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2008-44771 L~~OC # 9;_008--0044771 11111111111 ill 1111111i 1111111111111 !1111 Viii Nil 1111111 111111111111 !11111 ill! 11111 JAN 20, 2008 4:20 PK1 OF-F!ClFFCjF; ' N [!1E111.11UN1 i `iL iFDtC1FHi When Recorded Mail To: ~F _,r,ii H I_! ire 1 14; ~;r F r E._. u0l PAGES: 3 istrict SDan Dieguito Water District II IIII! 111~II Iiilili!I IIIli 111111 Hill ~~~~11111II 1111I111f 505 South. Vulcan Ave. ) Encinitas, CA 92024 For the Benefit of the District M~ NOTICE OF COMPLETION Assessor's Parcel Nos. 258-370-52 Agreement No. A-0079 1. Encinitas Bracero Ventures, LLC,ventered into an agreement for the benefit of the San Dieguito Water District. The "Agreement to Improve Development - Water Facilities" was entered into on January 25, 2006. The Agreement detailed the requirements for the construction and installation of a public water system and appurtenances, within the property located at 840 Bracero Road, Encinitas, CA. 2. Said Agreement, including the plans and specifications for said improvements, is on file in the Office of the Clerk of the Board of Directors. 3. Said improvements were completed by the owners and accepted by the San Dieguito Water District Board of Directors on the 23th day of January, 2008. 4. The Encinitas Bracero Ventures, LLC posted Cash Security in the amount of $ 5,000 and a Bond in the amount of $15,000. The bond amount of $15,000 may be released at this time. The District will retain Cash in the amount of $5,000 minus additional inspection cost incurred during the construction. The remaining deposit shall be released at the end of the one-year warranty period. 5. All requirements of said Agreement have hereby been satisfied except for warranty. 6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a waiver of any defects in the work of the construction or installation of said improvements. SAN DIEGUITO WATER DISTRICT awrence A. Watt General Manager VERIFICATION OF BOARD CLERK I, the undersigned, say: I am the Board Clerk of the San Dieguito Water District; the Board of Directors of said District on January 23, 2008, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 23, 2008, at Encinitas, California. SAN DIEGUITO WATER DISTRICT Deborah Cervone Board Clerk I, Deborah Cervone, Clerk of the San Dieguito Water District, a political subdivision of the City of Encinitas, County of San Diego, State of California, which is the owner of the public work described within the Notice of Completion executed by said San Dieguito Water District, do hereby certify that I have read the same and know the contents thereof and that the facts therein stated are true to the best of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I make this verification for and on behalf of the San Dieguito Water District. Date: eborah Cervone, Board Clerk STATE OF CALIFORNIA) ) ss County of San Diego) On this p? 41 '4* day of , 20 D 9 before me, the undersigned, a Notary Publ c in and or said State, personally appeared Deborah Cervone, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument as Board Clerk of the San Dieguito Water District pursuant to its by-laws or a resolution of the Board, 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 hand and official seal. Notary P lic signa re SEAL M I RANDA G. MILLJOUR 1 Conxaissiea •170M64 t. No h > Sia Dille COMY My Commission Exp. Jan. 6, 2011 RANDA G. MILLJQUR Commission M1708664 A !Ar Exp. Jon. 6, 2011 SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: January 23, 2008 TO: Board of Directors VIA: Phil Cotton, District Secretary Lawrence A. Watt, General Manager FROM: Blair A. Knoll, Associate Civil Engineer SDWD Engineering & Planning Department SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for Improvements Constructed by Encinitas Bracero Ventures, LLC, c/o Curtis Development Corporation, for Property Located at 840 Bracero Road, Encinitas. (APN: 258-370-52) BACKGROUND: On January 25, 2006, Encinitas Bracero Ventures, LLC owner of property at 840 Bracero Road entered into an "Agreement to Improve Development - Water Facilities" for the benefit of the San Dieguito Water District. The Agreement detailed the requirements for the construction of public water improvements. The developer has completed the construction of the public water improvements and has submitted "As-Built" drawings to the District. ANALYSIS: The public water improvements were constructed in accordance with District approved plans and specifications, under District inspection. A 25% retention of security will be held for one year to cover warranty of water improvements. FISCAL AND STAFF IMPACTS: Future expenses will be incurred by the District for the maintenance of the new water improvements. Funds to cover the cost of said maintenance are collected through the sale of water. RECOMMENDATION: Accept public water improvements and authorize the General Manager or his designee to file a "Notice of Completion" for improvements constructed by the Encinitas Bracero Ventures, LLC for the property located at 840 Bracero Road, Encinitas. Attachment A: Notice of Completion N!,I 1.',Ef ";old )~i4tii 77 a ;Lt C)F~'i' 1 ` 'v',TFI C r;i.1N I r ~-r_C ~ ~ f cl~ A"d l1lE~iJ; r~t1NlY f,k_(:Ci ,u~F'._ .)Fr u~~ When Recorded Mail To: ) , M F 4,2o r 'M District Clerk ) San Dieguito Water District ) 505 South. Vulcan Ave. ) Encinitas. CA 92024 ) For the Benefit of the District NOTICE OF COMPLETION Assessor's Parcel Nos. 258-370-52 Agreement No. A-0079 0 r, I. Encinitas Bracero Ventures, LLC,ventered into an agreement for the benefit of the San Dieguito Water District. The "Agreement to Improve Development - Water Facilities" was entered into on January 25, 2006. The Agreement detailed the requirements for the construction and installation of a public water system and appurtenances, within the property located at 840 Bracero Road, Encinitas, CA. 2. Said Agreement, including the plans and specifications for said improvements, is on file in the Office of the Clerk of the Board of Directors. 3. Said improvements were completed by the owners and accepted by the San Dieguito Water District Board of Directors on the 23t' day of January, 2008. 4. The Encinitas Bracero Ventures, LLC posted Cash Security in the amount of $ 5,000 and a Bond in the amount of $15,000. The bond amount of $15,000 may be released at this time. The District will retain Cash in the amount of $5,000 minus additional inspection cost incurred during the construction. The remaining deposit shall be released at the end of the one-year warranty period. 5. All requirements of said Agreement have hereby been satisfied except for warranty. 6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a waiver of any defects in the work of the construction or installation of said improvements. SAN DIEGUITO WATER DISTRICT awrence A. Watt General Manager VERIFICATION OF BOARD CLERK I, the undersigned, say: I am the Board Clerk of the San Dieguito Water District; the Board of Directors of said District on January 23, 2008, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 23, 2008, at Encinitas, California. SAN DIEGUITO WATER DISTRICT Deborah Cervone Board Clerk I, Deborah Cervone, Clerk of the San Dieguito Water District, a political subdivision of the City of Encinitas, County of San Diego, State of California, which is the owner of the public work described within the Notice of Completion executed by said San Dieguito Water District, do hereby certify that I have read the same and know the contents thereof and that the facts therein stated are true to the best of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I make this verification for and on behalf of the San Dieguito Water District. Date: Deborah Cervone, Board Clerk STATE OF CALIFORNIA) ) ss County of San Diego ) On this day of , 20 00' before me, the undersigned, a Notary Publ c in and for said State, personally appeared Deborah Cervone, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument as Board Clerk of the San Dieguito Water District pursuant to its by-laws or a resolution of the Board, 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 hand and official seal. Notary P lic signs re SEAL I♦ RANDA G. MILWOtO ' Commission 01RN Notary {Oi C, San _ ~-Mv Commission Exp. Jan. 1, 2011 RANDA G. MILUOUR Coaanission 017095114 < Notary f1uWk • CaWomiay San Oleo County A Z.~........Ex'pMJatt. 6, 2011 SAN DIEGUITO WATER DISTRICT 160 CALLS MAGDALENA ENCINITAS, CA 92024 PHONE: (760) 633-2709 FAX: (760) 436-3592 March 5, 2009 Encinitas Bracero Ventures, LLC c/o Curtis Development Corporation 40925 County Center Drive, Suite 100 Temecula, CA 92591 Attention: Bob Perkins Re: Water Capacity Credits, 840 Bracero Drive The District will no longer be able to hold capacity credits for the 840 Bracero Drive project and must be used before April 30. The following condition was applied to project TM 03-018: Condition SCB 1. The subject property is currently being served by a 2" water meter. Upon development, each parcel will be required to be individually metered. The owner may downsize the existing 2" meter and apply capacity credit toward the installation of new meters. All meters that will receive capacity credit must be paid for and installed at one time. Prior to map recordation, the owner is required to provide the District with written statement indicating which lots will receive capacity credits. To date the project installed two 1" water meters and used the following credits. Your development had the following capacity credits: SD WD 2" meter Credit: $17,160.00 CWA 2" meter Credit: $23,358.00 Credits Used: SDWD 2- 1" meter $10,560.00 CWA 2- 1" meter $14,376.00 Remaining credit: SDWD $6,600.00 CWA $8,982.00 g:/sdwd/improvement letter/Bracero Water Improvement No Credit Letter.doc The remaining credits can be used toward capacity fee for 2- dual meters (I" fire & 3/" domestic). Installation charges are $480.00 each, with a bi-monthly service charge of $31.33 per meter. The remaining capacity fee credit must be used by April 30, 2009, or it will be lost. The District has declared a Stage 1 drought alert. Upon the declaration of a Stage 2 drought alert or greater the District will no longer issues water meters without additional capacity offset costs. These costs have not been determined at this time. Currently, your project can install the two dual meters now since there are capacity credits. The remainder lots will need building permits prior to any other issuance of water meters. If a Stage 2 drought alert is declared it is possible the District will not issues any water meters. Please contact me at (760) 633-2793 to discuss your intention for the project. Thank you. Sincerely, Blair A. Knoll, PE, PLS Associate Civil Engineer San Dieguito Water District g:/sdwd/improvement letterBracero Water Improvement No Credit Letter.doc minimum of b feet wide and shall have a maximum longitudinal slope of 2%. The hydraulics calculations shall demonstrate that a minimum travel time of 9 minutes is maintained for the runoff prior to discharge from the project site. If an additional drainage system is not provided to carry the runoff generated by a 100- year storm, the bio-swale shall be designed with adequate capacity for this runoff. 5. Based on a hydrology study prepared by Pasco Engineering, the post-construction runoff rate will be less than the pre-development condition. Therefore, no detention basin will be required to mitigate the post-construction flows. SCB The owner shall comply with the following special conditions to the satisfaction of the San Dieguito Water District: 1. The subject property is currently being served by a 2-inch water meter. Upon development, each parcel shall be individually metered. The owner may downsim the existing 2-inch meter and apply capacity credit toward the installation of new meters. This shall be done prior to the sale of any lot. All meters that will receive capacity credit shall be paid for and installed at one time. Prior to Map recordation, the owner shall provide the San Dieguito Water District with a written statement indicating which lots will receive capacity credits. 2. The owner shall install the water system according to San Dieguito Water District standards and dedicate to the District the portion of the water system which is to be public. 3. The owner shall enter into a secured agreement with the San Dieguito Water District prior to Map recordation. 4. The owner shall dedicate to the San Dieguito Water District all necessary easements for that portion of the water system which is to be public water. 5. Water meters shall be located in front of the parcels they are serving and outside any existing or proposed travel way. Any cost for relocating water meters shall be the responsibility of the owner. b. The owner shall show all existing and proposed water facilities on the improvement plans and grading plans for San Dieguito Water District approval. 7. The owner shall comply with the San Dieguito Water District's fees, charges, rules and regulations. 8. The property frontage along Bracero Road is currently owned by the San Dieguito Water District. The City of Encinitas is working on the Grant Deeds required in order to accept the property as City right-of-way. If the granting of the property has not been completed, the owner shall obtain an encroachment permit for any work on the San Dieguito Water District property. 14 PB:MRH:G:Resos:RPC03-01 8TMDRCDPI10404 CITY OF ENCINITAS FY 08/09 CHECK REQUEST FORM Check Payable To Encinitas Bracero Ventures,LLC c/o Vendor No. Address Curtis Development Corporation Check if Misc. Vendor ❑ 40925 County Center Drive, Suite 100 State Zip Temecula, CA 92591 New Vendor? Yes ❑ No If Yes and not incorporated please enter Social Security # or Tax ID: Notes: c,( Refund of Security Deposit P \ V GENERAL PROJ. # BRIEF DESCRIPTION AMOUNT INV. # INVC. LEDGER # (25 Characters limit) DATE MM/DD 531-000-215-10-00 W06-021 Security Deposit $4,050.06 TOTAL $ $4,050.06 1 HEREBY CERTIFY THAT THIS CLAIM REPRESENTS A JUST APPROVED FOR PAYMENT CHARGE AGAINST THE CITY OF ENCINITAS REQUESTED BY Blair A. Knoll DEPARTMENTAL APPROVAL FINANCE DATE OF REQUEST March 4, 2009 DATE CHECK REQUIRED Next Warrant DATE i_ ® J1 2 o d R a CD CD CD o a CD N ^ O C) n a W 0 lzi p c' O o n cD On. CD CD CL 0 CD CD EL -1 i CD y o El "f I 'TJ 't CD 14. 0 t a a. a. 0. CD LA w w w w 00 ~y OOOO O O O O N 0 2 d c I ~ m/~ W ~ O O O O OD i-+ W W W W i gyp.., 0 ~c~~~ 3 0 Q► O o ~o -p 00 IDN G O O O O ~ O O O O ~ ❑ ❑ ❑ Al ~ a ~ o a 00~ ~ ~d d o ~ rn o~ a d y fir. z ON N Q e7 (D o o max. CD ffDD C~J N d y n z d ~C a: o 0 CD CD Aw CD co N it 51 Al ('1 on 0 A do a CD a o TQ o 0 1: M x d cr W ~ eD d ' 00 0 CD (D O O r(A O y z d g a ~ o W o °o` 0 a ° d GM180I02 CITY OF ENCINITAS 3/04/09 Project Master Inquiry 14:52:43 Project . . . . W06020 INSP DEP BRACERO SUB DIV Position to . . . Starting character(s) Type options, press Enter. 1=Select Opt Account number Budget Actual Balance _ 531-0000-215.40-00 0 1,500.00- 1,500.00 _ 531-5316-531.01-00 0 1,448.53 1,448.53- 531-5316-531.11-00 0 288.37 288.37- 531-5316-531.14-00 0 91.25 91.25- 531-5316-531.17-00 0 128.04 128.04- 531-5316-531.18-00 0 3.76 3.76- Pre-encumb: .00 Encumb: .00 2009 YTD: .00 Pending: .00 Budg: .00 PTD: 459.95 Balance: 459.95- F3=Exit FS=Refresh F9=Misc. info Fll=Proj-to-dt F12=Cancel F17=Subset F18=Encumbrance detail F19=Project activity list StSb Q59,4S .Le'% airE Zaa9•at4 ,,gpo5t f ` Z 9 4e X14 T Wp~O,, b2b 45'poo ~ tQds~~ W b21 GM180I02 CITY OF ENCINITAS 3/04/09 Project Master Inquiry 15:14:23 Project W06021 SEC DEP BRACEO SUBDIV Position to . . . Starting character(s) Type options, press Enter. 1=Select Opt Account number Budget Actual Balance 531-0000-218.00-00 0 5,000.00- 5,000.00 Pre-encumb: .00 Encumb: .00 2009 YTD: .00 Pending: .00 Budg: .00 PTD: 5,000.00- Balance: 5,000.00 F3=Exit FS=Refresh F9=Misc. info Fll=Proj-to-dt F12=Cancel F17=Subset F18=Encumbrance detail F19=Project activity list SAN DIEGUITO WATER DISTRICT CAPACITY CHARGE WORKSHEET SAN DIEGO COUNTY WATER AUTHORITY REIMBURSEMENT Date: 3/19/2008 " li - Ce "'BA* Customer Name: Encinitas Ventures,LLC Bob Perkins Service Address: 840 Bracero Road Encinitas, CA 92024 Telephone Number: bgerkins(a-curtishomes.net 951-296-1101 Account Number: W06-020 Meter Number: 93006923 Service Number: Meter Size: 2" Credits for Existing System Capacity Water Treatment Meter(s): Loc. ID Meter Size: Charge Capacity Charge 840 Bracero Rd 37038 2" $ 22,495.00 $863.00 $ 23,358.00 Total Credits $ 23,358.00 New Water Meter(s): 890 Bracero Rd 37038 1" $6,922.00 $266.00 $7,188.00 904 Bracero Rd 37037 1" 6,922.00 266.00 $7,188.00 Total Payable $14,376.00 Total Payment to SDCWA $ (8,982.00) Keep remaining credit for other lots on this project. SDCWA Credit $8,982. SDWD Credit of $6,600. J:\SDWD\ENG\FORMS\capacity charge sheet CWA 840 Bracero Rd.xls Date Printed: 6/5/08 Time Printed: 9:52 AM SAN DIEGUITO WATER DISTRICT 505 South Vulcan Avenue Encinitas, CA 92024 (760) 633-2650 METER SERVICE APPLICATION Request Number: 63140 LOCATIONID 37037 Service No.: APN 258-371-26-00 Service Address: 904 BRACERO RD LOTNUMBER Application Date: 3/19/2008 2:45:51 PM METER SIZE 1" Code: INSTWATMET RATECLASS Single Family Associated WO Number: 68095 INSTALLED OPEN OR SEALED Open BACKFLOWREQUIRED? No # UNITS TO BE SERVED 1 Caller Information Call Number Name Home Address Home Phone 63131 ENCINITAS VENTURES, LLC 40925 COUNTY CENTER DR TEMECULA 92591 1 understand that water service will be furnished and used in accordance with the rules, regulations, and ordinances of the San Dieguito Water District, and I further understand that the District does not in any manner guarantee continuous delivery of water on demand nor does it assume any responsibility for damages which may occur due to a interruption of water delivery. In addition, I understand that the District can not assume the responsibility for pressure regulation and recommends that the Property Owner conforms to the applicable plumbing code (City or County) to safeguard his water system whenever pressure regulation is necessary. I further understand that I must comply with the regulations of the Department of Health, State of California, in the use of water and particularly with the "Cross Connection Regulations." Water meters and laterals to meters from the District's distribution lines are the property of the District. Applicant's Signature Authorized Agent's Signature Rate Classification (check one): Single Family ❑ Multi Family ❑ Agriculture ❑ Landscape/Dom ❑ Landscape/Comm ❑ Landscape/Govt ❑ Dom/Ag-SF ❑ Dom/Ag-MF ❑ Comm ❑ Fire ❑ Public ❑ Govt ❑ Number of Units to be served Meter size (check one): Installed: BackJlow: F3/4" 1" 1 1/2" 2" 3/4 x 1" Dual Open Sealed Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Fee Summary Installation Fee SDWD Capacity Fee SDCWA Capacity Fee Date paid Cost Receipt # Credit Taken by: Total Total Fee/installation remarks: Comments: I:AGIS\Cityworks\templates\MtrAppSR.dot Page lof 1 6/5/2008 9:52 AM Date Printed: 6/5/08 SAN DIEGUITO WATER DISTRICT Time Printed: 9:49 AM 505 South Vulcan Avenue Encinitas, CA 92024 (760) 633-2650 METER SERVICE APPLICATION Request Number: 63139 LOCATIONID 37038 Service No.: APN 258-371-27-00 Service Address: 890 BRACERO RD LOTNUMBER Application Date: 3/19/2008 2:29:06 PM METER SIZE 1" Code: INSTWATMET RATECLASS Single Family Associated WO Number: 68094 INSTALLED OPEN OR SEALED Open BACKFLOW REQUIRED? No # UNITS TO BE SERVED 1 Caller Information Call Number, Name }tome Address Home Phone 63130 ENCINITAS VENTURES, LLC 40925 COUNTY CENTER DR TEMECULA 92591 1 understand that water service will be furnished and used in accordance with the rules, regulations, and ordinances of the San Dieguito Water District, and I further understand that the District does not in any manner guarantee continuous delivery of water on demand nor does it assume any responsibility for damages which may occur due to a interruption of water delivery. In addition, I understand that the District can not assume the responsibility for pressure regulation and recommends that the Property Owner conforms to the applicable plumbing code (City or County) to safeguard his water system whenever pressure regulation is necessary. I further understand that I must comply with the regulations of the Department of Health, State of California, in the use of water and particularly with the "Cross Connection Regulations." Water meters and laterals to meters from the District's distribution lines are the property of the District. Applicant's Signature Authorized Agent's Signature Rate Classification (check one): Single Family ❑ Multi Family ❑ Agriculture ❑ Landscape/Dom ❑ Landscape/Comm ❑ Landscape/Govt ❑ Dom/Ag-SF ❑ Dom/Ag-MF ❑ Comm ❑ Fire ❑ Public ❑ Govt ❑ Number of Units to be served Meter size (check one): Installed: Backflow: 173/4" 1" 1 1/2" 2" 3/4 x 1" Dual Open Sealed Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Fee Summary Installation Fee SDWD Capacity Fee SDCWA Capacity Fee Date paid Cost Receipt # Credit Taken by: Total Total Fee/installation remarks: Comments: I:AGIS\Cityworks\templates\MtrAppSR.dot Page 1of 1 6/5/2008 9:49 AM Pagel of 2 Alberto Valdez From: Blair Knoll Sent: Friday, January 04, 2008 4:41 PM To: BPerkins@curtishomes.net Cc: Alberto Valdez Subject: 03-018 TM/DR/CDP/EIR 840 Bracero RD Capacity Fees & Credit Attachments: knoll-capacity-010408-1615.pdf Bob, The following San Dieguito Water District conditions apply to 03-018 TM/DR/CDP/EIR 1. The subject property is currently being served by a 2" water meter. Upon development, each parcel will be required to be individually metered. The owner may downsize the existing 2" meter and apply capacity credit toward the installation of new meters. This must be done prior to the sale of any lot. All meters that will receive capacity credit must be paid for and installed at one time. Prior to map recordation, the owner is required to provide the District with written statement indicating which lots will receive capacity credits. See attachment for capacity fees. SDWD Capacity Credit for 1- 2" meter (Loc. ID 10389) $17,160.00 CWA Capacity Credit for 1 - 2" meter (Loc. ID 10389) $23,358.00 SDWD Capacity Fee for 1 -1" meter $5,280.00 CWA Capacity Fee for 1- I" meter $7,188.00 There is a meter installation charge of $280 per meter. Therefore per the condition and policy to install the meters at one time, should you choose to install 4 - 1" meters to use all your credits, your fees would be: SDWD Capacity Fee for 4 -1" meter $21,120.00 - $17,160.00 = 3,960.00 CWA Capacity Fee for 4- 1" meter $285752.00 - $23,358.00 = 5,394.00 Capacity Fee Total $9,354.00 Meter installation cost for 4 meters = $1,120.00 Should you choose to install all 7 - 1" meters, your fees would be: SDWD Capacity Fee for 7 -1" meter $36,960.00 - $17,160.00 = 19,800.00 CWA Capacity Fee for 7- 1" meter $50,316.00 - $23,358.00 = 26,958.00 Capacity Fee Total $46,758.00 Meter installation cost for 7 meters = $1,960.00 1/8/2008 Page 2 of 2 As you can tell by the attached capacity fee list the 4-1" meter is far cheaper. This is a dual meter with a 3/" domestic meter with a 1" fire meter. Please give me a call to discuss. Blair A. Knoll, PE, PLS Associate Civil Engineer San Dieguito Water District 760.633.2793 bknoll@ci.encinitas.ca.us 89'C' RALAC-100 V-~ N16 1 L-) 4 1a 2 rh ~'YL ~~oo 9sz 1/8/2008 Page 1 of 1 Blair Knoll From: Blair Knoll Sent: Thursday, January 03, 2008 3:43 PM To: 'BPerkins@curtishomes.net' Subject: Release of Bonds, 840 Barcero Road, Encinitas Barcero Ventures Bob Perkins I have the release for bonds at my desk, usually we have someone from your company sign and accept it, then place a copy in our files. Also, as mentioned on the phone, there is a $608.98 deficit in the inspection account in which upon your agreement, we will just deduct that quantity from the remaining $5,000 cash deposit (which will be release in one year.) Therefore, $4,391.02 should be release in January of 2009. Most importantly the As-Builts need to be submitted from the engineer of work. The final As-Builts need to be on mylars. The notice of completion is scheduled for January 23. Please give me a call to arrange the As-Builts and bond release. Blair A. Knoll, PE, PLS Associate Civil Engineer San Dieguito Water District 760.633.2793 bknoll@ci.encinitas.ca.us 1/3/2008 I3ASCO ENGINEERING, INC. 535 NORTH HIGHWAY 101, SUITE A SOLANA BEACH, CA 92075 ' (858) 259-8212 WAYNE A. PASCO FAX (858) 259-4812 R.C.E. 29577 January 18, 2006 PE 1006 San Dieguito Water District City of Encinitas 505 So. Vulcan Avenue Encinitas, CA 92024 Attn: Gary Lee RE: 840 BRACERO RD (DWG: NO.9262-I ) To Gary: This letter is in regards to the relocation of two sewer laterals serving the approved subdivision located at 840 Bracero Road. In accordance with the conversation we had with you, we are relocating the proposed laterals in order to avoid separation conflicts with existing water improvements. The lateral serving lot 1 of the subdivision is to be relocated from station 9+74.31 (IE @ main = 271.29) to station 9+64.31 (EE @ main = 271.53). The lateral serving lot 3 of the subdivision is to be relocated from station 9+74.31 (IE @ main = 271.29) to station 7+44.84 (EE @ main = 271.53). We will revise the approved plans during the "As-Built" phase of the project if this is deemed acceptable by all. Please call if you have any questions or if more direction is necessary. Regards, "A .0 Brian Ardolino Senior Designer CC: John Parkhurst Duane Thompson Justin Suiter I Lc>c^-nL->Ks I+ i j STA.' 7+44.B4 _ mm N' I ~ V N I m n 0 i I I i i i b i ~o i I 'I STA: 9+64.31 r• SB9 58'44"E 3f5,29- mm c ti ~a Qt Z ~ N tis ~w m: y~ + y~ x ~m g Jan-?0-06 ?0:58am, From- . F OOai00; F Recording Requester' Bv: ~ Sari Oi.eguito Water Dist ict } Grvv h en PECarded ::ail to: } San Dieg7,iT .to water Dist ict j 505 South Vulcan A,.enue } Encinitas., -_A 92024 Cdr z,, S J. , AGREEMENT TO IMP OVE DEVELOPMENT - WATER >~'ACjj,,., a" 'E;; A REEMENT NO. A-0079 Assessor':, Farrel THIS AGREH~ NT is made and entered 2t 5 T ~,u v 2036, by anti h:etween S ~n Dieg Tito frJater U; 6: t rs_~ t 1 called District, and En ini,tas Lrace-z.0 Deve=opmer.t C0-pcrati 9259 OTi 4!1925 Count,/ C-L~r_~CjI'~ fir.. ...:itc .,;.x-`•, he--einaf ter call-- 1 Owner, . A. In he near Tutu-e, Oi n~T Ce~lleS t 0 1).st services Or and appurtenances to D1st1 c-- ",7, L iY: c peL = / 1. constructed . r, C • The z:arties desire by this e< - ^ CUns r pct on and cc'mt - 1eu_,on oZ su r I1..~ ;s. NOW THEREFORE, it ;s ac:reed: f-,rnish ' g - U Jr. s- r. 3 al 1 4.uX)-;-, p rte 1r1~C'_ } l l C 7 1:. a-id compete, a.7, 1ith___ a6 days r m District, _3 - -a aCCO - _ ~ in r' 1ng to -te J~ it 1:! t^U aL~tai :le cj L r Agreement, and In Di3 rict Exnib- t orb„' ,i f; lr a` t_ne, cz-ri(k' - t other pla~s or spe~=iiica -ons .refeired ,o i,_ IAc~ fo l --cwin7 5ubdivi!~ion 1TT rove:-;Rnts; w the a - ed plans anC ~iN i r aGi_ r c la i ~ - GE'' I 3 ,C7 , S r F• . _ t c Ci ~-Y 1ZE,.T. sans Ur, sti ?r i1 ..'_vil"t X j qtr . T ~ by this F~_rEewant Or ef: r17CCd to _4-1 the at'-,., A.r/ Ex Jt i t 'r it . L x . ._t alld B In1prC~~ement Sec,1rwt - L a - 3 of I'd T, I~ i Jan-1.9-06 10:58am From- t P 004/007 PAR 2. Owner agrees that the work shall be 'a "All or C--34 licensed contractor, and Wat } sh a l 1. subject to inspection b and to rhe satisfaction o Li the improvement shall of be deemed comp i e o until ' ' ie accepted in writing ~ ~'~~-c: and water facilities by he District. Tile. ~-:_imatn. t o said i 00 oul r} , l,wanty Musand dollars P20.000.00) :1'r nFL, ~)~),i n under this .greemeP. extends to the comp_.._z_.or. ~f ~ tJ" r; hereinabove set forth and s _ not limited by tie? amninit r = U.- cost estimate. owner further agrees - Li12t l-h'-' l-''J < LLL~. t an estimane only, t ntend t no ed to constitute liquidated d , or a limi cation c th ob j ,s t0 inspect P l i ~*dtiC.`'_ Or .J.tii~"':. still K--. allowed 71e facilities during all :`ag'_s r cons ruct__on. District shall be notified- a X.iril:.:1..Lilr rit prior to ---he commenceme t of construction. After c or,_ T._ticn of the facilities in accordance with t respecifications, =r;i nor less than 35 day: .l. the of Notice of Completion" by District; the foci ~ considered as donated - 1.i~..._ shall be, to District and shall be owned and operate-d P` ._y bistrict f acce _~;d by ri,3%ri Ct . not file a Notice of Completion unless they are :re:of mechanic's beers. Cwne shall furnish 1_r D15tl1Ct proof (ordinarily h form of a Ml e ccmpany repo.;) { znh C r.Y; . liens were filed agains the project prior the p._1<~+.l.,r. the lien period. r 3. Onnier shall Jay to District Agreement • . ~wr and prior r ; n r t work 1 _ i . amount of the cash deposit t forth - t,,.~ n` engir_eerirg, construction inspec 1 materials furnished ion, r~ ~ ~.t-ara~~ expenses, anS for other District work arld charges. a Owner shall Owner's , t expense, obtain all permits and licenses I for the C0:14tr-uct ion r, r - improvements and give all necessary notices and p all fees &nd taxes required by la°wr. S. The vo c _t. _ 1 ; a c e s connected by Owner to t*e r..-'.sting water lines of D in ;-A manner approved by - istrict. d It water facilities r E., constructed in private streets, the streets shall be c,'urb`>`' and/or constructed such that no damage to paving, st landscaping will result from full flow fire hydra .i" U G1 from failure of Wwc" 4's water nd/~ faCilrtiea. 1 ? _ a - or contractor ~nal_ sur,,.mit DieguitU tiJtlter D S~ a shutdown _ C:.C~k t co L i t1"_C' at east seven (7} c :l2n - , 2 Jan- 1-06 10:58am Frcm- r ?Gy'1.1 J s k advance o C a shutdown. A s eta; l ed list o_ personnel narciof s- adi. a t+per •fl so1 s shall also be Submitted to the Sari gul-~G j}~ procedure, including personnel, supervisors and be red app_,-o by the an Dieguito btiatF r Dis t l i t sChed,ilinq the shutdown The District can cancel approved shutdown due, to th y L r v~r~L ; e eath1C- ar . consi era;--ions. F11i_: or a Not-LcCe of Compl t on S", noL 17e accomplished until the ollow n;3 reau ] - . with: _ r; ir~Trc_ :C:ilL7 led a . ; All work has bee: completed . ' accoidc? nr plans and speci r; a ~ ons al" t - ~ flush with the s r eet surface and me' °r grade; j A set of Orlt 1_771a ~l].dI:S (MY c?'. ' L.`' , conwo: m with the` to the District. 8. he Iaa'v fF, c 1itaes 11 r t accor6anGe wit^ r c t in r 1F ant c rte' t 1 C) , Pieter vos is are nc,t : it C 1 A led i. the _ lt_ec~ `acill'ries and shall e pair v. O'• D? stric -a~_a S chedu' , as ~t fro: r` tt r~...+n for G,on3t'.ructlon pu- po--.s L:ll . be Y v CCd in dt t::-4LC K R.a es and R s A I 7. C(w s t r i c'- shall r.o nor s}- I a 1 . , k~ of Distr_C. c be 1= b1 e c r -porlsibl` f c? r c ; = 4 'S t damage rnr_;per 1 nq c-i a o:. 11, J, specified in ',_L F,~j,_eer, >t z t- c~ o ior 4 C:c. 1 ,gin. r ac:~,ep a of t• :a 5a.i t!? , r >>lz--1:_ , ` 1-~,,y _ e lcyee of D ~ ' mP ist:ri Y be liable for r rsons r 1C1. G,_ injured by reason of sd d `nQ2? k or lmpro , e,c, r.t s 1'. Ii abi1it' sha11 be a5 tmed by Gw%er, wi1^ aCj -e5 t 7'';71 r' and save harmless Di..~rt- riot and the i y District T zorr, rind aga-n,,t any and all „1_a Jms de n~rl`+~., l~~s costs, a.ld causes of taC,_tiO + n of any 1°:att,,re, arc: u:1J E':?p incident -o derense :hereof (fnCl~,ding at_tcrr-ey's i F ; ' injury to or death Of pl~rs~;ns cr clamorg ~ e to prcDrC ~ r rtJ 1 1r, 'L of the Constructio,'I f ~ ;,.I-re 4,,atei" w Cl f agrees ~o pr_.ect -is ir.- and t 1t. of rt YY, Dlstri Ct from laL-,i i of, the use of a r i y` l i g p rt C. r pri f r, -a artj , ccns_ruction of said ~Nruv,,Men'_- s. T..__ :7~:riex` sha.1 7_.se v yI 1 Jan-19-06 10:59am From- P OGG.rM x-20 contractor to file with the District "Certificates of Insur,1nce'' indicating that the following coverage is in effect: a.) An orislinal ex tl.fica`e of insurance Ii TU . ~_hc air. Diegnito Water District as cor -Jte } G .c and addi CCional' y insured with a minimum . hlic iian .1 iry limit of $1,000,000 _ r r , : -.iC:}7 CC..C.::.T_rA.•_r- and n .„N for combined bodily injury and property damage. 8. District shall notr nor shall any officer or of 7~SL'Y'iC-t ~ -?a(:.'+1C'•`y':.fir O , be liable for any portion c.f tr - c of F= aforesaid work or for the payment of any la. -,,or oz- :furnished in connection therewith. 9• Owner shall urniah to Dist,.._rL security of the irrprcti e gent ar:.oun t . Mn~nay-flva 'en t- of the amour may be jr t h e foT"',.^ . of a. Ferfoi- _'e Scr. Stale of California ~ I - ~~d 1=: H e . : d s r'ty cr y or 7r I( of crash, certificates of deposit, letter - v,ssignmen7 account. Twenty-five percent o the amount has tt> 1.: the firm of cash, certificates of : _.p- si c~~:TIeI-it _•,i credit, or an assignment of account. A-- financial format is subject to approval. Please note th~a~.. _ t t wFn five percent will be ~ d for a wa:r r_ n~Y, pe c,d after the Notice of Com eGition on the water iI prC I,',en s . 10. in He evc• :it - it 1S d@&med r. t,-- t i me of rompl ,tine of the work con-eirpl to W, -19 under this Agreement. - said e~_enba.on way he ~ ii--a i.1; shall in no way affect he validity of this Agr,,.eilen or rale• m? ! the improvement security given fcr the fal h a peiformance w-, this Agreement. 11. Ow-:er shall, -nd hereby does guarantee all rk `c_.,1r a period of cne year after date of filing of a Notice r Completion by D_" ' , sirict, ~.nd shall repair o replace any and oil such work, together VA any other work r ~ ;r in so doing, th t mayl prove defective : n w~~'~}t.`'I.-1r, C c na/,!r materials wichit, a n0 e period rr-,, of J Notice of Completion bd Di `,_ict without _ se who. TeDistrict, ordinary wear and tear, un 7s_ Al ab so r excepted. District 411 - give _~ctice of ~,.,._r u ,c_i e ,_s `g' reasonable promptness. f 12. Owner shall notify District fy is t upo_ o p C t r repair^s. in the event of an emergency, D._stric-_ IT'a1v r[t repairs and Owner shall he liable for expennzs incnrxed. in t`-.- I 'i Jan-.A-06 10:59am From- _ event dwaer fails t pw1 w ` C:Qm ~~it,k D1 r Ci_ r 1 cerrectio3. Within one eek after neijig roc ifiE. .1_ncf District, District is _ ereby author-Zed to pr c_r ed 1' ;;e t:~e defects repaix ed and rake J :jOd at 'h ~ V le . r }i0 E hr -'ll'~e hereby ag:-ees to pay th ? cost and char c s ,J unon demand . In the event it defective work, such a tion by Dis-,ric'., try nit: z -.v own er of the guarantees provi ed in this narac~ 13. Cwner shall furnish to Di str:ic _ uocd .a d1_f~ ci tnt security, in the form o cash det~osit, le"~~er cf cr :di ~ 01° t~~h security as approved b she District, i?, th? i~ Gstlmi Led total cos of t F ~m~~ OTJeICi~',l1tS, b C _7.r r' guarantee and warrant for a ,a .d ,-F acceptancE> by District lag inst any d,~fective rjrs_ .III vc,'<, c one year labor done or defective materials furni:~hed, 14. The p~.~r p~ ~V~d~'d Or it tl; _ ritr<r; :17 Jl:i:i C the curre:.-__ s'van;i:~~:.1s ,rJe S,,ti er dev 1 e opew tN'i11 k-,:, : r t z~ _1 to con v tp a I I d a r ~is appli.c:ab_' E: on lne dates a-pon we ifch Gon F, t: l; aC}:1 l r C C7Ui the devel opment if cot 3truc on s ~ nCiE f _ -'~1 F T] r r } -'7 i 1 .i,I1 4?.. mont1"1 ~ s of _he date of Yid executio n }'?ereU ~T t: ' Water Disl:ri ct . - _ " 15. The water rr_ter fees irnca.1adi.rng i-Sta1 ricn and, capacity, are establis ed fro r ti e-- >-ti.me by th,_ C Direr' ^ rs of San DiF,-7U -.G r.at r Is-etr ct -:,j Water Aut3Iority. evel:-)per will be reCA' .._.C12:_M U F) the installation f n-. cox y e why apr~l. Cn date of payment:. Con rc` i n .1.1 n t be to c e unt i..l. all water fees have bee: received. 16. Owner aC1reeS tC 1:iS~a1~ v Gtr f c v.i.l,i_: for on signed mprovemet~.t: pllx^.s . IN WITNESS WHEREOF, t ' he parties have this eXCCUted t P_e - y i rst hove gar 4 tten . SAN D7 ZGv I t O WATER D T-1, 11 -1- 1 Encinitas Bracero Ventures, LLC - l - - Y 25/06 -ames F. Basi3er Date Authorized Signer i 4 SDWD APPLICANT FEE AND DEPOSIT FORM LICANT NAMEC ?PLICANT ADDRESS ~j 2 C~~ u CEO 1' v2 6tL J Q TAKEN BY `t, k , RECEIPT NO.. :7 2a CASHIER DESCRIPTION OF FEE AMOUNT CODE ACCOUNT NO. Meter Installation FeeKZ~D d rb® MI 531-0000-373-0500 3DWD Capacity Fee CW 5330.000-373-0800 --WA System Capacity Charge CX 531-0000-202-2400 -WA Water Treatment Capacity Charge CX 531-OU00-202-2400 2ecycled Meter Installation Fee M3 531-.0000-373-0501 ~Firi Line Capacity Fee MI 531 0-373-0500 ?la i Check Fee PW 5310=374-1000 3asement, Quitclaim, Encroachment Processing Fee MW 531-0000-374-9900 Nater Availability Letter Fee WL 531-00`00-374-0200 ?lans &.Specs Fees MP 531-0000-374-0100 ranker Meter Rental Fee HR 531-0000-373-0600 ranker Meter Installation Fee TL 531-0000-374-0400 'ire Flow Test Fee FF 531-0000-374-0900 )ESCRIPTION OF DEPOSIT nspection Deposit - Project No. JD 531-0000-215-4000 nstl. Dep.: Meters- Fire Line - Project No. JD 531-0000-215-4000 security Deposit - Project No. SD 531-0000-218-0000 iydraulic Analysis Deposit - Project No. WS 531-0000-215-4000 'ire. Hydrant Instl. Deposit - Project No. JD 531-0000-215-4000 'anker Meter Deposit TD 531-0000-215-3000 >eposit on Water - Tanker Meter TD 531-0000-215-3000 'OTAL 'OMMENTS: ~0 4 '99c) - (,LAC CQ-4Z~ I?-ONO 1~+M h- 01 rs C0-6b i SID IreD CA-PA--,r L G 69 ~'b' 2 0 /sdwd/eng/forms/feesht.doc Batch IN LASHIER 3/19/09 40 Receipt n0: 47281 Type SvcCd'Description N MI Amount METER INST - POTABLE Qty 1.00 $560.00 09 ENCTNITRS BRRCEROS VNTRS o Trans number: 5 WATER SERVICE CIARG 531OM373g50g 410268 r, m 904 a 890 BRPICERO RD a P METERS - 2 Z 3 Tender detail j: Cl( Ref;: 1633 $280.00 CK Reft: 1634 8280.00 ' Total tendered: Total payment: x.60 $560.00 Trans date: 3/19108 Time: 15:08:57 ENCINITAS BRACERO VENTURES, LLC TEMECULA. CA 92591 r' . Norm AMOUNT 001633 501-00-00 Encinitas Erac:r~ - NaSter"•~ SAL CE 1-101-08 01100828000 L1 water mq ter GIC ,c1 .280.00 Z,0- 31- 3'3 1-11-08 1633 280 00 A ENCINITAS BRACERO VENTURES-, LLC 7TEMECULAVALLEYBANK 40925 County Center Drive, Ste. 100 0016 2 770 Jefferson Ave.:g700 P.0.6oz 696 Temecula, CA 92591 ramecuia. CA 92596-0660 33 (951) 296-1101 90-4241/1222 Pay: Two hundred eighty dollars and no cents DATE CHECK NO. January 11, 2008 AMOUNT 1633 $********280.00 San Di egui to Water District PO Box 501:178 TO THE ORDER San Diego, cA 92150-1178 OF 11'0019331's -1:12221. 24 161:06 100004 70m GM180I02 CITY OF ENCINITAS 1102108 Project Master inquiry 17:37:08 Project . . . . W06020 INSP DEP BRACERO SUB DIV Position to . . . - - - Starting character(s) Type options, press Enter. 1=Select Opt Account number Budget Actual Balance 0 1,500.00- 1,500.00 0 1,244.10 1,244.10- 0 260.96 260.96- 0 81.40 81.40- 0 97.45 97.45- 0 3.27 3.27- Pre-encumb: .00 Encumb: .00 2008 YTD: .00 Pending: .00 Budg: .00 PTD: 187.18 Balance: 187.18- F3=Exit F5=Refresh F9=Misc. info Fll=Proj-to-dt F12=Cancel F17=Subset F18=Encumbrance detail F19=Project activity list AO~ Ve> OZ S C> CIO Cob. -c WT of Flo c w~ " ..S Gc.vaasN W b'2... fcc►. Use P2sS T' Serdeb • Ham, "CGS-a~-r1s cam' ice- 9b 'Cb (t> C I T Y O F E N C I N I T A S ENGINEERING SERVICES DEPARTMENT rr, 505 S. VULCAN AVE. 't City Of ENGINEERING SER VICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering March 27, 2007 Attn: Arch Insurance Company 135 N. Los Robles Avenue #825 Pasadena, California 91101 Encinitas Bracero Ventures, LLC 840 Bracero Road APN 258-370-52 Improvement Permit 9262-I Partial release of security it 9262-I authorized public road and drainage improvements, all needed to build the Pribed project. The Field Operations Division has approved the installation of the rovements. Therefore, a reduction in the security deposit is merited. The remainder 1 be kept until the one-year warranty inspection is performed. rformance Bond SU5017567, in the amount of $139,948.00, may be reduced by y% to $34,987.00. The document original will be kept until such time it is fully konerated. The approval of the one-year warranty inspection will release the remaining ecurity deposit. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. 1 Sincerely, L4 Debra Geisha Lembach Engineering Technician inance Manager Subdivision Engineering Financial Services CC Jay Lembach, Finance Manager Encinitas Bracero Ventures, LLC Debra Geishart File SAN DIEGUITO WATER DISTRICT (760) 633-2650 505 S. VULCAN AVENUE FAX (760) 633-2627 ENCINITAS, CALIFORNIA 92024-3633 TDD (760) 633-2700 January 19, 2006 Encinitas Bracero Ventures, LLC c/o Curtis Development Corporation 40925 County Center Drive, Suite 100 Temecula, CA 92591 (951) 296-1101 phone (951) 296-1158 fax Re: Water Improvements This letter shall serve to briefly summarize the San Dieguito Water District Improvement process. The water improvements on Engineering Department Drawing 9262-I has been approved by the San Dieguito Water District, effective November 17, 2005, and will remain valid for two years. In order to begin Water Improvements, you will need to satisfy the following requirements prior to construction: (1) Review and Sign Agreement to Improve Development - Water Facilities. (2) Provide 2 blueline copies of the approved Drawings to San Dieguito Water District. (3) Post a Security Deposit in the amount of $20,000.00 to guarantee performance of water improvements. Seventy-five percent of the amount ($15,000.00) may be in the form of a Performance Bond issued by a State of California licensed surety company or in the form of cash, certificates of deposit, a letter of credit, or an assignment account. Twenty-five percent of the amount ($5,000.00) has to be in the form of cash, certificates of deposit, a letter of credit, or an assignment of account. Any financial instrument's format is subject to approval. Please note that this twenty-five percent will be held for a warranty period of one-year after the Notice of Competition on the water improvements. (4) Post an inspection deposit of $1,500.00 . (4) Provide a copy of contractor's license Class and Number. (5) Provide Certificate of Liability Insurance (a) A Minimum of $1,000,000 General Liability each occurrence (b) A Minimum of $1,000,000 Worker's Compensation and Employers' liability (Statutory Workers' Compensation Insurance) (c) The San Dieguito Water District, its Directors, officers, employees, or authorized volunteers are named additional insured (d) San Dieguito Water District as the Certificate Holder (e) Cancellation to read as follows: SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE OF, THE ISSUING COMPANY TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. (f) An Additional Insured Endorsement for the General Liability Coverage is attached g:/sdwd/improvement letter/Bracero Water Improvement Letter.doc recycled paper (6) Provide three (3) copies of the Materials Submittal for approval per WASC Approved Material List (see WAS Standards for a copy or at www.sdwas.com). Complete the cover sheet and indicate all materials to be used for the project. Submit the entire WAS Approved Material List for review. The materials requiring additional submittal information will consist of manufacturer specification sheets of all the materials and indicate the type and/or size of each material to be supplied. (This process will require review time for accuracy with materials per the improvement plan and materials per the District standards (WASC). Staff cannot stress the importance of submitting the material submittal as soon as possible for review.) After all of the above requirements have been satisfied, You or your contractor will be required to schedule the mandatory pre-construction conference with the San Dieguito Water District inspector (Alex lone at 760-633-2864), prior to commencement of work on the water improvements. Water meter fees may be paid after the water improvement work has started. To insure the timely installation of the water meters, fees should be paid at least three weeks prior to the required installation date. Please note that if you are applying for capacity credit to a lot from an existing water meter, it must be done prior to the sale of any lot. Construction changes, prepared by the Engineer of Work, should be submitted to the San Dieguito Water District as redlined mark-ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. As-builts, prepared by the Engineer of Work and approved by the San Dieguito Water District, will be required prior to the Notice of Completion and release of the performance bond that is 75% securities. Final release of the remaining 25% securities will be released after the one-year warranty has been satisfied. Should you have any questions, please contact me at (760) 633-2862. Issistan e t E gineer San Dieguito Water District cc Pasco Engineering, Engineer of Work Alex Long, SDWD Inspector File Enc. g:/sdwd/improvement letter/Bracero Water Improvement Letter.doc Livens. Detail Pagel of 2 California Home Thursday, January 26, 2006 Welcome 7o _ t!t. Z_Y ~ ' u r License Detail CALIFORNIA CONTRACTORS STATE LICENSE-BOARD Contractor License # 394169 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/26/2006 * * * Business Information DIETRICH CORPORATION 1243 GREENFIELD DRIVE STE H EL CAJON, CA 92021 Business Phone Number: (619) 447-4800 Entity: Corporation Issue Date: 10/14/1980 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class Description 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 13570 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=394169 1/26/2006 Licens, Detail Page 2 of 2 Effective Date: 01101/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RICHARD FRANKLIN DIETRICH certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/15/1980 * * * Workers Compensation Information This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0015798 Effective Date: 11/09/2005 Expire Date: 11/09/2006 Workers Compensation Histr~ Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=394169 1/26/2006 ACORD,. CERTIFICATE OF LIABILITY INSURANCE CSR TH DATE(MM/DD/YYYY) DIETR-1 05/09/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Affinity Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 609015 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92160 Phone: 858-541-1900 Fax: 858-277-4519 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: NIC Insurance Company INSURERB: Hartford Insurance Company Dietrich Corporation Fax: 619-447-7867 INSURER C: 1243 Greenfield Dr #H INSURER D: E1 Cajon CA 92021 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSR-AUDTE LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE Al E DATE MM/DDS N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY GL00250500 04/30/06 04/30/07 PREMISES (Ea occurence) $50,000 CLAIMS MADE 1XI OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY X jERCOT LOG Em Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X ANY AUTO 72UECUQ3070 07/01/05 07/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS p7 } (Per accident) $ l5 y l + y ) PROPERTY DAMAGE $ a (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ r ANY AUTO] AY OTHER THAN EA ACC $ a AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY o CITY OF ENO WAS EACH OCCURRENCE $ OCCUR CLAIMS MADE R p1~ r_T n ti; .z-(_)ITO WA E AGGREGATE $ L , - $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PRO PRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER B Inland Marine 72 MSUM 5967 07/01/05 07/01/06 Contractr Equipment 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 Days notice nonpayment of premium. RE: Bracero Road Project, San Digeto MWD is named Additional Insured per attached form ANF 160. CERTIFICATE HOLDER CANCELLATION SAND IGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION San Digeto MWD DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Fax : 760-633-2818 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering Dept/ Gary Lee IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 505 South Vulcan Ave Encinitas CA 92024 REPRESENTATIVES. AU E REPRES AT E. ACORD 25 (2001/08) ,w/ © ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) BROKER COPY SD STATE P.O. BOX 420807, SAN FkANCISCO,CA 94142.-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-20-2008 GROUP: 000046 POLICY NUMSEM 0015798-2005 CERTIFICATE ID: e CERTIFICATE EXPIRES: 11-09-2006 11-09-2005/11-09-2006 SAN DIEGITO MUNICIPAL WATER DISTRICT SD dOB:BRACERO ROAD, ENCINITAS ATTN: ENGINEERING DEPT 505 S, VULCAN ENCINITAS CA 82024 This is to cartify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upoh3o days advance written notice to the employer. We will also give you SO days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. HORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 11800 - RICHARD FRANICLIN DIETRICH PRESIDENT - EXCLUDED. ENDORSEMENT #1800 - SUSAN DIETRICH SECRETARY TREASURER EXCLUDED. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-09-2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, Post-ltn° Fax Note 7671 Date -'~-u pages To C 141/ From f tom' I CoMepl. G0. v ` u Phone # Phone 4-'7S5-xo Fax # Fax # EMPLOYER DIETRICH CORPORATION INC 5D 1243 GREENFIELD DR FL CALION CA 92021 [1310,SD) iAEvs-os) PRINTED : 01-20-200e T00/TOO 1Z aONV?290 a'IOQ 111va 8222 5LP 6T9 XVa LZ:CT 9002/OZ/TO (6) Provide three (3) copies of the Materials Submittal for approval per WASC Approved Material List (see WAS Standards for a copy or at www.sdwas.com). Complete the cover sheet and indicate all materials to be used for the project. Submit the entire WAS Approved Material List for review. The materials requiring additional submittal information will consist of manufacturer specification sheets of all the materials and indicate the type and/or size of each material to be supplied. (This process will require review time for accuracy with materials per the improvement plan and materials per the District standards (WASC). Staff cannot stress the importance of submitting the material submittal as soon as possible for review.) After all of the above requirements have been satisfied, You or your contractor will be required to schedule the mandatory pre-construction conference with the San Dieguito Water District inspector (Alex long at 760-633-2864), prior to commencement of work on the water improvements. Water meter fees may be paid after the water improvement work has started. To insure the timely installation of the water meters, fees should be paid at least three weeks prior to the required installation date. Please note that if you are applying for capacity credit to a lot from an existing water meter, it must be done prior to the sale of any lot. Construction changes, prepared by the Engineer of Work, should be submitted to the San Dieguito Water District as redlined mark-ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. As-builts, prepared by the Engineer of Work and approved by the San Dieguito Water District, will be required prior to the Notice of Completion and release of the performance bond that is 75% securities. Final release of the remaining 25% securities will be released after the one-year warranty has been satisfied. Should you have any questions, please contact me at (760) 633-2862. Sincerely, Gary Lee Assistant Engineer San Dieguito Water District cc Pasco Engineering, Engineer of Work Alex Long, SDWD Inspector File Enc. g:/sdwd/improvement letter/Bracero Water Improvement Letter.doc January 2, 2008 Encinitas Bracero Ventures, LLC c/o Curtis Development Corporation 40925 County Center Drive, Suite 100 Temecula, CA 92591 (951) 296-1101 phone (951) 296-1158 fax Re: Water Improvements This letter shall serve to briefly summarize the San Dieguito Water District Improvement process. The water improvements on Engineering Department Drawing 9262-I has been approved by the San Dieguito Water District, effective November 17. 2005, and will remain valid for two years. In order to begin Water Improvements, you will need to satisfy the following requirements prior to construction: (1) Review and Sign Agreement to Improve Development - Water Facilities. (2) Provide 2 blueline copies of the approved Drawings to San Dieguito Water District. (3) Post a Security Deposit in the amount of $20,000.00 to guarantee performance of water improvements. Seventy-five percent of the amount ($15,000.00) may be in the form of a Performance Bond issued by a State of California licensed surety company or in the form of cash, certificates of deposit, a letter of credit, or an assignment account. Twenty-five percent of the amount ($5,000.00) has to be in the form of cash, certificates of deposit, a letter of credit, or an assignment of account. Any financial instrument's format is subject to approval. Please note that this twenty-five percent will be held for a warranty period of one-year after the Notice of Competition on the water improvements. (4) Post an inspection deposit of $1,500.00_. (4) Provide a copy of contractor's license Class and Number. (5) Provide Certificate of Liability Insurance (a) A Minimum of $1,000,000 General Liability each occurrence (b) A Minimum of $1,000,000 Worker's Compensation and Employers' liability (Statutory Workers' Compensation Insurance) (c) The San Dieguito Water District, its Directors, officers, employees, or authorized volunteers are named additional insured (d) San Dieguito Water District as the Certificate Holder (e) Cancellation to read as follows: SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE OF, THE ISSUING COMPANY TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. (f) An Additional Insured Endorsement for the General Liability Coverage is attached g:/sdwd/improvement letter/Bracero Water Improvement Letter.doc SAN DIEGUITO WATER DISTRICT 160 CALLS MAGDALENA ENCINITAS, CA 92024 PHONE: (760) 633-2709 FAX: (760) 436-3592 March 4, 2009 Arch Insurance Company 135 N. Los Robles Avenue #825 Pasadena, CA 91101 Re: Release of Subdivision Bond No. SU5019275 Held for Security for Water Improvements for a Subdivision Developed by Encinitas Bracero Ventures, LLC, c/o Curtis Development Corporation Agreement No. A-0079. To Whom It May Concern: Water improvements constructed by Encinitas Bracero Ventures, LLC c/o Curtis Development Corporation for a project located on 840 Bracero Road, Encinitas CA 92024 have been completed to the satisfaction of the San Dieguito Water District. Therefore, the District has determined that Subdivision Bond No. SU5019275 in the amount of $15,000.00 may be released at this time. If you have any questions, please call me at (760) 633-2793. Sincerely, Blair A. Knoll, PE, PLS Associate Civil Engineer San Dieguito Water District Enclosure Released to Print Name Date SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE (760) 633-2650 ENCINITAS, CALIFORNIA 92024-3633 FAX (760) 633-2879 V r January 3, 2008 I , t A, Arch Insurance Company V 135 N. Los Robles Avenue #825 Pasadena, CA 91101 Re: Release of Subdivision Bond No. SU5019275 Held for Security for Water Improvements for a Subdivision Developed by Encinitas Bracero Ventures, LLC, c/o Curtis Development Corporation Agreement No. A-0079. To Whom It May Concern: Water improvements constructed by Encinitas Bracero Ventures, LLC c/o Curtis Development Corporation for a project located on 840 Bracero Road, Encinitas CA 92024 have been completed to the satisfaction of the San Dieguito Water District. Therefore, the District has determined that Subdivision Bond No. SU5019275 in the amount of $15,000.00 may be released at this time. If you have any questions, please call me at (760) 633-2793. Sincerely, r Blair A. Knoll, PE, PLS Associate Civil Engineer San Dieguito Water District Enclosure Released to Print Name Date W recycled paper Bond No. SU5019275 PERFORMANCE BOND Premium: $225.00 CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we Encinitas Bracero Ventures LLC 40925 County Center rive Suite 100 Temecula A 92591 , Principal, and Arch Insurance Coma - ny , Surety, a corporation organized and existing under the laws of the State of MO and authorized to transact surety business in the State of California, are held and firmly bound unto San Dieguito Water District - 505 S. Vulcan Ave. Encinitas, CA 92024-3633 Obligee, in the sum of Fifteen Thousand Dollars and 00/100 Dollars 15,000.00 ) for payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for Encinitas Bracero Off-site Water Improvements for Tract 03-018 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. Signed, sealed and dated Encinitas Bracero Ventures, LLC January 23, 2006 (Seal) J s iger Principal orized S g Ar Insurance C any B ~ Janina o oe Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JAN Z3 7M before me, Melissa A. Covarrubias, Notary Public Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Janina Monroe Names) 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) 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 15SA A. COVARRUIIYkS his/her/their signature(s) on the instrument the person(s), ccmrr"w# 1562458 or the entity upon behalf of which the person(s) acted, R"If "ft . Camomlo executed the instrument. Orange County 0amn:EVW-MW22'2W9 WITNESS my hand and official seal. Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina Monroe Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Title(s): ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: BD-1133 9/97 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 Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, 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. `beeh 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. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 26th day of March , 20 04 Arch Insurance Company Attested and Certified once c Co~'OiuTl VAL 1971 Joseph S. G 1, Corporate Secretary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFF16K SEAL. MEtAU B. qtJ.". Irotary Pd* a~ a~ ~ Metissa it igan, Notary Public 4 2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 26 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certfficate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attomey the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto su scribed my name and affixed the corporate seal of the Arch Insurance Company on this day of JAN ~G ~ 2006 , 20 _i Joseph S eil, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 1I11101f1 Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R I V e rG 1 d c, ss. On JGLh 1~ C(!~U 2 5, 200~, before me, NdIQi~ fC" Ga.rl V►Oh, ND a I Vnl ►(J , to }~Name and Idle of Officer (e.g., "Jane Doe, Notary P blic") personally appeared Va ~l6 F. ~t iginr ' Name(s) of Sig -Us ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and NOEUE CANNON acknowledged to me that he/she/they executed sS ConmModonf 1513967 the same in his/her/their authorized t Nokvyhaft -caMonft capacity(ies), and that by his/her/their COW* signature(s) on the instrument the person(s), or MIICa~'11 mono, 110111111M1~p17• the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my hand an fficial seal. Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 • www.nabonainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827