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18-0523_THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS_Perf Bond No. 82393573 BOND NO. 82393573 INITIAL PREMIUM: $78 45n SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day WHEREAS the City of San Juan Capistrano ("City") and Saints, a Utah Corporation Sole ("Principal"),have executed an agreement for work consisting of,but not limited to,the furnishing of all labor,materials,tools,equipment; services,and incidentals for all grading and installation of related improvements for B17-1371 LDS CHURCH ("the Work"); WHEREAS,the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated May 23 , 2018 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS,Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW,THEREFORE,Principal and Federal Insurance Company as surety ("Surety"),a corporation organized and existing under the laws of the State of Indiana ,and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of One Million,Nine Hundred Fifty Four Thousand Two Hundred Five dollars ($1,954,205), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such,that if Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, warranties and provisions in the 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 intent and meaning, and shall indemnify and save harmless City, its officers, employees,and agents,as therein stipulated in the Agreement,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. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto,or to the Work to be performed thereunder,shall in any way affect its Grading Surety Agreement, Permit#B17-1371 Page 8 of 10 61147.02100\24835741.2 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,the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Federal Insurance Comparwhis 24 day of May 2018 . Corporation of The Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah Corporation Sole Federal Insurance Company Principal Surety By: % ��%' By: (. e -- • ' •et. d 1/20.44- Attorney-in-Fact 2 if t ,. • i colleen Stanton (print ne) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit#B17-1371 Page 9 of 10 61147.02100\24835741.2 Federal Insurance Company ACKNOWLEDGEMENT OF SURETY State of Utah, County of Salt Lake}ss. On May 24, 2018, before me,the undersigned, a Notary Public of said county and state, personally appeared Colleen Stanton, known to me to be the Attorney-in-Fact of Federal Insurance Company,the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the corporation therein named, and acknowledged to me that such Corporation executed the same. :"wr"� CASSlf BLACK 0 .i '�• '�''"••'• Notary Public, State of Utah 4/- �� ' ,.( , i Commission q 678064 ; +fir , My Commission Expires '__ ;,,: May 2�,zote Notary Public f-1UBISE " Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Parks Mangelson, Kris Powers and Colleen Stanton of Salt Lake City, Utah each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 1st day of May,2017. f5L Dawn NI.Ch!oru.Assistant Secretary Stephen NI.!fancy,Vice President 0 Iva-) (ft) • STATE OF NEW JERSEY County of Hunterdon SS- • On this 1st day of May,2017 before me,a Notary Public,of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC.INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the-seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. • Notarial Seal - '4o -KATHERINE J.-ADELAAR - 'pOtAgyNOTARY PUBLIC OF NEW JERSEY // M.4••• • No.2318585 :1 , / yPv6L1G Commisslzpkes Joy ctt[ 16,2018 Notary Public 6yy�Rg� • CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a'Written Commitment): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as maybe specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,maybe affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico, and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 2'( 442-1' ec fit'- 2 (T (#JA C)OLLIsOr6-1.ektsokt Dawn NI.Chloro,;.t\estant Secretary° IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 a-mail:surety@chubb.com Form 15-10-0225B-U GEN CONSENT(rev.12-16) . , 575-397 ,-6/545- RECEIVED CERTIFICATE OF AUTHORITY JUL 0 2 2007 Utah Div.Of Corp.&Comm.Code 1, H. DAVID BURTON, do hereby certify that (a) I am the Presiding Bishop of The. Church of Jesus Christ of Latter-day Saints, a religious association, and by virtue of such office I am the incumbent of Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter- day Saints, a Utah corporation sole; (b) I am the person designated in the Articles of Incorporation OLS of said corporation sole to sign and execute deeds and other instruments of writing and to transact all of the business of said corporation sole pursuant to the provisions of Title 16,Chapter 7, Section 8,Utah Code Annotated, 1953, as amended; and (c)pursuant to said Section 16-7-8, I hereby designate and appoint DOUGLAS H.MARTIN as an agent authorized and empowered to act and execute documents on behalf of said corporation sole: 1. To establish bank accounts,to certify to the appropriate banks the names of those individuals authorized to deposit funds in,to sign checks on, and to withdraw funds from said bank accounts, and to attest to signatures of said authorized signers; 2. To execute applications and reimbursement agreements in respect of bank letters of credit as to which the corporation is an account party; 3. To execute, deliver and perform agreements relating to bank service; and 4. To execute federal and state tax returns and other reports relating to employment and payroll matters. This Certificate of Authority supersedes and replaces that Certificate of Authority, dated April 20,2006,issued to Wesley L. Jones and Mark K. Olson by H.David Burton,the w incumbent of said Corporation of the Presiding Bishop of The Church of Jesus Christ of 70, Latter-day Saints. 0 Dated this 2day of, "V'�`� ,2007. State of Utah Department of Commerce Division of Corporations and Commerdal Code CORPORATION OF THE PRESIDING BISHOP • hereby certified that the foregoing has been filed OF THE CHURCH OF JESUS CHRIST OF d approved on this day ot�. 2007 LATTER-DAY SAINTS, a Utah corporation sole In this office of this Division'and er:/ issued this Certificate thereof. _ aminer Ii`! Date 30 0 Kathy Der° By: f/ 40/ � :` Division Director H.Davi• := a i incumbent • • STATE OF UTAH ) : ss COUNTY OF SALT LAKE ) On this 2-1 day of MO , 2007,personally appeared before me H.David Burton,personally known to me to be the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and acknowledged to me that he signed the foregoing instrument as the incumbent of Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and that said H. David Burton acknowledged to me that said corporation executed the same. • BROOK P.HALES NOTARY PUBWTE�-STATE OF_ +43 IWPJF t tai 1D3 id MOUTH S�tt�stct:Ctro eat6a Notary Public41Vand for saiab ai�o7 • 11P02I20DS. Receipt Number:2167447 Amount Palcl: $136.O0 p.�: 04:74 Ofon 05 ate CQmm code NOTICE OF REVOCATION OF AUTHORITY , KNOW ALL MEN BY THESE PRESENTS: That I, GERALD CAUSSE, do hereby certify that: (a) I am the Presiding Bishop of THE CHURCH OF JESUS CHRIST OFF LATTER-DAT' SAINTS, a religious association; (b) By virtue of such office,I.am the incumbent of CORPORATION OFTHE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole; (c) I am the person designated in the articles of incorporation of said corporation sole to sign and execute deeds and other instruments in writing and to transact all businessof said corporation sole,pursuant to the provisions of Section 16-7-8,Utah Code Annotated 1953,as amended; (d) Pursuant to said Section 16-7-8,previously agents and attorneys-in-fact have been designated to sign deeds and instruments in writing and to transact business for and on behalf of said.Corporation Sole; (e) Certificates of authority designating such agents. and attorneys-in-fact. have previously been filed in the office of the Utah Division of Corporations and Commercial Code, as contemplated and required by said Section 16-7-8; (f) Pursuant to said Section 16-7-8, all such prior authorizations and designations of agents and attorneys-in-fact, for whatever purpose, duration or scope, that are evidenced by certificates of authority in regard to said corporation sole filed of record with the Utah Division e Z of Corporations and Commercial Code have been and hereby REVOKED excepting solely ro those authorizations and designations set forth on Schedule "A" to this Notice of Revocation of Authority; arid , -4 CI CP TO MI Page 1 of (g) The authorizations and designations referenced on Schedule"A"to this Notice of Revocation of Authority are hereby ratified and confirmed. Executed at Salt Lake City, Utah this 4 day of October, 2015. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS By ( 11. . i f ii / erald Causse Incumbent UNITED STATES OF AMERICA ) STATE OF UTAH ) ss. COUNTY OF SALT LAKE . ) On October �, 2015, personally appeared before me GERALD CAUSSE, personally known to me to be the Presiding Bishop of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,and acknowledged to me that he signed the foregoing instrument as the incumbent of CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OFJESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, and said "e. 4. 6u , sS2 acknowledged to me that said corporation sole executed the same. t7.7;:*'! ,. v c c PORTER • : rrAH "m CorT61:1%.0 912016 1:d:14,26;6� My Carrim.Face• C Commission#652845 "' Nota Public in and for the State of Utah Page 2 of 5 SCHEDULE "A" TO NOTICE OF REVOCATION OF AUTHORITY Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints The following Certificates of Authority filed of record with the Utah Division of Corporations and Commercial Code in regard to Coiporation of the Presiding Bishop of The Church of Jesus Christ ofLatter-day Saints erre NOT revoked but rather are ratified and cot f Tined• Name of Agent Date of Certificate of Authority Dean M. Davies October a, 2015 W. Christopher Waddell October 2015 Berne S. Broadbent December 18, 2012 Barry V. Taggart Andres R. Ramos June 20, 2014 Robert C. Craig August 17, 2010 Robert C. Craig August 18, 2010 M. Scott Newbold June 20, 2104 J. Roberto Hernandez June 20, 2014 E. Kent Hinckley April 1, 2011 Robert W. Cantwell July 2, 2013 Robert W. Cantwell July 2, 2013 Douglas H. Martin Steven C. Penrose Paul D. Rytting June 3, 2003 Douglas H. Martin June 29, 2007 Michael M Thomas October.23, 1998 Linda B. Anderson December 29, 1995 Jason K. Nelson January:14, 2015 Dale R.Jones December 29, 1995 Page 3 of 5 Name of Agent Date of Certificate of Authority Dean A. Barney August 23, 2005 Troy D.Van Drimmelen July 1, 2011 Holly L. Saniger April 2, 2015 Kelly N. Taylor April 2, 2Q15 Don M Sleight May 23, 2014 William FL Redd June 12, 2006 William Andrew Springer Kelly W.Tryon Warren:H. Peterson February 29, 2012 Frank K.Judd January 22, 2008 Warren FL Peterson February 27, 2012 Armando Caballero Paul Munns Mark B. Gibbons January 1, 2012 Charles B. Russell June 16, 2009 Paul D. Hansen April 16, 2012 David K. Stapley August 15,2012 Jared W. Doxey November 30, 2010 Leland C.Mason April 16,2012 Terry J. Cano December 8, 2012 James M. Underwood March 28, 2013 Brian Hanley March 28,,2013 David Forbach March 28, 2013 Kevin Whiting March 28, 2013 Garth Martin March 28, 2013 Ross Ranzenberger March 28, 2013 Philip F. Howland March 28,2013 Edmund Howell March 28, 2013 Page.4 of 5 _ Name of Agent Date of Certificate of Authority Brent W. Roberts November 30,2010 David13' HuD April 24, 2003 Cory C. Karl June 18, 2009 Glenn McKay July 31, 2008 Teoy.lz. BLudd September 28, 2001 Jeffrey H.Newey June 20, 2013 Nue 5 of 5