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24-0814_RANCHO VIEJO OWNER, LLC_Grading Surety AgreementGRADING SURETY AGREEMENT Precise Grading (B22-1498) THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City," and Rancho Viejo Owner, LLC, a California limited liability company, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B22-1498 to Developer to construct certain designated improvements upon a portion of that real property located at 30700 Rancho Viejo Rd, San Juan Capistrano, CA, such work being commonly referred to as Swallow's Creek Industrial ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 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 Project depicted on the plans entitled "Swallow's Creek Industrial Park Development" as approved by the City on July 18th, 2024. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit #622-1498 Page 1 of 11 G 2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, certificate of deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("Security"). The amount of the Security shall be $3,154,589.55 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule asset forth in Exhibit "A", and the conditions asset forth in Exhibit `B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 4. Developer Default. In the event Developer does not complete the required improvements, including erosion and silt control measures within the time required, using Best Management Practices (BMP) in implementing a Water Quality Management Plan in full compliance with Orange County National Pollutant Discharge Elimination System (NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section 8-14, or abandons the Project site, or suspends work for more than twenty (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this security shall be to restore the property to a safe and acceptable condition in the event the Developer defaults. This restoration shall include but not be limited to the following: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the approved grading plans. Grading Surety Agreement, Permit #B22-1498 Page 2 of 11 C. Remove all debris and construction materials from the site; and D. Install erosion and silt control devices, including hydroseeding, to insure a uniform vegetative cover, or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters, or other erosion resistant soil coverings or treatments to satisfaction of the City Engineer. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may judge 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 anyjudgment in such action against Developer if such action is determined in favor of the City. 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 Project. 8. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. 9. Force Majeure. Any prevention, delay or stoppage due to strike, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, failure of power, governmental restrictions, judicial orders, riots, insurrection, enemy or hostile governmental action, terrorism, civil commotion, fire or other casualty, epidemic, and other reason of a similar or dissimilar nature beyond the reasonable control of the party obligated to perform ("Force Majeure"), shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage and the period for the Grading Surety Agreement, Permit #B22-1498 Page 3 of 11 performance of any act shall be extended for the period of the delay. Force Majeure shall excuse the performance by that party for a period equal to the prevention, delay or stoppage; provided the parry prevented, delayed or stopped shall have given the other party written notice thereof within thirty (30) days of such event causing the prevention, delay or stoppage. Delays or failure to perform resulting from lack of funds or financial inability shall not be deemed delays beyond the reasonable control of a party and shall not constitute Force Majeure. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit #B22-1498 Page 4 of 11 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND Rancho Viejo Owner, LLC IN WITNESS WHEREOF, the parties have executed this Agreement as of August 14, 2024, CITY O S J N71STRANO B ( Stam s rak, uilding Official Dated: /o�" Approved as to Form: _ By: al7� Jeff linger, City Attomey Rancho Viejo Owner, LLC By: Printed Name a— Title Title Grading Surety Agreement, Permit #B22-1498 Page 5 of 11 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 LOS ANGELES On August 16, 2024, before me, Jessica M. Pisula, a Notary Public, personally appeared Z(V — DeQ !,1>/, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OS Angeles les County Notary public • California LOS JESSICA M. County I Commission; 2367197 My Comm. Expires Jul 22, 2025 1 Signature EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Construct building pads Install shear pins along p/1 Construct (+ backfill) MSE walls Install onsite u/g fire water system Install onsite sewer system Install onsite storm drain system Construct onsite CMU retaining walls Completion Date July 26, 2024 August 23, 2024 September 27, 2024 September 20, 2024 October 4, 2024 October 18, 2024 October 25, 2024 Grading Surety Agreement, Permit #B22-1498 Page 6 of 11 EXHIBIT "B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code. 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved by the City. This erosion and silt control plan reflects erosion and silt 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 and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters or other erosion resistant soil covering or treatments to the satisfaction of the City Engineer. 3. Suspension in excess of twenty (20) working days of work authorized by approved grading plans and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation, shall constitute default of this agreement. 4. 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 Grading Surety Agreement, Permit #B22-1498 Page 7 of 11 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. 5. 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. 6. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 7. Installation of interim erosion and sediment 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 grad certification. Final erosion and sediment controls devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 8. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-1.03. 9. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 10. Parking for construction crew is to be on-site. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of precise grading permit. The remaining 10% of the security given by Developer shall not be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developer or surety's obligations under this Agreement. . 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit #B22-1498 Page 8 of 11 Joseph C. Truxaw and Associates, Inc. Civil Engineers and Land Surveyors 1915 W Orangewood Ave., Suite 101 Orange, CA 92868 (714) 935-0285 www.euxawcom SWALLOWS CREEK INDUSTRIAL- PARCELSAPN: 6SO-111.15 APN: 650-112-07 B22-1498 30700 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA ON-SITE GRADING & DRAINAGE 6/21/2024 GRADING EXCAVATION (CUT) [81,441 CY-67,597 CY BONDED WITH ROUGH GRADING PERMITI = •-•----••••. i 8C3,L`JU.W STORM DRAIN 2" PVC 83 LF $ 15.00 $ 1,245.00 4" PVC 135 LF $ 20.00 $ 2,700.00 6" HDPE 1,776 LF $ 22.00 $ 39,072.00 8" HDPE 211 LF $ 25.00 $ 5,275.00 10" HDPE 515 LF $ 35.00 $ 18,025.00 12" HDPE 364 LF $ 40.00 $ 14,560.00 15" HDPE GONG ENTERPRISES, INC. 994 LF $ 45.00 $ 44,730.00 18" HDPE PLAN CK #: AGENCY: 1,925 LF $ 65.00 $ 125,125.00 24" HDPE RECEIVED 43 LF $ 75.00 $ 3,225.00 30" HDPE 56 LF $ 100.00 $ 5,600.00 36" HDPE JUN 2 4 2024 397 LF $ 120.00 5 47,640.00 24 X 24 Catch Basin With Filter �` ,r,f r �ie DETENTION Y 24 EA $ 2,400.00 $ 57,600.00 G(� SYSTEM 1 DATE CO 1 EA $ 22,125.00 $ 22,125.00 DETENTION SYSTEM 2 APPROVED: Y` N !{ 0: 1 EA $ 22,920.00 $ 22,920.00 DETENTION SYSTEM 3A SEND TO: _�T��JJ C `�•`�17` 1 EA $ 233,888.00 $ 233,888,00 DETENTION SYSTEM 38 1 EA $ 109,280.00 $ 109,280.00 DETENTION SYSTEM 4 1 EA $ 25,805.00 $ 25,805.00 MWS -L4 -19-V 1 EA $ 66,000.00 $ 66,000.00 MWS -L -8-12-5'-3"-V 1 EA $ 70,ODOAO $ 70,000.00 MWS 1-8-244-11",V 2 EA $ 110,000.00 $ 220,000.00 MWS -L -4-17-5'-3"-V 1 EA $ 58,300.00 $ 58,300.00 Curb Inlet (35) W/ Filter Insert 3 EA S 4,000.00 $ 12,000.00 Curb Inlet (7.0') W/ Filter Insert 5 EA $ 7,000.00 $ 35,000.00 Curb Inlet (10') W/ Filter Insert 1 EA $ 9,000.00 $ 9,000.00 Curb Inlet (Double Grate 6.4') W/ Filter Insert 5 EA $ 4,000.00 $ 20,000.00 Catch Basin (Double Grate 6.4') W/Filter Insert 1 EA $ 5,000.00 $ 5,000.00 6" Riser W/ Atrium Grate (6" x 6") 20 EA $ 100.00 $ 2,000.00 4" Riser W/ Atrium grate 5 EA $ 80.00 $ 400.00 V -Ditch Inlet W/ 22" Beehive grate, 18" HDPE RISER & COUPLER 2 EA $ 1,500.00 $ 3,000.00 V -Ditch inlet W/ 10-3/8" Beehive grate, 8" HDPE RISER & COUPLER 1 EA $ 650.00 $ 650.00 V -Ditch inlet W/ 14-3/4" Beehive grate, 12" HDPE RISER & COUPLER 1 EA $ 1,000.00 $ 1,000.00 Joseph C. Truxaw and Associates, Inc. Civil Engineers and Land Surveyors 1915 W Orangewood Ave., Suite fol Orange, CA 92668 (714) 935-0265 NDS Catch Basin 112" x 12") Concrete Catch Basin (24" x 24") Beehive Drain Inlet at v -ditch Manhole (48" x 48") Manhole (56" x 36") HDPE Drop Manhole Trench Drain Concrete Collar 13 EA $ 250.00 $ 3,250.00 6 EA $ 2,000.00 $ 12,000.00 4 EA $ 750.00 $ 3,000.00 12 EA $ 3,500.00 $ 42,000.00 1 EA $ 5,000.00 $ 5,000.00 3 EA $ 4,500.00 $ 13,500.00 30 LF $ 125.00 $ 3,750.00 4 EA $ Boom $ 3,200.00 I-- 1.— 58 EA $ 10,000.00 $ 580,000.00 MSE, Geohold Pro Retaining Wall, Walls 1-5 12,824 SF $ 35.00 $ 448,840.00 MSE, Geohold Pro Retaining Wall, Wall 6 4,872 SF $ 38.00 $ 185,136.00 -------------- Construct 36" Terrace Drain Construct 48" Terrace Drain Construct Subdrain Barrier Trench per City Std. 350 Construct Splash Wall 430 LF $ 50.00 $ 21,500.00 860 LF $ 50.00 $ 43,000.00 500 LF $ 60.00 $ 30,000.00 1,290 LF $ 35.00 5 45,150.00 70 LF $ 100.00 5 7,000.00 SUBTOTAL SITE IMPROVEMENTS $ $3.004,371.00 TOTAL 10% CONTINGENCY 5% Contingency $ $150,- 218.55 / GRAND TOTAL $3,154,589.55 EROSION CONTROL MEASURES PREVIOUSLY BONDED UNDER ROUGH GRADING PERMIT THIS ESTIMATE WAS PREPARED BASED ON PRECISE GRADING AND DRAINAGE PLANS PREPARED BY TRUXAW AND ASSOCIATES DATED 06/17/2024��4'V��G S. D% THIS ESTIMATE IS FOR BONDING PURPOSES ONLY AND NOT TO BE USED BY THE CONTRACTOR FOR BID PURPOSES, ENGINEER DOES NOT y 4� GUARANTEE THAT ACTUAL CONSTRUCTION COSTS OR QUANTITIES WILL AGREE. W Nm 75205 BOND NO. 0848436 INITIAL PREMIUM: $57,540.00• SUBJECT TO RENEWAL 2 Year Term and Renews Annually thereafter Al released or exonerated GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Rancho Viejo Owner, LLC ("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 APN 650-111-15 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated August 14, 2024 ("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 Harco National Insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of Illinois , 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 three million one hundred fifty-four thousand five hundred eighty- nine dollars and fifty-five cents. ($3,154,589.55), 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 #B22-1498 Page 9 of 11 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 Attomey-in-Fact at San Diego, California this 14th day of August 2024 . (print name) Haroo National Insurance Company Surety By: A mey-in-Fact Lawrence F. McMahon, Attorney -in -Fact (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 #B22-1498 Page 10 of 11 Please See Attached California All -Purpose Acknowledgment for Surety Notary 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 S�,_ 1 (fin 1 ' On k 1 . 2021 , before me, Vai rA ,1'' �fMl� Notary Public, personally appeared zP�:: Kwho 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. -------------- rsvu�nsuu WITNESS my hand and osis alb I. Notary ti " CYIlOr111\ Lw AMNN C 167 1' _ CommN3Nn / 3]67197 -- AW Comm. EXW" Jul 2 M Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) TRIe or ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Grading Surety Agreement, Permit #B22-1498 Page 11 of 11 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 San Diego On August 14, 2024 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ava, � L MINNA HLIOVILA COMM. #2473538 0 U NOTARY PUBLIC -CALIFORNIA In U) SAN DIEGO COUNTY n /U My Commission Expires 1 (Seal) DECEMBER B, 2027 POWER OF ATTORNEY Bond# 0846436 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint SARAH MYERS, NATASSIA SMITH, JAMES D. CASTLE, TARA BACON, LAWRENCE F. MCMAHON, GEOFFREY SHELTON, MARIA HALLMARK, JANICE MARTIN San Diego, CA their true and lawful attorney(s)-win-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL-', FIDELITY INSURANCE COMPANY have each executed and attested these presents an this 31st day of December, 2023 ,•`aPMSUAgy,, STATE OF NEW JERSEY STATE OF ILLINOIS` County of Essex County of Cook SEAL ._ 'O_ :oE.y+osa •'•,?/ Michael F. Zurcher -� * �T�}��•` Executive Vice President, Harco National Insurance Company"!•r•••�`"�� and International Fidelity Insurance Company On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personalty known, and, being by me duly swam, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. 111- IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, Y CRL'' New Jersey the day and year first above written. �OTA,y n Cathy Cruz a Notary Public of New Jersey '°••.,,,,,,,,,..•"` My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, August 14, 2024 A00392 Irene Martins, Assistant Secretary