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31202-2 LQ Quail Run OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 31202-2 Development: Rancho Santana Developer/Owner: La Quinta Quail Run, LLC (Former Desert Cheyenne, Inc.) Bond Company: Arch Insurance Company 135 N. Los Robles Avenue Pasadena, CA 91101 Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance SU5013317 $1,� Replaced w/ Rider 4/03/2008 $274,101 rider Labor & Material SU5013317 $1,118,820 Cash Deposit n/a $1,000 Refunded by Finance 9/14/2010 ref 012668 ✓ ' ARCH INSURANCE COMPANY Bond Number: SU 5013317 ENDORSEMENT To be attached to and form a part of PERFORMANCE Bond, issued by the undersigned company, as Surety on behalf of LA QUINTA QUAIL RUN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY as Principal, in favor of THE CITY OF LA QUINTA as Obligee, Effective MARCH 26, 2008, the Principal and the Surety hereby agree to amend the attached bond as follows: AMEND BOND AMOUNT ON PERFORMANCE BOND TO READ AS FOLLOWS: FROM: One Million One Hundred Thirty -Two Thousand Eight Hundred Thirty & No/100 dollars ($1,132,830.00) TO: Two Hundred Seventy -Four Thousand One Hundred One & No/100 dollars ($274,101.00) All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, DATED: APRIL 3, 2008 LA QUINTA QUAIL RUN, LLC, A H INSU CE COMPANY A CALIFORNIA LIMIT COMPANY (Surety) (Principal) By: By: D.J. PICARD, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVENUE #825, PASADENA, CA 91101 PHONE (626) 639-5200 • FAX (626) 639-5210 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On APRIL 3, 2008 before me, CYNTHIA S. WOZNEY. NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared D.J. PICARD Names) of Signer(s) CYNTHIA S. WOZNEY COMM. #1670733 rr Notary Public -California U W ' ORANGE COUNTY v "Comm. Exp. Jute 25, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name( is/wg subscribed to the within instrument and acknowledged to me that hehttteif executed the same in his/kaftRixauthorized capacity(ies), and that by his/>iaixsignature($) on the instrument the person(a), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my nd and offici seal. Signature Sign{ature of otary Pu II OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ENDORSEMENT Document Date: APRIL 3, 2008 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D.J. PICARD ❑ Individual Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General W1 Attorney in Fact ❑ Trustee L.__i Guardian or Conservator El Other: Signer Is Representing: ARCH INSURANCE COMPANY Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer----Title(s):.,____ El Partner — Cl Limited ❑ General ❑ Attorney in Fact Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: �-st:`�S�`�^u:`��'�,�>�:�cra�'� 4�>`�>`u>`�c�-`ct: Ct>�`cZ.`CL• ` . _ . _ • .:::'`�t�"``e �.`�:`�.�.`�C;'�.�`_-c">�.�,`�t>' 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • wrnv.NationalNotary.org Item 95907 Reorder Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D.J. Picard, Beata A. Sensi and Cynthia S. Wozney of Orange, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings 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 been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,,.Missoub, 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. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. TERRORISM RISK INSURANCE ACT OF 2002 STATUS NOTICE TERRORISM COVERAGE PROVIDED UNDER THIS BOND The Terrorism Risk Insurance Act of 2002 established a program within the Department of Treasury under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act has been reauthorized excluding coverage which is the subject of this bond. Since the federal Program has been modified, you will have no coverage for certified acts of terrorism as was previously required under the Terrorism Risk Insurance Act of 2002. If you have any questions, please contact your insurance broker or agent. This Notice does not form a part of your bond. If there is any conflict between this Notice and the bond (including its endorsements), the provisions of the bond (including its endorsements) apply. 00 MLT0035 00 01 06 Page 1 of 1 BOND NUMBER: SU5013317 PREMIUM: $22,657.00 SUBDIVISION IMPROVEMENTS Parcel Map NO. TRACT NO. 31202-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. TRACT NO. 31202-2 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and LA QUINTA QUAIL RUN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Parcel Map No. TRACT NO. 31202-� is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum Of ONE MILLION ONE HICRED THIRTY-M TH7USAND Elm H.t m THIRTY-- DOLLARS ($ 1 ,132,830.00--- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been d ly on MARCH 7 2005 LA Q INT A CA IFd (Seal) by the principal and surety above named, L RUN, LLC, IMITED LIABILITY COMPANY LOPMENT CO., AS MEMBER Principal PAUL M. EHLINE, PRESIDENT Title of Signatory ARCH INSURANCE COMPANY Surety (Seal) Signature of Surety D.J. PICARD, ATTORNEY -IN -FACT Title of Signatory 135 N. LOS ROBLES AVENUE #825 PASADENA, CA 91101 Address of Surety 626-639-5200 Phone # of Surety MIKE CUNDIFF Contact Person For Surety F201 - Performance Bond Page 2 of 2 State of California CALIFORNIA ALL-PURPOSE Countyrof _ZlVeY�21Je-, SS' CERTIFICATE OF ACKNOWLEDGMENT On uriA 1, before me, OSJk til . POi.LAIII , N i PUZL-t C, , Date Printed Name of N tary Public personally appeared Rul ki, (j ny , � Printed Name(s)of Signer(s) V personally known to me - or - ❑ proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA M. POLLARD 1;;t.SZ*"C0nVnhdon # 1532847 MOfty Pubrc - ccooeiia Rk*fdde C,oludy 14b.kVC=w bow Doc 9.2004 WITNESS my hand and official seal. Signature of Notary Public (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, n couid prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of V-+oirna 16i;��0nct containing 2 pages, and dated k Ar ? -t 000— The signer(s) capacity or authority is/are as: ❑ Individual(s) Vtorney-in-Fact rporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: 41,Ac, Oeytloeme4 & Name(s) of Person(s) or Entity(ies) Signer is Representing ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Other © Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 3-7-2005 DATE personally appeared before me, D.J. PICARD CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskm subscribed to the within instrument and ac- knowledged to me that he/shxMW executed the same in his/bap/t authorized capacity(i, and that by his/fmmithuiR ,CYNTHIA S. WOZNEY signature(s)on the instrument the erson comm. #1362259 M + Notary Public -California (n or the entity upon behalf of which the ORANGE COUNTY persons acted, executed the instrument. My Comm. Exp. June 25, 2006 WITNESS my hand and official seal. SIGNATU OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tnu(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ARCH INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TWO TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MARCH 7, 2005 N/A DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D. J. Picard and Beata A. Sensi of Orange, CA (EACH) its true and lawful Attorney(s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings 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 been 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. r3wb M W 144, 2,- . 41 I /a ii No. 08157 STATE OF CALIFORNIA �,..� DEPARTMENT OF INSURANCE -rAat+SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Arch Insurance Company of Missouri, organized under the laws of Missouri, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 15th day of December, 2005,1 have hereunto set my hand and caused my official seal to be affixed this 15th day of December, 2005. Fee $117.00 John Garamendi Insurance Commissioner Rec. No. Filed 12/15/2005 By Patricia K. Staggs for Richard D. Baum Chief Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of"original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 71h day of April, 2008. Steve Poizner Insurance Commissioner By 1 DU64, Pauline D'Andrea Fee S18.00 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Compliance I, Pauline D'Andrea, on behalf of the Insurance Commissioner of the State of California, do hereby certify that the Arch Insurance Company of Missouri, is duly licensed under the laws of the State of California, and is licensed by this Department to issue policies and transact the business of Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, Automobile, and Aircraft insurance. The Certificate of Authority is for an indefinite term but shall expire with the expiration or termination of the corporate existence of the holder thereof. Notwithstanding the foregoing, the Certificate of Authority may be suspended, revoked, or surrendered in the manner provided by statute. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Insurance Commissioner to be affixed this 7th day of April, 2008. Steve Poizner Insurance Commissioner By �0. y ,A Pauline D'Andrea Company Profile Page 1 of 2 Company Profile ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800-821-5546 Former Names for Company Old Name: FIRST AMERICAN INSURANCE COMPANY DBA Effective Date: 11-06-2002 AMERICAN FIRST INSURANCE COMPANY Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Pro..c. ss? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California License Status: Company Type: State of Domicile: 11150 1279 3005-6 July 19, 1985 UNLIMITED -NORMAL Property & Casualty MISSOURI Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY . • I I .. 1 .1 m TT_ /-An All car Ann Company Profile Page 2 of 2 MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - March 12, 2008 07:19 PM Copyright © California Department of Insurance httn://intP.rA('tivP weh inciiranrP ra — , —f' „+1 --+ ^- UTTN-4-7nn n iI c i)nno BOND NUMBER: SU5013317 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Parcel Map No. TRACT NO. 31202-2 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. TRACT NO. 31202-2 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and LA QUINTA QUA L RUN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Parcel Map No. TRACT NO. 31202-2 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ONE M I LL I ON ONE HUNDRED El GHTEEN THOUSAND E I GHT HUNDRED TWENTY--- DOLLARS ($ 1 ,118,820.00--- ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been mqe ted ythe principal and surety above named, on MARCH 7 2005 .LA QURUN,LLC, A A� IMITED LIABILITY COMPANY BMa l LII E ELOPMENT CO., AS MEMBER (Seal) * Sign re of Principal PAUL M. EHLINE, PRESIDENT ARCH INSURANCE COMPAN BY: D.J. PICARD, ATTORNEY -IN- ACT 135 N. LOS ROBLES AVENUE #825 PASADENA, CA 91101 626-639-5200 F202 - Labor and Material Bond Page 2 of 2 State of California CALIFORNIA ALL-PURPOSE County ofss' CERTIFICATE OF ACKNOWLEDGMENT On r.L�) ZU D , before me, r P'D(taud ucfLtvRioic"— Printed Name of 1,1otary Public personally appeared EALti P, 54A1(r7t-- [r�rsonally known to me - or - ❑ proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) Printed Name(s) of Signer(s) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RM M. POLLARD Can *don # 1 S32"7 INolary ft"C - coom lb RMnidn Cou*L9 — RVC*nmECM Doe 9. 2004 —MV—.W—MVUNWIM V W W W (Seal) WITNESS my hand and official seal. OPTIONAL INFORMATION Signature of Notary Public Although the information in this section is not required by law, it couid prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of _a-Lgi containing % pages, and dated ma'a, The signer(s) capacity or authority is/are as: ❑ Individual(s) Vorney-in-Factrporate Officers) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: NA6-Z i 1AL3 rheY&' 1 Name(s) of Person(s) or En ty(ies) Signer is Representing m Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 3-7-3005 DATE before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared D.J. PICARD NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskm subscribed to the within instrument and ac- knowledged to me that he/sixth executed the same in his/±trAtmft authorized J4 J�,u capacity"r;), and that by his/ixedthBix C t� s wowEy signature(s) on the instrument the person' C.OMV,. #1362259 TY% t :? NJk3Ty(,Ubi(o.a✓a(liorni�, or the entity upon behalf of which the ORANGECOL►N°l person( acted, executed the instrument. � WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ARCH INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND TWO TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MARCH 7, 2005 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D. J. Picard and Beata A. Sensi of Orange, CA (EACH) its true and lawful Attorney(s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings 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'been 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. 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.