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HomeMy WebLinkAboutRESOLUTIONS - 08152006 - 2006-512 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15, 2006 by the following vote: AYES: Uilkema, Piepho,DeSaulnier,Glover and Gioia i NOES: None l ABSENT: None ABSTAIN: None RESOLUTION NO. 20061-5/ca/ SUBJECT: Approving the Road Improvement Agreement for the Phase III Trails, Road Acceptance 05-01199 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for the Phase III Trails, Road Acceptance 05-01199 (cross-reference Subdivision 03-08508) property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement 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 Trail 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: Originator: Public Works(ES) Contact T.c\ O\(313-2363) I hereby certify that this is a true and correct copy of an action G1EngSvc\BOL006\08-15\RA OS-]]99 BO-]S.doc BB:vz taken and entered on the minutes of the Board of Supervisors cc: Public Works- Construction Current Planning,Community Development on the date shown. T—June 15,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road Suite 500 ATTESTED: ,San Ramon,CA 94583 Attn:B.Olin JOHN CULLEN,Clerk the Board of Supervisors and Arch Insurance Company 135 N.Los Robles Avenue,#825 County Administrator Pasadena,CA 91101 Attn:Rosa A.Rivas By Deputy ff RESOLUTION NO.2006! f SUBJECT: Approving the Road Improvement Agreement for the Phase III Trails, Road Acceptance 05-01199 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty s.. Valley) area. (District III) DATE: August 15, 2006 PAGE: 2 I. Cash Bond Performance Amount: $3,100.00 Auditor's Deposit Permit No. DP 467598 Date: July 20, 2006 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 IL Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5020560 Date: July 5, 2006 Performance Amount: $308,900.00 Labor &Materials Amount: $156,000.00 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. x -t 'Y. Sh RESOL UTION NO. 20061-519- ROAD IMPROVEMENT AGREEMENT Developer: Windemere BLC Land Company.LLC Effective Date: 1 ✓ O Development: RA 05-01199(x-ref SUB 8508) Completion Period: 2 year WfNDEMERE BLC LAND COMPANY,LLC Road: Phase 3 Trail Plan A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By.LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER By:Lennar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member By: C/ {' (�J \N� (signature) ���� (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL (signature) ems✓l // BY (print name&title)Erik S.Brown,Asst.Secretary Engineer in e i e n FORM APPROVED: Victor J. Westtnan,County Counsel (NOTI3: All signatures to be acknowledged. If Subdivider is incortorxted,siputures most confomr with rhe desibgated representative groups purstrant to Corporations Code S313) I. PARTIES&DATE.Effective on the above date,cite County of Contra Costa,California,hereinafter called"County,"and die above-ntentionedDeveloner. mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(includingappunenantequipnhent)as required in the improvement plans fortbis development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good workmanlike manner,in accordancewith accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement pians and the County Ordinance Code,the stricter requirements shall govern. 3.. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuantto the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 3,100.00 cash,plus additional security,in the amountof$ 308.900.00 which together total one hundred percent(100°/x)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 Payment: Security in the amount of 156.000.00 ,which isfiftypercent(50%)ofdie estimated cost ofthework. Such security is presented in die form of: _ Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request ofthe Developer,the amount securities may be reduced in accordancewith S944.406 and 8944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4b,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,anydefects 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. CALD[FORNIIA ALL-PURPOSE ACKNOWLEDGMENT State of California ` County of &hxGOl'fQ ss. On J+t"I ��j Z#D6 before me, �— Date Name and Title of Officer(e.g.,"Jane Doe,Fairy Public") personally appeared !/� �' '�" �"""' ,,hj2 f 13r1x1%- , Name(s)of Signer(s) personally known to me ❑ 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 beilght-Ahey executed the same in 44,Rlterftheir authorized capacity(ies), and that by /their RUtM � signature(s) on the instrument the person(s), or s C # 167E 3 the entity upon behalf of which the person(s) 2Mokuy PubW,-CaGfortUo 5 Contra costa cmawy acted, executed the instrument. – MVCaem.EVbwMw24 I WITNE S m d and olicial seal. Signature of Nota Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ,,��y Title or Type of Document: Q #1ga��W 7&1I Document Date:��i l' �lNyl� Number of Pages: / Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NaffmnalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800 876.6827 :'� ., '.r i,.," < , � 1. COUNTY OF CONTRA.COSTA fi it , �� C , DEPOSIT PERMIT+ r "I a r I OFFICE OF COUNTY AUDITOR;CONTROLLER � � MARTINEZ;CALIFORNIA7tf � 4 11 TO THE TREASURERS h u ; ' �� {� r x m , , t 1. RECEIVED FROM ' . a rl',r ',x z ,' Ir n 7 , 3 ,� 3{ f F „ r , t [ , r µ q ,_ ,(d r 11 1 ?.', s[ Pbbilc WOrks , r" , „ , ORGANIZATIOWNUMBER 650 , .t'r , c :' ' 4 _`2 r o n h NI u r g ++t."—,, z- n - I i a v .. ' „ I n ,1 7ifZ L " ,°, \r'/z A-11 ,l '', + �} �d a k iL` � kll�` �,a b fi j'-, � .'i4 v¢ 4 r . J , e a j', -r- 1.b�` 3 f r+ ^v n r "�. ri �, ;1 tk:,`' , . .. ?> �, %.'. `,> * '1 (For Cash�Collectiori�Procedures See County AHmioistrator's Bulletu �� I DESCRIPTION` ;4N FUND/ORG SUB '; TASK, OPTIO , ACTIVITY AMOUNT ` 1. }� a il,t r r t '" a'„.a r"',`„wl ,o.i ,,, r', I.^ ,itw t` s.+, .r'a Y ,ACCT.:, ' 1. rz "� t Y - 1 �' Sales Taxi �'l f ,"”;"I-l,t~ i�.,. . ' ' -100300 .0637 ,.^ 1.4 02 r'i t Sale of PrintsYr 004530 9931 REVd 660085. X169 80, Corner.Records4,t, z. M. ;00065x1 9660< 6L088D 120 00" ,t I A �. 1�,.p ri 1 T ..4 r , r I. 'e '�' �i , '•- 1r., s' , .'f' 3 e { -t1 i } 1 µ> .,r V r i }t £ t :r, Y a t.l Sub-87841,"CDD,Comp,Ck�r ,�, ,x „ ",,, `.',4 003520 5B060C._`, , Y1;000"o0 11, MS°05 0046 AcchRe� Imp-Plan 000651 6L073R ' , ' 2;922^00 f ,.�} 'A a t , zfi ,3, :p P , Sub 9035 Monurrient CkrFee" 'r I- ` ,��.' t` , ;,,;: 6L081 D " ; 5,760 00: , fv �,��� :6 r " r* o f ~a ., t, 'P 7, k r ' 1 �" �, . �r� 004528 9931,' 6K0330 � 200 00 f"IBase Ma Fee ss ,1' b h r t tr ik 'C , 3'y c t ` , ' r I. 1,r �r� �a r" - >, f t ? , a r 3-1 It r r'at F M29,.ligli'ttng_Fee `� .:�,,, ., ?zr .n �,si.,, ;007475 9895 , r` �r, ,��` ��' 3;550 00 ,Is vt r1 :4 t" r j Jn" w4, r _�lll� i ..may -- it 1 'z i --4 a "A"" 950942ti, ,_` " ' �'�11 000672 ,9756 REV. �' ° - 6U5600s E � �..,�; 2;475 35 ,ilr '" c r' I 4 m , r t n c 1 '"� t r , 1 x ., r "t a < :�. ,, L I b' s v y r l� � ;,3 1 s Trust Furid" v �` 819800 0800 �- �' 6'500 00� ..,� i o.-' .. e v g ,, t �,,p x S _ rJ_, ! r s 1t c < c + s -z . .. , TM `:`000649 9665 iso r I 1.4'.j %f,' x� 135 994'00 kY I t e, t d �r q l V1,11 . n +, � x7 ,ll v- � -�R ) ±ti C a > .5 , k1l °y,i1W e t"5..i h,,. 1 , t 1' e e11 r w ik. ✓ 1 dt .r y �k [+�vGre.r=Jk t g'. z T v a' ,jr " n k , ,h "n i , '[ r, 11 S a c s y: N d' f3 r y'r. a k ti e Y z t'r ., [ , h .. ,t '!. i T; of r ! f r ,a tom'. t a " Iti. , >n1 " E Y _ ) s{ 'r I N ,eT Y S .� 9 " 1 , > > #' 1 ¢a Jiff, ! ,:.1, Rp �. , 1 ! n. xy 4C,c�3 !<�«S. ! .�. p.,!s x 4 i'N 'ar C. 1. . `' t e,t.�„-V�.n� '.i 1+ C ' # f Y t 4 4 i a 'd;I a [ Y 1 Rn a I -e < x h ., i ' Y -G , {S �� �'� �tP } f#f h t i>l- Y F .fat 5- a,y �,1�� Y' nx �"4 r ( '� '' (r Py f11 I " k 1 :�'�. J e1r til + i a epi n't+. , it .$ 4 t �, E s A D tw< 2 E + ! SrV. 1 <' h h, t "'� j� �, U 2 i h,l � + e d r C��+ z ^� 1 1 r , ! 3 tfd ,.. a[ . KI s, T11 , ay, , o ,,.�`°� i s 1 "c r d : x l s, I 1 r s .'^ y,1 1 >.r 3 .,c «nib* ,.. ,., r ..xa.,..'. �°. :..J ,t ... r y 'A's;�+ to +Yd ° x t"h sn t; e4 1 v 1" V 7_. rz 3 ,'f'« ' r F t 14 -x.Ill�, °1 yea `K s rrr 3?' n ,nk T v .:yl r ,, ,, .r F; a " ,: ,� 11�11, 3 t, . ,1, f a+>« „r, -R TOTAL $ ': i , F I .; r x n F F 2 tq u r Y a`+' , _r k„ r n �` �k,{ - , '.a *' P7 Acctng , 02738 �4 19 0 7 1 ry , ,;. x ,, ,, f, �,p ,_ �, rr' 3 w , ? ° DEPOSIT: ` , , 2, 5 1 .''*-,, . ",i* Y wb,I ' r v,'. �'c °^�.� 'i 44 'i iaJ' �eposltconslstvio the tollOWlnQltems .- + -( ,, 1 xti� e= f a f a 4 ,, a t t �+�ri+C . 14 Eng,,Svcs::G1262590 G1202599,.VOID 61203583 +' „` '* ,�� � , + COIN and CURRENCY S*_ 89"64" .3 T r i k L'.. t aJ"z r , r < ,i ' a A N yfit M t 'c K ; r { j 1 " 11 [ C L A v i Y ,4 1 a, z 1 x ,l r i d �fS' ,s I Records:61201846=612018511 - ,9 Uolda,G1201851 i, , a1�','fip h g �,�� cHECKs M o eTc t r $ 19 15 53 , -1 rl '' t tJ v s ',M ti r,i f r 1, Ir :e , { r -" f s rr ':'s+ z+ 6 sirs d rn e�L'!n.� r >rx5 t. a}�{. k1s+°�' ' ��" s. £Y' tt i 4 Invotce..950942' �... , t y4 ,'4; L"`.:x. e „ ' k:; . .. rBANK:DEPOSITSr :�, f.,4 g': .�' 4< <f a Yr1, O­11tt y w w� "" FOR AUDITOR CONTROLI ER OSE ON LY "' s j wf7 ;Mm t ,-' x a' a�Y'rs' 7 xa t r; z 'xfa'�tusyr.. r r'J r`, , S x. x` r m'' y '� ,, ' T" *r k r ,� 4 �. F I y > a , " .�+7i r i° °, rc " F : , `}',.I A tuc r to DEPOSIT T. .�xa 3 ''. . �.., r - rj-_,-11,14,< $ a' x t �' ,c ' r r t, ,, [PERMIT 4 �i DP-'� `.- , s er*yr,,,va}�r d , �U-rr",.` ttros x - > r ay r:a 5r< 4r f , �e f - nk�' d [l ,+y., Ir b , A 1 A C i }� ^�` f wt , i 'E S^`�'#�' Q �3.. p jy/@�,R.t-- �'" a ' ' h I*nF �t Y� + n ; , 4 3 , NUMBER\ ✓'' �. .��f�tii.E.i v.R 4Cg , i+i✓' +'S"' ; " `-� e t: #r :, eKv, fp"' "'- I i �: ' DATE ' :r ?i.`.� ��r p sft4, d.i rx t E w.,1 d...4 r+ [jd > 1�x:�13tix' rr x� �q w `f, 'r' -.I �' ni �' " `� 1. . z "..^ s11 , r. rz �.» t! S'ffJ ED z „' r s it, i The amount of:money described above 'for „ Treasurers receipt o(:ahove,amount Is +Receipt of above amount Is hereby acknowledged ; I , kt "Ir1;11vif Y J S b " f + deposit Into the County Treasury. " z ° r Yr'' ` Qlll�If .�` 71 'u �.N i{I/4d I /,I u'"Tx CiY ,S,M w 'h P r < yi c r SIS �vd ('h 4r r t��Dat�e= t l /4.fs+:J r � 1 f, ,_ t , "� t "�r �� �.Ve t + - 1 `°I ,'Yt y ; E t $lyn !✓411 T' Signed m� p v: r p s 1 - , .. ir,:: tr TI le: r ( .r XP! d.- ' '' De Coun Auditor 4 ',De ut Count'.Treasurer 1 ,� r. '1 D'- 4 Rev (7 93/0 �/ ,' 1. rl' 1 �� 5 , 7i: _ _ 1. -�:. ( _ .. - _ . .7 819800-0800: G1202580, $3,100.00, RA 05-01199, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1202598, $33,400.00, Sub 9035, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035. 0649-9665 / 112300: G1202581, $ 17,500.00, RA 05-01199, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 j 0649-9665 / 112300: G1202582, Sub 8787, Janin Assoc, 957 Stow Ln., Lafayette, CA 94549 k F $30,000.00, Plan Check $2,650.00, Map Check f 0649-9665 / 112300: G1202590, $5,844.00, M5 05-0046, Improvement Plan Check, Appian Construction Co., Inc, 1485 Enea Ct., Ste 1490, Concord, CA 94520 h 0649-9665 / 112300: G1202599, $80,000.00, Sub 9035, Inspection Fee, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 i°. , 4R: I Executed in Duplicate Bond No.: SU5020560 Development: RA 05-01.199 (x-ref SUB 8508) Premium $3,089.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - (16499.10) 1. RECITAL or ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 05-01199 (x-ref SUB 8508) to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Windemere BLC Land Company, LLC , as Principal and Arch Insurance Company a corporation organized under the laws of the State of Missouri and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Three Hundred Eight Thousand Nine Hundred and 00/100 Dollars ($. 308,900.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Hundred Fifty Six Thousand and 00/100 Dollars ($ 156,000.00 )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section (2.A.)above is such that ifthe 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 part, to be kept and performed at the time and in the planner 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 shall be and remain in fall force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be tatted 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 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3) of the Civil Code 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; other-xise it shalt be and remain in frill force and effect. C. No alteration of said Road lmprovement Agreement or any plan 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 5, 2006 PRINCIPAL: See Attached Signature Block SURETY: Arch Insurance Company Address: 6121 Bollinger Canyon Rd., St. 500 Address: 135 N. Los Robles Ave., # 825 City: San Ramon, CA 94583 City: Pasadena, CA 91101 By: By: Print Name: Print Name: Rosa E. Rivas Title: Title: Attorney-in-Fact b13 (i:\rn,SvaV3ilbllu\Civil\RA 1199\Road Bond Aglow xnLAoc Bond No. SU 5020560 WINDEMERE'BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: Brian G. Olin,Vice-President By: G%l✓(/� Erik S. Brown, Asst. Secretary State of California /_ ss. County of ,, U! ., _ On f� Imo(o before me, alb DateName and Title of icer(e g.,"Jane oe,Notary Pu61¢") personally appeared ,gI'12f'I h O&^, Erik s. j3WA Names)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +e/are subscribed to the within instrument and acknowledged to me that 4efSFie/they executed the same in +4sfher/their authorized capacity(ies), and that by JiisLheNtheir signature(s) on the instrument the person(s), or RUIN MEN WHOP the entity upon behalf of which the person(s) B 1670981 acted, executed the instrument. PEotay P�Icj-CaHtorMa �_ Contra C� WITN SS my hand and official seal. Signature of Notary Pi OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 mLV Document Date: J i b Number of Pages: y Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Assoaation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402•w.vw.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 5, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E. Rivas NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 J. BARRAGAN signature(s) on the instrument the person(s), or the entity upon CommtssIon#1635125 behalf of which the person(s) acted, executed the instrument. @,yNotary Public-Callfornla OrangeCounty Comm.Expires Jan 5,2010 WITNESS my hand and ial seal. ATURE 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-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 J POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attomey(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 bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,:Missoud. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. L In Testimony Whereof, t~a Company has c::-.--cdµis inst: e,^.t to ;a signed and its corporate seal to be affixed by their authorized officers, this. 9th day of_May 2006 Arch Insurance Company Attested and Certified 4�rance Co SEAL E9Tt � �.�i Mlnnonrl Martin J. Niiser0ecretary Edward M. Ti us ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS' I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free aKvoluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.GALLED,ESQ. Notary Public,State of New York No.02CA6109336 pe r J. Nota ublic Ot'llified in New York County Commission Expires May 3, 2008 My commissWj expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY:MUERE-CF, I have hereunto subscribed m; name and 7Z;1CZ-c ra'7N �I of the Arch Insurance Company on this 5th day of_ July 20_ 06 t /0-c- Martin J. Nils Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors& Developers Group 135 N. Robles Ave., Ste. 825 Pasadena,CA 91101 cgv�onee C 0 COM MTF SFAI � OOMLOO13 00 03 03 Miaoarl Page 2 of 2 Printed in U.S.A.