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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-712 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 1, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway, RA 04- 01174(cross-reference Subdivision 03-08510),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley)area. (District 111) The following document was presented for Board approval for East Branch Parkway,road acceptance file RA 04-01174 (cross-reference Subdivision 03-08510) property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A'Road ImprovementAgreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete:all improvements,as required in said road improvement agreement,within two years from the date of said agreement.Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road 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 Originator: Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) TR:mn c:\GrpDatublic Works-T.Bell,Construction ctiollea so-ls doc ATTESTED: t-)C17 r e s"' dC/ -Z'Vd\tr cc: Public Works-T.Beit,Constrn�Fion ' Current Planning,3,2c°�n„"'ity>�eve'°p'ent JOHN SWEETEN Clerk of the Board of Supervisors and T—July 13,2007 s p Windernere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 A=Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 By ,Deputy Attn:Rhonda C.Abel RESOLUTION NO.2005/ ,' 4R, SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway,RA 04- 01174(cross-reference Subdivision 03-08510),being developed by Winders ere BLC Land Company, LLC, San Ramon(Dougherty'Valley) area. (District III) DATE: November 1,2005 PAGE: 2 I. Cash Band Performance Amount: $25,800.00 Auditor's Deposit Permit No. DP 448563 Date: July 25,2005 Submitted by: Windemer BLC Land Company,LLC Taxpayer identification number: 94-3291516 H. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5015795 July 11,2005 Performance Amount: $2,552,200.00 Labor&Materials Amount: $1,289,000.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. 0 R AD IMPEMMU41 AGREEMENT Developer: Windermere BLC Land CoMpanv LLQ- Effective Date: Development RA 04-01174(=ss-ref SUB 85 10) Completion Period: 2 year Road* Fast Branch Parkway WINDEMERE BLC LAND COMPANY,LLC A California limited liability company THESE SIGNATURES ATTEST TO THE PAR'TIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC,' A Delaware limited liability company CONTRA COSTA CC7UNTY DEVELOP Managing Member Maurice M.Shiu,Public Works Director By: -ennar Homes of Cal' is,Inc., Man 'ng m r By: ./ �t.J�Y `v (signatu (print name&title)P I J: maker,Asst.SK•etaty RECOMMENDED FOR APPROYAL By. (signature} Engineering ervi s ivision (print name&title} o Larson,Vice President FORM APPROVED Victor J.Westman, unty Counsel (NOTE:All sigoatuses to be acknowledged. I'Subdivider is incorporated signatures must confbn n with the designated tepresentative groups Pursuant to Corporations Code S313.) L PARTIES&1)ATE.Effective can theabove date,the County of Contra Costa,California,hereinafter called" on ,"and the above-mentioned Developer, mutually promise and agree as follows concerning this development 2. IMPROVEMip M Developer 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 theimprovementplans forths development as reviewed and on file with the Contra Costa County Public Works Departrnent and in conformance with the Contra Costa'Coumy Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above complexion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in manner equal or superior to Ole requirements of the County OrdinanceCode and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code;the stricter requirements shall govenr.; 3. IMP1tOVEMEN'T SECS. upon executing this Agreement,the Developer shalt,pursuant to the County Ordinance Code,provide as security to the County: A. FoEPerformatico and Guararrtee: S 25.800.40 cash,plus additional security,in the amount of$ 2`552200.00 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 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 Paylxrent: Security in the amount of$, 1.299.000.00 ,which is fifty patent(50%)of the estimated cost ofthe 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 acceptanceofthe work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with 5944.405 and S94-4.408 of the Ordinance Code 4. GUARANM AND WARRANTY_OF WOIiiG Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period'ofone-year from and atter the Board of Supervisors accepts thework as complete in accordance with Article 96.4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expanse,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitableplants,doing weed,rodent and'otterpest control and otherwork determined by the Public Works Department to be necessary to insure establishmentof plants. Said plant establishment work shall beperformed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. 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. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work 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;norshall 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. &. INDEMNITY: Developer shall hold'harmless and indemnify the indemnitees 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,and 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 otter proceedings)concerning said liabilities and claims. C. The actions causingliability 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 Indemnitee has prepared, supplied,or approved anyplan(s)or specifications)in connection with this work,or has insurance or other indernnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE ORMANCE AND COSTS:If Developer 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 contractor 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. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County prods to complete and/or maintain the work. 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 completes the work. Should County sue to compel performance under this Agreementor to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. it. 1NCORP RATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of t is agreement as though Developer had contracted'with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicablesection(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw \V'WS4\SHARDATA\GrpDatalEaigSvc\Fomis\AG WORDWG-24.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT State of California County of Contra Costa 4n July 8,200'5 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 N N Cion# 1378927 Notory Pub is -Cho S gnature of Na Public %ffGontrp Costa County My Comm.Expk a Oct 7 20060 'Offla OkO iMi#1 AtWOR-CONTROLLER, T6 hlE TREASURER. MARTINEZ,CALIFORNIA y RCC°EWW FROM s ORGANIZATION NUMBER r0ox,01104._14- (For Cash Collection Procedures see County,',Administrator's Bulletin 105.) DESCRIPTIONORGL ACCT TASK OPTION ACTIVITY AMOUNT y x rc . i t s�' P t` i 3 rr` ' 'c. /. .i.'Y �7 vi t` Ile, k t t lr E ..' s. 4 if r ! t ' L i g .da' -# I ha` At F i "? 1 EXPLANATION TOTAL T $ i DEPOSI Deposit consists of the followinC,j tem COIN and CURRENCY S ' CHECKS,M.O,ETC BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP- NUMBER DATE ASSIGteD ! The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Tre e y acknowledged �� ° 5igrt� v- Signed. z TlIle?- ' f` =t to EXC , - DeputYf�County Auditor Deputy County Treasurer 3-3A REV.(7-93) DBOOSIT OFFICE a COUNTY Arm1TOR-CONTROLLER y T IRER> MAIMNEZ,CALIFORNIA TO THE ORGANIZATION'NUMBi (For Cash Collection Procedures see County Administrator's Bulletin 105.)' DESCRIPTION IFUNDJORG. SU& TASK OPTIO ACTIVITY AMOUNT ACCT. ,t '` �k i 'rf r t 1 1 " j ' I, I _I 1 ( I 1. I i 4 1 1 1 1 1 1 1 I' 1 1 iA. I, EXPLANATK7N: TOTAL $ t DEPOSIT Deposit consists of the followingitems COIN and CURRENCY' $ CHECKS,M.O,ETC. $ . �." BANK DEPOSITS $ I OR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMBE tiuR'MIT DP - DATE ASSIGNED ,e The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above'amount is hereby deposit into the County Treasury. acknowledged.' Signed: Signed: --U , t"" <EXT-5. Deputy-County Audlitor Deputy County Treasurer -34 REV(7-43), i. 0649.9665 112300, G1161389, $1,400.00, Drainage Permit 409-05, Cash Deposit, Oskar G. Sundstrom, 5316 Sobrante Ave., EI .Sobrante, CA 94803 0649.9665 f 112300, 01161390, $500.00, FS 3024, Recordof Survey >Deposit, Carlson Barbee A Gibson, Inc., 6111 Bollinger Canyon Rd., #150, San Ramon, CA'94583 819800-0800, 61161371, $11,000.00, RA 05-01198, Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161375 $25=800.00.RA-04-01174, Performance Cash Bond, Windemere BLC Lana' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583' 819800-0800, G1161377, $3.800.00, RA 04-01174, Performance Cash Bond, Windemere BLC Land Company,' LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583' 819800-0800, 61161379 $1.200.00, Sub 05-08927, , Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd;, Suite 500, San Ramon, CA 94583 819800-0800, 61161381, $1.200.00, Sub 05-08928, Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger'Canyon Rd,, Suite 500, San Ramon, CA 94583' 8198010-0800, 61161383, $1,700.00, Sub 05--08929, Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0648-9140 / 112200: 61188818, City of Brentwood, 708 Third St. Brentwood, CA $76,911.60, BW DA 105 S.R. $155.763.40, BW DA 104 S.R. 0649-9665 / 112300, 61161370, $9.600.00, RA 05-01198, Road Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161373,$119.500.00, RA 04-01174, Road Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161376, $20.500.00, RA 04-01174, Landscape Improvement Inspection Fee, Windermere BLC 'Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161378,$9.100.10, Sub 05-08927, Landscape Improvement Inspection Fee, Windemere .BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161380, $$800.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windermere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 0649-9665 / 112300, 61161382,$11,000.00, Sub 05-08929 Landscape Improvement Inspection Fee, Windermere BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161384, $9.778.00, RA 05-01193, Road Improvement Plan Review, Shapell Industries of Northern California, A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035' 0649-9665 / 112300, G1161385, $9.658.00, Sb 78-04990, Inspection Deposit, Mariner Estates, LLC, 222 Rush Landing Rd., Novato; CA 94945 EXECUTED IN DUPLICATE Bopd No.: SU 5015795 Development: RA 04-0 1174(cross-rc-fS11B85101-�_ Premium:$25,522.00 IMPROVEMENT SECURITY BOND poR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. ROCITAL OV ROAD I'MPROVENlUNT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along R,- -047!01174(crowref SLM 8510) to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance With State and local laws and rulings. 2. OBLIGATION: Windernere BL-C L_=-d Co LLC as Principal and Arch Insurance Com ,any __,acorporation organized under the laws of the State of HiamoU11, and authorized to transact surety business to California, as.Surety, hereby jointly and severally bind ourselves,our heirs,'executors,administrators,successors and assigns to the County of Contra Costa,California to pay as follows' A. Performance: Two ion Live Hundred Fifty Two ThousanTwo – red and 00t tJ0 Dollars {$ 2,552,200.90 } for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: t3rr 'pion Two undred ht Dine usan' d 00/100 Dollars ( 1289,000.0,0 ----, }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-, 3N A. The Condition of this obligation as to Section(2.A.)above is such that if above bonded Principal, or principal's 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 it or its past, to'be kept and performed at the time and in the manmer 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 therein stipulated,then this obligation shall become null and void; otherwise it shallbe 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 attorneys fees,incurred by the County of Contra Costa 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 ertiployed 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 said 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 j udgement therein rendered. It is hereby expressly;stxpulated and agreed that this bond shall inure to the bcnefit 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 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 Road Improvement Agreement or anyplan or specification ofsaid work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice;to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken.' 4. SIGNED AND SEALED: The undersigned executed this document on July 11, 2005 PRINCIPAL: See Attached Signature Block SURETY: Arch Insurance Company Address6121 Bollinger. Canyon Rd. ,Ste.500 Address: 135 N. Los Robles Ave. #825 City: San Ramon, CA 94583 City: Pasadena C 91101 By: By: Print Name: Print Name: Rhonda C. Abel Title: Title: Attorney-in-Fact mai G_?Gr�iEM ---CTG ti W WOKOW14.0 anc WINDEMERE'BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,.a Delaware limited liability company,its Managing Member By:IENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: Greg 066,Vice President By:_ Cindy Thompso ,Assistant Secretyr I I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina Printy, 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 authorized'capacity, and that by their signatures on the instrument the person or the entityupon behalf of which the person acted, executed the:instrument. Witness my hand and official seal. ._ � ,�►.�,DIN A PRINTy Commission# 1d53fito 514k.-MY Nofary PubilC -CaliforniaOrange County Comm.Expttes Nov28,2(107 OPTIONAL Though the data below is not required bylaw, 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: Grea Porn!—Vice President Lennar Homes of California Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015795 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, Rasa 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 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of whichthe person(s) acted, executed the instrument, OSA ESTELA mvA COMM.#a 1447661 :2 Ni?lAP. ''PUBLIC CALIFORNIA WITNESS my hand and official'seal. iCOUNTY Y Myrernm.apresOd,28,2407`n1to g`. 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 H GENERAL ATTORNEY-IN-FACT TRUSTEE(S) Fj GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067tGEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 81309.7184 POWER OF ATTORNEY Know All Men By ThesePresents: 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, Rochelle Rheault,Ashley Ward,Crace,Reza and Rosa E.Rivas of Irvine,CA(EACH) Its true and lawful Attomidy(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 and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute,seal 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 bonds and undertakings in pursuance of thee':presents. shall be as binding upon the said Company as fully and amply to all intents and purposes,calf iiia carne bait breed;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,tare and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and affect "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 ettorrreys-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 they 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 band executed pursuantito the resolution adapted 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 —140_day of June ;2405 Arch Insurance Company Attested and Certified . CgRMOYCATf . timid lY1JY Mary Jea 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 corpora#ion and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL N KATHLEEN MARCINKt1S,Notary Public' City d Phleddohis,Phu.Comty Kathleen Marc inkus,N tary public My Commission Expires February 25,20Q6 My commission expires 2-25-06 .CERi IFICATIQN 1, 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 dateof 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 WHEREOF, i have hereunto subscribed my name and ixe a orate soft Arch insurance Company on this 11 th day of Jules ,20 05 Mary JeOne Mderson,Vice President This Power of Attorney limits the acts of those named therein to 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 81141 eros csu OOMLOO13 00 03 03 Mh:earl Page 2 of 2 Printed In U.S.A. P F:a:xiiva::gi:l3 a:a:l i••;:::':3£li'::x::: s3h3i i.=:::a:i Y'.::a:i i:::.344^a.qi::az3 i'i mu: :..3rvp...a:iylruuum:igvz::aai;:zi:zi:3i rau:3::r.;;:.a: 3 31 is IN4 li 911 31f 3 :..... 19..... I il.....lei••••=:!C•r:'99i:v5:mu'0:l4 ?ai i::u::iil:F?:F:FSi a:m:a 3:3e:FP:fl�eiu.xy=i.n::ae ___.... 3.1.3...... .,f, .i i,} ..I. £,, .I. 3UI£ Y£ ... ..... ...i,i.. �..... 3113 ..31,E, ..H. . ..... 3... ,t',i:.. M1 I P as 3 M 33£ :;a3 E, 'yi:h a,XN i�i(F '£IN:: £P 3!.ii 3iu "'411-A Vic, IMPORTANT NOTICECONCERNING THE TERRORISM RISK INSURANCE ACT OF 202 The Terrorism Risk Insurance Act of 2002 establishes:a rnechanism by which the federal;government will share, with the,insurance industry, lit losses arising out of "ac of"terrorism" ceriified as such y the Secretary of the Treasury: "Certified acts of"terrorism"are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human ti"f ,property, or tfte infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessdl; and 3. Are committed by individuais, acting on behalf of foreign persons or interests,as part of an effort to coerce the oiviilan population of the 'United States or to influence the policies or conduct of the United States Government. The Act speolfes that coverage for "{certified acts of terrorism" must be made available in commercial property and casualty policies sof insurance, and it requires insurors to disctose any applicable premium charges and the federal share of crrmp6nsation. We are making these disclosures in strict comptiahce with the Act. Disclosure of Availability of Coverage for Terrorism I.osmes Coverage for losses resulting front "certified.acts of terrorism"" is tieing made available"to you on terms,amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a:90% share of an insurer's terrorism losses once the insurer has satisfied a significant".aggregate annual deductible. For terrorism tosses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned prernium. For dosses occurring in 2003, 2004 and 20.65, the annual insurer deductibles"are 71%, 10,% and 150/'6 of the.prior year°s 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 $100 billion. Disclosure of Terrorism insurance Premium Your Sand premium charge for"certified acts of terrorism" coverage is$g. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A.