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18-0703_PACIFIC POINT DEVELOPMENT PARNTERS, LLC_Bond Release SU113948132400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org July 5, 2018 Arch Insurance Company 865 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Re: Release of Bonds — Pacific Point Development Partners LLC Dear Sir or Madam: This letter is to inform you that the following bonds Partners, LLC — E15-036 Construction of Interstate Interchange Improvements are officially released as of BOND NO. PURPOSE SU 1139481 Public Improvements MEMBERS OF THE CITY COUNCIL SERGIO FARIAS KERRY K. FERGUSON BRIAN L. MARYOTT PAM PATTERSON, ESQ. DEREK REEVE issued to Pacific Point Development 5 and Valle Road/La Novia Avenue July 5, 2018: BOND AMOUNT $ 2,187,800.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the Arch Insurance Company from any and all liability under the abovementioned bond number. Enclosed please find the released bond. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, �r Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Steve May, Public Works and Utilities Director Joe Parco, City Engineer George Alvarez, City Engineer Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper RELE , S D 10 Date: Signature: City Clerk Bond No. 5U 1139481 City of San JuakCvfstrano, SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, California ("City") and Pacific Point Development Partners LLC, a Delaware limited liability company ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for E15-0136 Construction of Interstate 5 and Valle Road/La Novia Avenue Interchange Improvements ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Amendment #2 and Reinstatement To The Improvement and Reimbursement Agreement dated April 21, 2015, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Two Million, One Hundred Eighty Seven Thousand, Eight Hundred and 001100 DOLLARS ($2,187,800', said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 61 14'),02. 10011246,32 175 I Attachment 3 Page 17 of 30 thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements, IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14th day of June, 2016, (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Pacific Point Development Partners LLC, a Delaware limited liability company Principal By: Taylor Morrison Pacific Point Holdings, LLC, a Delaware limited liability company., its Managing Member B�— -- - -- Y Title ")L% CIL— c AA- 41�kl Insurance Company Surety BY��11 Attornefin-Fact — Margaret A. Ginem Title Attorney -in -Fact The rate of premium on this bond is $7.00 per thousand. The total amount of premium charges is15 315,00. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 6114-1_02;00\24632.17> 1 Arch Insurance Grow Attn: Surety Division 3 Parkway-, Ste. 1500 Philadel hia PA 19102 Arch Insurance Group, Inc. _ 865 S. Figueroa St. Ste. 2700 Los Anqeles CA 90017 213 283.3500 ch) Willis Towers Walson 4211 4V_ Hoy Scout 81vd., Ste, 1000 lampa. FL 3:360-1 Inquiries; (8 13) 281-2095 Attachment 3 Page 18 of 30 Notary Acknowledgment A no public or other officer completing this certtftc:ate verifies only the identity of the individual who signed the document to winch this certiftcate is attached, anid not the truthfulness, accuracy, or validity of that document. STATE OF GA4 j R-NfA-R1 11'Irlw COUNTY OF -A 10 ji(ic.rri � On r -- M20•�[�, , before me,�;.14,f� Notary Public, personally �j appeared 7 ____ proved to me on the basis of satisfactory .�t--1�-l�.� , - who evidence to be the person() whose name(s)• islare subscribed to the within instrument and acknowledged to me that he/sheAey executed the same in his/bail-t-heir authorized capacity(es), and that by his/her -A -heir signature( on the instrument the person(), or the entity upon behalf of which the persorl(�) acted, executed the instrument. pp t} ' I certify under PENALTY OF PERJURY under the laws of the State of G �i firm1ta that the foregoing paragraph is true and correct iTNESS my hand and official seal. 'f 7 Not Fp61i;;�,cizona ,lture all, - ' a 1114'(1- L- Aly *My Comm, Expires May6, 2018 O TIONAL 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title or Type of Document Partner(s) Cl Limited _ I-1 General Nurrtlaai of Pages Attorney -In -Fact Trustees) _ —.--- ❑ Guardian/Conservator Dale of Document [., Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Principal. 6 1 14 i_0M 00\24632175 1 Attachment 3 Page 19 of 30 Notary Acknowledgment A notary public. or other officer completing this certiftaate verifies only the identity of the individual who siggned fhe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ STATE OF CALIFORNIA PLEASE SEE ATTACHED ACKNOWLEDGEMENT BY SURETY COUNTY OF On 20_, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidcnre 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 hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public WITNESS my hand and official seal. OPTIONAL I hough the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT L] Individual Corporate Officer Tltle(s) Y Title or Type of Document Partner(s) I Limited General (I Attorney -In -Fact (_j Trustee(s) ❑ Guardian/Conservator IJ Other: Signer is representing'. Name Of Person(s) Or Entity(ies) Number of Pages Date of Document Signer(s) Other Than Named Above NOTE; This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 61147,02)00\246321')5 I Attachment 3 Page 20 of 30 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil ;ode and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration. A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California Count), of Ori _ _ _ before me, insert name and title of officer), personally appeared who 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/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature. _ _._ — _ (Seal) Attachment 3 Page 21 of 30 ACKN�'OWLEDGE[M,ENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I S& On this 14th day of June, 2016 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature �'�' z ;_..v]✓d r, ��:ti,..� -�, Wrianella Barnola MARIANELLA BARNOLA ='S.�Commission # FF 947761 xs•` Expires May 5, 2020 ".d It" TM( FA Wu8004B 7019 This area_for Official Notarial Seal Attachment 3 Page 22 of 30 AIC 0000185107 THIS POWER OF ATTORNEY IS. -NOT VALID UNLESS IT 1S PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to (he extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees, POWER OF ATTORNEY Know All Persons By These Presents. That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office: in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Anett Cardinale., Brandy Baich, David H. Carr, Eileen C,, -.Heard and Margaret -A Gknem of Tampa, FL (EACH) its true and lawful Attorney(s)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, undertakings, recognizances and other surety obligations, in the penal sura not exceeding Nirzs�lyti, Ilieln Dollars ('$')O'Q}O�UOf3.001. 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 execution of such bonds, undertakings, recognizances and other surety obl%gaiions in pursuance of these presenls shall be as binding upon the said Company as fully and amply to all Intents and purposes, as if the same had been dully executed :and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, Now Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as boing to full force and effect "VO'f ED, That the Chairman of the Board, the, President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, 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 subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations 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 September 15, 2011: VOTED, That the signature of the Chairman of the Board, -the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, 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 fad affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue 10 be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A, Attachment 3 Page 23 of 30 RELEAS D I Date: Signature: City Clerk Bond No. SU1139481 City of San Juan trano, C SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS; THAT WHEREAS, the City of San Juan Capistrano, California ("City") and Pacific Point Development Partners LLC, a Delaware limited liability company ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for E15-0136 Construction of Interstate 5 and Valle Road/La Novia Avenue Interchange Improvements ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Amendment #2 and Reinstatement To The Improvement and Reimbursement Agreement dated April 21, 2015, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section g001)) of Part 6 of Division 4 of the California Civil Code in the sum of Two Million, One Hundred Eighty Seven Thousand, Eight Hundred and 00/100 DOLLARS ($2,187,800), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As 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 City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 3 (commencing with Section 9000) of Part 6 of Division 4 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. 61147,02100\24612175 1 Attachment 3 Page 24 of 30 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14th day of June, 2016. (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Pacific Point Development Partners LLC, a Delaware limited liability company Principal By: Taylor Morrison Pacific Point Holdings, LLC, a Delaware limited liability company, its Managing Member By } r Title Arch Insurance Company _ S u rety By W - Attorney n -Fact —Margaret A. Ginem Title Attorney -in -Fact The rate of premium on this bond is NIA per thousand. The total amount of premium charges is $ Prerhium included with the Performance Bond. (The above must be filled in by corporate attorney.) THIS 1S A_ REQUIRED_ FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) Arch Insurance Group Attn: Surety Division 3 Parkway, Ste. 1500, Philadelphia, PA_ 19102 Arch Insurance Group, Inc. 865 S. Figueroa St., Ste. 2700 Los Angeles, CA 90017 _ (Telephone number of'Surety J213) 281-3500 and Agent or Representative for service of process in California) 61 147.021 00\24632175,1 c/o Willis Towers Watson 4211 W. Boy Scout Blvd., Ste, 1000 Tampa, FL 33607 Inquiries: (813) 281-2095 Attachment 3 Page 25 of 30 service of process in California}Notary Acknowledgment A notary pkiblic or outer officer completing this certificate veiiflr:s only t1►e Identity of the individual who signed the dOCLIT110111 to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE= OF loA- COUNTY OF On Lit 20 � I. r; before me, 1[ 1 j,,j,j f,1 °� , Notary Public, personally appeared�j, �� ._�. 'who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) is/af-e subscribed to the within instrument and acknowledged to me that he/a#le"ey- executed the same in his/iaecAheir authorized capacity(ies), and that by his/hey/#Meir• signature(s) on the instrument the person(-,), or the entity upon behalf of which the person(&) acted, executed the instrument. ««yy �l_ . I certify under PENALTY OF PERJURY under the laws of the State of i#ortzia that the foregoing paragraph is true and correct. NADIA 0. EDWARDS Notary Public . Arizona t, itureofI0m4bpW4UiAlty • My Comm. Expires May6, 2016 ITNESS my hand and official seat. i� O TIONAL Though the irrrormafion below is no1 required by law, if may prove valuable to persons relying on the document and could prevent fraudulent iernoval and reattachment of this form to another document - CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT L Individual Corporate Officer title{s) Title or Type of Document Partner(s) ,; Lirnited i . General N'u'mber of Pages Attorney -In -Fact i Trustee(s) - L Guardian/Conservator Date of Document ❑ Other; Signer is representing; Name Of Person(s) Or Entity(ies) - Signer(s) Other Than Named AboVe NOTE: This acknowledgment is to be completed for Principal, b11!17.021OW4632175 I ' Attachment 3 Page 26 of 30 Notary Acknowledgment A notary public or other officer completing this certificate verifies ❑n1y the Identity of the individual who signed the document to which this certificate is. attached, and not the truthfulness, accu+acy, or veIidlty of that document. STATE OF CALIFORNIA COUNTY OF On appeared PLEASE SEE ATTACHED ACKNOWLEDGEMENT BY SURETY 20—, before me, _- , Notary Public, personally , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signolure of Notary Public OPTIONAL Though the inforrrtr+lion below is not required by it may prove valU40le to persons relying on the document and rould prevent frauduleol removal and reattachment of fltfs form to another document CAPACITYCLAIMED BY SIGNER C Individual Corporate Officer iitle(s) Partner(s) r! Limited General Attorney -In -Fact Trustee(s) I. Guardian/Conservator l l Other- Signer is representing: Name of Person(s) or Entily(ies) DESCRIPTION OF ATTACHED DOCUMENT Ti11t, or Type of i ocurnenl Number of Pages Date of Documonl Signer(s) Other l han Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power-ot Attorney to local representatives of the bonding company must also be attached 61 14 ,.02100'\24 (,.3211)- I Attachment 3 Page 27 of 30 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes ofillustration. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cell ificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of __– On _ before me, insert name and title of ouzel'), personally appeared _ _R who proved to me on the Basi% of satisfactory evidence to be the person(s) whose narne(s) Ware subscribed to the within instrument and acknowledged to me that helshchhey executod the same in hia.'1terAlteir authorized capacity(ies), and.that by hlslherlthelr signatures) on the instrument the persons), or the entity upon behall'of which the persan(s) acted, execllt.ed the instrument. I certify under PENALTY OF PEKJURY under the laws of the State of California that the foregoiizg paragraph is true and correct WITNESS my hand and official seal. Signature _-- ---- _ --- ---_-,--- . — _ (Seal) Attachment 3 Page 28 of 30 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS On this 14th day of June, 2016 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that helshe executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Z.] Signature - ma ianella Barnola ' I MARIANELLA BARNOLA hr' Commission # FF 947761 a•,:� : Expires May 5, 2020 y �;j;: `� P•ndad Tlw TvyFJn lniw� BONW-T019 This area for Official Notarial Seal Attachment 3 Page 29 of 30 AIC 0000185108 THIS POWER OF ATTORNEY 1S NOT VALID UNLESS IT !S PRINTED ON BLUE BACKGROUND, This Power of Attorney limits the acts of those -named herein, and they have no authority to bind the Company except in.the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents - That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Cornpany") does hereby appoint, Anetl Cardinale, Brandy Batch, David H. Carr, Eileen C, Heard and Margaret A. Ginem of Tampa, FL (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the dale of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in lhho pemal sum not exceeding M1net My dliort Dollars (UP.000,000.Q(11). This authority does riot 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 execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as 'fully anis amply a6 all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September -1.5, 2011, 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, Thal the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, 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 subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surely obligations obligatory in the nature therecif, 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 September 15; 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the .Surety Business Division, or their appointees designated in writingand- filed- with the Semelary, and the signature of the Secretary,.the seal of the Company, and certifications by the Secretary, may be allixed1by facsirrille on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011. 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. Attachment 3 Page 30 of 30