AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned, Century Communities of California, LLC _ referred to herein as the "Developer", whose principal street address is whose mailing
address, if different, is _ and
whose telephone number is (909) 667-0142 _ has made application to the City of Riverside, referred herein as the "City", for approval of project designated Tract 38913; 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 and gutter removal, sidewalk, sidewalk removal, cross-gutters, driveway removal, driveway approaches, wheelchair ramps, A.C. paving, aggregate base material, A.C. overlay, sanitary sewer and appurtenances, signal modification, and traffic and warning signs; all or some of which as shown on street and sewer plans.
The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of the work shall be done and improvements made and completed as shown on and 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 the surety's obligations shall not be changed. 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, or 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, 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 expenses and attorney's fees 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 judgment of the City may be required, all at the full expense 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 as the 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.
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 One Hundred Forty-seven Thousand Eight Hundred and 00/100 dollars ($147,800.00). In addition, the Developer shall provide security in the amount of Seventy-three Thousand Nine Hundred and 00/100 dollars ($73,900.00) 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 guarantee performance and payment to laborers and material suppliers shall be in the form of corporate surety bonds (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.
The Developer acknowledges that installation of the 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 improvements, written application must be made to the City requesting agreement 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.
IN WITNESS WHEREOF, this agreement has been duly executed by the Developer above named on November , 2024.
(Names and signatures must be Century Communities of California, LLC the same as on security and
City Attorney's Office must
approve both this agreement By_ Mann I Makcher
and the security) Signature
Thomas J. Hildebrandt, Vice President
Name and Title
311-56/CL 212 (Rev. 5/87) 4
CITY OF RIVERSIDE
City Engineer
IN JA MAMAN MOSTMA
Checked by: Chris Scully
Deputy City Attomey
311-56/CL 212 (Rev. 5/87)
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individual who signed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
State of California
County of Orange
On November 11, 2024 before me, Devin Broderick, a Notary Public (insert name and title of the officer
Thomas J. Hildebrandt
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 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.
DEVIN BRODERICK
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2393478
My Comm. Expires Feo 9, 2026
Signature (Seal)
Surety Bond No. 0256403
FAITHFUL PERFORMANCE BOND
(CONSTRUCTION)
WHEREAS the City of Riverside, a municipal corporation of the State of California, and _Century Communities of California, LLC _, hereinafter referred to as "Principal" , have entered into an agreement whereby • Principal agrees install and complete certain designated public improvements, which said agreement, dated , 2024, and identified as Agreement
for Construction of Improvements for project designated as Tract 38913, 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; Berkley Insurance
NOW, THEREFORE, we, the Principal and Company _ a corporation organized and doing business under and by virtue of the laws of the State of Delaware 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 One Hundred Forty-seven Thousand Eight Hundred and 00/100 dollars ($147,800.00) 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 stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and 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 costs and expenses therefor shall become a debt due and owing said City of Riverside, as set forth in said agreement. 311-57/CL 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on _ November 19 - 2024.
Principal Lentury communites Surety
carton uc
By. Hmmy behin By Herdi Bockus
Attorney-in-fact
4695 MacArthur Court, Suite 300 475 Steamboat Road
Address of Corporate Surety
Newport Beach, CA 92660 Greenwich, CT 06830
City (Zip Code)
203-542-3800
Phone
pproyed as to Fom
Marsh USA LLC
KiSh Producer (Bond Issuing Agent)
By:
Ruthann M. Salera 1225 17th Street, Suite 1300
Address
Deputy City Attorney
Denver, CO 80202
City (Zip Code)
303-308-4500
Phone
311-57/CL 2158 (Rev. 6/86)
2 Note: Signature of Attorney-in-fact to be acknowledged before Notary Public. Attach Power of Attorney.
311-57/CL. 215B (Rev. 6/86)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver
County of
On November 19, 2024 before me. Kathleen Kiyoko Freund, Notary Public (Here insert name and title of the officer)
personally appeared Heidi K. Bockus
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.
KATHLEEN KIYOKO FREUND
WITNESS my hand and official seal. NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994001307
(Notary Scal) MY COMMISSION EXPIRES FEBRUARY 26, 2027
Signature of Notary Public
My Commission Expires: 2/26/2027
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Document Date • State and County information must be the State and County where the document Number of Pages signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. • Individual (s) he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Corporate Officer
• The notary scal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If scal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. • Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
• Attorney-in-Fact Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document
....
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com No. BI-7876c-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Heidi K. Bockus; Krista M. Lee; or Rattanatevy Lor of Marsh USA LLC of Seattle, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of May 2024 INSURANCE Attest: Berkley Insurance Company
SHPORAT"
SEAL By li By_
Philip S. Welt Jeffrey M. Hafter
DELAWARE Executive Vice President & Secretary Senior Vice President
STATE OF CONNECTICUT)
) SS:
COUNTY OF FAIRFIELD
Sworn to before me, a Notary Public in the State of Connecticut, this 2 day of. May 2024 _ by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company.
Masia Pindbake
MARIA C. RUNDBAKEN
NOTARY PUBLIC Notary Public, State of Connecticut
CONNECTICUT
MY COMMISSION EXPIRES 04-30-2020 CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorsity AN attached, is in full force and effect as of this date.
RKLEY 2024
(Sit e de say hand and seal of ture Company. this 19th, day of Noverber
DELAWARE
Vincent P. Forte
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho signed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
State of California
County of Orange
On November 21, 2024 before me, Devin Broderick, a Notary Public (insert name and title of the officer)
personally appeared Thomas J. Hildebrandt
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. DEVIN BRODER: CK
Notary Public - Car:fornia
Orange Courty
Commission #2393478
My Comr. Expires Fe9, 2026
Signature (Seal)
Surety Bond No. _ 0256403
LABOR AND MATERIAL BOND
(CONSTRUCTION)
WHEREAS, the City of Riverside, a municipal corporation of the State of California, and Century Communities of California, LLC _ hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 2017, and identified as Agreement for
Construction of Improvements for project designated as Tract 38913, 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 oF R a good and sufficient payment bond with the City of Riverside to secure the claims to which CLe 15 n3 c2) 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 Berkley Insurance Company..., a corporation organized and doing business under and by virtue of the laws of the State of Delaware , 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 Seventy-three Thousand Nine Hundred and 00/100 dollars ($73,900.00) 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 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 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 said agreement or the specifications accompanying the same shall in any manner affect its 1 311-59/CL 427B (Rev. 6/88)
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 November 19 2024.
Century Communities of California, LLC Berkley Insurance Company Principal Surety
By Heidi Bockus
Attorney-in-fact Heidi K. Bockus
4695 MacArthur Court
475 Steamboat Road
Address of Corporate Surety
Newport Beach, CA 92660 Greenwich, CT 06830
City Zip Code
203-542-3800
Phone
Marsh USA LLC
Approxed as to Form: Producer (Bond Issuing Agent)
1225 17th Street, Suite 1300
Address
Ruthann M. Salera Denver, CO 80202
Deputy City Attorney City Zip Code
303-308-4500
Phone
NOTE: Signature of Attorney-in-fact to be acknowledged before a Notary Public.
Attach Power of Attorney.
2 311-59/CL 427B (Rev. 6/88)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver
County of
On November 19, 2024 before me, Kathleen Kiyoko Freund, Notary Public (Here insert name and title of the officer)
personally appeared Heidi K. Bockus
Who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to he within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizec capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf o 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.
KATHLEEN KIYOKO FREUND
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994001307
MY COMMISSION EXPIRES FEBRUARY 26, 2027
(Notary Seal)
Signature of Notary Public
My Commission Expires: 2/26/2027
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. • Individual (s) he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title)
• Partners)
the county clerk.
• Attorney-in-Fact
Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com No. BI-7876c-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Heidi K. Bockus; Krista M. Lee; or Rattanatevy Lor of Marsh USA LLC of Seattle, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd _ day of May 2024 INSURANCE Attest: Berkley Insurance Company
SEAL By By - they th
PhilipS Welt Jeffrey M. Hafles
DELAWARE Executive Vice President & Secretary Senior Vice President
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 2nd day of _ by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company.
MARIA C. RUNDBAKEN
NOTARY PUBLIC Notary Public, State of Connecticut
CONNECTICUT
MY COMMISSION EXPIRES 04-30-2020 CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attossily attached, is in full force and effect as of this date BERKLEY see deny had and seal of the Company, this 19t/2 day or November 2024
CELAWARE
Vincent P. Forte
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individual vho signed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
State of California
County of. Orange
On November 21, 2024 before me,_ Devin Broderick, a Notary Public (insert name and title of the officer)
personally appeared Thomas J. Hildebrandt
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. DEVIN BRODERICK
Notary Pubiic • California
Orange Courty
Commission # 2393478
My Comm. Exaires Fep 9, 2026
Signature (Seal)