Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-563 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13,2005 by the following vote; AYES: Mats,Plepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None NIIwI�1M1/�IYIM�IIIMI�YIII�I . SUBJECT: Approving Subdivision Agreement (Eight of Way Landscaping) for Phase 5 Neighborhood Park, PA 05-00022 (cross-reference Subdivision 03-08510), being developed by Windemere BLC Land Company, LLC, San Damon, (Dougherty Valley) area. (District III)' The following document was presented for Board approval this date for PA 05-00022. (cross-reference Subdivision 03-08510),'located in the San Damon(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: $11,400.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date; 448426 July 21, 2005 sa:rm I hereby certify that this is a true and correct copy of an o.\cmpDatg\EngSvc\BO12005\09-13\PA 05-00022 BO-I6.doc originator: Public works(BS) action taken and entered an the minutes of the Board of Contact. Teri Trio(313-2363) Supervisors on the date shown. cc: Public Works T.Bell,Construction Current Planning,Community Development T-July 13,2007(Pt) ATTESTED: G'nn,6Gr' 48,» Windemere BLC Land Company,LLC 6121 Bollinger Cantron Road,Ste 500 JOHN SWEE ,Cleric of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,##925 Pasadena,CA 91101' Attn:Rhonda C.Abel By ,Deputy RESOLUTION NO.2005/ �. SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Phase 5 Neighborhood Park,PA 45-00022 (crass-reference Subdivision 03-08510), being developed by Windemere BLC Land Company, LLC, San Ramon (Daugherty Valley)'are& (District STI) DATE: September 13,2045 'AGE: 2' II Surety Bond Bond Company: Arch Insurance Company Bond Number and.Bate: SU5015796 July 11, 2045 Performance Amount: $1,127,400.04 Labor&Materials Amount: $569,400.00 Principal: Windeere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department: e SUBDIVISION AGREEMENT (Right of Way.Landscaping) (Government Code§66462 and:§66460 Subdivision: PA,05-!Q0022. fcross-refs Q$,aJ -0) Effective Data: Subdivider: Windemere BLC Land Company,LLC Completion Plarlod: 2 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: W'NDEMERE BLC LAND COMPANY,LLC A California limited liability company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER- By: Delaware limited liability company Managing Member Maurice M. Shiu,Public Works Director By:Lennar Homes of California,Inc., "aging Member aging r $y: (SiCtat; ,'t -1 1 os RECOMMENDED FOR APPROVAL: (print name&title)P J. naker,Asst. ecret:a�ry (signature) 1AA BY: rv* . � 7 Engineering Services Div l;, (print name—&titi Don son,�Viice FP��residZent� FORM.APPROVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must canfoan with the designated representative grioups pursuant to Corporations Code§313.) 1 PARIJ ES&DATE. Effective on the above date,the City of County of Contra Costa,Callibmia,hereinafter called"Coup and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to Install cattain road improver nents(both public and private),drainage Improvements, signs, street lights, fire.hydrants, landscaping, and such other improvements (including appurtenant-equipment) as required in the improv6Ment plans for this subdivision as revl6ved and an 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 com Vete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the CallomiaSubdivision 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 ofthe 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 govem. 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.anti Quar at": $ 11.,400.00 cash,plus additional security,in the amount of 1'12�,40000 L_Lwhich together total one hundred percent(100%)oft he esfi ed 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 Agreementand maintenance of thework forone year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: SecUrity in the amount of 5159,400L0 which is fifty percent(50%)of the estimated cost of the work. Such security it presented in the form of. Casft,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 Supervisorsand 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. GI RNWARRANTY ARRANTY aF WORK. Subdivider guarantees that said work shalt be free from defects In material or workmanship and shall perform satisfactorily for a period of one's-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. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road . 5. PLANT is WORK Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant estab isfiment work shalt consist of adequatelywatering giants,reptacirz$cnsuiiabie pian#s,doing weed,rodent and other ppest cor►trrsl and other work determined by the Public Worics Department to be necessary to insure es#atslshment of plants.Said plant astabitshment work shaft be performed for a period of one year from and after the Board of Supervisorsccepts!ffie work as complete. At the discretion of tfie County,bids may be released after float acceptance of tandscapirtg improvements by theC©unty; fi. IMPRCLVWENT 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 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 I CUUM. Inspection of the work andlor 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 whore or any part of said work andlor materials,or payments,..therefor,or any combination or all of these acts,shall not relieve the Subdivider cif his obligation to fulfill this agreement as prescribed,nor shat►the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section: A. The indernnitles benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabiiffies protected against are any liability or claim for damage of any kind allegedly suffered,Incurred orthreatened because of actions defined below,and including personal injury,death,propert 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 causincr liabiity are any act oromission(negligent or non-negligent)In connection with the matters covered by this Agreement'and attributable#o the Subdivider,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 I ndemntee has,prepared,supplied,or approved any plan(s)or specification(s)tri connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any indemnity.' 9. TS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 14. US RVEYS. Subdivider snail 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. BION-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and 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 andlor maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs Incurred by County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in 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. fNOORPORATIQ ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory'incorporated as a city oris annexed to an existing city,the County's rights underthis agreement andlor any deposit,bond,or letter of credit sec urin said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against SubdiviTer,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file-and record the Final Map or Parcel Map for said Subdivision. ::kwaap GAGrpDa1atErg8vvAfomiswG woRDWG-30kdoc Rev.May ib,2b001 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. fomm L KM M Comte#13mw Signature of NgAuy Public MAOry Pubk -ColMomia Conha costa County I3'1rh.: t�Ct 7, vcr+F.iea�i t oketnu OFFICE OF COUNTY AUDITOR-CONTROLLER f{3 Elt MARTINEZ,CAUFORNIA tECCI4.NM PROJt+4 � v ORGANIZATION NUMBER (For Gash Collection Procedures saw County Adminiatrertor's Bulletin i bS.) DESCRIPTION FUND/am SULTASK OPTION ACT ITY AMOUNT $ ft1k'rw.L_L- 1 1, t I I t I I I I M % r LAZI .<y f `J7 {{ t t. JI I IL I .»# / YTOTAL $ ✓�..„a'�.. !' .' t"") f'71 Ll � I I I I_T"Ya ' 1_10�-kand'_ EXPLANATIt�N- ., its of the fo]lowiv him emd CURRENCY $ / SANK DEPOSFTS �•f#�(;' t `. f a y' r^ C / 1 r FOR AUDITOR-CONTR'O110 USE ONLY DEPOSIT PERM#T' OP NUMBEtt DATE 448426 }tui �J. *o ASSCvNSD The amount of -ney descried above is for Treasurers receipt of ab"amount is apprayed. Receipt of above amount is hereby seposit inters the County Tnoseey. adm&wlrsdyed ktv 0 t 1i ' t3-34REi?{3'-93} y County Audibw Deputy CciKmtY Treasurer f � Sc ' b •� OFFICE OF�OUNTY-ALIDITOR-CONTROLIJER MARTINEZ,CALIFORNIA AJRER: ADM ORGANIZATION NlLWM (For Cash Collection.Procedures we County AdmWistralor's Bulletin 105.) DESCRlPTlON FUND/ORG. ASUTASK ACTIVITY TASK OPTION AMOUNT T. VEY Lllz -rte 1,1010 W, V�L I)gl h 71�ja/l 1'110�21 lz i j A,? 6 I I I t I I I I I I I I I f I I f I I I I t 1 1 4 1 1 1 1 f t I I I I I t EXPLANATION: TOTAL DEPOSIT Deposit consists of the falowmg items COIN CHEM,#,C,ETC $ BANK DEPOSITS $ FOR ALM)M)R-CONTROLLER USE ONLY DEPOW PI ERMIT DP PfJPAMK DATE ASSIGNED The amount of money described cbove is for Treasurer's receipt of above amount is approved, fieceipLaLabave arrouro is hereby .deposit into the County Treasury. Bate' EXT Deputy County Auditor h V Deputy County Treasurer 3-3d REV.(7-93) 0649-9665 f 112300: 61162510, $10_0.00, Security Code Deposit for prints, Nolte Beyond Engineering, 201 N. Civic Dr., Ste 255, Walnut Creek, CA 94596 0649.9665 / 112300: G1162257, $19,850.00, Encroachment Permit Deposit, 54O00017-02, Shea Hames CP-AA, 8800 N. Gainey Center Dr., Suite 370, Scottsdale, AZ 85258' 4649-9665 / 112300. G1162259,$8,905-00, MS' 97-00016, Inspection, C.I. Title,Inc., 2925'Country Dry. #101, St.Paul, MN 55117 0649-9665' / 112300. G1162263, $7,332.00, DA04-00035, Drainage Plan Check Fees,, Shapell Homes A Division of Shapell Industries, Inc., 100 'North Milpitas Blvd., Milpitas, CA 950135 0649-9665 / 112300: 61162264, $15.761.00, Sub 05-08943, Plan Check Fees, Shapell Homes A Division of :Shapell Industries, Inc., "100 North Milpitas Blvd., Milpitas, CA 95035 4649-9665 / 112300: 62162268, $96.500.00, Sub '05-8929, Major Sub Improvement Inspection Fee, Windemere BLC band Company, LLC, 6121 Bollinger Canyon'Rd., Suite 500, San Ramon, CA 94583 0649.9665 / 1123010: G2162272, $87,800.00, Sub 05-08928, Major Sub Improvement Inspection Fee, Windemere RLC Land Company,; LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649.9665 f 122300: G1162286, $ fl� .00, #3023, Record of Survey,;Schell & Martin, Inc., 8377 Nit. Diablo Blvd., Lafayette, CA 94549 0649-9665 / 1123O0: G1162288, $ , MS 01-0016, COA Compliance Check, Joan L. Brandt, 4300 Morgan Territory Rd., Clayton, CA 94517 0649-9665 / 112300: G1162289, $79.700.00, Sub 8927, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 9458'3 0649-9665 / 112300: 61162293, $1.990.07, MS 90-00143, Inspection Deposit, Todd Fujinaga, dba Arbol Via Owners, 158 East Jackson Street. San Jose, CA 95112-5107 0649-9665 / 112300. 61162294, $54.700.00, PA 05-0022, Landscape Improvement Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800 / G1162261, $1,200.00, MS 97-00616, Cash Bond, C.I. Title, Inc., 2925 Country Dr. #101, St.Paul, MN 55117 819800-0800 / G1162265, $20,700.00, Sub 8929, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd.,>>Suite 500, San Ramon, CA 94583 819800-0800 / 61162275, $18,700.00, Sub 05-08928,Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800 G1162292, $16.900.0 Sub05-08927,Cash Bond, Winclemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800 / 61162295, $11,400,00, PA 05-0022, Cash Bond, Windemere KC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: PA 05-00022 (rrqss!�=fS.0 Boad No.: SU 5015796 Premium:$11,174.00 hVROVEWt4T SECtMTY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Gover=- ,tnt Code Sections,66462 and 66463) L RmTAL-ov SuBDivistoN AgAE _T-. The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in PA 05-00022 across-ref SUB 851.01 I as specified in the Sub&ksiot Agreement (Right of Way Landscaping), and to complete said work-within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for Aling of the Final Map or Parcel Map for said Subdivision. 2. ORLIGATION' Windemizze BL-C Land CoMRgnL LLC as Principal,and Arch Insurance CAppipany ,a corporation organized existing under the laws of the State of Missouri , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee: One Million OM,H-undyed Immay-—Seyo, Tho-usand Four ffgaSkodand 00/100: Dollars.($ -),127 ,400.00 for itself or any city assignee under the above County Subdivision Agreement,plus R. Payment: FiveZ_qn4—re4 Sixty Nine Thousand-Four:Hundred and 00/100 Dollars 569.40p.00 to secure the claims To which reference is made in Title XV (commencing with Section 3082) of Pan 4 of Division 11T of the Civil Code of the State of California. 3. CONDin 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 ihe said agreement and any alteration thereof made as therein provided, on is or its pan,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless The County of Contra Costa (or city assignee),its officers,agents and employees,as theTein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. ............ As par[of the obligation securedhereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurredby County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 Cade for materials furnished or labor thereon of any kind,or for amounts due rudder the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the arriount herein move set forth, and also in case suit is brought upon this band, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fires, 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 j adgernent 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 entitedto file claims under Tide 15(commencing with Section 3082)of Part 4 ofDivision 3;ofthe Civil Cade,so as to give a right of action to thein or their assigns in any shit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect'. C. No alteration of said subdivision agreement or any plan or specification of said work,agreed to by the Principal and the County shall relieve any Surety from liability on this 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 2815,and holds itselfbound without regard to and independently of any action against Principal whenever taken. SIGN)AND SEALED on July 11, 2005 PRINCIPAL: See Attached Signature Block SURETY.* Arch Insurance Company Address: 6121 Bollinger Canyon.- Rd. Ste.500 Address: 135 N. Las Robles Ave. #825 City: San Ramon, CA Zip: 94583 City: Pasadena CA Zip: 1141` BY: By- Print yPrint Name: Print Name: Rhonda C. Abel Title: Title: Attorney-In-Fact mW \31'W�ILStfRkyi`IASGfpC3.,tLEll�Sveti+omuBN WURY3aBN•t7J1 tlOr 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 6�ber By: r t GregA5 ce n resident' By: � Cindy Thomps "Assistant Secrety CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California , County of Orange On July 12, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and.Cindy Thompson, 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 authorizedcapacity, 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 PRINT, commission# 1463610 Notary PuDilc-CaNtofnta Orange County ' My Comm.Expires Nov 28.207 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: Greg Pomi—Vice President Lennar,Homes of California, Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California Inc. DESGRIPTON'©F ATTACHED DOCUMENT Type of Document: Surety Bond No. SU5015796 Number of Pages: Three (3 Date of Document: July 11, 2005 Signers (other than;those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me, Rosa Estela;Rivas,"Notary Public DATE NAME,TITLE OF OFFICER-E,G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rhonda C.Abel 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 apacity(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. ROSA ESTELA RIVAS p COMM.# '1447661 � WNW PUBLIC CALIFORNIA WITNESS my hand and official seal, ` � r ORANGE COUNTY tiny comm expires Oct.28,200 4— r SIGNATURE OF NOTARY 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-4087/GEEF 2198 01998 NATIONAL NOTARY ASSOCIATION•8236 Rernmet 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.Abet,Jeri Apodaca,Jane Kepner,Nanette Myers,Mike Parizino,James A. Schaller,'Rachelle Rheault,Ashley Ward, Grace Rete and Rosa E. Rivas of Irvine,CA(EACH) its true and lawful Attorney(s)-int=act, 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, seat and deliver bands 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 bands and undertakings in pursuance of the$er,pfesents. shall be as binding upon the said Company as fully and amply to all Intents and,purposes,as if the same had Meet,d,[tji 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, recognizences, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, seated 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 filled with the Secretary, and the signature of the Vice President,the seat 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 hard of Directors on March 3,2003,and any such;power so executed,seated and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00MLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has,caused this Instrument to be signer{and Its corporate seal to be affixed by their authorized officers,this 14th day of June ,2C}05 Arch Insurance Company Attested and Certified COMRATE VAY ,9fl X" Mary Jea rsot;fte 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 freeand voluntary act of said corporation and as their owns free and voluntary acts for the uses and purposes therein set forth NOTARIAL SEAL KATHLEEN MARCINKtAS,Notary Pubtle City d Phlladetphia.Phl e.Cototly Kathleen Marcinkus,N6tary'Public A Comn#ission fxp1res_Febrqary 25,2DO6 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 tate 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 WHEREOF, t have hereunto subscribed my name and ixe a orates` Arch Insurances Company on this 11th day of July ,20.05 Mary Je ne derson,Vice President This Power of Attorney limits the acts of those named therein to the Fonds 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 Groups 135 N. Robles Ave.,Ste.826 Pasadena,CA 91101 enact► Ml�eorrl OOMLOO13 00 03 03 Paget 2 of 2 Printed In U.S.A. A rc 11° unt' oi Grain IMPORTANT OT6CECONCERNING T TERRORISM 11 RISK. URANGE ACT OF 2002 The Terrorism Risk insurance Act of 2x02 establishes a mechanism by which the federal,government will share, With the insurance industry', in losses arising nut cif "arts of terrorism" certified as .such by the Secretary of the Treasury. T,ertified acts of terrorisrrm"are defined as events that cause more than$5 million in losses and; 1. Are violent or dangerous to human life,property, or the infrastructure; 2. Result in damage within the .United States, on a United States mission, or to a United states aircraft or vessel; aril 3. Are committed by inttivitivais, acting on behalf of to reign persons or interests, as part of an effort to coerce the civilian population of the United states or to ;influence the policies or conduct of the United States Government. The Act specifies that coverage far"certified acts of terrorism"must be made available in commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal snare of compensation. We are m6king these disclosures in strict compliance with the Act_ Disclosure of Availability of Coverage for Terrorism Lasses Coverage for losses resulting;from"certified acts of terrorism" is ging made available to you on terms, amounts, and limitations generally,applicable 10 losses resulting from perils ether than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Lasses The federal government will pay a:90% share of an insurer's terrorism lasses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned prernium. for losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7616, 10% and 15% of theprior years direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses;;associated with"certified acts of terrorism" once aggregate annual insured losses exceed $iOO billion. Disclosure of Terrorism lnsuranc+ey Premium Your Bored premium charge for"certified acts of terrorism" coverage is $0. R 80 37(Ed. I1 02) Page.! of 11 Printed in U.S.A.