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.
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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
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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
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Long-Term:a
Outlook: Stable
Action: Affirmed
Date: August 02, 2007
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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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Data Status: 2006 Financial Data (Quality Cross Checked).
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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