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00-0117_PH - SJ LCC_Surety Agreement0 0 SURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and PH -SJ, LLC., a California Limited Liability Corp., referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 41435 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Rancho Viejo Road, San Juan Capistrano, commonly referred to as Tract No. 15771. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 0 0 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $33,450.00 for that work described in Exhibit "A". This security of $33,450.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A'; C. Remove all debris and construction materials from the site; and D. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 0 0 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers, and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. In witness whereof, the parties have executed this agreement as of January 17, 2000, at San Juan Capistrano, California. Developer City of San Juan Capistrano IAM* By: Daniel W. McFarland Managing Member of PH-SJ,LLC Approved as to Form: By: Joh haw City Attorney Building Official 0 0 EXHIBIT "A" Summer Walk Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 41435 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Summer Walk, Tract 15771, dated December 15, 1999, prepared by A.R. S., Alan Short, Engineer, RCE No. 30873. (B) Geotechnical Report for Summer Walk, Tract 15771, dated December 15, 1999, prepared by Norcal Engineering, Keith Tucker, Engineer, No. RGE 841. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 41435 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. E EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date February 18, 2000 March 18, 2000 Task Rough Grade Certification Landscape Irrigation April 18, 2000 Landscape Planting 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 41435. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 41435. Winter grading will be conducted in strict accordance with the dynamic erosion -control plan submitted by the Developer, and approved by the City. This erosion -control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion - control planting as required by the City. C. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. D. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. E. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. F. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation and submit a final archaeological report to the City upon completion of the grading. G. Installation of interim erosion -control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion -control landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. H. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. 1. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on-site. THE GROUP February 5, 2001 CITY OF SAN JUAN CAPISTRANO 324 PASEO ADELINTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 8154275 Principal Name: PH SJ L L C Dear Obligee: 0 RECEIVED Fee 12 3 27 PM '01 CITY CLERK OEPAPTHENT C;,y OF iAN JUAN CA°ISTRANO You have recently received a letter regarding the merger of Developers Insurance Company (RICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. • CA Ge. 0403172 17780 Fitch • Suite 200 • Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax (949) 252-1955 • htm://w .InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 0 MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President 01Secretary 0 MEMORANDUM TO: Meg Monahan, City Clerk 0 FROM: Nasser Abbaszadeh, Building and Engineering Director /if � Pr SUBJECT: Grading Bond Release, Summer Walk (The Olson Company) May 25, 2005 This memorandum is authorization to release the grading bond posted for Tract 15771, Summer Walk. The grading for the project has been completed and the bond can now be released. A Performance Bond posted with Developers Insurance Company., Bond Number 815427S, was posted as security for the bond. A copy of the Surety Agreement and Performance Bond is attached for your information. If you have any questions, please contact me. Attachment cc: file 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjuancapistrano. org June 6, 2005 5°� rJn IkA IA[AAAAAAifA fsfRUSH lo � 1961 1776 Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Re: Release of Bonds — Grading Bond, Summer Walk, Grading Permit No. 41435 (PH -SJ, LLC Dear Sir or Madam: Nasser Abbaszadeh, Engineering & Building Director, requested release of a grading bond posted for Tract 15771, Summer Walk. The bond was originally issued by Developers Insurance Company, which was merged into Developers Surety and Indemnity Company, effective December 29, 2000. According to this action, the following original bond is enclosed and officially released as of June 6, 2005. BOND NO. PURPOSE AMOUNT 815427S Statutory Performance Bond $33,450.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Developers Surety and Indemnity Company from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly your , Meg Nogah, CMC En cc: (Letter copy only) PH-SJC, LLC ( c/o The Olson Company, 3020 Old Ranch Parkway, Ste 400, Seal Beach, CA 90740) Bret Caulder, Building & Code Enforcement Services Manager Nasser Abbaszadeh, Engineering & Building Director San Juan Capish•ano: Preservin,; the Past to Enhance the Future IL—* Printed on rewcletl paper Bond No.: Premium: 815427S $468.00/ 2 Yrs. STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that PH -SJ, LLC, a California limited liability company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance Company, as Surety, hereinafter called SURETY, are held and fimdy bound unto the City of San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three Thousand Four Hundred Fifty Dollars ($33,450.00) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 41435 and the Developer's plans for Tract No. 15771. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred y enforcing such obligation. all to be taxed as costs and included in anyi �11 DATE H 3020 OLD RANCH PARKWAY, SE ; SEAL BEACH CA 90740 PHONE# 562-596.4770 x236 AX # Statutory Performance Bond Executed this 18TH California. 7 O E AS TO FORM JoA Shaw City Attorney 0 Page 2 day of JANUARY '2000, at IRVINE any `rhli OLSon1Go.-WlAnviBirJb tMbW�Rfle- (NOTARIZATION AND SEAL) SURETY DEVELOPERS INSURANCE COMPANY By: ini i ginia Lou man Attorney-in-Fact (NOTARIZATION AND SEAL) STATE OF CALTFORNTA SS. COUNTY OF ORANGE, On JANUARY 18 2000 -,before me, NAM PERSONALLY APPEAREDyIRf TNTA tit T.rnrntAN personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL N. AMYX y COMM. # 1233934 No PubIfc . CaRomle ORANGE COUNTY O My Comm. 80r*3 BEPT 0, &Mp This aTea for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )D-081 R,1. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On January 18, 2000, before me, Sharon Tooman, personally appeared Mark Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ��. SHARON TOOMAN Commission # 1242275 No1Cay Public - California ""''h: _ - Orange County Sharottooman My Comm. Criss Nov 19,2M3 Notary Public State of California (SEAL) Bond No.: 8154 2 7 S Premium: $468.00/ 2 Yrs. STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that PH -SI, LLC, a California limited liability company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three Thousand Four Hundred Fifty Dollars ($33,450.00) for payment whereof Contractor and Surety bind themselves, their hens, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 41435 and the Developer's plans for Tract No. 15771. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 3020 OLD RANCH PARKWAY, SUITE 250 SEAL BEACH CA 90740 PHONE# 562-596-4770 x236 FAX # 562-591 Statutory Performance Bond Executed this 18TH day of JANUARY Califomia. APPRO D AS TO FORM JobA Shaw City Attorney Page 2 2000, at IRVINE , ornia company -MC 0L5oN W.- MlitLrGik)i- N ►�BEIL (NOTARIZATION AND SEAL) SURETY DEVELOPERS INSURANCE COMPANY Virginia M. Louman Title: Attorney -in -Fact (NOTARIZATION AND SEAL) STATE OF CALTEORNTA SS, COUNTY OF ORANGE On JANUARY 18 2000 before me, PERSONALLY APPEARED VIRGINIA M LOUMAN personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL 93 YCW This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El n u ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )D-083 R,6/94 ALL-PURPOSE ACKNOWLEDGEMENT 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On January 18, 2000, before me, Sharon Tooman, personally appeared Mark Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. n,..._,c .....,ctkr�\.wn9wft�.....Je::-•4bx.,"t..�.x �' SHARON 1('('M "q -- Commission .f 1'242175 z Notary Public - Confomia Orange County My Cornet, rpies Nov 19,20M Sharon Tooman Notary Public State of California (SEAL) Bond No.: 815427S Premium: $468.00/ 2 Yrs. STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that PH -SJ, LLC, a California limited liability company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three Thousand Four Hundred Fifty Dollars ($33,450.00) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 41435 and the Developer's plans for Tract No. 15771. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be mill and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and re expenses and including reasonable attorney's fees, incurred by City i 17' such In attorney's all to be taxed as costs and included in any judgmentrendered. Teo r DATE 3020 OLD RANCH PARKWAY, SUITE 250 SEAL BEACH CA 90740 PHONE# 562-596-4770 x236 FAX # 56: 0 Statutory Performance Bond Executed this 18TH day of JANUARY 2000, at IRVINE California . ' P E •FORMttornq Page 2 PH -SJ, , California limi iabi,.ity company TtALOJSo Gp•-N/1((y�tgl�Jf�11n£Wtti£le— (NOTARIZATION AND SEAL) SURETY DEVELOPERS INSURANCE COMPANY Virginia ouman Title: Attorney -in -Fact (NOTARIZATION AND SEAL) STATE OF CAT IFORNIA SS. COUNTY OF ORANGE On JANUARY 18 2000 before me, PERSONALLY APPEARED 171RT77A M r DTTMAN personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL N. AMYX p COMM. N 1233934 r2 Notary Public - Califomla ORANGE COUNTY My Comm. EXPlres SEPT 4, 2003 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF REASONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ,0-081 Rcv. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF EMNITY COMPANY OF CALIF(, Al DEVELOPERS INSURANCE COMPANY P.O. BOX 18725, IRVINE, CA 92623 • (949) 263-3300 N° 0 1 1 5 3 7 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal Is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN By THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***JAMES E. MARY, VIRGINIA M. LOUMAN, JOAN M. WYNN, MICHELLE HAASE, MICHAEL J. HENSEL, MARIE T. ROLISSIERE, CYNTHIA S. INGRAHAM, JOINTLY OR SEVERALLY""* the true and lawful Attorneys) -In -Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars ($10,000,000) in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December, 1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Qalf V By_�__ • V DanVF. Vincenti, Jr. Dante incenti, Jr. President cpMPp �qO Pi sident 05'uS q4,1, OP 9t 11 z OCT 5 o r-„ ATTEST MAR 27 o ,may 196) 1 'i I979 _u �2 IrFOPNPS ��� 0 4bFOPs'� By * BY._- k Walter Crowell Waller Crowell Secretary Secretary STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On December 22, 1998, before me, C. Hollister, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose camels) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized oapacity(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. WITNESS y hand and official seal. C. HOLLISTER P / ,� COMM. k 1192615 Signature __. _l. (. (, .. i I - - � Notary Public -California ?y ORANGE COUNTY My Comm. Expires AUG. 11, 2002 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby ;ertify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards N Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 18t1Uay of _janlla T] , 2000_ NDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 3 =MPRH YOf '1� \U:;tIR4 �C OPP Ogytr � �f•QPp Ogq'I'pp. Y.. By trY/ _ - MAR 2J William T4h�alF Sherer t9z9 p Senior Vice President �� frFOPH\Pa Senior Vice President cOP D{314 REV_ (12/98) STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On January 18, 2000, before me, Sharon Tooman, personally appeared Mark Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SHARON TOOMAN Commission # 1242275 Notary PUUic - California County I Sharon Tooman �orange My Comm. F." es Nov 19, 2XCi ..0-w Notary Public State of California (SEAL)