05-0425_KPRS CONSTRUCTION SERVICES, INC_Surety Agreement0 i
SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and KPRS Construction
Services, Inc., a California Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 49277 to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of APN 650-151-22 and 650-151-11, commonly referred to as
31441 Avenida Los Cerritos.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and any other corrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the
Building Official to require additional bonding as security to ensure against adverse
aesthetic impacts arising from incomplete grading and/or improvements from development
projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines
the improvements in Exhibit "A", are on file in the office of the City's Building Official, and
all documents referenced in Exhibit "A" are incorporated herein by reference.
J
MR
• 0
2. Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety with Arch Insurance Company Bond No. SU 1013488 subject to the
approval of the City Attorney, to secure Developer's improvement obligations required
under this agreement.
The amount of the bond shall be $311,043.00 for that work described in Exhibit "A".
This security of $311, 043.00 shall also serve as security for restoration of the site. A copy
of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A" in
accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in
Exhibit "C'.
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal
Code Section 8-14, or abandons the project site, or suspends work for more than twenty
working days other than previously prescribed, City shall have the right to immediately
declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
its original condition if the Developer defaults. This restoration shall include but not be
limited to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
0 0
as blankets, fiber matrices, catch basin filters, or other erosion
resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
judge as reasonable for the legal services of an attorney representing the City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of anyjudgment in such action against Developer if such action is determined
in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liability. Developer shall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
7 25 20 4:26;1 at San Juan Capistrano, California.
Developer
By: Paul Kristedja
Vice President
KPRS Construction Services, Inc.
Approveds't Fo
By: John S w
City Attorney
City of San Juan Capistrano
By: Nasser Abbaszadeh
Engineering and Building Director
EXHIBIT "A"
Ortega Ranch LLC
31441 Avenida Los Cerritos
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 49277 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Ortega Ranch LLC, dated April 20, 2005, prepared by The
Keith Companies, Bruce W. Kirby, RCE No. 042393.
(B) Geotechnical Report for Ortega Ranch LLC, dated December 20, 2004,
prepared by, Leighton Consulting Inc., Edward L. Burrows, RG, CEG No.
1750.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 49277 and Developer's grading plans referenced in Item 1 above, including,
but not limited to: driveways, parking areas, retaining walls, erosion and silt
control, terrace drains, down drains, sub -drains, area drainage systems, and
private storm drain systems not a part of Developer's Improvement Plans filed
with the City Engineer.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for Ortega Ranch LLC as included in the above plans.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
October 2005
October 2005
Task
Rough Grade Certification
Landscape Irrigation
October 2005 Landscape Planting (Interim and Hydroseed)
0 9
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 49277.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 49277.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt mitigation measures for expected
grading conditions as the work progresses through the winter season and shall not
be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
insure a uniform vegetative cover or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
4. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended for the rainy season, shall be
0 9
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
5. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
6. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
7. Developer shall provide approved on-site archaeological monitor during all
excavation activities in excess of 18 inches, unless determined exempt by the
Planning Director and submit a final archaeological report to the City upon
completion of the grading.
8. Installation of interim erosion and sediment control devices and systems shall
commence within seven (7) days after rough grade certification has been approved
by the Building Official and must be completed within fifteen (15) days of rough
grade certification. Final erosion and sediment control devices, planting,
landscaping and irrigation systems shall be installed prior to final inspection of the
grading permit.
9. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
10. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
11. Parking for construction crew is to be on-site.
•
32400 PASEO AQELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 PAX
www.sanjuancapistrano.org
November 13, 2007
Arch Insurance Company
One Liberty Plaza, 53`d Floor
New York, NY 10006
Re: Release of Bond: Bond
Dear Sir or Madam:
11[IIIIIIIlI
• BnuIR11 � 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NEILSON
JOE SOTO
DR. LONDRES USO
This letter is to inform you that the following bond issued for KPRS CONSTRUCTION
SERVICES, INC. Grading Permit No. 49277, related to APN 650-151-22 AND 650-151-11,
commonly referred to as 31441 Avenida Los Cerritos, San Juan Capistrano, California.
BOND NO. PURPOSE AMOUNT
SU 1013488 Performance Bond
311,043.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Arch
insurance Comaanv from any and all liability under the abovementioned bond number. The
original released document is enclosed. if you have any questions, please do not hesitate to
call me at (949) 443-6308.
Very truly yours,
of AMN
as noted
cc: (Letter copy only) KPRS Construction Services, Inc. (2850 Saturn St, Brea, CA 92821;
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnnletl on 100% rarycletl paper
npr 15 2005 4: 36PM KPOS HREA HO 714 364 e7ae F.Ir
•
•
Bond 6.: SU 1013488
PERFORMANCE 13OND
KNOW ALL MEN BYTHESEPRESENTS, that KPRS CONSTRUCTION SERVICES, INC.
2850 w Saturn St., Brea, GA. 92821 as Principal (hereinafter called
"Cont*ctor); and ARCH INSURANCE COMPANY
as Sutlhty (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan
Capistrano, as obPigee (hereinafter called "City'), in the amount of THREE -HUNDRED -ELEVEN -
THOUSAND, FORTY -THREE -DOLLARS & NO/100D011arfi($311,043.00
for payment whereof Contractor and Surety bind themselves, their' heirs; executors,
administrators, successors and assigns, jointly and severally, fairly by these presents...
WHEREAS,Contractorhas,bywrittenagreement dated April 14, 2005
entered into a (describe agreement): GRADING PERMIT FOR
ORTEGA RANCH
which clpntract is, by reference, made a part hereof.
WW, THEREFORE, the condition of this obligation is such that, if 06ntragtor shall
promptly( and faithfully perforin said agreement, then this obligation shall be null and void;
otherwis: it shall remain in full force and effect. Surety waives whatever legal right it may
have to inquire that a demand be made first against the Contractor in the event of default.
Bt IT FURTHER RESOLVED, that:
1 As a part of the obligation secured hereby, and in addition to the face amount
specified; there shall be included costs and reasonable expenses and fees, including
reasonagte attomeys fees, incurred by City in successfully enforcing such obligation, all
to be tax*d as costs and included in any judgment rendered.
cvrr�Alesvom�}ywarrwman«scna.wad
RELEAS (
-�' Date:
City Cler
City of S#ii J
i
.Apr 15 2005 4:38PM KPRS HREA HQ - -- 'i14 9b4 bYJb -p. io
2. Said Surety,forvaluereceived, hereby stipulates and agrees that nochange,
exteesion of time, alteration, or modification of the contract documents, or of the work to
be performed thereunder, shalt in any way affect its obligations or this bond,.and it does
herepy waive notice of any such change, extension of time, alteration ormodification of the
contivat documents or of work to be performed thereunder.
EXecutedthis 18thdayof April 200 5 at Jacksonville, Florida
APPFbvED AS
(fii�tli#x
PRINCIPAL KPRS CONSTRUCTION SERVICES,IN(
TION AND SEAL)
SURE ARGH INSURANCE COMPANY
{NOTARIZATION ANb SEAT..}
James G. Congelio, Attorney--in-Fact
Sworn to and subscribed before me this 18th
Day- of April, 2005
Notary Public State of Florida
TOMS.LORRANU11
Notary Public, State of Florida
My comm. expires Oct. 30, 2006
q?A Comm. No. DO 143563
cVny4fesya+na'Perremmnce8ogiwpd -2- asho m
CALIFORNIA ALL-PU
i State of �
County of �L9h
On AAT I`I
T Clete
personally appeared -
ACKNOWLEDGMENT
before me,
Title
personally known to me
❑ proved to me on the basis of satisfactory evidence
Description of Attached
Title or Type of Document:
Document Date: •4'12r o5 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
to be the person(4 whose name() is/4 subscribed to the
//1v,
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within instrument and acknowledged to me that he"/Wy
S
executed the same in his/*tt) it authorized capacitygo<,
❑ Individual
and that by his/Xrr/t* signature on the instrument the
I,B'Corporatefficerr
person%, or the entity upon behalf of which the person;
JUNE R. YOST
acted, execut, c the instrument.
Commission A 1310715 z
Notary Public - California f
Orange County
)
WITNESS nd and official seal.
My Comm. Expires Jun 26, 2005
❑ General
❑ Attorney -in -Fact
❑ Trustee
.
Signa ro of Notary Public
OPTI INVAL
Though the information below is not required bylaw,
it may provd aluable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: •4'12r o5 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
i D j
//1v,
V f
Signer's Name:
S
❑ Individual
I,B'Corporatefficerr
Title(s):c6i dcn
L
I
❑ Partner — ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 1996 National NotaryAssociation • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7194 Pre . Na. 5907 ReoMec Cell Toll -Free 1-800-876-6827
• POWER OF ATTORNE6
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
Tom S. Lobrano III, Bradford W. Bush, Tom S. Lobrano IV, James C. Congelio of Jacksonville, FL (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
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;bdien duly, executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. ..
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, 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.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
ARCH Insurance Company
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
ARCA Surety
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.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 1"
www.sanjuancapistrano.org
November 13, 2007
Arch Insurance Company
One Liberty Plaza, 53`d Floor
New York, NY 10006
Re: Release of Bond: Bond
Dear Sir or Madam:
fSTDOSHO 1961
1776
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NEILSON
JOE SOTO
DR. LONDRES USO
This letter is to inform you that the following bond issued for KPRS CONSTRUCTION
SERVICES, INC. Grading Permit No. 49277, related to APN 650-151-22 AND 650-151-11,
commonly referred to as 31441 Avenida Los Cerritos, San Juan Capistrano, California.
BOND NO. PURPOSE AMOUNT
SU 1013488 Performance Bond 311,043.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Arch
Insurance Company from any and all liability under the abovementioned bond number. The
original released document is enclosed. If you have any questions, please do not hesitate to
call me at (949) 443-6308.
Very truly yours,
MMC
as noted
cc: (Letter copy only) KPRS Construction Services, Inc. (2850 Saturn St, Brea, CA 92821;
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
elp Printed on 100% nlcYcleA paper
Apr 15 2005 4:36PM-
KPOS BREA HQ
s
y -Y lb-t-0rzo
•
Bond �o.: SU 1013488
KNOW ALL MEN SYTHESEPRESENTS, that KPRS CONSTRUCTION SERVICES, INC.
2850 Saturn St., Brea, CA. 92821 as principal (hereinafter called
"Cont*ctor"), and ARCH INSURANCE COMPANY
as SutVEty (hereinafter called "Surety!.), are held and firmly bound unto the City of San Juan
Gapisl#ano, as obligee (hereinafter called "City'), in the amount of THREE -HUNDRED -ELEVEN -
THOUSAND, FORTY -THREE -DOLLARS & NO/100- DOIIarS(� 311,043.00
for payment whereof Contractor and Surety bind themselves, thein heirs, executors,
adminvrators, successors and assigns, Jointly and severally, fairly by these presents...
WHEREAS, Contractor has, bywritten agreement dated April 14, 2005
entere(Iinto a (describe agreement): GRADING PERMIT FOR
ORTEGA RANCH
which cq)ntract is, by reference, made a part hereof.
40W. THEREFORE, the condition of this obligation is such that, if Cbntractor shall
promptly and faithfully perform said agreement, then this obligation shalt be null and void;
otherwiq¢ it shall remain in full force and effect. Surety waives whatever legal right it may
have to inquire that a demand be made first against the Contractor in the event of default.
6t IT FURTHER RESOLVED, that -
4 As a part of the obligation secured hereby, and in addition to the face amount
specified;, there shall be included costs and reasonable expenses and fees, including
reasbnaq,e attorneys fees, incurred by City in successfully enforcing such obligation, all
to be "d as costs and included in any judgment rendered.
=Vfe~uom! TOrfo - ToCeB nd.wod
REL
-t' Date:_
City Cler
City of 5
-rtp., a.. _z a.,vs �..a cs, „ .., ..., .. ,. �., ,.w _. _ T•� ao� oro
2. Said Surety, for value received, herebystipulates and agrees that no change,
exteesion of time, alteration, or modification of the contract documents, or of the work to
be p*rformed thereunder, shall in any way affect its obligations or this bond,.and'it does
herefywaive notice of anysuch change, extension of time, alteration ormodification of the
contract documents or of work to be performed thereunder.
I.. AV
Executedthis 18thdayof April 200 5 at Jacksonville, Florida
. (fi�tF�iX
c vayNesv44 %Perromtanceeondwpd
KPRS CONSTRUCTION SERVICES,INC
AND SEAL)
SRU R ETy ARCH INSURANCE COMPANY
ckgw- -4-� -- —
(NOTARIZATION! AND SEAL)
James C. Congelio, Attorney -in -Fact
Sworn to and subscribed before me this 18th
Day- of April, 2005
NotaryPublic State of Florida
(Iqe
TOMS. LOBBANO, III
Notary Public, State of Florida
My comm. expires Oct. 30,2N6
Comm. No. 00143563
-2 O5Mom
CALIFORNIA ALL -PI
7personally
Aal) ml
ACKNOWLEDGMENT
before me,
Title of Officer (e.g.,
(;?Versonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persorl whose name is/a)� subscribed to the
within instrument and acknowledged to me that he/Sjfla/txy
executed the same in his/)kXir authorized capacityr5 4,
and that by his/T)r/t)* signature$ on the instrument the
person%, or the entity upon behalf of which the personA
JULIE R. YOST acted, execut9d1rhe instrument.
Commission 41310745 i
i Notary Public - California > WITNESS,inyv Rd and official seal.
Orange County
by Comm. Expires Jun 26, 2005 r/?
Signa of Notary Public
OPTI /VAL
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
Title or Type of Document: PYf of MAn(
Document Date: .4, 1 gi- 0. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) ((C��laime/�d by Signer(s)
Signer's Name: t/0 NcASl
❑ Individual
,;,1`Corporatr, biicer
Title(s): rC
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator -
❑ Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
1
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
019% National Notary Association • 8236 Remrrust Ave., P.O. Boz 7184 • Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder Call Toll -Free 1-600-876-6827
• POWER OF ATTORNEj*
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
Tom S. Lobrano III, Bradford W. Bush, Tom S. Lobrano IV, James C. Congelio of Jacksonville, FL (EACH)
its true and lawful Attorney(syin-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, seat 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 tKe same haid been dilly, ex'eouted and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. .. .
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, 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 aftomeys-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.
OOML0013 00 03 03
Page 1 of 2 Printed to 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.
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(a member of Ar_ch_Insurance Group)
A.M.Best #: 03186 NAIC #: 11150
Address: One LibertyPlaza, 53rd Floor
New York, NY 10006
FEIN #: 430990710
Phone: 212-651-6500
Fax:212-651-6499
Web www.archinsurance.c_o_m_
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that have, in our
opinion, an excellent -
ability to meet their
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Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitl
Rating: A (Excellent) Long -Term: a
Affiliation Code: r (Reinsured) Outlook: Stable
Financial Size Category: XV ($2 Billion or greater) Action: Affirmed
Outlook: Stable Date: August 02, 2007
Action: Affirmed
Effective Date: August 02, 2007
* Denotes Unclgr Re_v_iew Best's Ratings
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A-- Report Revision Date: 08/02/2007 (represents the latest significant change).
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Data Status: 2007 Best's Statement File - P/C, US. Contains data compiled as of 11/6/2007 (
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Data Status: Contains data compiled as of 11/6/2007 (Quality Cross Checked).
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as provided in Best's Key Rating Guide products.
Data Status: 2006 Financial Data (Quality Cross Checked).
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http://www3.ambest.com/ratings/FullProfile.asp?BI=O&AMBNUM=3186&A1tSrc=1 &Alt... 11/13/2007
0 0
MEMORANDUM November 9, 2007
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Engineering & Building Director n%. A
SUBJECT: Grading Bond Release, Ortega Ranch
31441 Avenida Los Cerritos
This memorandum is authorization to release the grading bond posted for the above
reference address. The grading for the project has been completed sufficiently to warrant
the release of the bond.
A Performance Bond, held by Arch Insurance Company, Bond Number SU 1013488, was
posted as security for the bond in the amount of $311,0463.00. A copy of the Surety
Agreement and Performance Bond is attached for your information. If you have any
questions, please contact me.
Attachment
cc: file