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HomeMy WebLinkAboutMINUTES - 05232006 - C.10 o � 10 *� SE__L • TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR Costa DATE: May 23, 2006 o` ' COU`�,. �'�� Y� County ST'9 N"� SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for PA 06-00036 (cross- reference Subdivision 05-08955) Lakeside Park Summerlake Phase II, Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/34-7 for PA 06-00036 (cross-reference Subdivision 05-08955) Lakeside Park Summerlake Phase II, approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The landscape plans for PA 06-00036 have been reviewed and processed by Public Works staff and meet all applicable conditions of approval for SD 05-08955 regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right of Way Landscaping)will not be approved. Continued on Attachment:'✓ SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE .PROVE OTHER SIGNATURES mm ACTION OF B07 ON T APPROVED AS RECOMMENDED OTHER V(yTE OF SUPERVISORS 1/ UNANIMOUS(ABSENT OY7 I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Z:\GipData\EngSvc\BO\2006\05-23\PA 06-00036 BO-16.doc SG:kg Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) ATTESTED: cc: Public Works- Bell,Construction JOHN CULLEN erk of the Board of D.Brockbank,Community Development � T—March 23,2008(P1) Supervisors and County Administrator Shea Homes Limited Partnership 2580 Shea Center Drive Livermore,CA 94550 ATTN: Blake Reinhardt Arch Insurance Company 135 N.Los Robles Ave.,#825 By , Deputy Pasadena,CA 91101 ATTN: Victoria M.Campbell THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None a RESOLUTION NO. 2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 06-00036 (cross-reference Subdivision 05-08955) Lakeside Park Summerlake Phase II, being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) The following document was presented for Board approval this date for PA 06-00036 (cross-reference Subdivision 05-08955) Lakeside Park Summerlake Phase II, located in the Oakley area. A Subdivision Agreement (Right of Way Landscaping) with Shea Homes Limited Partnership, a California Limited Partnership, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two year(s) 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: $5,731.00 Deposit made by: Shea Homes Limited Partnership, a California Limited Partnership Auditor's Deposit Permit No. and Date: 462608 April 20, 2006 Z:\GtpData\EngSvc\130\2006\05-23\PA 06-00036 BO-16.doc SG:kg I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316). ' action taken and entered on the minutes of the Board of cc: Public Works-A.Bell,Construction D.Brockbank,Community Development Supervisors on the date shown. T-March 23,2008(PI) Shea Homes Limited Partnership 2580 Shea Center Drive ATTESTED: Livermore,CA 94550 ATTN: Blake Reinhardt . JOHN CULLEN, k of the Board of Supervisors and Arch Insurance Company 135 N.Los Robles Ave.,#825 County Administrator Pasadena,CA 91101 ATTN: Victoria M.Campbell. By , Deputy �' RESOLUTION NO.2006/ a SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 06-00036 (cross-reference Subdivision 05-08955) Lakeside Park Summerlake Phase II, being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) DATE: May 23, 2006 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU 5020151 ' April 18, 2006 Performance Amount: $567,369.00 Labor&Materials Amount: $286,550.00 Principal: Shea Homes Limited Partnership, a California Limited Partnership 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. ' RESOLUTION NO. 20061&1.3 •. SUBDIVISION AGREEMENT i - (Right of Way Landscapind) (Government Code §66462 and §66463) Subdivision: SD 8955 / PA 0600036 Effective Date: /Z3�dh Subdivider: Shea Homes Limited Partnership Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: -- CONTRA COSTA COUNTY SUBDIVIDER:_(Name and Title) Maurice M. Shiu, Public Works Director Shea Homes Limited Partnership, 'a California Limited Par hip (signaw (prW a&We) Donald A.Hofe RECOMMENDED FOR APPROVAL: /<Ll/�(/ �x -r�/ By: (signature) <wiVf1L—rCIn,� Engineering Services ivision (pfiM me na & •� .. Kelley Galvin FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be admowledged. 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"County,"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:• $ -5,731.00 - - - cash,plus additional security,in the amount of _.$567,369.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: - - _. Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its - - completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: 'Security in the amount of$ 286,550;00 = ti- - which is fifty percent(50%)of the estimated cost of the work. Such'security is presented in the form of: Cash,certified`check, or cashier's'check~ 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§94-4.408 of the Ordinance Code. STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On April 19,2006 , before me, Laurel Wilson,Notary Public, personally appeared Shelley Galvin and Donald A.Hofer ,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/tom executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. r L. WILSON 3 • Q 544 NOTARY BLIC-CALIIFORNIA� Signature: ALAMEDA COUNTY n F COMM.EXP.MARCH 4,2006-4 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 Document Title/Type Subdivision Agreement(Right of Way Landscaping) Document Date: Number of Pages I Signer(s)Other Than Named Above: Contra Costa County Capacity(ies) Claimed by Signer(s) Signer's Name: Shelley Galvin&Donald A.Hofer • Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: —Limited —General Attorney-in-Fact _ Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA ..� TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (urganization) r (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 25.47 Sale of Prints 004530 9931 REV 6GO085 103.75 Sale of Plans & Specs 004500 1 6AO196 204.70 Corner Records 3875-3882 000651 9660 6LO88D 80.00 Record of Survey RS3088 500.00 RS3086 500.00 RS3094 500.00 RS3087 500.00 RS3091 500.00 RS3089. 500.00 RS3090 500.00 Floodzone Determination I 16LO86B 50.00 CCC ID Card Replace 004500 9975 10.00 BW2/06 RTDIM Fees 007983 9595 1,147,980.00 Trust Fund 000649 9665 1 1,501.59 819800 108001 101,507.00 EXPLANATION: TOTAL $ Acctng: G1200879 DEPOSIT 1,254,962.51 Deposit consists of the following items Eng Svcs: G1200639-G1200671 COIN and,:CU.RRENCY $ 155.89 r" ' Records: G1191982-Gl191994 CHECKS,-M:O.,ETC. $ 1,254,806.62 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed- Date_%=/ _ Signed: Signed: ,. TAI.:` 1i' EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev. (7-93) 0649-9665 / 112300: G1200.650, $1,001 .59, MS O4-0020, Inspection Fee, Oak Gate Properties,LLC, PO Box 807, Danville, CA 94526 0649-9665 / 112300: G1200660, $500.00, MS 03-0005, COA Check, Brian D. Seibel, Attorney at Law, 1850 Mount Diablo Blvd., Suite 650, Walnut Creek, CA 94596 819800-0800: G1200640, $10,000.00, EF 0500624, Cash Bond, Mercy Housing of California, 1999 Broadway, Suite 1000, Denver, CO 80202 819800-0800: G1200663, $6,522.00, Sub 7562, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200664,1 $7,409.00, Sub 8955, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200665, $10,957.00, RA1145, Cash Bond, Shea Homes, 2580 Shea Center Dr.,Livermore, CA 94550 819800-0800: G1200666, $50,524.00, PA05-00029, Cash Bond,. Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200667, $1,304.00, PA06-00033, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: 61200668, $3,027.00, PA06-00034, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200669, $5,731.00, PA06-00036, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore,.CA 94550 819800-0800: G1200670, $3,238.00, PA06-00037, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200671, $2,795.00, PA06-00035, Cash Bond, Shea Homes, 2580.Shea Center Dr., Livermore, CA 94550 ' ***EXECUTED IN DUPLICATE*** —t4; S, 150M , Bond No--SU5 0 2 0151 Premium:$5,674. Any claim under this Bond should be sent to the foliowi aInsddress: Arch urance Company 135 N. Los Robles :38%25 Pasadena, CA 91 10L.", IMPROVEMENT SECURITY BOND FOR SUBDIVISION.AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499.66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreementwith the County of Contra Costa(hereinafter'County')to Install and pay for street,.drainage and other improvements in Subdivision * as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in. the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcet Map for said subdivision;:" Under the terms of the Subdivision Agreement, Principalis required to fumish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborersand . matenalmen. 2. OBLIGATION. Shea Homes Limited Partnership as Principal,and Arch Insurance- Company a corporation organized and existing under the taws of the State of Missouri and authorized to transact surety business in Califomia,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it Five Hundred Sixty Seven Thousand Three Hundred A. Performance and Guarantee Sixty Nine & No/ Dollars 567,369. ( ) {$ )for itself or any city assignee under the above Subdivision Agreement. Two. Hundred Eighty Six housand (B. Payment) Five Hundred Fifty & NoB00 Dollars(s 286,550. )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 State of California. 3. CONDITION. This obligation is subject to the following 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 perform the covenants,conditions and provisions in the said agreement and any afteratlon thereof made as therein provided,on his or their part,to be kept and performed at the ffine and in the manner therein specified,and in ail 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 full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs andreasonable expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment 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,materiaimen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond, will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(of 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 judgment 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 3062)of Part 4 of Division 3 of the Gini 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 change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety:and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any-action against the Principal whenever taken. SIGNED AND SEALED on April 18 ,20 06. Shea. Homes Limited Partnership Princint: a.:California limited .partnership Suretv: Arch Insurance Company Address- 2580 Shea Center Drive Address: 135 N. Los Robles Avenue, 4825 -.Livermore. CA is 94550 Pasadena CA Zip'; 1101 g BY: Print Name Donald H Print Name: Victoria M.- Campbe_l .. Title: Title:. Attorney—in—Fact Its: Authorized Agent* [Note:All signatures must be acknowledged. For corporations,two officers must sign,.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secreta i t nt secre ry,c 'ef financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)] �$y' ' Forrn Approved by County Counsel Its tho ized Agent [Rev,9/031 HAFinBWWSubAplmpSecaond.9.03.wpd Shelley Galvin *SD 8955 / PA 0600036 , STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On April 19, 2006 , before me, Laurel Wilson,Notary Public, personally appeared Shelley Galvin and Donald A.Hofer ,personally known tome(or proved tome 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/tom executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. L. WILSON 3 COMM*1468544 NOTARY PUBLIC-CALIFORNIA Q ALAMEDA COUNTY COMM.EXP.MARCH 4,2008 Signature: 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 Document Title/Type rImprovement Security Bond for Subdivision Agreement Document Date: Number of Pages 1 Signer(s)Other Than Named Above: Arch Insurance Company Capacity(ies) Claimed by Signer(s) Signer's Name: Shelley Galvin&Donald A.Hofer Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: _Limited _General Attorney-in-Fact Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership STATE OF CALIFORNIA SS. COUNTY OF ORANGE Ori APRIL 18,2006 before me, MARIA LUISA R.AGUINALDO, NOTARY PUBLIC PERSONALLY APPEARED VICTORIA M.CAMPBELL personally known to me(or proved to me on tite basis of satisfactory evidence)to be the person(s)whose names is/ re cubed to the within instrum " acknowledged to me that h she/ ey ex ed the same iya hi/her/t eir authorized caparity(ies),and that by hisoer heir signature(s)on e instrument the person(s),or the entity upon behalf MARIALUISAR.AGUIINAL.DO of which the person(s)acted, executed the instrument. J- COMM. �4OS174 NDTARY PUBLIC•CALIFORNIA m WITNESS my hand and official seal. , ORANGE COUNTY try Conran.Exp.momch is, 2001 Signature This area for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT 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 Noemi Quiroz and Michael R. Szot of Los Angeles, CA(EACH) Edward N. Hackett,Victoria M.Campbell and Maria Luisa Aguinaldo of Santa Ana,CA(EACH) its true and lawful Attorney(s)-in-Fact, to make,execute, seal, and deliver from the date of issuance of this power for and. on its behalf as surety,and as its act and deed: Any and all bonds and undertakings y 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 executionof'such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to ail intents and purposes, as if the-same had been duly executed and acknowledged by its regularly elected,officers.at its principal office in.Kansas Cit+,.,Misao, A v 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.iri writing . and filed with the Secretary, or the Secretary shall have the power and authority to lapp6int 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, 20. 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. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. C In Testimony Whereof, t��L. Company,.,,,,,Yuny has cd±.;sGd u,i5 instFu-nient to be signed and its corporate seal to be affixed by their authorized officers, this.17th day of Jan " 2006 Arch Insurance Company Attested and Certified _CORPORATE ,r{ U SEAL f 7977 - 21 L . iZ Jr Martin J. Nilseecretary Edward M.Titus ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify1hat Edward M. Titus.and Martin J. Nilsen personally knovrn 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 lawsof 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 aAvoluntary.act oUaid corporation and as their own free and voluntary acts for the uses and purposes therein set forth:' PETER J.CALLEO,ESQ. Notary Public;.State of New York No.02CA6109336.. Oz Afi6d 16 New York County PNJ_ I Nota ubficomrriission Expires iviay 3,'2008 Mexpires 5-03=2008 CERTIFICATION 1, 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 LSame 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. I have rlbe„ , , name and affi d the corporat se I of the Arch Insurance IN TESTIMONY:�:� CAC(lC harau ntn c�ihcr ri ..+.. , . Company on this 18th day of. April , 20 06 Martin,J. Nils&. Secretary This. Power of Attorney e 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 BACe ..5EAL . OOMLOO13 00 03 03 Isissond Page 2 of 2 Printed in U.S.A.