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