Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 15294 Bond No.:_LICX1210775
Case No.: EROW 2-00194 Premium: $7,476.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated Deuember 1, 202) _, and identified as Tract Map No. 15294 Case No. EROW 21-00194 forVerbenall
Off-Site Public Improvements), is hereby referred to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and Lexon Insurance Company _ a corporation of the State of doing business under
and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum ofTwo Million Five Hundred Sixty Thousand Three Hundred Sixty Seven and 13/100 dollars, ($_ 2,560,367 _ 13), 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 The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to rory sees per ass and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank. 030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 15294
Case No.: ER0L021-00194
Bond No.:_LICX1210775
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 18 _ 20_21 D.R. Horton Los Angeles Holding Company, Inc. Lexon Insurance Company Name of Principal (Applicant) Name of Surety Company
By: Vick Sallin Salbum
By:
By: VICK GUIlION By: James i. Moore
By: ASSt SeCRetARy By: Attorney-in-Fact
Mailing Address:
2280 Wardlow Circle, Suite 100 12890 Lebanon Road
Address of Principal Address of Surety Company
Corona, CA 92878 Mt. Juliet, TN 37122
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Ersk Manager City Attorney
CCP: ccp
/shared/Development/Projects/SuretyRecoverv/Forms/FPBond.Blank. 030520
SOMPO INTERNATIONAL
INSURANCE
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: James I. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett, Martin Moss as true and lawful Attorneys)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of FIFTEEN MILLION Dollars ($15,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorneys)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled "Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15t day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by tacsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respec! to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15'h day of June, 2019.
Endurance Assurance Corporation Endurance American Lexon Insurance Company Bond Safeguard Insurance Company Insurance Company
Lippe
By: By: By: By: /A
Richard Appel; Sikh Menior Counsel Richard Appel, S/P-3 Senior Counsel Richard Appel: SVP. & Senior Counsel Assurance erican Insur Richard Appel SKe & Snior Counsel • ORPORA THE RANGE CONN
ce SOUTH
SEAL SEAL SEAL DAKOTA
2002 1996 INSURANCE
DELAWARE DELAWARE. Затем по- COMPANY
приз
ACKNOWLEDGEMENT
On this 15" day of June, 2019, before me, personally came the above signatories known to me, who being duly swor, did depose and say that he/they s'ah officer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under the by laws of each Company.! aylor
By:
Amy Taylor, Notary Public My Commission Expires 5/9/23
CERTIFICATE
1, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof,
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds undertakings or obligations in surety or co-surety for and on behalf of the Company.
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 18th day of November 2021 Danets.
Secretary
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concernina possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". . OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website - https://www.treasury.gov/resource-center/sanctions/SDN-List In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: [email protected] Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 State of Illinois
; ss.
County of DuPage
On November 18, 2021, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires August 28, 2025
"OFFICIAL SEAL
Sinem Nana SINEM NAVA
My Commission Expires Aug. 28, 2025 Notary Public - State of Illinois Sinem Nava, Notary Public
Commission No. 859777 -
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Riverside
On_ 11/19/2021 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared • Vicki Gullion
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.
ALYSSA M. BOTTINELLI
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
(Seal)
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 15294 Bond No.: LICX1210775
Case No.: EROW 21-00194 Premium: Included in Performance Bond WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and _ D.R. Horton Los Angeles Holding Company, Inc. (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated December 7 2021 _ and identified as Tract Map No. 15294 Case No.: EROW 21-00194 Verbena Il - Off-Site Public
Improvements), 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 Victorville to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and Lexon Insurance Company _ doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and contractors, subcontractors, laborers, material suppliers, and other persons toresaid Code of Civil Procedure in the sum of
Sixty Seven and 13/100 dollars, ($_ 2.560,367 _ 13), lawful money of the United States, 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 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 the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4, 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.
Public Improvements
Labor & Materials Bond
Tract Map No.: 15294
Case No.: EROW 21-00194
Bond No.: LICX1210775
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 manner 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 18 _ 20 21 D.R. Horton Los Angeles Holding Company, Inc. Lexon Insurance Company Name of Principal (Applicant) Name of Surety Company
allu
By:
By: VICKI GUION By: Wames I. Moore
By: A0St SeCReTRy By:_Attorney-in-Fact
Mailing Address:
2280 Wardlow Circle, Suite 100 12890 Lebanon Road
Address of Principal Address of Surety Company
Corona, CA 92878 Mt. Juliet, TN 37122
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520
SOMPO INTERNATIONAL
INSURANCE
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively. "Sompo International," do hereby constitute and appoint: James I. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett, Martin Moss as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions. agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of FIFTEEN MILLION Dollars ($15,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorneys)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled "Certificate".
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15' day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June, 2019.
Endurance Assurance Corporation Endurance American Lexon Insurance Company Bond Safeguard Insurance Company Insurance Company
By: By: By: By: Lic/
Richard Appeli SVPBuMenior Counsel Richard Appel; Senior Counsel Richard Appel; SVP. & Senior Counsel Richard Appel, Sure Senior Counsel
CORPORATE THE RANGE COME
SEAL SEAL SEAL
2002 1996 INSURANCE
DELAWARE : DELAWARE aNOB COMPANY
A TE
ACKNOWLEDGEMENT
On this 15'" day of June, 2019, before me, personally came the above signatories known to me, who being duly swor, did depose and say that hethey s'aht officer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under the by-laws of each Company:
aulor
By:
Amy Taylor, Notary Public - My Commission Expires 5/923:
CERTIFICATE
1, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified that the undersigned has compared the foregoing copy thereof with the original power of attomey, and that the same is a true and correct copy of the original power of attorney and of the whole thereof,
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds. undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L SIMS.
CHRISTOPHER L. SPARRO. MARIANNE L WI BERT
;and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds undertakings or obligations in surety or co-surety for and on behalf of the Company.
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 18th day of November NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website - https://www.treasurv.gcv/resource-center/sanctions/SDN-L In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediatelv subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: [email protected] Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 State of Illinois
} ss.
County of DuPage
On November 18, 2021, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires August 28, 2025
OFFICIAL SEAL
SINEM NAVA
Sinantana Notary Public • State of Illinois
L My Commission Expires Aug. 28, 2025
Sinem Nava, Notary Public
Commission No. 859777
-
ACKNOWLEDGMENT
State of California
County of Riverside
On 11/19/2021 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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.
ALYSSA M. BOTTINELLI
Notary Public - California
WITNESS my hand and official seal. Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
(Seal)
MONUMENTATION PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement)
Tract Map No.: 15294 Bond No.: LICX1210776
Case No.: EROW 21-00194 Premium: $150.00
D.R. Horton Los Angeles Holding
LET IT BE KNOWN BY THESE PRESENT, that Company, Inc.
as the subdivider (hereinafter "Principal"), and Lexon Insurance Company _ doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of Twenty Six Thousand Two Hundred Thirty Five and 00/100 dollars ($ 26,235 00) lawful money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as Tract Map/Parcel Map/Case No. 15294 located at Lot No.'s 1 through 84, inclusive in the City of Victorville; and, WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement and recorded with the San Bernardino County Recorder per Document No. . 2007-0546962 (hereinafter referred to as "Agreement") whereby Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated December 1 - 2021 and identified as Tract Map/Parcel Map/Case No. 15294 _ is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date,
VOW, THEREFORE
(Name of Licensed Civil Engineer or
Land Surveyor) in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordinances of the City of Victorville in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect.
CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/MonumentationBond.Blank.101311 Monumentation Performance Bond
Tract/Case No.: 15294
Bond No.: _LICX1210776
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 18 _ 20_21 D.R. Horton Los Angeles Holding Company, Inc. Lexon Insurance Company Name of Principal (Applicant) Name of Strety Company
By: _ Dullin By:
By: VICKi GUilION By: James I. Moore
By: At JeCReTARy By: Attorney-in-Fact
Mailing Address:
2280 Wardlow Circle, Suite 100 12890 Lebanon Road
Address of Principal Address of Surety Company
Corona, CA 92878 Mt. Juliet, TN 37122
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
City Attorne
CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/MonumentationBond.Blank. 030520
SOMPO INTERNATIONAL
INSURANCE
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: James I. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett, Martin Moss as true and lawful Attorneys)-in-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of FIFTEEN MILLION Dollars ($15,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorneys)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled "Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15t day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached
IN WTNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June, 2019.
Endurance Assurance Corporation Endurance American Lexon Insurance Company Bond Safeguard Insurance Company Insurance Company
By: By: By: -14- By: Lic
Richard Appel: SVP Senior Counsel Richard Appel; SyR& Senior Counsel Richard Appel; SVP & Senior Counsel Richard Appel, yes, Benior Counsel Assurance JARD INSURANC
CORPORATN ALRANGE CONS
AFEGI
SOUTH
SEAL SEAL SEAL DAKOTA
2002 1996 INSURANCE
• DELAWARE ONDE COMPANY
DELAWARE
приз 4 т E
ACKNOWLEDGEMENT
On this 15' day of June, 2019, before me, personally came the above signatories known to me, who being duly swor, did depose and say that he/they is all officer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under the by-taws of each Company:
aulor
By:
Amy Taylor, Notary Public - - My Commission Expires 5/9/23
CERTIFICATE
1, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified:
that the undersigned has compared the foregoing copy thereof with the original power of attorey, and that the same is a true and correct copy of the original power of attorney and of the whole thereof,
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS.
CHRISTOPHER L SPARRO. MARIANNE L WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 18th day of November 20 21 Ву:
Danie
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency" OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website - hitps:/ ww.treasur.cov/resource-center/sanctions/SDN-LIST In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by FAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: [email protected] Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 State of Illinois
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County of DuPage
On November 18, 2021, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires August 28, 2025
X memora SNEM MANA
Sinem Nava, Notary Public
Commission No. 859777
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ACKNOWLEDGMENT
State of California
County of. Riverside
On_ 11/19/2021 before me, _Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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/her/their authorized capacityies), 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.
ALYSSA M. BOTTINELLI
Notary Public - California Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
(Seal)