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HomeMy WebLinkAboutMINUTES - 05082007 - C.3 SE- L TO: BOARD OF SUPERVISORS :— � �' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa anon ,z DATE: May 8, 2007 TCounty SA ----- SUBJECT: Approve Subdivision Agreement(Right-of-Way Landscaping) for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), approving Subdivision Agreement (Right-of-Way Landscaping), 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): The Subdivision Agreement (Right-of-Way Landscaping) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be approved. Continued on Attachment: 4�-' SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE ,/HPPROVE THER SIGNATURES : ACTION OF BOA DON APPROVED AS RECOMMENDED OTHER VOT F SUPER ORSI hereby certify that this is a true and correct UNANIMOUS(ABSENT 49 Til— ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\BO\2007\05-08\BO-16 PA 05-0032.doc ATTESTED: 4 p � ' Originator: Public Works(ES) Contact: T.Rie(313-23163) JOHN CULLEN, Jerk of the Board of cc: Public Works- Construction Current Planning,Community Development Supervisors and County Administrator T—March 8,2009(P 1) Windemere BLC Land Company,LLC; 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By ,Deputy Arch Insurance Company 135 N.Robles Avenue,Suite 825 Pasadena,CA 91101 Attn:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 8, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ OZ7Jy SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Ivy Hill Way and Piccadilly Circle. The following document was presented for Board approval this date for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $13,200.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 481255 ; April 9, 2007 LB:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2007\05-08\BO-16 PA 05-0032.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Ric(313-23163) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T—March 8,2009(PI) ATTESTED: �� ev -goo - Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, &erk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Arch Insurance Company 135 N.Robles Avenue,Suite 825 Pasadena,CA 91101 Attn:Rosa E.Rivas By ,Deputy RESOLUTION NO.2007/ a SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: May 8, 2007 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5621887 March 28, 2007 Performance Amount: $1;304,200.00 Labor&Materials Amount: $658,700.00 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. RESOL UTIONNO. 2007/-25OL SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: PA05-00032 (x-ref SD03-08508) Effective Date: U Subdivider: WINDEMERE BLC LAND COMPANY, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS WINDEMERE,LLC, a Delaware limited liability company,its Managing Member Maurice M. Shiu, Public Works Director By:LENNAR HOMES OF CALIFORNIA,INC., a California corporation, its Managing Member V By: AAAA,% f k I v 'i G!/ —a— RECOMMENDED FOR APPROVAL: Brian G.Olin,Vice-President By: G b Engineering Services 9 ivi ion Erik S.Brown,Asst.Secretary FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is Incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective 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 required by the California Subdivision Map act(Government Code§§66410 and following),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 Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $13.200.00 cash,plus additional security,in the amount of$1.304,200.00 which 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 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 1n the amount of$658,700 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. CALIFORNIA ALL-OURPOSE ACKNOWLEDGMENT State of California County of �f - On !�� ? 2� before me, � lrG Date I Name and Title jbf Officer(e.g.,"We Do Notary Public") personally appeared 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)ie/are subscribed to the CAMOM M A YLOR within instrument and acknowledged to me that Con►mWlan• 1718643 Aeifsbe/they executed the same in44s/9er'/their authorized Notary Pubft-catifomw capacity(ies), and that by_!* er/their signature(s) on the Contra Costo County 1 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL ✓ Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent,fraudulent removal and reattachment of this form to another document. Description of Attached Document ��% ^•-� � -�- 3r/ " P���TUU 3 2 Title or Type of Document: Document Date: 2 ,�7 deu_" ai l Number of Pages: L Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by'Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General I M. ❑ Attorney in Fact ❑Attorney in Fact • El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 - ^ ` COUNTY OFCONTRA COSTA ' DEPOSIT PERMIT ' . OFFICE OFCOUNTY AUDITOR-CONTROLLER ' MARTINEZ, CALIFORNIA TDTHE TREASURER: RECEIVED FROM ' Public Works ORGANIZATION NUMBER 660 FmCash-Coliection Procedures See County Administrator's Bulletin 105,) 819800-0800: G1221193, $15,900.00; PA 05-00026, Landscape Agreement Cash Performance Bond, Windemre BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1221195, $13,200.00, PA 05-00032, Landscape Agreement Cash Performance Bond, 'Winclet-hre BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G122194, $80,000.00, PA 05-00032, Landscape Inspection, Windemre BLC Land Company, LLC, 6121 Bollinger Canyon Rd., -Suite 500, 5an Ramon, CA 94583 0649-9665 / 112300: G122196, $80,000.00, PA 05-00026, Landscape Agreement Inspection, Windemre BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 , Executed in Duplicate Subdivision: PA05-00032 (x-ref-SD03-08508) Bond Net.: SCJ5021887 Premium: $ 13.042.00 IMPROVEMENT SECURITY BOND FOR PCJB,LIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (Calif Government Code sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT:The Principal has executed an agreement with the County to install and pay for;puUlic right'of landscaping, and other related improvements in Subdivision PA05-00032(x-ref SD03-08508) as specified in the Subdivision Agreement (Right-of-Way'Landscapingi and to complete said work within the time specified for completion in the Subdivision Agreement(Right-of-Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: WTNDEMERE 13LC LAND'COM.PANY LLC a's;;Principal, and '-A'rch 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,isuccessors, and assigns To.the County of Contra Costa, California, to pay it: A. Performance and Guarantee: One Milli on'Three Hundred Four Thousand and Two Hundred and 00/100 Dollars ($ 1,304,20.0_.00 , )for itsclf or any city-assignee under the above County Subdivision Agreement (Right-of-Way Landscaping). B. Payment: Six Hundred Fifty Eight Thousand Seven Hundred and 00/100 Dollars (S 658700.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. CONDITION:This obligation is subject to the condition set forth on the reverse side hereof. 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 employers,as therein stipulated,them this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,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 anyjudgement rendered. q 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 other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fumished 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 attorneys fees,incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be 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 Acquisition of Off-Site Right-of-Way Agreement 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 provisions of California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on March 28, 2007 PRINCIPAL: _Windemere BLC Land Company, LLC SURETY; Arch,lnsurance Company ADDRESS: 6121 Bollinger Canyon Road, #500 ADDRESS: 135 N. Los Robles Ave., #825 CITY: San Ramon, CA ZIP: 94583 CITY: Pasadena, CA ZIP: 91101 BY: SEE ATTACHED SIGNATURE BLOCK PRINT NAME: PRINT NAME: Rosa E. Rivas TITLE: TITLE: Attorney in Fact T w Q\CngS-c\FurtnA9N WORMON-12A.&C Rcv Junc P.1999 Bond No. SU5021887 PA 05-00032 (X-ref SD 03-08508) aka Piccadilly Park Subdivision Agreement Right-of-Way Landscaping 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, INC., a California corporation, its Managing Member By: Brian G. Olin,Vice-President Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6�� allg__ On l a �� before me, 2 /Y� 1Q� Date Name and Ttleloil Officer(e.g., a e Doe,Notary Public") personally appeared 0./1 Name(s)of Signer(s) Ypersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) CAME' M.v►nOR� to be the person(s)whose name(s)-is/are subscribed to the • 17158 ss within instrument and acknowledged to me that Comms callfo� +3eHsh /they executed the same in h r/their authorized Noton public' county ca aci (es , and that b �isiher/their signature(s) on the �. contra Costa-Congnt �ptt p tY(� ) Y instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above SigrIature of Notary Pu OPTIONAL /► Though the information below is not required by law,it may prove valuable to persons relying on the document/Ler,4 /1, iT,il and could prevent fraudulent removal and reattachment of Ithif form to another document. .J Description of Attached Document Title or Type of Document: c rOII�-du.- Zu Z j_ �tS�.l Jed 7 Document Date:�k_�\ 2-d ii .� Number of Pages: T Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact .' Top of thumb here Top of thumb here El Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGEMENT State of California County of Orange., On March 28 2007 before me, J. Barragan,Notary Public (here insert name and title of the officer) iI personally appeared Rosa E.Rivas 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 acknowledge 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. J. BARB GAN WITNESS m hand and official seal. Commission 401 1635125 y amy Notary Public-California Orange County Signature Comm.Expires Jan 5,2010 (Seal) 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 IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES),,, SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP 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 been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas Cjty,.,Mjss¢,W_ 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 Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, t~c C:,~Puny has ccuccd this :rstr.me.^.t W Va s°:gned and its corporate seal to be affixed by their authorized officers, this, 9th day of_May 2006 Arch Insurance Company Attested and Certified once0 3 j` CORPORATE V SEAL f 1971 t. Martin J. Nilsen ecretary Edward M. Ti us ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and 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 voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLEO,ESO. Notary Public, State of New York No.02CAw o York C Pe&—r J. Nota ublic A' I � - Qi'aliHed In New York County Commission Expires May 3, 2008 My commiss expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated 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 execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY:^THEREOF, I have hereuntc subscribed ^y name and affi d the corpora Zsl of the Arch Insurance Company on this 28th day of_ March . 20 07 /�� '� z✓ rv, i �----- Martin J. Nils Secretary This Power of Attorney limits the acts of those named therein to the 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. . 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 c�vrana:Q C 0 CORPORATE SEAL 1V71 J`+ OOMLOO13 00 03 03 Vinod Page 2 of 2 Printed in U.S.A.