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Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Performance Bond
Deposited At: Arch Insurance Company
Certificate/Acct. No: SU5020898
Deposit Amount: $2,840,000.00 Maturity Date:
Depositor: Name: Beazer Homes Holdings Corp.
Address: 7580 N Ingram Suite 104 Fresno 93711
Street City/State Zip
Job Address: Tract 5294
Received By: Rose Saldivar, Public Works Engineering Date: 8/24/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Bond No.: SU5020898
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Beazer Homes Holdings Corp. ("principal")
will be entering into an agreement whereby principal agrees to install and complete certain
designated public imp2royements, which said agreement, identified as Subdivision Agreement
for Parcel Map No. 7794 , is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now,
��therefore, we, the principal
dand heArch Insurance Company ,
Twos illionhEight fbi nldrbednFortyt ThousaondeSn�l"�it��, in the penal sum of
& 0�1 dollars
($ 2.80.000.00 ) 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 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.
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 anywise 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 duly executed by the principal and surety
above named, on July 20 , 20 06,
Principal: Beazer Homes Holdings Corp.
By: wQ `
(Principal)
Surety: c ns ance Company
By:
(Surety) pegs, Faust,, Attorney—In—Fact
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS }
} S.S.
COUNTY OF DUPAGE }
On July 20, 2006 , before me, a Notary Public in and for
said County and State, residing therein, duly commissioned and sworn, personally
appeared Peggy Faust, known to me to be Attorney-in-Fact of
Arch Insurance Company , the corporation described
in and that executed the within and foregoing instrument, and known to me to be the
person who executed the said instrument on behalf of the said corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires on November 29, 2008 "OFFICIAL SEAL"
BONNIE J. KRUSE
[Notary Public,State of Illinoisy Commission Expires 11/29/08
l No Public— ie J.
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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
Peggy Faust, Bonnie Kruse, Dawn Morgan,Jennifer J. McComb, Melissa Kotovsky,Kelly A.Jacobs, Stephen T. Kazmer,James I.
Moore, Elaine Marcus and Mary Beth Peterson of Westmont, IL(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,,,MissQi�u[i..�,:;
. ♦hj�
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 'he
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and cerniied
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Rage.1'of`Z Printedirr LLS,.A;_
1
In Testimony Whereof, thm Cc,Mrcny has c:;acd L':.. ziPsu.ment.w be signed and its corporate Leal to be affixed by their
authorized officers,this =day of May 20 06
Arch Insurance Company
Attested and Certified
T r
i
Martin J. Nilwroecretary Edward M.111u3(!I10 Presldent
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I
I Peter J. Callao, a Notary Public, do hereby certi i aE rd M. Titus and Martin J. Nilsen personally known to me to,
be the same persons whose names are respectivy s�V President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under',the I th State of Missouri, subscribed to the foregoing instrument
appeared before me this day in person and seve owledged that they being therauno duty authorized signed,
sealed with the corporate seal and delivered the Ment as the free voluntary act I corporation and as
their own free and voluntary acts for the Band u therein set forth.
Ybrk
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Nodry pt"k.
01-IlMad In N airic Pe J. No
Commission Ex Ir day 3, 2008 My-commiss expires 54)3-2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Co njpa iy, do hereby certify that the attachqd Power of Attorney dated
on behalf of the person(s) as listed above is a truedidcc rrect copy and that the same has been in,full fbrce and:effect
since the date thereof and is in full force and effdate of this certificate: and I do Nrther certify that the said
Edward M. Titus, who executed the Power of AtIRMP r'as Vice President, was on the date of execution of the attached•
Power of Attorney the duly elected Vice President iej Insurance Company.
IN TESTIMONY b Qu
;Alur-DEOF I have h•r•��.^.to ; name and the corpora of'the Arch Insurance
Company on this 2th v day of. ._ __
Martin J. Nils , Sbcretary
This Power of Attorney limits the acts of those narnellitherein to the bonds and undertakings)specifically named therein
and they have no authority to bind the Company exci piin the manner and to the extent herein 'stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors&Developers Group
133 N.Robles Ave.,Ste.825 '
Pasadena,CA 91101
w.
OOML0013:00-03.03 sia«
ottT PrintsdsimU.�l�
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Payment Bond
Deposited At: Arch Insurance Company
Certificate/Acct. No: SU5020898
Deposit Amount: $1,494,500.00 Maturity Date:
Depositor: Name: Beazer Homes Holdings Corp.
Address: 7580 N Ingram Suite 104 Fresno 93711
Street City/State Zip
Job Address: Tract 5294
Received By: Rose Saldivar, Public Works Engineering Date: 8/24/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
q;
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Bond No.: SU5020898
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
Beazer Homes Holdings Corp. ("principal")
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5294 , is hereby referred to and made a
part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Fresno
("City") to secure the claims to which reference is made in Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and Arch Insurance Company as
corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in
the sum of One Million Four Hundred Ninety Four Thousand Five as dollars
($ 1,494,500.00 ), 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 herein above 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. **Hundred & 00/100
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.
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 duly executed by the principal and surety above
named, on July 20 20 06
Principal: Beazer Homes H ldings Corp.
By:
1._ 7°�
(Principal)
Surety: �;-A Insurance Company
By:
( urety)
PeggT Faust,. Attorney-In-Fact.
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS }
} S.S.
COUNTY OF DUPAGE }
On July 20, 2006 before me, a Notary Public in and for
said County and State, residing therein, duly commissioned and sworn, personally
appeared Peggy Faust, known to me to be Attorney-in-Fact of
Arch Insurance Company , the corporation described
in and that executed the within and foregoing instrument, and known to me to be the
person who executed the said instrument on behalf of the said corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Ex ires on November 29, 2008 "OFFICIAL SEAL"
BONNIE J. KRUSE
Notary Public,State of Illinois
/ My Commission Expires 11129108
Notary Public—Bo e J. Kru
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
Peggy Faust, Bonnie Kruse, Dawn Morgan, Jennifer J. McComb, Melissa Kotovsky, Kelly A. Jacobs, Stephen T. Kazmer, James I.
Moore, Elaine Marcus and Mary Beth Peterson of Westmont, IL(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas C1ty,,,M
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 ;he
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.
00MI-0013 00 03 03
Page 1 of=Z Printed:In,U.S.&-
• � I
In Testimony Whereof, t;;a Cc—.;.any has c:::d `:� i sL X^.:e.^.:w`,a 3 grad and its corporate seal to be affixed by their
authorized officers,this, tt day of�,May 20 06 .:
Arch Insurance Company
Attested and Certified
J
d 10
w :tim
Martin J. Nilseroecretary Edward M. CTitus President ce
STATE OF NEW YORK SS
i
COUNTY OF NEW YORK SS
I
I Peter J. Calleo, a Notary Public, do hereby ce 11dward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are res, ' el s ice President and Secretary of the Insurance Company, a
Corporation organized and existing under the I f e State of Missouri, subscribed to the foregoing Instrument,
appeared before me this day in person and se Ij owledged that they being thereu to duly authorized signed,
sealed with the corporate seal and delivered the ns ment as the free voluntary id corporation and as
their own free and voluntary acts for the uses and therein set forth.
Pte+
J. 0 Rea.
Notary No. ' of Now Yb*
Orzllf ed in I ork County Pe rJ. NOtaIMbRic
ComMlsslon E v M 3. 2M My commis e*pires 5-03-2008
CERTIFICATION 1
I, Martin J. Nilsen, Secretary of the Arch Insuran on y, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a e d rrect copy and that the same has been in full foes and effect
since the date thereof and is in full force and a n a date of this certificate; and I do'further certify that the said
Edward M. Titus, who executed the Power of A Vice President, was on the date of execution of the atteched-
Power of Attomey the duly elected Vice Presiden o r I eA rch Insurance Company.
j
IN TESTIMONY:":HR&OF, I have h—&—to sal 3 ,. name and.a the oo
�re of the Arch Insurance
2 h ,
Company on this day of_ OL—
Martin_
J. Nils ecretary
This Power of Attorney limits the acts of those atherein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company pt In the manner and to the extent hereiri stated.
PLEASE SEND ALL CLAIM INQUIRIES RELA TO IS BOND TO THE FOLLOWING iADDRES3:
Arch Contractors&Developers Group
135 N.Robles Ave:,Ste.825
Pasadena,CA 81101
sr�ef
OOML0013.00 03-01,
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