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22-0719_LS-SAN JUAN LLC_Subdivision Improvement Agreement24.3 Attornev's F and Costs: ln the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security lnstruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to allother reasohable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of lmprovement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26 Filino of lmorovement Plans: Upon completion of the job and prior to final acceptance of the Works of lmprovement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies'of all improvement plans in accordance with the latest edition of tfre City of San Juan Capistrano Digital Submission Standards. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This Agreement shall not be assignable by Subdivider without written -.onseni of City, provided that this Agreement may be assigned by Subdivider to any successor in interest to the Property upon written notice to the City within ten (10) days of such assignment, provided that Subdivider shall not by virtue of such assignment be relieved of its obligations hereunder. 28. Good Faith lmprover: Waiver: -Developer hereby agrees that if the Agreement is terminated for any reason other than Developer's termination pursuant to a default of City, Developer waives, to the maximum legal extent, any rights it may have under Code of 17 6 I I 47.003 I 0\40296480. I Civil Procedure Sections 871.1 through 871.5, inclusive, and Code of Civil Procedure Section 741 and all other state or federal statutes or judicial decisions of similar effect. With regard only to the matters being released herein, Developerwaives the provisions of Section 1542 of the California Civil Code, and any other similar statute, rule or case law. Developer has read and understands Section 1542, and has consulted with counsel regarding its terms. Section 1542provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. _(lnitials) 29. Phase I and ll Residential Build no Permits Notwithstanding anything to the contrary herein, the City hereby authorizes the City Building Department to issue to Subdivider building permits for fifteen (15) residential units in Phase I and ll of the subdivision to be developed within the Property, priorto recordation of the FinalMap, provided that (a) all other conditions to the issuance of such building permits has been met, including but not limited to the approval of the Production Precise Grading Plans and grading pad certification for all pads within Phase I and ll of the subdivision; (b) Subdivider shall not enter into any binding purchase agreements for the sale of such Phase I and ll residential units with the h6mebuying public until such Final Map is recorded; and (c) no certificates of occupancy shall be issued for such residential units until the Final Map is recorded. Subdivider hereby agrees to indemnify, defend, and hold harmless the City against any claims to the extent arising from the issuance of such building permits prior to recordation of the Final Map' on 6l 147.003 I 0\40296480.1 18 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the __ day of ____ , 2022, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. DEVELOPER By:_�,___ ___ Name:\(SM )¼\Vle_ Its: Q\\J\S\QY) fv<-eS1den+- (Attach Notary Acknowledgement) ATTEST: Attachment: Exhibit "A"61147.00310140296480.I 19 CITY OF SAN JUAN CAPISTRANO ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Jeffrey C. Ballinger, City Attorney BEST BEST & KRIEGER LLP By: ______ Benjamin Siegel, City Manager Corrected Duplicate Original Bond Number: P80301040861 1 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIAL AND PERFOMANCE) LANDSCAPE AND IRRIGATION BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, California ("City") and LS-SAN JUAN LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the fu'T'ishing all labor, materials, performance/services, tools, equipment, and incidentals for the landscape and irrigation improvements as shown for Tract Map No. 18148, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the landscape and irrigation improvements to be performed by Principal is more particurarrv set forth #_,:Fld"|"li?"iiltr"iH:ni,flo'ou"'"nt Asreement dated WHEREAS, the lmprovement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the lmprovement Agreement to provide a good and sufficient bond to insure the landscape and irrigation improvements as shown for as required therein and payment to the landscape contractor who installs landscape and irrigation improvements thereunder. NOW, THEREFORE, PrinciPal and Philadel hia lndemn lnsurance ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , and duly authorized to transact busi ness under the laws of the State of California, are held and firmly bound unto City in the sum of One Million Five Hundred Eiqhtv Thousand Five Hundred Eig htv-one and 10/100 I ,580,581 .10 said sum being not less than one hundred percent improvement installation as set forth in landscape contractor for landscape and our heirs, executors and administrators, (100%) of the total cost of the landscape and irrigation the lmprovement Agreement and payment due to the irrigation improvement installation, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDTTION 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, and warranties for the landscape and irrigation improvement installation as set forth in the lmprovement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the lmprovement 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. 61 1 47 .02100u463211 s.1 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteratibn, or addition to the terms of the lmprovement Agreement, or to any plans, profiies, and specifications related thereto, or to the lmprovements to be constructed ihereunder, shali 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' This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of landscape and irrigation installation as set forth in the lmprovement Agreement. lN WITNESS WHEREOF, we have hereunto set our hands and seals ffiis 1Sth fl3y of June 2022 . (Corporate Seal)LS-San Juan LLC (Corporate Seal)Philadel ia lndemn lnsurance Su By (Attach Attorney-in-Fact Certificate)Title Martha Barreras, Attorney-in-Fact The rate of prem ium on this bond is $5'00 per thousand. The total amount of premium charges is $903.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: Tifl 7 (Name and Address of SuretY)Ph lndemn lnsurance oor n Pasadena L;A. 91 1ul (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of SuretY and Agent or Representative for service of process in California) Lockton lnsurance Brokers LLC '19800 MacArthur Blvd. Ste. 1250 lnrino flA 4t 6 1 | 41 .021 00U463217 s.1 949-252-4425 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document' State of California ) County of Oranqe ) on JUN 1 6 T}ZL before me,Gina L. Garner, Notary Public {Hm in$rt namG aill ttc personally appeared Martha B arreras who proved to me on the basis of satisfactory evidence to be the person{gl whose name6) is4tn subscribed to the within instrument and acknowledged to me that he/she/hgy executed the same in his/her/their authorized capacity(lesx and that by hbdherlflrsix signature$ on the instrument the person{d, or the entity upon behalf of which the person{s} acted, executed the instrument. I certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, W]TNESS my hand and officialseal Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This fomr complies vilh cwrent Califot'nia slalutes regarding nolan' vording ond' fneeded, should be completed and anached to the document. Acknolvedgents front other states may be contpletedlor docunents being sent to that state so long as the vording does not rcqtire tlu Califurnia notary to violate Californla nolaty lav. r State and County information must be the State and County where the document signer(s) personally appeared bcfore the nolary public for acknowledgmant. r Dale of notarizition mrnt be the date thot the siper(s) personally appeared which must also be the same date the acknowledgment is cornpleted. . The notary public must print his or her name as it appears within his or her commissioa followed by a cotnma and thor your title (notary public)' r Print the narne(s) of document signer(s) who personally appexrr at the time of notarization. r lndicate the corect singular or plural fonns by crossing off incorrect forms (i.e. he/she,/rhey;- is /arc ) or circling the conEct forms. Failure to correctly ildicate dtis infonnation may lead to rejecrion ofdocurnent recording. . llte notary seal impression must be cleat and photographically reproducible. lmpression must not cover lext or lines' lfseal impression srnudges, re'seal ifa sufficient area pennits, otherwise oomplete a different acknowledgnent fonn. . Signature of the notnry pubtic must motch the sigoature on file with thc office of thc county clerk. * Additionat information is not required but could help to ensurc this acknowledgment is not misused or attached to a different documenl. I lndicate title ortype ofattachcd documert, numberofJxges anddate. 1.. lndicate the capaoity claimed by thc signer. lfthe claimed capacity is a corporate officer, indicatc thc titlc (i.e. CEO, CFO' Secreraryl. e Securcly atlach lhis document to ihe sigoed docurnent with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (TiUe or descdption of attac-tred document) gi0e or description of attached document mnlinued) Number of Pages - Document llata @. GINA L. GARNER Notary Publlc - California Orange County Commission # 2361777 Comm. Expires Jun 18, 2025 CAPACITY CLAIMED BY THE SIGNER tr lndividual(s)D Corporate Officer tr F n tr ( r rue) Partner(s) Attorney-in-Fact Trustee(s) Other 20'l 5 Version vr"ww. NotaryClasses.cctrl 800-873-9865 KNOW ALL PERSONS BY THESE PRESENIS: ThAt PHILADELPHIA INDEMNIIY INSURANCE COMPANY (thC COTNPANY), A COTPOTAT|ON OTgANiZCd ANd .iiJing undo thc laws of thc Commonwcalth of Pcnnsylvania, does hetcby,constitute_T_d 3CP_glIj4IIlNA MONROE' THOMAS G. MCCALL, TIMOTHY J' NooniAN, MIcHELLE HAASE AND MARTHA eAnne RAs oF LocKToN coMPANIEs, LLc its truc and lawful Attorncy-in-fact with full authority to cxccutcon itsbchalfbonds,undmtakings,rccognizanccsandothercontractsof indcmnityandwritingsobligatoryinthcnaturcthotmf,issucdinthccourscolits busincss and to bind thc Company thcrcby, in an am uln t not to excccd $5O000O00.00. PHILADELPH IA INDEMNITY INSURANCE COM PANY Onc Bala Plaza, Suitc I 00 Bala Cyn wyd, PA I 9004-0950 Po}l.er ofAttorn€y FURTHER RESOLVED: IN IESIIMONY \ryHEREOF, PHILADELPIIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SICNED AND ITS coRPoRATE SEALTo BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBE& 2OI?. (scal) Robcrt D. O'Leary Jr., Prcsidcnt & CEO Br iladclph ia Indcrnn ity Insurancc Company Onthis2?ftdayofOctober,20l?,bcloramccamcthcindividual whocxccutcdthcprcccdinginstqacnt 1o1_cpcrsonallyknown,andbcingby that hc is thc thcrcin dcscribcd and auth orizcd officcr ofl the PH ILADELPH IA INDEM NITY INSURANCE COM PANY; that thc scal affixcd th s Corporatc scal of said Com pan y; that ih c said Ccrporatc Scal an d h is sign aturc wcrc duly affixcd. Ihis poncr ofAttorncy is granted and is signcd and scalcd by facsimilc undct and by thc authority olthc following Rcsolution adoPtcd by thc Board ofDircctors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on thc l4'h olNovambcr,20l6. RESOLVED: That thc Board of Directors h crcby auth crizes thc Prcsidcnt ff any Vicc Prcsident of thc Company: (l) Appoint Attorncy(s) in Fact and authotizc thc Attorncy(s). in Fact to cxccute on bitratfbftlc Ccmpany bonds and undcrtakings, contracts of indcmnity and other writings obligatcry in thc naturc thcrcof and to attach thc seal of thc Ccnnpany ther*o; and(2) tJ tanwc, at any timc, any such Attc'rncy-in-Fact and revokc thc authonity givcn. And, be it Ihatthcsignaturcsofsucholficcrsandthcscal ofthcCompanymaybcaffxsdtoany such PowdolAttorncy m certificatctclatingtherctobylacsimile, and any such Powcr ol Attorney so cxccutcd and ccrtifiod by facsimilc signaturcs.and facsimilc scal shall bc valid aird binding upon thc Compiny in thc luturc with rcspcct to any bond or undcrtaking to wh ich it is anachcd. ...':.&:i li i l l.,i', l:", S'--'"':-.'-'' -, "-''"'a';" 1i i rser-,ii "-i:,-)' i "';''.::.'.{j'r-4 ..-,,.-' ,N-.r-",:: r ri'..'r' Notary F.rblic residing at:Bala Cwr PA mc duly sworn said to said instrument is (Notary Seal) My cornm ission expircs: Scptcrnbcr 25. 2021 In Tcstim ony Whcrcof I hayc subsctibcd my nam c and affixcd thc lacsim ile stal of each Company th is - day of I, Edward Sayago, Cc,rpuatc secrctary of pHILADELpHIA INDEMNITY INSURANCE COMPANY,.dohcrcby ccrtify that thc forcgoing.rcsolution. of the Bmrd ol oir..t*r andth"c i'owJr of ett#cyGuiApu.ruant tho*o on thc 2?rh day of octobcr, 201 ? arc truc an d ccncc,t ind arc still in lull forcc and cffcct. I do furth cr catify itt.rnot.rt D. o,Lcary Jr,, wh o cxecutcd thc powcr of Attorn cy as Prcsidcnt, was on th c datc of cx ccut ion olth c attach ed Powcr of Attorn cy th e duly clccted Prcsident of PHILADELPHIA INDEMNITY INSURANCE CoMPANY, JUN 1 5 202?. -.,',lll":iiiiijiry,, -.-y s;',.,r' t' :"-r. 1'? i:ii'rg?i':i,il nr1 i. ? l',, !,,r'il.'i {'._' "'4.":],.,,.--.3F Edward Sapgo, Corporatc Secrctary PH ILAOELPH IA INDEM NITY INSURANCE COM PANY 20_ ACKNOWLEDGMENT State of California OrangeCounty of ) On June20,2022 before me,Terri L. Piligian, Notary Public (insert name and title of the officer) 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 officialseal. ,rf.?Fil TEiRI L. PlLlcllrr /.dR\ xo,".v Public - cdlitornia W.F ."'Hil'ff.?ill'."'v ty Comm. Ex2irrs 996 24, 2622 S (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val of that document. Corrected Duplicate Original Bond Number: P80301 0408644 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIAL AND PERFORMANCE) SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, California ("City") and LS-SAN JUAN LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the fulTtishing all labor, materials, performance/services, tools, equipment, and incidentals for the setting of survey monumentation as shown in Tract Map No. 18148, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularlyset rorth in that , r'3nu,'?,,*ort"1i"T,'"5'iln,."J#jli;:'"n' Asreement dated WHEREAS, the lmprovement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the lmprovement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal corporation organized and existing un and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City tn the SUM of Forty-five Thousand Seven Hundred Fifty and 00/100 ($45,750.00 said sum and Philadelphia lndemnity Insurance Company ("Surety"), a der the iaws of the State e1 Pennsylvania , being not less than one hundred percent (100%) of the total cost of the setti set forth in the lmprovement Agreement and payment due to the Engin ng of monuments as eer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and 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, and warranties for the setting of survey monumentation in the lmprovement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the lmprovement 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 lmprovement Agreement, or to any plans, profiles, and specifications related thereto, or to the lmprovements to be constructed 6 1 1 4'7 .02 100U4632 t7 5.1 thereunder, 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' This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the lmprovement Agreement. lN WITNESS WHEREOF, we have hereunto set our hands and seals 16;5 1Sth 63y of June ,2022 . (Corporate Seal)LS-San Juan LLC Princi By Title (Corporate Seal) Surety By (Attach Attorney-in-Fact Certificate)1;11s Martha Barreras, Attorney-in-Fact The rate of prem ium on this bond is $5.00 per thousand. The total amount of premium charges is $229.00 (The above must be filled in by corporate attorney.) THIS IS A LJIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety)Phi hia lndem lnsurance Co Hasaoena uA. v l lu I (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) Lockton lnsurance Brokers LLC 19800 MacArthur Blvd. ste. 1250 lnrine CA ) 949-252-4425 6 1 1 47 .021 00U4632 11 s.1 ALL- PURPOSE CERTIFICATE OF AGKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JUN I 5 2022 before me, ) ) Gina L. Garner, Notary Public ard tits personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the person{o} whose name$) is/nn subscri bed to the within instrument and acknowledged to me that he/s he/ftygy executed the same in his/her/their authorized capaci$(iiex[ and that by hisdherffrsix signature(af on the instrument the person{d, or the enti$ 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 officialseal a 0range Countv Commission f ZlSfill Comm. Explres Jun 1 8,2025 (Notary Public Seal) GINA L. GARNER Notary Publlc - Caiifornla DESCRIPTION OF THE ATTACHED DOCUMENT (Tifle or descriptior of attached document) (lite or descdplion of attached documsnt continued) Number ol Pages - Document ADDITIONAL OPTIONAL INFO ON 201 5 Version vr'v/w.NotaryClasses.com 80t)-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This fomt complies t,ilh currenl Califotnia stdutes rcgarding nolan'rording and, ifneetled, should be completed and anached to the document. Acknohtedgents ft'ont other states nay be completedfor documenls being sent to lhat state so long as the vording does not reErirc rhe Californio nolary to violale Californio notaty lav- . Statc and County information must be the State and County where the document signer(s) personatly appcared bcfore the notary public for acknowledgmort. r Dare ofnotarization mrst be the date thot the signer(s) personally appeared which must also be the same date the acknowledgment is cornpleted. r The notarY public must print his or her name as it appears widrin his or her commission followed by a comma and thol your title (notary public). r Print lhe name(s) of document sigaet(s) who personally app€ar at the time of notarization.. Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e' he/she/$g6 is /e+e ) or circling the correct forms. Failure to correctly indicate ihis infonnation may lead to rejection ofdocurnent recording. r 'lte notarl seal itnpression must be clear and photogaphically reproducible. lmpression tnust not covef text or lines, If seal impression smudges, re-seal if a sufficiert area pennits, otherwise complete a different acknowledgrnent fonn, . Signature of the notary public must match the signature on file with thc office of the county ctert..3 Additional information is not required but could help to ensurc this acknowledgment is not misused or attached to a different document. * Indicale title or type of attached document, number of pages and date. .:. lndicate the capacity ctaimed by the signer. If the claimed capacity is a corporate officer, iddicstc the title (i'e. CEO, CFO' Secrerary). . Securely rflach this document to the signed docurnent with a staple. CAPACITY CLAIMED BY THE SIGNER tr lndividual(s)tr Corporate Officer (Title) tr at tr tr P artne(s) Attorney-in-Fact Trustee(s) Other PHILADELPH tA INDEMNIIY INSURANCE COM PANY One Bala Plaza, Suitc I S Bala Cyn wyd, PA I 9004-0950 Power ofAttorneY KNOW ALL PERSONS BY IHESE PRESENTS: ThAt PHILADELPHIA INDEMNITY INSURANCE COMPANY (thc COTNPANY), A CIfPOTAt|ON MgANiZCd ANd cxisting under th c laws of the Commonwcalth of Pcnnsylvan ia, does hncby 99nr*,itritc_ 1n_d_ appoint JANINA MONROE, THOMAS G' MCCALL' TIMOTHY J. NooNaN, MtcHELLE HAASE AND MARTHA eAnne RAs oF LocKToN coMpANtEs, LLC its truc and lawful Attorncy-in-fact with fuil authority to cxccutcon itsbehallbonds,undcrtakings,rccognizancesandothucontractsotindcmnityandmitingsobligatoryinthcnaturethctcof,issucdinthccourseolits busincssandtobindthcCompanythcrcby,inananqrntnottocxcccd$5O000O00'00, This po,vcr of Attorney is granted and is signcd and scalcd by facsimile undcr and by thc authority of thc following Resolution adoptcd by thc Board of Dircctors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on thc l4'h of Novembcr,20l6. RESOLyED: That the Board of Dircctors h crcby auth crizes thc Residcnt cr any Vicc Prcsidcnt of thc Company: (l) Appoint Attorncy(s) in Fact and authorizc the Attorncy(s). in Fact to cxccuts bn Litratfbftnc Ccmpany bonds and undcrtakings, contracts of indvnnity and othcr writings obligatory in thc naturc thcrcof and to attach thc seal of thc Company thcr*o; anJ(Z) tJ ronovc, at any timc' any such Atttrncy-in-Fact and rcvokc thc authority givcn. And,bc it FURTHER RESOLVED:That thc signatutcs ofsuch officcrs and the scal olthc Conpany may bc alfxcd to any such Powciof Attorn cy ot ccrtificatc rclat ing th ctcto b y facsim ilc, and an y such Por'vcr of Atorncy so cxecutd and ccrtifiod by facsimilc srgnaurcs.and lacsimilc scal shall bc valid aird binding upon thc Compiny in the futurc whh respcct to any bond c'r undcrtakingto which it isanachcd. IN IESIIMONY WHEREOF, PHILADELPI{IA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SICNED AND IIS coRPoRAIE sEALIo BE AFFIXED BY ITS AUIHORIZED OFFICE THIS 27TH DAY OF OCTOBE& 2OI?. (Seal) Robert D. O'Lcary Jr., Prcsidcnt & CEO f,r iladclphia Indernnity Insutancc Ccmpany onthis2?ftdayofOctobcr,20l?,bclorcmecamcthcindividual whoexccutcdthcpreccdinginstrumcnt,toficqcrsgnallyknown,andbcingbymcdulyswornsaid that hc is the therein describcd and auth orized officer of thc PH ILADELPH IA INDEM NITY INSURANCE COM PANY; that thc seal affixcd to said instrumcnt is th c Corporatc scal of said Com pany; th at th c said Ccrporatc Scal an d h is sigtn aturc wcrc duly affixed. Notary Frblic: residing at:Reln Cuwvd P.A. (Notary Scal) My cornm ission cxp itcs:Smternber 25, ?021 I, Edward Salago, Cffporate Sccrctary of pHILADELpHIA INDEMNITY INSURANCE COMPANY,dohcrcby ccrtify that thc forcgoing.rcsolution. of thc Bmrd of Iiircctors *dtti.i'o*ir ofen*n.y iJru"dpursuantthcrctoon thc2?rhdayoflocJob€r,201 ? arctrucandcsrect dndarc$ill in full lorccandcffcct. I do furthcrcutify that Robcrt D. O'Lcary Jr., wh o cxccutcd thc powcr ofAttorney as hcsidint, was on thc datc ofcxccution ofthc attachcd Powcr ofAttorncy thc duly clccted Prcsidcnt of PHILADELPHIA INDEMNIIY INSURANCE COMPANY. In TcstirnonyWhcrcof Ihavcsubscribedmynamcandaffixcdthcfacsimilcseal of cach Companythis-dry"i JUN 1 E Nn- Edward Sayago, Corporatc Secretary PH ILADELPH IA INDEM NITY INSURANCE COM PANY L3I 1 I No4rn ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California OrangeCounty of ) on Junel0,2O22 before me,Terri L. Piligian, Notary Public (insert name and title of the officer) personally appeared Shannon Whittaker who proved to me on the basis of satisfactory evidence to be the persoppf whose name(gLFlare subscribed to the within instrument and acknowledged to me that he6-hd/they executed the same in his{frytheir authorized capacity(i9s), and that by his@Dtheir signature(z) on the instrument the pers-onfF), or the entity upon behalf of which the person(p) 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 officialseal. TEIRI L. PILIGIAN Xotrry iublic - Californi. OrdnF County Commiision ll 227299f Comm. Expirrs oec 2,t, ?022 AO A/y-(Seal)