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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-478 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 26, 2005 by the following vote: AWES: SUPERVISORS GIOIA, PIEPHO, 1)ESAULNIER, GLOVER AND t1 LKEMA NOES: NOME ABSENT: NONE ABSTAIN: NONE pproving Te u 1vlsian greement (Right of way Landscaping) or 01166 (crass-reference Subdivision 03-08509), being developed by Windemere 'BLC Land Company, San Ramon(Dougherty Valley)area. (District The following document was presented for Board approval this date for RA 04-01166 (cross-reference Subdivision 8509), located in the San Ramon(Dougherty Valley) area. ASubdivision 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 one year 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: $1,590.00 Deposit made by: Windemere BL,C Land Company,;LLC Auditor's Deposit Permit No. and Date: 436057 December 14, 2004 LT:rm I hereby certify that this is a true and correct copy of an o.tio t tor: Public (ESt-a6\xa oa-€�I lss lac►-ls,aoc action taken and entered on the minutes of the Board of Originator: Public Works(E5); Contact: Teri Rie{313-2363} Supervisors on the date shown. cc: Public'Works- T.Bell,Construction Current Planning,Community Development T-play 12,2006(P1) ATTESTED: JULY 26, 2005 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 946$3 County Administrator Attu:Brian Olin National Farmer's Union Standard Insurance Company One Financial Plaza,I'0`°Floor Hartford,CT 06103 Amt:Patricia H.Brebaer By �y .. s Deputy RESOLUTION NO.2005/ 478 SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for RA 04- 01166 (cross-reference Subdivision 03-08509), being developed by Windemere BLC Lund Company, San Ramon(Dougherty!,Valley)area. (District III) DATE: July 26,2005 PAGE: 2' H. Surety Bond Bond Company: National;Farmer's Union Standard Insurance Company Bond Number and Date: 4410195 December 3, 2004 Performance Amount: $157,710.00 Labor&:Materials Amount: $79,650.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/47$ (flight of Way Landscaping) (GovernmentCode§66462 and §66463; Subdivision:' RA 1166 (cross-ref BUB 8509) Effective Bata: Subdivider: WintIemere BLC Land Company L.L.C. Completion Period: 1 year wINDEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company, By:LEN-UBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member By:Lennar Homes of California,Inc., Maurice M.Shiu, Public Works Directo Managing Member (signature,) (print name&.title) Don on,`vice President RECOMMENDED FOR APPROVAL: By: i (signature) � �% -' Engineering SeiTi 15IMoff (print name&fitle)Darleen Carpenter Asst.secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE:Allsignaturestobeacknowledged. tf5ubdividerisincorporated, signatures must conform with the designated'representative groups pursuant to Corporations Code;§313.) 1. PARTIES&DATE. Eff0dive`On the above date,the City of County of Contra Costa,California,hereinafter called*County,"and the above.-mentioned Subdivider,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 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above;completion period from date hereof as rehired by the California Subdivision Map act(Government Code'§§66410 and following),th a good workmanlike manner,in accor ince with accepted construction practices and in a manner equal or superior to the ret it emer&ofthe County Ordinance Code and rulings reads thereunder, and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY'. Upon executing this Agreement,the Subdivider shall,pursuant to Government Cade§66499,and the County Ordinance'Code,'provide`as security to the County: A. For Performance and Guarantee: $ 1.590.00 cash,plus additional security,in the amount of � $ 157 710.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the farm 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$ 79,650.00 which is fifty percent(50%)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 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. Upon 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 perforin satisfactorily for a period of one-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. Subdivideragrees to correct,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 astablishmentwork 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 complete. 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 guarantee period,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 CC3lJl - 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 andfor 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'%Hure to comply with any of t terms and conditions hereof. 8, INgEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the fabiiities as defined in this section: A. The indemnifies 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,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 iiabtlity,claim or damage was unforeseeable at any time before the Country reviewed said Improvement plans or accepted the work as complete,and including the defense of any sult(s),actdon(s),or other proceedings)conceming said liabilities and claims. C. The actions causincr liability are any act or omission(negligent or non in connection with the tetters covered by this Agreement and attributable to the Subdivider,c ontractor,subcontr, or,or any officer,agent,or employee of one or more of them; D. on-Conditions:'The promise and agreement in this section are not conditioned or dependent on whether or not any lndernnitee has prepared,supplied,or approved any plans)or specification(s)In connection with this- work or subdivision,or has insurance or other indernnlfrcauon 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. St R fV 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 falls to complete the work within the time specified in this Agreement, and subsequent extensions, or falls 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 iii completing or maintaining the work,Subdivider agrees to pay all attorney'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 conte;the subdivision is 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. lir consideration hereof,'County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kvrlep G.%dpD9WAEngsvC*0rmtilAG WORC AG-30A.dac Rev,May 10,2001 ....___.._......-. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T State of California County of s ss. On before me,689Et,A.. bate Name and 3RIe of Officer(e g.,Jana Doe,Notary Public") personally appeared Lok>�,.A l rlt'. N CPye- +JT_E Name(s)`of Sgneft Y personallyknown to me ❑ proved to me on the basis of satisfactory evidence *;t to be the person(s) whose name(s) tis/are KAREN L.1CIENAN subscribed to the within instrument and COMMISsian#137SO27 acknowledged to me that#mit re/they executed !Wffotdy PtttSN Co fornlathe same in hfsftier/their authorized Contra Costal County _ capacity(ies), and; that by 142901+ar/their MVCom,M.E Oct7,l2( s signature(s)on the instrument the person(s),'or the entity upon behalf of which the person(s) acted,executed the instrument. WITNE S my,handAnd off' ial seal. At Signa ura Notary Public OPTIONAL Though the information below is not required by taw,if may prove valuable to persons mfying an the document and could prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document Title or Type of Document: Document[late: Number of Pages: Signer(s)Other Than Named Above: Capac4(les)Claimed by Signer Signer's Name; ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General= ❑ Attorney-in-Fact' ❑ Trustee ❑ Guardian or Conservator ❑ 'Other: Signer Is Representing: 0 1999 National Notary Association•9350 DeSoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.nationalnotary.org Prod No.5907' Reorder Call Toll-Free 1.80D-876.5827 y 011PC►W PERM OMCE OF COUNTY AUDITOR.CONTROLLER MARTINEZ,CALIFORNIA FO THE 1WASdURER. ZECEWED FROM ORGANIZATION NUMBER r �(�IgpiY>nriiJr,j (Por Cash C#actkm Procedures see C kinty A inkiiatoWs Bdkft 105.) DESCRIPTION PUND/'ORG, SUIT, TASK OPTION ACTIVITY AMOIJNT ACCT $ i ft ut 41 Ulf jtya I...JI .J j 1 '4 1 f I I I I I f I ( r, 1 y / l ✓ 3 J 1 1 I I r EX T[C7N• ,r TOTAL $ I (' ( i i ;` !'-� t DEPOSIT 11=21, v Deposit corksist"sof the Mlovwirrg temps CCSI orwd CURRENCY $ ' r n r, CHECKS,Mm,EX -z BANK DEPOSITS $ t / /: f FOR AUDITOR-CONTROLLER USE C MY 7L ✓Lr! DEPOSIT PERMIT DP NUMBER DATE 609P DEC I _ / ,.; ASSIGNED 2 70 The o"wunt of nwwy descry above is for Treasurer's ipt of above amourit,is:approved. , Receipt of above amount is hereby deposit into the Comity Treasury. ockrrovv(edged. Tillie, - '`k - "�', EXT, - `' ( ` / CA Deputy County Treasurer D-34 REV(7-93) 0649-9665' / 831000: 61140591, "`$5.385.47, Sub 8755, Landscape Improvement Plain Review, KB Home South Bay, Inc., 6700 Koll Center Pkwy Suite 200, Pleasanton, CA 94566 0649-9665 / 831000: G1140592, $20,041.86, Stab 8755, Landscape Improvement Inspection, KB Home South Bay, Inc., 6700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566 0649-9665' / 831000: 61140595, $,2,5006.00, FSO400022, Flood Control, Pian Bros.Cbnstruction Inc., 1475 Saratoga Ave, Suite 250, San Jose, CA 15129 0649y-9665 I 831000: 61140597, $46,520.00, PA 0016, Landscape Improvement Plan Review, 'Windemere BLC Land Company, LLC, 2130Crow Canyon PI #310, San Ramon, CA 94583' 0649-9665 I 831000: G1140600, $13244.00, RA1166, Landscape Improvement Inspection Deposit, Winclemere BLC Land Company, LLC, 2130 Crow Canyon Pl #310, Son Ramon, CA 94583 8198030-01800. G1140596, $5,750.003, PA0016, Performance Cash Bond, Windemere BLC'Land Company, LLC, 2130 Crow Canyon PI #314, San Ramon, CA 94583 ,819-800OSQ 011401599, $1.590.0 ?, R #1 bb Performance Cash Bond, Windemere BLC Land:Company, LLC, 2134 Crow Canyon Pt #310, Sara Ramon, CA 94583 821500-0800: 61159338, $464.81, San Ramon, SCC Reg Fee, City of San Ramon, 2222 Camino Ramon, San Ramon, CA'94583 82 00-080fl: C,1159338, $6,600.65, San Ramon SCC Sub- Reg Fee, City of San Ramon, 2222 Camino Ramon 'San Ramon, CA 94583 Subdivisiou: RA 1146{cross-ref5UB'8509) Boad No.: 441.01.95 Premium: $789:00 Executed in Duplicate: LVeROVENllBNT SECURM BOND POR'P LIC RIGID'OF WAY LANDSCAPE AG,REEMNT (Performance, Guarantee,and Payment) (California Government Cade Sections 66462 and 66463) 1. 1 CM6 taF S y r AGM ENT: The Principal has ezoo ted an agreement with the County to installandpay°f or public landscaping,rightof'w�yandotherrelated mprovennes in Subdivision 1166 (cess-reefs`A 5; as specified in the Subdivision Agreement(.iglu of Way Landscapiva and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way` Landscaping), all its wzordance with State and Iocal lavers and rulings'thereunder iu order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. Pst.t A rtcart. WindqmgreUCI.apd Com arc L L..C. as?dncipai.,, National Farmers Union Standard Insurance Company};acorporation organized existing underthelaws of the State of Colorado and authorized to trarisact surery buss in California, as Surety, hereby jointly and severally bind ourselves, our hefts, executors, admisistrators, successors,and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee:One Hundred E&Seven aou sand Seven hundred,Ten and 001100 Dollars ($ 157,71(_.00 ),for itself or any city assignee under the above County Subdivision Agreement,plus B Payment:: 5e a Nine thousand Si x Htuadred Fift Md 001104 Dollars ($ 72,650-00to secure the claims to which reference is made in Title XV (cornmrencirsg<with Section 3082) of Pant 4 of Division M of the Civil Code of the Ste of California. 3. Cc► - 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 staid to and abide by,acid well and;uuly 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 intecar and meaning,;and shall indemnify and save harmless the County of Contra Costa(or city assign ),its officers,age and employees,as therein stipulated,mien this obligation shall become null and void; otherwise it shall be and remain in full force and ei~fect. As part of the obligation secured hereby and in addition to the fake amount specified therefore,there' shall be included costs and reasonable expenses and fees, including reasonable attorney's feess incurred by County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. a The condition of this obligation as to Section 2.($) above is such that said Principal and the undersiped as corporate surety are held firmly bound unto they County of Contra Costa and all contractors,sobconrramrs,laborers,material men and other persons employed in the performance of the'aforesaid agreement and referred to in the aforesaid Civil Code forauials furnished or labor thereon of any idnd or for amounts due under the Unemployment 1nsw ce Act whit respect to such work or labor, that said surety will pay the same in''aan amount not exceeding the mount herein above:set forth, and also in case suit is brought upon Ws;bond,'will fray,M addition to the fact amount thereot costs and reasonable expenses anti fees, including reasonable attorney's fees, incur by County(or city assignee)in successfully''mforeung such obligation,to be:awaded and fixed by the court,and to be=ad as costs an&to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all , persons,companies and corporations entitled to foe claims tinder Title 15(commencing e:ncing with Section 3 082)of Parc 4 ofDivision 3 oftbe Civil Codes so as to give s right ofactiou to t ray or their assigns in any',suit brought upon this bond. Should the condition of this bond be fully perfbrmed then this obligation shall become nu-11 and void, otherwise it shall be and rennain in full force and effect. C. No alteration of said subdivision agreement oratty plan or specification ofsaid work agreed tobythe Principal and`ihe County shall relieve any Surety from liability on this bond;and consents is hcreby. given to make such alteration without flu cher notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holdstselfbound, without regard to and independently of any action against Principal whenever taken. SIGNED AND SKALPD on December 3, 200 WINDIME BLC LAND COMPANY, LLC,'' a California limited liability company By: LEN-OBS' Windemere, LLC, a Delaware dorporation, its Managing Member' Mnnar Hames of California, Inc. , its ManaeJU& Me er- SUUTY. NATIONAL VARMERS UNION STANDARD Address: 21; R.,ntAr r se Addren: One Financial Plaza, 10th floor City: ,., W @ 4 n AP: 99 SA City: Haemo' CT Zip: 06103 By: 8y: Print Name: 1� :a�cl .I. zwatrs Fritts Narue: Patr &ia H. Brebner Title: _y"- ! k-"-esiden't 'Title: Attorntay-in-Fa+ct S2ti5lIt►RJ�i�TAx'aspLYifAtiEd�S.+ctFo�Asst9N WORDS K-12AADC CALIFORNIA ALL-PURPOSE ACI04OWLEDGEMENT' State of California County of Orange On December B, 2004 before me, Dina Printv, 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 executedthe 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 official seal. »� DINA PRINT e Commission# 1453610 c Notary Public.Catitornia t Orange County My Comm.Expires N'v i' 0 2a,20ra7 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. 4410195 Number of Pages: Two (2) Date of Document: December;,3. 2004 Signers (other than those named above): Patricia H. B'rebner CALIFORNIA ALL-PURPOSE A JOWLEDGMENT 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 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(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. COMM.RHONDA C. ABEL 7312777 SIGL� NATUREOFNOTARY 07ARY PUBUC•CA1JFORNA CIRANGECOUNTY (1 c �',e CCfI�iM.EXP.AUG.9.24t}5-` OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and couldprevent 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)' H LIMITED GENERAL ❑ ATTORNEY-IN-FACT © TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ 'OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTnY(IES) SIGNER(S)'OTHER THAN NAMED ABOVE S-4967/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NATIONAL FA.-,MERS UNION STANDARD INSUkt�LNCE 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 Iudemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and.appoint: Patricia lig.Brebaer 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 behalf fidelity 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 JUJ U]�AXE 00/100 DQLLAM($50.000,000.00)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,whichBy-law is now in full force'and effect: ARTICLE XVIII-EXECUTION 4F POLICIES,BONDS,ETC. Section 2. All bunds,undertakings,contracts,and other instruments,other than as above for and on behalf of the Company which it is authorized by 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 anyone 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 may be 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 be affixed by facsimile to auy 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 grower of attorney or certificate bearing such facsimilesignature 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 withh 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 Indemnity Company]has been affixed thereto in New York City;New York this�6!day of Mm-ch,290A, National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary 1868 F' ................................................................ ............................... ...................-.............................................. . ...............-............. STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26!`day of March,204,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. 0900 E,Onoole $**ONOW York NOWYM10 :W.010114"OM Notary Public OWMA"W" - , i-wheaw 00* my COMMIMIon e4w"June 30,200$ CERTIFICATE 1, 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 XVIIL 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 Deceipber 3, 2004 By 4a—rtha G."merman,Secretary Po 1968 IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Unger 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 e certified act of terrorism as definedby 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 arisinfrom certified sects 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 band form for the terms and condylions regarding your terrorism coverage. Form Number SUR 10001 {Ed.4/04}