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HomeMy WebLinkAboutMINUTES - 05232006 - C.5 TO: BOARD OF SUPERVISORS •Contra?— FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: May 23, 2006 �o.r =_ :�`���� STAC6-M county SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00048(cross-reference Subdivision 05- 08957), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ J®f for DA 04-00048 (cross-reference Subdivision 05-08957); approving the Drainage Improvement Agreement for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): a+.. This Drainage Improvement Agreement has been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be approved and the improvements will not be complete. Continued on Attachment:_,�-' SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE "OPROVE OTHER SIGNATURE(S)- ACTION IGNATURES :ACTION OF Btp ON =7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT 0 Ci I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT:- ABSTAIN: minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Contact:T.Ric(313-2363) TR:kg Z:\GrpData\EngSvc\130\2006\05-23\DA 04-00048 BO-20.doc ATTESTED://4V zg o�e cc: Pubic Works- A.Bell,Construction T—March 23,2008 JOHN CULLEN,`elerk of the Board of Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 Supervisors and County Administrator San Ramon,CA 94583 ATTN: Brian Olin Arch Insurance Company 136 N.Los Robles Ave.,#825 Pasadena,CA 91101 By , Deputy ATTN: Rosie 1` THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None i ABSTAIN: None —— -- RESOLUTION NO. 2006/,,3D 0 SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00048(cross-reference Subdivision 05-08957),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 05-08957, drainage acceptance file DA 04-00048,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 required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of Drainage 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 Board of Supervisors on the date Originator:Public Works(ES) shown. Contact:T.Rie(313-2363) TR:kg oCN Qom, .�� Z:\GrpData\EngSvc\130\2006\05-23\DA 04-00048 BO-20.doc ATTESTED: moi// i p(/�'�/ cc: Pubic Works- A.Bell,Construction JOHN CULLEN y rk of the Board of Supervisors and Count T—March 23;2008 ' p `' Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin Arch Insurance Company 136 N.Los Robles Ave.,#825 By ,Deputy Pasadena,CA 91101 ATTN: Rosie RESOLUTION NO.2006/3�� SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00048 (cross- reference Subdivision 05-08957),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: May 23, 2006 PAGE: 2 I. Cash Bond Performance Amount: $5,800.00 Auditor's Deposit Permit No. DP451038 Date: September 12, 2005 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU 5015804 July 13, 2005 Performance Amount: $569,200.00 Labor&Materials Amount: $287,500.00 Principal: Windemere 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. RESOLUTION NO. 2006/308 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 04-00048 (cross-ref SUB 8957) Effective Date: Developer: Windemere BLC Land Company,LLC Completion Period: 2 year iW[NDEMERE 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 CONTRA COSTA COUNTY DEVELOPER;Managing Member Maurice M.Shiu,Public Works Director !By:Lennar Homes of California,Inc., Managing Membe B C� V J ��J\/v� -7 Y (signature} �� OS RECOMMENDED F AP OVAL (print name&title)P til J. enaker,Asst. ecre ary By: (signature) �77w`[(J✓ Engineering r ices+ t (print name&ti le o L son,Vice President 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.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County;'and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2 IMPROVEMENTS.Developer agrees to 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 SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 500.00 cash,plus additional security,in the amount of$ 569.200.00 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. X 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 Payinent: Security in the amount of$ 287.500.00 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them 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 inmaterialor 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 anytime 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 COUNTY. Inspection of the work and/or materialsi or approval ofwork and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof corriplies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action fordamages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Develooei shallidefend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective-and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,P.nd 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 causingli'ability 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. 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.subsequeni 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 Count)ssue 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 Countyin 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 abity,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. RL:kw \\PWS4\,.SHARDATA�GrpData\EngSvc\Fomu\AG WORD\AG-17.doc. Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 12, 2005 before me, Karen L. Keenan,Notary Public, personally appeared Don Larson & Paul J. Menaker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Commission# 1378827 Notary Public - CaAfomla Si ature of Not Public Contra Costa County - My Comm.Expires Oct 7,2006 - COUNTY OF CONTRA COSTA DEPOSIT PERMIT _ OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER - (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTt0N RIND/ORG. ASCUB, TASK OPTION ACTIVITY AMOUNT $ _.��')��.' � _._-__.-__--_...�__-_-_-_-__- it:•{r _.,1 / ';'�1 •/ ,,i 'l v L,• �� I 17� l . I /; 1W f :, j l.,!_ . l I.t Lkn4/ ) �_ 1.i t t l�[" '- '' i it JJ j V „I EXPLANATION: / TOTAL $ I ~ DEPOSIT - Deposit consists of the following items COIN and CURRENCY $ CHECKS.M.0.ETC $ 1 ;' ;' / ZLBANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT . DP NUMBER DATE 4 5, 3t f ra ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is app�rov�ed.� Receipt of above t is hereby_. deposit into the County Treasury. /J " acknowled Signed-4 (<` D Date Si Si Title EXT. r' !% `% Deputy County Auditor Deputy aunty Treasurer D-34 REV.(7-93) 0649-9665 / 112300: 61189862, $90,000.00, PA 03-00015, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189815, $102,800.00, RA 04-01175, Cash Bond, Windemere. BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189822, $30,500.00, Sub 05-08925, Cash Bond, _WindemereBLC_Land__Company_ LLC _6121_Bollinger _Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189828, $20,700.00, Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189833, $27,900.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189838, $2,300.0 Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189840, $1,700.00, Sub 05-08925, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189842, $1,800.00, Sub- 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA ,94583 819800-0800: G1189844, $5,800.00, DG 04-00048, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Development: DA 04-00048 (cross-ref SUB 8957) Bond No: SU 5015804 Premium:$5,692.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (Califomta Government Code §§ 66499 - 66499.10) 1. RECITAL OF DRAINAGE IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement with the County, on Contra Costa, Califomia to install and pay for drainage and other improvements DA 04-00048 (cross-ref SUB 89(57) and to complete said work within the time specified for completion in the Drainage Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: _ Windemere BLC Land Company LLC ,asPrincipal,and Arch Insurance Company a corporation organized existing under the laws of the State of Missouri and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Five Hundred Sixty Nine Thousand Two Hundred Dollars and 00/100 ($ 569;200.00 ) for the County of Contra Costa or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Two Hundred Eighty Seven Thousand live Hundred Dollars and 00/100 ($ 287;500.00 )To secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Cundition of this obligation as to Section 2.(A)above is such that if the above bonded Principal or 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 thrreof made as therein provided on it 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)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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as casts and included in any judgement therein 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 firmly 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,labor of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city.assignee,in successfully enforcing such obligation,to be awarded and fixed by the court all 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 Pan 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work.under the conditions 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 Drainage Improvement 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 further notice to or consent by Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself hound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on July 13, 2005 PRINCIPAL: See attached signature block SURETY: Arch Insurance Company Address: 6121 Bollinger Canyon Rd., Ste. 500 Address: 135 N. Los Robles Ave. 4825 City: San Ramon, CA 94583City: Pasadena, CA 91101 By: By: - Print Name: Print Name: Rosa E. Rivas Title: Title: Attorney-ln-Fact Attorney-in-Fact tPwSI%ShARDATAlL pOLa�P g-s�c)t-omu,UN WOILD BN-0.&x fuiE:iiur�:lZi�RQQ WINDEMERE RLC 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,INC.,a California Corporation,its Managing Member Lawrence H.Thompson,Vice President By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 14, 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures 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 PRINTY J - Commission# 1453610 Notary y Public-California Orange County - My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Lawrence H. Thompson — Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015804 Number of Pages: Three (3) Date of Document: July 13, 2005 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State,of California County of Orange On July 13 2005 before me, Rhonda C.Abel, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas 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/arel 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 o ial seal. RHONDA C.ABEL COMM.#1312777 SIGNATURE OF NOTKRY (�+J NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY n os COMM.EXP.AUG.9,2005 j 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 ❑ OTHER;- SIGNER THER:SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men 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 Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault,Ashley Ward,Grace.Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this powerfor 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 bond 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,presents. shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.the same had been:duly executed 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 seal 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 Vice President, the seal of the Company, and certifications by the Vice President, 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. I:n uranl Gup IMPORTANT NOTICE CONCERNING �H� TERRORISM RISK INSURANCE,ACT OF 2002 Tie TerrorisM Risk Insurance Act of-2002 establishes a,mechanism by.which the federal;gavernment will:share, With the," industry, in losses arising out of "acts:of terrorism" certified as such by the Secretary WIN., Treasury: "Cern#led acts of'terrorism". errorism"are defined as events that:cause more;than $5:millton;m.losses and; 1... Are violent ar dangerous to human life, property,.or the infrastructure; 2. Rest It in: daMage within the ;United 'States, on a United` States rnissian, bfAo a United:States aircraft.or vessel,"antl 3. Are committod by individuals; acting ori behalf of #ocei9n persons>±3r inferests as part of ari effort`to coerce the civilian population Of the Unitedtaies,:or to'influence the ;policies or conduct of the United Stales Goverrimertt. . The Act'specif es thatcoverage for`'certified acts of terrorism" must be made available wcommer6al property And casualty policies of insurance; and it requires insurers.to dlsclose.any applicabI preni'ium charges and the federal shareaf eomperisatiort..We are making'these disclosures in strict corrphan'ae�.with the Act: Disclosure of Avaitabilify of Coverage for Terrarisrrt Losses Cdverage for losses resulting from "certified acts dfi terrorism" is., eingmade available to,you an terms; amounts, ar€d limitations:generally applicable to losses resulting from petits other'than acts of terrorism,. bisctosure'of Federal Share sof Compensation for Terrorism Losses. The federal government will pay 6:90% share'of pan insurer's terr6hshi losses once the ihsurery has satisfied'a significant aggregate >annual deductible. For terrorism losses occurring in 2002, :that deductible .is. 1% of the insurer's 2001 direct: earned premium. For, losses occurring in 2003, 2004 acid 2005, the 'annual insurer deductibles.are 7°lb, 10°/o and 15�Jo of the.pror year's direct earned.premium, respectively..The Act provides that, neither insurers nor the federal government,are responsible for:losses:,associated.with certifiedd.acts of'terrorism`' once.a9gregale annual insured losses exceed. 100 b[lEion. Disclo sure of Terrorisib tnsu'ranc6l Prem—-urn Your gohd premi um charge far"certified acts of terror seri"coverage'is$0. SR 00 17(IEd. 11 02) Page.1.of 1. Printed in U.S.A. POWER OF ATTORNEY Know All Men 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 Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,Ashley Ward,Grace Reza and Rosa E. Rivas of Irvine,CA(EACH) its true and lawful Attorneys)-in-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 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 bond 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 .presents. shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.the same had..teen:duly executed 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 seal 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 Vice President, the seal of the Company, and certifications by the Vice President, 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. OOML0013 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 14th day of. June ;2005 Arch Insurance Company Attested and Certified 0 . CORPORATE Q SEAL 1971 Mary Jear} a An ,rson, a President Edward M.Titus;Vice_President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to-be the same persons whose names are .Vice Presidents 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. NOTARIAL SEAL " KATHLEEN MARCINKUS,Notary Public, City of Philadelphia,Phila.County Kathleen Marcinkus, N tary Public My Commission Expires February 25,2006 My commission expires 2-25-06 .CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached.Power of Attorney dated June 14, 2005 on behalf of the person(s)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 I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of executionof the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF; I have hereunto subscribed my name and ixe e c orate s Lef�#e Arch Insurance ' Company on this 13th day of July ;20 05 . 1 Mary Je ne ' derson,Vice President This Power of Attorney limits the acts of those named thereinto the bonds and ndertakings•specifically named therein and they have no authority to bind the Company except in the'manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors &Developers Group 135 N.Robles Ave.,Ste.825 Pasadena, CA 91101 OMTE .. egano"i - - OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.