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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-376 j THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.21004/ 376 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for East Branch Parkway at the Middle School, RA 02-01137 (cross-referenceSubdivision 8509) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for, RA 02-01137 (cross-reference Subdivision 8509) located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within'one year 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: $4,840.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 424912 May 20, 2004 LT:rm I hereby certify that this is a true and correct copy of an Originator: Public Works 4\07-13-04\RA 1137 Boa16.dac action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T—May 13,2005(Pl) ATTESTED: .JULY 13, 2004 Windemere BLC Land Company,LLC 3130 crow canyon place,#310 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Pasadena,CA 91101 Attn:Patricia H.Brebner By_�� Deputy RESOLUTION NO.2004/ 376 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for East Branch Parkway at the Middle School, RA 02-01137 (cross-reference Subdivision 8509) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DA'Z'E: July 13, 2004 PAGE: 2 II. Surety Bund Bond Company: Arch Insurance Company Bond Number and Date: SU 5007567 May 11,2004 Performance Amount: $479,460.00 Labor &Materials Amount: $241,950.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Dight of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/376 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 1137 (Cross-Ref SUB 6509) Effective Date: c/ 3, Subdivider: ,G��-,'=> P�"- .1W�' f Completion Period: 1 year WINDETHESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CaliforniaERE 13LC LAND COMPANY LLC, a Califolimited liability Company By:LEN-OBS Windemere,LLC CONTRA COSTA COUNTY A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director ..By:Lennar Homes of California,Inc., Managing Member By: I A,11A4 (signature) 1214v- RECOMMENDED FOR APPROVAL: (print name&ti le) Don arson,Vice President By: (signature) Engineering Services Division (print name& ide)Darleen Carpenter Asst. Secretary, FORM APPROVED: Victor J. Westman, County Counsel (MOTE:All signatures to be acknowiedged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"Coup ,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called'work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner; in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall, pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 4,840.00 cash,plus additional security, in the amount of $ 479 060.00 which together total one hundred percent(100%)of the estimated cost of the work. Such j additional security is presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 241.950.00 which is fifty percent(50%)of the estimated cost of the work. Such 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 payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ,j ss. County of (!A:t K�.f� [ 3T On HAY �`� '9OCI'4 before me, �_Er l Dattea-..� ame and Tide of Officer je.g.,"Jane Doe.Notary Public") J `vett 6S�Jf A1�5 I ° 'r"'r'r i ��kf<-t�iu• personally appeared lti1T Name(s`j'of Signer(s) Q1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names)-+s/are �..-.:-..-..-...- subscribed to the within instrument and KAREN L. KEENAN acknowledged to me that he/they executed Commission 1378827 the same in lie /their authorized ;r-m;� w,� NotE ;hiic California > capacity(ies), and that by his, r/their Ccnl a CastcJ Countyr signature(s)on the instrument the person(s), or MyGomr.-,.ExPires Oct 7,2016 the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand,WM offi f seal. Signature of No Public , OPTIONAL Though the information below is not required by few,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: Document Date: 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 C Trustee ❑ Guardian or Conservator ❑ Other: i a Signer Is Representing: 0 1999 National Notary Association•2350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 81313-2402•www.nationalnotary.org v Prod.No.5907 Reorder:Call Tall-Free 1-800-876.6827 DEPOSIT PERMIT � x OfflCE OF COUNTY AUDI7OR-C0NTR0UI*R TCt T*HE TREAStRiER: MARTfhRZ.CALIFORNIA RECEIVED€fiCN+A OWIANIZATION NUMM, - - id I (For Cash Collection Procedures sea County Administratcr's Belietin 105.) DESCRIPTION /OM ACCT TASK OPTION ACTIVITY AMOUNT ✓ ¢ (y ✓i ' I✓1 LAC EXPLANATION- TOTAL $ ! a 't"'• j ( f/ r'C- C7 1`�'" f'�.:..�(�' s {'l ' `�-J''�t �',d.✓/ DEPOSIT r Deft cormb of the fbHovong iterm Cj COIN and CURRENCY $ CHECKS;MX7.,ETC. } 7 BANK DEPOSITS $ FOR AUDTOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ �j A553GNE424912-� a-� F-The anumint of money described above is for Treasurer' pt of above ampopt is approved. Receipt of above amount is hereby deposit into the County Treasury kr-fledged. Sim: qty County AWilar Deputy County Treasurer D-3A REV.(7-93) fy c( OFFICE OF COUNTY AUDITORaC ��TREASURER: MARTINEZ,CALIFORNIA -'A � MOVED RZOM ORGANIZATION NUMBER (Far Cash Collection Prates we County AdrininAirator's Bulletin 105.) DESCRIPTION PUt MAG SUIL TASK ACTIVITY AMOUNT r � I # # I # # # # # i # s f # # # # i+ I EXPLANATION: TOTAL $ # DEPOSIT # Deposit consists of the following items COIN and CURRENCY 5 CHECKS,Mme,ETC,. $ BANK DEPOSITS $l/ — – K)R AUDITOR-CONTROLLER USE C*LY DEPOSIT PERMIT 'jp `� +�c+ NUMBER DATE ASSIGNED The amount of money dwribed above is for Trraosurer's meeipt of above amount is approved. Receipt of wave amount is hereby dppos+t into the County"Treasury. asknawiod� Signed: Slwwch EXT, i ✓ Deputy CountyAudihar Gaputy C.-Ay Ttiectsurer D-34 PEV.(7-93) I 0649-9665 / 8310000: G1138846, $3.500.00, Sub 8776, Finan Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138847, $3,525.00, Sub 8777, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: 61138848, $3,400.00, Sub 8778, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138850, $500.00, MS 00-00011, Inspection, Stephan P. Pinto, 1833 Kof man Pky, Alameda, CA 94520 0649-9665 / 8310000: G1138851,$10,000.00,50 1157,Improvement plan Review, Shapell Industries, 100 N. Milpitas Blvd., Milpitas CA 950735 0649-9665 / 8310000: G1138849, $1-690.25, MS 00-00011, Inspection Minor Sub, Stephen P. Pinto, 1833 Kof man Pky, Alameda, CA 945072 819800-0800: G1138630,$2,720.00, DG 0033, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: G1138645, $4,840.00, RA1137, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: G1138647, $2,620.00, DG 0032, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA EXECUTED IN DUPLICATE Subdivision: M 1137 (Cross-Ref SUB 8509) Bond No.: SU 5007567 Premium: $3,593.00 IMPROVEMENT SECURITY 13OND FOR PUBLIC .RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SMVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision-&A 1137 iCross-Ref SUB 8509_l as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), ail in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: W indernere BLC Land Corny,L.L.C. ,as Principal,and Arch Insurance Company ,a corporation organized existing Linder the laws of the State of Missouri , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Four Hundred Seventy Nine Thousand Sixty and 00!104 Dollars (S 479.060.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment. —Two Hundred FgM�.Qne Tlyousand Nine Hundred Fifty.w4 00/140 Dollars ($ 241.950.00 )to secure the claims to which reference is Made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil, Code of the Stateof California. 3. CONDITION: 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 perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning;, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated, then this obligation shall become: null and void;otherwise it shall be and retrain 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in 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 or labor thereon of any hind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing,such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this:obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said 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 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on May 11, 2004 WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its managing member PRINCIPAL:Bv: LENNAR HOMES OF CALIFORNIA, INC.SURETY: ARCH. INSURANCE COMPANY its managing member Address: 24800 Chrisanta Drive Address: 135 N Los Robles Ave., #825 City: Mission Viejo,CAZip 691 City: Pasad4ha. CA .Zip: 91101 By: .�'' ----- By: & - &- printName: David Evans Print Name: Patricia H. Brebner Title: Vice PresidentTitle: Attorney-in-Fact mom. ttp W S liSHal:rlATAiGnl3oit»tF.nyb'YoF�na1RN'Wt1RA33?t.t 1A dn. Rfi.Lot 0.IM ..._................................................................... ......................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 0)n May 12, 2004 before me, Dina Prints, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ,.�rur. r` Cortt"W*)n# 14636100 Notary Pubft.oaldomfo any Comm.EXO r+bv U,X007 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; Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety gond No. SU 5007557 Number of Pages: Two (2) Date of Document: May 11, 20304 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A( OWLEDGMENT No.6907 State of California. County of Orange On Maw 11, 2004 before me, Leigh McDonough,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebuer NAME(3)OF SIGNER(S) ® personally known to me-OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. LEIGH ICar1C3Nt)ilGFI NotaComry Public -7328874 WITNESS y hand and official seal. �90MY Notary f'ubilc-CslifOm't8 � Grange County comm.Expino Nov 6,27X 6 V SIGNATURE O 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 [-1 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 PERSOKS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2/98 01993 NATIONAL.NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 99309-7184 POWER OF ATTORNEY Know Ali Men By These Presents. That the Arch Insurance Company,a corporation organized end 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,Patricia H.Brebner,Alexis H. Bryan,Jane Kepner,Nanette Myers, Leigh McDonough,Mike Parizino,James A. Schaller, Rochelle Rheault and Ashley Ward of Irvine,CA(EACH) its true and lawful Attomey(e}in-Pact, 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 authorrity does not permit the same obligation to be split into two or more bonds in order to bring each such band 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. these prem shall be as binding upon the said Company as fully and amply to all intents and purposes, as If toe same tfad'b'io6 dilly exeoUted and acknowledged by Its regularly elected officers at Its primal 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 hoard,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 Comply thereto, bonds and undertakings. recognizoinces, contacts 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 Mare 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.Mixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on Mara', 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 bird upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has mused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1st day of March 20 04 Arch insurance Company Attested and Certified w CoLem n Niuord Joseph S.L ,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan,a Notary Public,do hereby certify that Thomas P.Ludmidne and Joseph S.Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the taws of the State of Missouri, subscribed.to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OF'F OAL SFA MASSA B.QUJW*l,Nday Pubk SIM of Notary Public 2 Metissa tl an, My commission expires 2-28-05 CERTIFICATION i, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 1.2404 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 Thomas P.Luckstone,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 Presktent.of the Arch insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seat of the Arch Insurance Company on this 11th day of MaY .20_24 ,. . Joseph S&lselvcoporete Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings speceitic afty named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. lbond Home Office:Kansas City,MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE -- DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety.percent(90%) of covered terrorism losses exceeding the applicable insurer deductible.