DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
IP19-025L
This agreement, made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of California, Inc., hereinafter called Developer.
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain land division known as Tract Map 31098/ IP19-025L, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within 24 months from the date this agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, and are on file in the office of the Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460, as amended, or its successor, which are hereby expressly made a part of this agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted as complete by the City. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Three Hundred Seventy Four Thousand and no/100, Dollars, § 374,000.00
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer. Developer agrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Developer, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the improvements.
This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City of Menifee Engineering all reasonable facilities for obtaining full information with respect to the progress and manner of work.
SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer because of such default. The determination by the City Engineer of the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of the Developer to commence construction shall not relieve the Developer or surety from completion of the improvements required by this agreement.
EIGHTH: Developer agrees to file with City, prior to the date this agreement is executed, a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVII of Riverside County Ordinance 460 as amended 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. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any extensions of time as may be granted therein.
TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
TWELFTH: This agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver thereof.
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 City Developer
City of Menifee Lennar Homes of California, Inc.
29844 Haun Road 980 Montecito Dr. Suite 302
Menifee, CA 92586 Corona, CA 92879
IN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: , 2020 Its Manger:
By:
Geoffrey Smith
VP of Forwaro Planning
By:
Dated: , 2020 CITY OF MENIFEE
By:
Jonathan G. Smith, Public Works Director/
City Engineer
CITY OF MENIFEE
By See Next Pg.
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
By By:
Sarah Marwaring, City Clerk Jeffery T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: _ 2021 By: Developer
Dated: July 21 _. 2021 CITY OF MENIFEE
-DocuSigned by:
By: Daniel Padilla
Danter Sadila, City Engineer
CITY OFSIMENIFEE
By
Armandon. Villa, City Manager
ATTEST: APPROVED AS TO FORM:
-Docusigned by: -DocuSigned by:
Sarale A. Manwaring stren T. Melching, City Atone
зу:м
BY Sarah A Manwaring, City Clerk Jeffrey Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
ACKNOWLEDGMENT
A notary public or other officer completing this
validity of that document.
County of
Ml Da DR Jade Atha Notary Pable
before me,.
(insert name and title of the officer)
Geoftrov Smith
personally appeared
who 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 his/her/their signature(s) on the instrument the personts), or the entity upon behalf of which the personts) 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.
JODIE ATHA
Notary Public - California
Riverside County
WITNESS my hand and official seal. Commission # 2230896 My Comm. Expires Feb 11, 2022
Signature Cade Athe (Seal)
Executed in Triplicate
MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1) McCall Mesa
FOR: Landscape $ 144,500.00 Tract Map TM31098
Irrigation $ 116,000.00 Ref. No. IP19-025L
Construction $ 79,500.00 Bond No. 024246418
Contingency 34,000.00
Total $ 374,000.00 Premium $ 1,122.00/annum
Surety_Liberty Mutual Insurance Company Principal _ Lennar Homes of California Inc.
Address 175 Berkeley Street Address 980 Montecito Dr. Suite 302 City/State - Boston, MA City/State _ Corona, CA
Zip code 02116 Zip 92879
Phone (617) 357-9500 Phone (951) 817-3500
WHEREAS, the City of Menifee, State of California, and Lennar Homes of California Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to Tract Map 31098 - IP19-025L, which agreements) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company → as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Seventy Four Thousand and no/100, Dollars, $ 374,000.00 lawful money of the United States, for the payment of which sum will and truly 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 bonded 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 of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
MENIFEE:
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreement is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements(s).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on July 10
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Name: Geoffreg Smith
Title: VP of Forward Planning
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE: My Hua
Its Atforney-h-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of Orange
On 1lL te 2020 before me,. athy R. Mair, Notary Publi
lame of Notary Public and Title "Notary Public
personally appeared My Hua...... Name (5) or signers - ---- who 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/theif authorized capacityfies), and that by his/her/their signaturefs) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
KATHY R. MAIR WITNESS my hand and official seal.
Notary Public - California
Orange County
Commission # 2193966
My Com. Expires May 22, 2021 Keenair
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited • General Partner - • Limited • General Individual X Attorney-in-Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
his Power of Attorney limits the acts of those named herein, and they have no authority t ind the Company except in the manner and to the extent herein statec Liberty
Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8197170-024017 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, thal Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V Cunningham; Kari Davis: Marlna Gonzalos: My Hua: Mechelle Larkın: Kathy R. Mair: Joaquin Percz: Brenda Wong all of the city of Los Angcies state of CA each individually if there be more than one named, is true and lawful attorney in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies In their own proper persons
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of October 2018 .
INSURANCE MERICAN CORPORATE INSURANCE
1912 1919 1991
OHIO SO HAMPERED
REACHUSES INOIANA ANTANOD
LS3M
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
SS
County of MONTGOMERY
On this 23rd day of October 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberly Mutual Insurance letter of credit, Company. The Ohio Casualty Company, and West American insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsyivania, on the day and year first above written. loan, rate, interest rate or residual value guarantees. PASTELE
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
Teresa Pastella. Nolary Public teran Pastella
Upper Merion Twp, Montgomery County By:
My Commission Expires March 28, 2021 Teresa Pastella, Notary Public HONEY PUS Member. Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual To confirm the validity of this Power of Attorney call Not valid for mortgage, note, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limilation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of altomey, shall currency have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shail be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings. ones, recognizances and other surety obligations. Such altomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind tr ompany by their signature and execulion of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomevs-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
uthorization- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of th Company, wherever appearing upon a certified copy of any power of attomey issued by the Cempany in connection with surety bonds, shall be valid and binding upon the Company wit the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of J0L 10-2020-
SAL CORPORATE INSURANCE CASUALTI MORPORATE CAN «CORPORATE 1912 1919 1991
OHIO ANTONOD ANTINO By:
LSaN Renee C. Lewelly, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_062018
California All-Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
state of California
County of Ruersite
on July 5,2Đ0 boom. Beth Buky, Ndary Public..
personally appeared Geofere Smith
who proved to me on the basis of satisfactory evidence to be the persons whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their signaturets) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
BETH BRULEY
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2247751
ly Comm, Expires Jul 24, 2022|
(Seal)
Execuled in Triplicate
MENIFEE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1) McCall Mesa
FOR: Landscape $. 72.250.00 Tract Map TM31098
Irrigation 58,000.00 Ref. No. IP19-025L
Construction $. 39,750.00 Bond No. 024246418
Contingency $ 17,000.00
Total 187,000.00 Premium $ Included in Performance Bond Surety Liberty Mutual Insurance Company Principal Lennar Homes of California Inc.
Address 175 Berkeley Strect Address 980 Montecito Dr. Suite 302 City/State_ Boston, MA City/State Corona, CA
Zip 02116 Zip 92879
Phone (617) 357-9500 Phone (951) 817-3500
WHEREAS, the City of Menifee, State of California, and Lennar Homes of California Inc. , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to Tract Map 31098 - IP19-025L, which agreements) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee 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, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of _One Hundred Eighty Seven Thousand and no/100 Dollars, $187,000.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said 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 the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in i the judgment therein rendered
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
IN WITNESS WHERE this instrument has been duly executed by the principal and surety above named, on _
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Name: Geoffrey Smifh
Title: VP of • Forward Planning
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
7 AUTHORIZED SIGNATURE: My Hua
Its Attorney in Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfuiness, accuracy, or validity of that documen State of California
County of Orange
On JUL 10 2020 before me, _ Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - - -
(Names) of Signers)]
who 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 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.
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.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2193966
Kunmain
My Comin Expires May 22, 2021
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited • General Partner - • Limited • General Individual Attorney-in-Fact Individual • Attorney-in-Fact Trustee Guardian or Conservator Trustee • Guardian or Conservator Other: Other:
Signer Is Representing: _ Signer is Representing:
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: B197170-024017 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, thai Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V.
Cunningham: Kari Davis: Martha Gonzales: My Hua: Mechelle Larkin: Kathy R. Mair: Joaquin Perez: Brenda Wong all of the city of Los Angeles state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd _day of October 2018
Liberty Mutual Insurance Company
INSUR INSURA The Ohio Casualty Insurance Company
MUTUAL «CORPORATED CASUALTY CORPORATE AMERICA West American Insurance Company 1912 1919 1991
OHIO ANTINOD
LS3M By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS:
On this 23rd day of before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
TERESA PASTELL COMMONWEALTH OF PENNSYLVANIA
Nolarial Seal
currency rate, interest rate or residual value guarantees. Teresa Pastella, Notary Public tereas Pastello 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
Upper Merion Twp., Mongomery County By:
Not valid for mortgage, note, loan, letter of credit, My Commission Expires March 28. 2021 Teresa Pastella, Notary Public the validity of this Power of Attorney call NOTARC Mambor, Pennsylvania Association of Notares
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested lo by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. confirm ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in wring by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, P shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of th Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company wit the same force and effect as though manually affixed.
Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Coinpany, Liberty Mutual Insurance Company, and West American Insurance Company reby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect a has not been revoked.
day of JUL 10 2020
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
INSURANCE INSURANCE ERICAN NSURANCE
HORE ORAT CORPORATE
1912 1919 1991
ARACHUSET By:
12838 INDIANA Renee C. Liewellyn, Assistant Secretary
SHI LS3M INVO
LMS-12873 LMIC OCIC WAIC Multi Co_062018
California All-Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
State of California
County of Riverside
on Tulu 15,000 before me, Beth Brutey, notary Public.
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fier/their authorized capacityies), and that by his/her/thou signatures) on the instrument the person(s), or the entity upon behalf of which the person 3) acted, executed the instrument. 1 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. BETH BRULEY
Notary Public • California
Riverside County
Commission # 2247751
My Comn. Expires Jul 24,2022
(Seal)