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05-0425_KPRS CONSTRUCTION SERVICES_Surety Agreement0 a 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 SD 0 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 9 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 25 20 OS at San Juan Capistrano, California. Developer By: Paul Kristedja Vice President KPRS Construction Services, Inc. Approved IF oym: By: John S w City Attorney City of San Juan Capistrano By: Nasser Abbaszadeh Engineering and Building Director 0 EXHIBIT "A" Ortega Ranch LLC 31441 Avenida Los Cerritos L 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) 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 ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx WWW.sanfuancapistrano. 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: WHIRRED AAIAIIISID II 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 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 Ci PnnA•a on A oox recy<letl vaaa• qpr 15 2005 4:36PM KPm • • Bond No. PERFORMANCE19OND SU 1013488 KNOW ALL MEN BYTHESE PRESENTS, that KPRS CONSTRUCTION SERVICES, INC. 2850 4Saturn St., Brea, CA. 92521 as Principal (hereinafter called " "ContMactor"), and ARCH INSURANCE COMPANY as Surlbty (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capis"o, as obligee (hereinafter called "City'), in the amount of THREE -HUNDRED -ELEVEN - THOUSAND, FORTY -THREE -DOLLARS & NO/100 pQllar$($� 311,043.00 t —�' for payment whereof Contractor and Surety bind themselves, their' hers; executors, adminiOtrators, successors and assigns, jointly and severally, fairly by these presents... WHEREAS, Contractor has, bywritten agreement dated April 14, 2005 enthre4 into a (describe agreement): - GRADING PERMIT FOR ORTEGA RANCH which cFuntract is, by reference, made a part hereof. "OW, THEREFORE, the condifion of this obligation is such that, if Cbntrastor shall prompti� and faithfully perforin said agreement, then this obligation shall be null and void; otherwi*i¢ it shall remain In full force and effect. Surety waives whatever legal right it may have to require 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 specifier# there shall be included costs and reasonable expenses and fees, including reas6na4.e attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. c4nyfl�resxom�ywzrtoma„ceHonasvpd -1- RELEAS City CN City of pr 2. Said Surety, for value received, hereby stiputatesand agrees that nochange, exteqIsion of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligations or this bond,.and it does heraVy waive notice of any such change, extension of time, alteration or rnodificaiion of the conttpct documents or of work to be performed thereunder. ExeWtedthfs 18thdayof April •200 5 at Jacksonville, Florida APPAbvEn AS (Rift tlltX PRINCIPAL KPRS CONSTRUCTION SERVICES,INC. TION AND SEAL) Attorney SURE ARCH INSURANCE COMPANY (NOTARIZATION AND SEAL) James C. Congelio, Attorney -in -Fact Sworn to and subscribed before me this 18th Day- of April, 2005 Notary Public State of Florida ?OM S. LOBRANO, :II .4* NotaryPublic,StateofFlorida 1 i My comm. expires Oct. 30,2W6 Comm. No. DD 143563 aMyxresya�,ns�Perfomrance9o�C eyY'� -2- 05now CALIFORNIA ALL-PURPILIpE ACKNOWLEDGMENT State of County of On h' p2t l N 6UJo before me, LAAJir. K -106i Nhj Alla iV bll v clue me am Title of Officer (e.g,'Jane Doe, otary PuQV personally appeared (�oC�fcri56u Name(s) of Signer(s) r L,-<ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(( whose namej�j, is/* subscribed to the within instrument and acknowledged to me that he/"/nay executed the same in his/wtxlr authorized capacity), and that by his/Xrr/tl'* signaiturqpf on the instrument the person, or the entity upon behalf of which the person JULIE R. YOST 11 acted, executed -the instrument. Commission A 1310745 i Notary Public - Califomia 7 Orange County WITNESS;tny p`and and official seal. My Comm. Expires Jun 26,2005 Signa rb of Notary Public OPTI NAL Though the information below is not required by law, it may prove' 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 1 05 Number of Pages: Zq Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: dt i `Jr SI ❑ Individual ,;,<Corporate fficej L Title(s): C6idcatl ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01996 National Notary Association • 8236 Remmet Ave., P.O. Box 71114 • Canoga Park, CA 91309-7184 Pratl. No. 5907 Reonjec Call Toll -Free 1 -BW -876-8827 • 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 at( 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 pursuande of these presents shall be as;binding upon the said Company as, fully and amply to all intents and purposes, as if the some had`60eri 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 attomeys-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. 0 ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949)493-1053 FAX www.sanjuancapistrano.org November 13, 2007 Arch Insurance Company One Liberty Plaza, 53`d Floor New York, NY 10006 Re: Release of Bond: Bond Dear Sir or Madam: 11[IINIRFI • anusslR � 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NEILSON JOE SOTO DR. LONDRES USO This letter is to inform you that the following bond issued for KPRS CONSTRUCTION SERVICES, INC. Grading Permit No. 49277, related to APN 650-151-22 AND 650-151-11, commonly referred to as 31441 Avenida Los Cerritos, San Juan Capistrano, California. BOND NO. PURPOSE AMOUNT SU 1013488 Performance Bond 311,043.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Arch Insurance Company from any and all liability under the abovementioned bond number. The original released document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, MMC as noted cc: (Letter copy only) KPRS Construction Services, Inc. (2850 Saturn St, Brea, CA 92821; Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future Ci vdome � sooss �scNa veva 'Apr 15 2005 4: Band 6.: SU 1013488 PERFORMANCE BOND KNOW ALL MEN 13YTHLSE PRESENTS, that KPRS CONSTRUCTION SERVICES, INC. 2850 Saturn St., Brea, CA. 92821 as principal (hereinafter called "COntf,$Ctor"), and ARCH INSURANCE COMPANY . as Sutlbty (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistjjano, as obligee (hereinafter called "City'), in the amount of THREE- HUNDRED- ELEVEN- THOU$AND, FORTY -THREE -DOLLARS & NO/100 311,043.00 — - _ _ - Dollars ($ ) for paylment whereof Contractor and Surety bind themselves, their' heirs; executors, administrators, successors and assigns, Jointly and severally, fairly by these presents, WHEREAS, Contractor has, bywrittenagreement dated April 14, 2005 enterej into a (describe agreement): GRADING PERMIT FOR ORTEGA RANCH Which tVntract is, by reference, made a part hereof. "OW, THEREFORE, the condition of this obligation is such that, if Cbntractor shall promptIA and faithfully perforin said agreement, then this obligation shall be null and void; ofherwisp it shall rerhain In full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. Bl� IT FURTHER RESOLVED, that: t . 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 attorneys fees, incurred by City in successfully enforcing such obligation, all to be w4d as costs and included in any judgment rendered. RELEAS cbrr,�esvom�lpwerron;,anceeond.+.ad -1- Date:_-.-- City Gu City of 2. Said Surety, for value received, herebystipuiatesand agrees that nochange, tette.0sion of time, alteration, or modification of the contract documents, or of the work to be p*rformed thereunder, shall in anyway affect its obligations or this bond,.and'it does herety waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. Execdtedthis 18thdayof April 2105 at Jacksonville, Florida ($itlitl�lltiX vwymasu m werrom2noesoncLwpd PRINCIPAL KPRS CONSTRUCTION SERVICES,INC. SURE ARCH INSURANCE COMPANY (NOTARIZATION AND SEAL) James C. Congelio, Attorney--in-Fact Sworn to and subscribed before me this 18th Day- of April, 2005 Notary- Public State of Florida VOM S. tOBRAN0. III Notary Public, State of Florida MV comm. expires Oct. 30, 2008 R; Comm. No. DD 143583 -2- 05M 0100 CALIFORNIA ALL -PI 7ersonally On 1pal) Plot, ACKNOWLEDGMENT before me, and Title of Officer (e.g., "Jane Doe,/Notary Public") f,B'`ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(, whose name is/4 subscribed to the within instrument and acknowledged to me that he/"Iffxy executed the same in hisl`Wtl(t authorized capacityW, and that by his/Xrr/0A signatures on the instrument the _ person%, or the entity upon behalf of which the person;4 J JULIE R. YOST acted, executpdrhe instrument. Commission81310745 t z Notary Public - California WITNESS. nd and official seal. Orange County My Comm. Expires Jun 26.2005 Signa of Notary Public OP TI SIAL Though the information below is not required by law, it may prove' 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 1 E)- 0.5 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: dl vt S ❑ Individual „Corporate ffice(( L Title(s):rc6; dcn t ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1996 National Notary Association •8236 Remmet Ave., PO. Box 7194 • Canoga PaM, CA 91309-7184 Prod. No. 5907 Reorder Cell Toll -Free 1-600-876-6927 I* POWER OF ATTORNE9 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 Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as;binding upon the said Company as fully and amply to all intents and purposes, as if tRe some had,V"' ri ditly,exe0uted 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 ful(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 attomeys-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 in U.S.A. ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH 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. Best's Rating Center - Company Information for Arch Insurance Compann Page 1 of 2 Rating Center View Ratings: Flnancial.Strength Search Arch Insurance Company (a member of Arch- Insurance Group) A.M.Best #: 03186 NAIC #: 11150 Address: One Liberty Plaza, 53rd Floor New York, NY 10006 Best's Ratings Issuer Credit Securities Advanced FEIN #: 430990710 Phone: 212-651-6500 Fax: 212-651-6499 Web: www.archiinsurange.com Other Web Cei select One Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to polic Rating Methodology Industry Research Ratings Definitions Search Bests Ratings Press Releases Related Products ►j Industry & Regional Country Risk How to Get Rated I Contact an Analyst I Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: r (Reinsured) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: August 02, 2007 * Denotes UnderRe_v_iew Best's Ratings Issuer Credit Ratings View Definiti Long-Term:a Outlook: Stable Action: Affirmed Date: August 02, 2007 Reports and News Visit our NewsRoom for the latest news and _press .releases .. for this company and its A.M. 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AMB Credit Report , BusinessProfessional -provides three years of key financial data pre lv' colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rational from our Business Review commentary. Data Status: Contains data compiled as of 11/6/2007 (quality Cross Checked). Best's.Key Rating-Guide_P_resentation Report- includes Best's Financial Strength Rating a r as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty_Ce_nter. Premium -Data _&_Reports Best's Key_Rating Guide.-._P_/C US & Canada Best's StatementFile P/C, US Best's Statement File - Global http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=3186&AItSre= I &Alt... 11/13/2007 0 0 MEMORANDUM November s, 2007 TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Engineering & Building Director / Y _ 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