AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS
address, if different,
whose telephone number is 949 833.3400 has made application to the City of Riverside, referred to herein as the "City", for approval of project designated Tract Map 38094; and
WHEREAS, the Developer has not completed all of the work, or made all of the improvements required as a condition of approval of the project and desires to enter into a contract for the completion of the work and the installation of the improvements and to furnish security for the performance of this contract;
NOW, THEREFORE, in consideration of the approval of above designated project by the City, and as a condition of such approval, the Developer promises and agrees at the Developer's own expense to do all of the work and make all of the improvements required which work and improvements, without limitation by enumeration, consist of the following:
Curb and gutter, curb, A.C. berm, x-gutters and apron, driveway approaches, wheelchair ramps, sidewalk, A.C. paving, aggregate base material, A.C. overlay, A.C. paving removal, storm drain and appurtenances, street lighting system, underground utilities; all or some of which as shown on street plans.
The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description All of the work shall be done and improvements made and completed in strict compliance with applicable plans and
specifications, and any subsequent alterations thereto. Alterations in the plans and specifications and the work to be performed may be accomplished without giving prior notice thereof to the surety; however, the amount of In no event shall such
change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Developer.
As a condition of granting a time extension, the City at its option may require a new security and agreement to reflect any revised estimated cost, as determined by the City, of the work and the improvements for the period covered by the time extension.
It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the 311-56/CL 212 (Rev. 5/87) 1
City to the Developer and waives notices of such extension. The making of an application for an extension of time by the Developer shall, upon granting of the application by the City, constitute a waiver by the Developer and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action, in any action, proceeding filed by the City within the period of four years immediately following the date to which the time of performance was extended.
The Developer further agrees that any and all grading done or to be done in conjunction with the herein described project shall conform to the requirements of the Riverside Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement.
The Developer promises and agrees to maintain all of the improvements required by this agreement after any construction has been started under this contract in a state of good repair, until all of the work and improvements are completed and accepted by the City in writing and until the security for the performance of this agreement is released in its entirety. It is further agreed that once work has started that all work shall be performed in an expedient and diligent manner as determined by the City. Should the City determine that cessation of work or incomplete construction poses possible health or safety hazards or inconvenience to the public, the City may, upon giving written notice, declare the Developer to be in default.
The Developer shall be responsible for maintaining all improvements for a period of one year following completion of the work, and acceptance by the City in writing, against any defective work or labor done, or defective materials furnished, in the performance of the contract. It is further agreed that upon completion and acceptance of the improvements by the City of Riverside, the liability of the surety for no less than ten percent (10%) of the face amount thereof, or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City in writing against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Riverside. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, slopes, sewers, storm drains and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumeration, sweeping, repairing and maintaining in a good and safe condition all streets and street improvements as required by the City. It shall be the Developer's responsibility to initiate this work, but if the Developer should fail to do so, such maintenance shall be promptly 311-56/CL. 212 (Rev. 5/87) 2
performed when the Developer is notified to do so by the Public Works Director of the City. Upon failure of the Developer to properly maintain the improvements as determined by the City, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Developer and the surety by this agreement.
If the Developer and the surety fail to install all or any of the work or to install all or any part of the improvements required by this contract within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law.
It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Developer or surety or both to immediately remedy the default or complete the work. If the remedial activities or the completion of work are not thereafter diligently prosecuted to completion and fully completed within thirty days after the making of such demand (or such other time as may be contained in the demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of the City may be required, all at the full expense and obligation of the Developer and surety and all without the necessity of giving any further notice to the Developer or surety before the City performs or arranges for performance of any remaining work or improvements, whether or not the Developer or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of the remaining work and improvements, the Public Works Director, upon such election, may require all work by the Developer or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. The Developer and the surety further agree under this agreement to hold the City and its officers and employees free and harmless from any claim, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the improvements required, existing or occurring or arising out of any act or omission occurring prior to written release by the City of the security guaranteeing maintenance.
It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced.
For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, the Public Works Director, or any of them, or any of their authorized representatives. 311-56/CL 212 (Rev. 5/87) 3
It is further agreed that the amount of security to guarantee the performance of this contract will be Iwo Million One Hundred Eighty Four Thousand Nine Hundred Dollars ($2,184,900.00). In addition, the Developer shall provide security in the amount of One Million Ninety Iwo Thousand Four Hundred and Fifty Dollars ($1,092,450.00) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials, and equipment to them for the performance of the work herein described. The labor and material security may be released six months after written acceptance of the improvements by the City providing no claims have been filed with the City against the security. The security to guarantec performan Sure Bond'ers and materia suppliers ste of cr the (letter of credit,
time certificate of deposit, passbook account, cash deposit, or corporate surety bonds) .
The Developer acknowledges and agrees to City regulations governing signs and advertising structures. Developer agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location or required permits. Removal shall be at the expense of the Developer and Developer shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Developer agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits.
Developer acknowledges installation required
improvements under this agreement is the Developer's sole responsibility and the Developer is not relieved of this responsibility should the Developer sell or transfer title to the property for which these improvements are required. Should the Developer wish to transfer responsibility for the required written application must be made
requesting age Curte * agreement and bond forms be pretend be and bond forms be prepared for the new Developer reflecting the current estimated cost, as determined by the City, to construct all of the required improvements. Upon submittal by the new Developer, and acceptance of the new agreement and security by the City, the previous agreement and security may be released in its entirety. 313-56/CL 212 (Rev. 5/87) 4
IN WITNESS WHEREOF, this agreement has been duly executed by the Developer above named on May 3, _ 2024
Callera med Calamity Company
(Names and signatures must be
the same as on security and Developer
City Attorney's Office must sy Nia Blo
approve both this agreement
and the security) Signature Authorized
Nicole Balchunas, Agent
Name and Title
CITY OF RIVERSIDE
Public works Department
By_
Nathan Mustafa
Approved as to Form:
By:
Anthony L. Beaumon
Deputy City Attorney
311-56/CL 212 (Rev. 5/87) 5
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Orange
On May 7, 2024 before me, Charnette Neal, Notary Public (insert name and title of the officer)
personally appeared_ Nicole Balchunas
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. CHARNETTE MEAL
N COMM. # 2416701 20
NOTARY PUBLICALIFORNIA
ORANGE COUNTY
MY COMM. EXP. SEPT 18, 2026
Signature _ (Seal)
Surety Bond No. 024271058
Premium $8, 740.00
FAITHFUL PERFORMANCE BOND
(CONSTRUCTION)
WHEREAS the City of Riverside, a municipal corporation of the State of California, and Taylor Morrison of California, a California Limited* hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated publio improvements, which • said agreement, dated May 3rd, 2024, and identified as Agreement for Construction of Improvements for project designated as Tract Map 38094, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of , and duly licensed by the State
of California for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the City of Riverside, in the penal sum of Iwo Million One Hundred Eighty Four Thousand Nine Hundred Dollars ($2,184,900.00) 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 is the above bounded principal, his, her or its heirs, executors, administrators, successors, or assigns, shall in all things stand to or 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, her 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 Riverside, its officers, agents and employees, as therein
become null and void; otherwise it shall
effect.
The Surety and Principal further agree that in the event the work and improvements are not completed within the time allowed by the said agreement or any extension or extensions thereof as may be granted by the City of Riverside, the City of Riverside may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of said work and improvements, and all and expenses therefor shall become a debt due and owing said City of Riverside, as set forth in said agreement. 311-57/CI. 215B (Rev. 6/86) 1
As a part of the obligation security 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 the City of Riverside in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety and Principal further agree that this bond may be reduced to ten percent of the face amount of this bond or $300, whichever is greater, and continue, after completion and acceptance of the work and improvements in writing by the City of Riverside, for one year from the date of acceptance to guarantee said improvements against any defective work or labor done, defective materials furnished, in performance of the contract with the City of Riverside.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way 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.
311-57/CL 215B (Rev. 6/86) 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on May 3 2024.
Taylor Morrison of California, a California
Principal Limited Liability Company Surety Liberty Mutual Insurance Company Nial Bal "By 1. Ant
•HocaLcanuon sureza Attorney-in-fact, Janet C. Rojo
mine, CA 92618 790 The City Drive South, Suite 200
Address of Corporate Surety
Orange, CA 92868
City (Zip Code)
(714) 620-1571
Phone
rthur J. Gallagher Risk Management Services, LI
laureen O'Conne
Producer (Bond Issuing Agent)
Approved as to Form:
595 Market St. #2100
Address
By:
Anthony L. Beaumon San Francisco, CA 94105
City (Zip Code)
Deputy City Attorney
(415) 391-1500
Phone
Note: Signature of Attorney-in-fact to be acknowledged before a Notary Public. Attach Power of Attorney.
311-57/CL 215B (Rev. 6/86) 3
ACKNOWLEDGMENT
A notary public or other officer completing this
State of Califormia Orange
County of_
On_May 7, 2024 _ before me, Charnette Neal, Notary Public (insert name and title of the officer)
personally appeared_ Nicole Balchunas
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same i 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. CHARNETTE NEAL
COMM. # 2416701 I
Se NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
ALIFOR
signature Creal (Seal)
ACKNOWLEDGMENT
LA notary public or other officer completing this
State of California
County of San Francisco
man 3,2004 before me, M. Moody, Notary Public
(insert name and title of the officer)
personally appeared Janet C. Rojo
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.
M.MOODY
COMM. #2386403
NOTARY PUBLIC OCALIFORNIA E
WITNESS my hand and official seal. San Francisco County commission Expires January B, 2028:
ww.w.ww.
Signature (Seal)
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: 8210007-024125 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 Now Hampshire, that Liberty utual 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 Inciana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Virginia L Black; Courtney Chew; Brian Cooper; Julia Ortega; Maria De Los Angeles Reynoso; Susan M. Exline; Susan Hecker, Misty R. Hemje; Brittany Kavan; Thuyduong Lo; M. Moody; Tina K. Nierenberg; Kevin Re; Janet C. Rojo; Maureen O'Connell; Betty L. Tolentino; Robert P. Wrixon; K. Zerounian all of the city of Walnut Creek state of 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 surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety oblgations, 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 2.5th _. day of April 2023
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
CORPORATE CASUALTY CORPORATE RICAN I CORPORATEL West American Insurance Company 1912 1919 1991
OHIO
INOIANA
THI {SEM
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
letter of credit, On this 25th day of _before me personally appeared David M. Carey, who acknowledged himselfto be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries 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. interest rate or residual value guarantees. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
TERESA PASTEL Commonwealth of Pennsytania - Notary Seal Teresa Pastella, Notary Pulle
Montgomery County tereas Pastella For bond and/or Power of Attorney (PA) verification inquiries, My commission expires March 28, 2025 By:
ANSY ARE Commission number 1126044
NOTARY PUBLIC Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Not valid for mortgage, note, loan, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Chio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resclutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Altomey.
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 currency rate, President may prescribe, shall appoint such attomeys-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 attomeys-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 altach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secrelary. 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.
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 limitalions as the chairman or the president may prescribe, 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 surely any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact subject to the limitations set forth in their respeclive powers of attomey, 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 allested 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 surely 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 the Company, wherever appearing upon a certified copy of any power of altomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Chio Casually insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney 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
NSURANCE INSURANCE RICAN
MAU TUAL CORPORATE CORPORATE! CORPORATE
1912 1919 1991
ANVAWOR OHI HOW HAD GI By:
1283811 ANTINO? LS3M INDIANA ANTINOD Renee C. Llewellyn, Assistant Secretary THI
LMS-12873 L.MIC OCIC WAIC Multi Co 02/21
Surety Bond No. 024271058
Premium included in Performance Bond
LABOR AND MATERIAL BOND
(CONSTRUCTION)
WHEREAS, the City of Riverside, a municipal corporation of the State of California, and Taylor Morrison of California, a limited Company hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated May 3rd, 2024, and identified as Agreement for Construction of Improvements for project designated as Tract Map 38094, is 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 Riverside to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 1 of Division 3 of the Civil Code of the State of California; NOW THEREFORE, said principal and Liberty Mutual Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of _, and duly licensed by the State of
California for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, and held firmly bound unto the City of Riverside and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Ninety Iwo Thousand Four Hundred and Fifty Dollars ($1,092,450.00) 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 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 of Riverside in successfully enforcing such obligations, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is thereby 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 1 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.
condition of this bond be fully performed,
obligation shall become null and void, otherwise it shall be and remain in full force and effect.
1 311-59/C1. 427B (Rev. 6/88)
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 May 3 _ 2024.
Taylor Morrison of California, a California
Limited Liability Company Liberty Mutual Insurance Company Principal Surety
Attorney-in-fact, Janet C. Roje
790 The City Drive South, Suite 200
Nicole Balchunas Address of Corporate Surety
Orange, CA 92868
Authorized Agent
City Zip Code
(714) 620-1571
Phone
Arthur J. Gallagher Risk Management Services, LLC
Approved as to Form: Maureen O'Connell
Producer (Bond Issuing Agent)
595 Market St. #2100
Bys Address
Anthony L. Beaumon
San Francisco, CA 94105
Deputy City Attorney City
Zip Code
(415) 391-1500
Phone
NOTE: Signature of Attorney in fact to be acknowledged patore a Notary i::
Public.
Attach Power of Attorney.
2 311-59/CL 427B (Rev. 6/88)
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Oranae
County of
On _ May 7, 2024 _ before me, Charnette Neal, Notary Public (insert name and title of the officer)
personally appeared_Nicole Balchunas
subscribed to the within strument and acknowedged to me that erishethey executer the sane 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 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. CHARNETTE NEAL
COMM. # 241670170
* ORANGE CONTIN
LY ORANGE COUNTY
MY COMM. EXP. SEPT 18, 2026
Signature creal (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of San Francisco
On many 3.2024 before me, M. Moody, Notary Public
(insert name and title of the officer)
personally appeared Janet C. Rojo
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.
M.MOODY
COMM. #2388403
WITNESS my hand and official seal. NOTARY PUBLIC CCALIFORNA San Francisco County
Commission Expires Jamuery 0, 20203
hand
Signature (Seal)
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
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8210007-024125 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casuaity Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that 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, Virginia L Black; Courtney Chew; Brian Cooper; Julia Ortega; Maria De Los Angeles Reynoso; Susan M. Exline; Susan Hecker; Misty R. Hemje; Brittany Kavan; Thuyduong Le M. Moody; Tina K. Nierenberg; Kevin Re; Janet C. Rojo; Maureen O'Connell; Betty L. Tolentino; Robert P. Wrixon; K. Zerounian all of the city of Walnut Creek 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 surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely 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. prope 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 25th day of April
Liberty Mutual Insurance Company
INSU The Ohio Casualty Insurance Company
•CORPORATE MERICAN CORPORAER RANCE West American Insurance Company CA
1912 1919 1991
ANTINOS ANtaROD ShattEr.
ANVIN INDIANA
SHI LSEM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
On this 25th day of April 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance letter of credit. Company, The Chio 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. interest rate or residual value guarantees IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
PASTELL and/or Power of Attorney (POA) verification inquiries, Commonwealth of Pennsylvanla - Notary Seal
Teresa Pastella, Notary Public
Montgomery County Pereas Pastella please call 610-832-8240 or email [email protected].
OF
My commission expires March 28, 2025 By:
Commission number 1126044
Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
NOYARTI PUBLIC
Not valid for mortgage, note, loan, This Power of Attorney is made and oxecuted pursuant to and by authority of the following By-laws and Authcrizations of The Ohio Casualty Insurance Company, Liberty Mutua 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 Altorney.
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 currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety 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 to 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. For ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authcrized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shail appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely 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, aufhorizes 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 surely 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 the 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 with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attemey 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 CASUA •СОПРОРАУ ISURANCE CORFORATE
1912 1919 1991 Ranitels.
OIHO By:
INDIANA Renee C. Llewellyn, Assistant Secretary
ISEN
LMS-12873 LMIC OCIC WAIC Multi Co 02/21