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HomeMy WebLinkAboutMINUTES - 05232006 - C.6 (TA C -0): BOARD OF SUPERVISORS et �� Contra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa DATE: May 23, 2006 STa�oU County SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for PA 05-00029 (cross- reference Subdivision 90-07562), Summer Lake Community Park, Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/34f for PA 05-00029 (cross-reference Subdivision 90-07562), Summer Lake Community Park, 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.05-00029 have been reviewed and processed by Public Works staff and meet all applicable conditions of approval for SD 90-07562 regarding landscape improvements for the community park. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachment: SIGNATURE: -` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE fPPROVE OTHER SIGNATURES : ACTIONOFB(tf ON APPROVED AS RECOMMENDED V OTHER VOT OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 0��' copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Z:\GrpData\EngSvc\BO\2006\05-23\PA 05-00029 BO-16.doc SG:kg Originator: Public Works(ES) ATTESTED: oZ.� OF Contact:Public Work - Construction 6) JOHN CULLEN rk of the Board of cc: Public Works- Construction , Current Planning,Community Development Supervisors and County Administrator T—March 23,2008(PI) Shea Homes Limited Partnership 2580 Shea Center Drive Livermore,CA 94550 ATTN: Blake Reinhardt By ,Deputy Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 ATTN: Victoria M.Campbell SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SD 7562/ PA 0500029 Effective Date: 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 Direc r Shea Homes Limited Partnership, a cal;j:__,ii Limited Par ip By: (signs ) �. (printn &title RECOMMENDED FOR APPROVAL: - _ Donald A.-Hofer E3y. (signature) . Engineering Services Divi ort (pftname e) Shelley Galvin FORM APPROVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. It 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 Perforrimance and Guarantee: `$ 50,924-00 cash,plus additional security,in the amount of $5,001,876.0 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: - Cash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its - completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. ~✓LLB. For Payment:.Security in the amount of$ 9,596,2 99"98 ,which is fifty percent(5011%)of the estimated cost of the work. Such security is presented in the form of:. Cash,certified check:i;r cashier's check X Acceptable corporate surety bond. - Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or famishing 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. 4. GUARANTEE AND WARRANT*WORK. Subdivider guarantees that said w6hall 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 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or.replace,at his expense, 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. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts.the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. . NO WAIVER 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 andior materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be-stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents, anis 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 other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent;or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved•any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges.incurred by the County(including,but not limited to: engineering,Inspection, surveys,.contract,overhead,etc.) immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider.agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to.file and record the Final Map or Parcel Map for said Subdivision. :kw:lap G:\GrpData\EngSvc\Forms\AG wORD\AG-30A.doc Rev.May 18,2001 . 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. L. WILSON ® COMM#1468544 NOTARY PUBLIC-CALIFORNIA n�-1n , SAALAMEDA COUNTY 17 Signature: u v COMM.EXP.MARCH 4,2008-+ 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 1 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 (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 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 F V 6LO86B 50.00 CCC ID Card Replace 004500 9975 10.00 BW2/06 RTDIM Fees 007983 9595 1,147,980.00 Trust Fund 000649 9665 1,501.59 7T819800 0800 1 101,507.00 EXPLANATION: TOTAL $ Acctng: G1200879 DEPOSIT 1,254,962.51 Deposit consists of the following items Eng Svcs: (31200639-131200671 COIN,and CURRENCY $ 155.89 Records:G1191982-G1191994 HECKs,,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: —` Signed: arv Title[ ,� +' w r EXT. 'Dap Coun Auditor Deputy County Treasurer `D-34 Rev.(7-93) 0649-9665 / 112300: 61200650, $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 819.800-0800- ,61200663, $6,522.00, Sub 7562, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G120. 0664,'$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: G1200668, $3,027.00, PA06-00034, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: 61200669, $5,731.00, PA06-00036, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: 61200670, $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*s* (�(—RCS_Gf> 1on756z) Bond No_SU5 0 2 014 4 Premium: $50,019. Any claim under this Bond should be sent to me Popno address: Arch Insurance Comppanyy 135 N. Los Robles �F825 Pasadena, CK 9M1:` IMPROVEMENT SECURrrY BOND. FOR SUBDIVISION AGREEMENT (Performance;Guarantee and Payment) (Gov.Code,§§66499-66499710): 1. RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreementwith the County of Contra Costa(hereinafter'Countr)to install and pay for street,drainage and other improvements in Subdivision as specified in the Subdivision Agreement and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision.: Under the terms of the Subdivision Agreement,Prindbal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and. materialmen. 2. OBLIGATION. Shea Homes Limited Partnership as Principal,and Arch Insurance Company a carpoaton organized and existing underthe laws of the State of Missouri and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it Five Million One Thousand Eight (A. PerformanceardGuarantee) Hundred Seventy Six & No/100Doltars(,$ 5,001,876. lfor itself orany city assignee under the above Subdivision Agreement. Two Million Five Hundredwenty Six (B. Payment) Thousand Two Hundred &..NoT/100 Db6ars($- 200.2,526, ltosecure the claims to which reference is made in Title XV(commencing with Section 3082)of Part4 of Division$11 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 I the above bounded Principal,his or its heirs,exe7dors,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 his or their part,to be kept and performed at the time and in the manner therein spedfed,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the County of Contig Costal(or cfty 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 shalt be included costs and reasonable 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,matenaimen 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 r-,spectto 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 Counly of Contra Costa(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 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 Tide 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give aright 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 17 _2o 06, Shea'Homes Limited Partnership Princioat: a_California limited Partnership surety: Arch Insurance Company Address: 2580 Shea Center Drive Address: 135 N. Los Robles Avenue, #825 —Livermore. CA : 94550 Pasadena, CA zin: 91101 BY By: Print Name: Donald A. .Ofef' Print Name: Victoria M. Cam bell f' Title: Attorney—ill—Fact Its: Authorized Agent* [Note;All signatures must be acknowledged. For corporations,two officers must sign, The first signature must be that of the chaimfan.of the board,president,or vice-president;the second signature must be that of the secretarystst n ecretary, Hief fin ficial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)) *Ey: — Form Approved by County Counsel Its: thori ed Agent [Rev. „ H.1FinahPMSu6Aglmp5eu3ond.9.n3,wpd *SD 7562/ PA 0500029 Sh®lie y Galvin 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. U L. WILSON COMPA#ta6as44 (� NOTARY PUBLIC CALIFORNIA ALAMEDA COUNTY n Signature:_ COMM.EXP.MARCH 4,2008 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 Improvement Security Bond for Subdivision Aereement Document Date: Number of Pages 1 Signer(s)Other Than Named Above: Arch Insurance Company Capacity(ies) Claimed by Signer(s) - e Signer's Name: Shelley Galvin&Donald A.Hofer Individual Top of Thumb Here -K Corporate Officers- Title(s): Authorized Agent _ Partner: Limited _General _ Attorney-in-Fact _ Trustee Guardian or Conservator Other: Signdr is Representing: Shea Homes Limited Partnership I STATE OF California SS. COUNTY OF Orange Ori` April 17, 2006 ` before me, Maria Luisa R. Aquinaldo, Notary Public PERSONALLY APPEAREDVictoria M. Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(<Dre subscri4ed4p the within instrument and ackWwledged to me that he she hey executed the s n his her/ heir authorized capacity(ies), and that by hi /her their signature(s) on the instrument the person(s), or tFie entity upon behalf of which MARIALUISAR.AGUIMM the person(s) acted,executed the instrument. COMM.01406174 Q NOTARY PUBLIC-C/WFORNIA WITNESS my hand and official seal. ' ORAWE OOUNiY Com.E>P.Msrch 18, 2007 massacsa�omo®ammo Signature b This area for Official Notarial Seal Maria Luisa Aguinaldo, Notary Ulic 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 O TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 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 lawfuVAttorney(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: In Testimony Whereof, the Cc~.rany has cau8cd thls 11Estrui-nent to Ue signed and its corporate seal to be affixed by their authorized officers,this.17th day of Jan .,20 06 Arch Insurance Company Attested and Certified ga<once C 4' °3 .0 CORPORATE SEAL W1 Martin J. Nilse ecretary Edward M.Tilusice 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 voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth: PETER J.CALLEO,Esd. Notary Public,State of Now York ,No.02CA6109336 •. Qr;lifieii in New York County,. Pe r J. Nota ublic commission Expires r1Aay 3,2008 My commiss expires 5-M-2008: CERTIFICATION I, Martin T 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!".'HEREOF, 1 have hereunto subscribed.^,name and affi �dq the corporat se t of the Arch Insurance Company on this 17th day of April r; 2Q t)6 'f � sr t ; Martin,J. Nils Secretary,_ This Power of Attorney limits.the acts of those named therein tothe bonds and..undertakings specifically,named therein and they have no,authority to bind the:CoTpany.except in the manner and to the 6xten't erein stated: PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors& Develope'rs Group' 135 N.Robles Ave.,Ste.825 Pasadena,CA 91107 rg�$knee CQ coRroR,Tc 34 , 1971 sC 00ML0013 00 03 03. Rissoorl Page 2 of 2 Printed in U.S.A.