ ' [ P©5fT c 1 f Deposit consists of the following items COIN and CURRENCY $ r CHECKS.M41,EXES f r j.Q 7 4N,BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE GNEC R The amotint of money described above is for Treasurer' t of o is approved. Receipt of above amotmt 1s hereby deposit into the County Treasury. acknotwkdge T rr j EX Deputy County Auditor Deputy County Treasu'er r d-34 REV(7-93) J, COUIV 1 T Lir Lt-X4 t KA 9-tjanAk ... DEP05ii?PERM OFFICE OF COUNTY AUDITOR- MARTMZ,CALIFOR MIA ' TaTHE TREASURER: p RECEIVED FROM ORGANIZATION NUMBER (Por Cash fiction Procedures see County Administrator's Bulletin 105.) DESCRwrnoN RJND/ORG SUB. TASK OPTION ACTIVITY AMOUNT ACCE 56 ! f� 1 I i i i 1 1 1 k f i • i s I i I I 1 ' 1 .k i h i EXPLANATION: TOTAL $ t DEPOSIT Deposit c+om4ft of*so following items COIN and CURRENCY 5 CHECKS,WX ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 4 qI NUMBER SIGNED •, j The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount.is hereby into the County Treasury. oclawwiedged / Ate, T t f" �` �� EXL ✓' . Y Deputy County Auitor Deputy Treasurer D-34 REV.(7-43) f�A 0649-9665 / 8310000: G1138846, $3,500.00, Sub 8776, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Craw Canyon PI #310, San Raman, CA 0649-9665 / 8310000: G1138847, $3.525.03, Sub 8777, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: 61138848, $3,400.00, Sub 8778, Final Map Check Deposit, Windeme,re BLC Land Company LLC, 3130 Crow Canyon PI #310, San Raman, CA 4649-9665 / 8310000: G1138850, $500.00, MS 00-00011, Inspection, Stephan P. Pinto, 1833 Kof man Pky, Alameda, CA 94520 0649-9665+ / 8310000: G1138851,$10.000.00,50 1157,Improvement plan Review, Shapell Industries, 10011. Milpitas Blvd., Milpitas CA 95035 0649-9665 / 8310000: 61138849, $1.690.25, MS 00-00011, Inspection Minor Sub, Stephen P. Pinto, 1833 Kofman Pky, Alameda, CA 94502 819800-0800: 61138630,$2,720.00, DG 0033, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: 61138645, $4.840.00, RA1137, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: 61138647, $2.620.00, DG 0032, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA EXECUTED IN DUPLICATE Development No. PA 0033 (Cross-Ref 5U- 3 $509) Bond: SU 5007569 Premium: $2,020.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance& maintenance, ANQ labor and materials) l. 08LLq&T1QN. 'Windemere B C Land Corn mLL-C. ,as Primipal,AW Arch Insurance Coen an , a corporation organized and existing under the laws of The State of Missouri and organized and existing under the laws of the State of California,as Surety,herebyjointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful I'ertormaace ,!-Maiutteoanre:Two fixed i ousand w undyed Fi h and 0€11100 Dollars{$ ?b9. 80.40 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. I.atbctr&Materials: QDe b#undned"Chi Six T ousa�nd And00/` 00 Dollars ( 1,364010-0 for the benefit of persons protected muter Title 15 et seq. sof the California Civil Code. ' . RECITA►1.4FC0_NT RAC!: The principal contracted with the County to install and pay for drainage and other improvements in 1]&0033(Cross- eri=r�ce 33 8 t , as specified in the Drainage Improvements Agreement,and to complete said work within the tine specified in the DtairA a Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SUB 8509. Windemere Phase iV 3, Cgs ITIQN. If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plans and improvements geed on by the principal and the County,then this obligation as to Sections 1-(A) above shall became null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors,subcontractors, and persons renting equipment or Aunishiang labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section I )above shall become null and void;otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the prevision of California Civil Cade § 2819,and hdlg itself bound without regard to and independently of any action against Principal whenever takers,and agrees that ifCoanry sues on this bona, Surety will pay reasonable attorney fees fixed by court to be tweed as casts and include4 in the judgement. 3. Ct1Fx • 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,administrators, 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 pare 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 attorney'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. S. The condition of this obligation as to Section 2(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Cob-,U and all contractors,subcontractors, laborers,material men and ether 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 will pay the same in an amount 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 fart 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 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 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 band; and consent is hereby given to retake such alteration without fiuther 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 May 11, 2004 PRINCIPAL See Signature Block below SURETY AWE INSURANCE C ANY By See Below. By . Patricia . brebner, Attorney-in-Fact Address 24800 Chrisanta Dr. , Mission* Address 135 N. Los Robles, Pasadena, CA 91101 WINDEMERE BLC.LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its managing member By: LENNAR HOMES OF CALIFORNIA NC. , a California corporation, its managing member Bye David Evans, Vi e President *Viejo, CA 92691 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 12, 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. Witness my hand and offici seal. co►r,n*xbn#i4s&uj Nokury - C ONOMIC Omrq' y CaM-E�!�!qn, OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying 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. SU 5007569 Number of Panes: Two (2) Date of Document: May 11, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE At: .JOWLEDGMENT No.5907 State of California County of Change On May 11, 2003 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia M.Brebner NAME(S)OF SIGNER(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(les), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon tERGH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Comminion#1328674 x Notary Public-Caiifomia �,c Grange County My Comm.Evires Nov 8,2005 WITNESS my hand and official seal. SIGNATURE OF N ARY 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) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES E]. OTHER. SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GF-EF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave..P.O.Box 7184•Canoga Parte,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the taws of the State of Missouri,hawing its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca, Patricia H.Brebner,Alexis H. Bryan,Jane Kepner,Nanette Myers,Leigh McDonough, Mike Parizino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine,CA(EACH) Its true and lawful Attomay{s}-in-Fact, to mate, execute,seat,and deliver from the dame of issuance of this power for and on Its behalf as surety,and as its act and deed: 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 bona within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance *of these prosents shall be as binding upon the said Company as fully and amply to all Intents end purposes,as If the same hid b.666 rf r-exa6'Ut6d 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 shalt have the power and authority to appoint agents and attorneys-ln-tact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizences, 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 Waned, 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 Vloe President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and certifications by the Secretary, may be af#bced 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 Mid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1st day of March ,20 04 Arch insurance Company Attested and Certified � f6tL Vinod Joseph S.L 1, 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. Labelt 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 seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFPICK SEAL. WAJSSSA&!3lil",Ndwy P td fic sworcWA dkut 2005. Melissa Illigan,Notary Public �� 26, My commission expires 2-28-05 CERTIFICATION t, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 1.2004 on behalf of the person(s)as fisted 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 I 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 Power of Attorney the duty elected Vice Presidentof 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 11 th day of May .20_24 , Joseph S I,Corporate Secretary This Power of Attorney limits the acts of those named therein to this bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. ar SOL IM >!lu�rd Horne Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. ARCM Insurance Company ARCH surety NOTICE -- DISCL 06URE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds 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 Dollars($0.00). DISCLOSURE OF FEDERAL. PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible.