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33336 WH Palo Verde 37, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 33336 Development: PALO VERDE II (PREVIOUSLY MIRAGE AT LA QUINTA II) Developer/Owner: WH PALO VERDE 37,LLC (PREVIOUSLY PALO VERDE 37, LLC; STANDARD PACIFIC CORP) Bond Company: Philadelphia Indemnity Insurance Company 19800 MacArthur Blvd., Ste 1250 Irvine, CA 92612 Attn: Martha Barreras Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust PB03010408293 $12,000 Control (PM 10) Performance PB03010408291 $467,262 On -Site Grading PB03010408292 $103,580 Performance 08832571 $103,580 Released 10/12/2021 Off -Site Fugitive Dust 08832574 $12,000 Released 10/12/2021 Control (PM 10) Performance SU5025746 $467,262 Released 10/12/2021 On -Site Fugitive Dust Cash Deposit in $5,070 Released 12/14/2021 Control (PM 10) Finance Performance Off -Site 4444996 $103,580 Released 1/19/2022 Performance 4444997 $467,262 Released 1/19/2022 On -Site Fugitive Dust 4444994 $12,000 Released 1/19/2022 Control (PM 10) OUTSTANDING BOND REPORT Name: WH Palo Verde 37, LLC (Palo Verde II) *Previously Mirage at La Quinta II (Standard Pacific of Coachella Valley) Tract No. 33336 Date of Contract: February 18, 2009 Required Bond Amounts: Rough Grading $103,580 PM 10 $ 16,000 Streets $130,930 Drainage $ 54,300 Water $ 47,310 Sewer $ Utilities $ 23,376 Landscaping $ Monumentation $ 1,000 Dates of Bond Reductions: 49,345 47,725 Outstanding Bonds and Bond Company: Philadelphia Indemnity Insurance Co Amount: $12,000 (Dust Control) $467,262 (PB On -site) $103,580 (Grading) Bond No. Date Cancelled/Released: PB03010408293 PB03010408291 PB03010408292 $103,580 08832571 Released 10/12/2021 $ 12,000 08832574 Released 10/12/2021 $ 5,070 cash deposit in Finance Released 12/14/2021 $467,262 SU5025746 Released 10/12/2021 $103,580 4444996 Released 01/19/2022 $ 12,000 4444994 Released 01/19/2022 $467,262 4444997 Released 01/19/2022 *Note: L&M Bond not required and was returned on 3/10/09 ta Qa�frcu January 19, 2022 Palo Verde 37, LLC 31932 Calle Caballos Temecula, CA 92592 Attn: James Brennan RE: TRACT MAP 33336 PALO VERDE II — RELEASE OF BONDS Dear Mr. Brennan, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified SureTec Insurance Company on 01/19/2022. Bond Number Bond Amount Bond Type 4444994 $12,000 Fugitive Dust Control 4444997 $467,262 Performance On -Site 4444996 $103,580 Performance Off -Site The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Nichole Romane, Deputy City Clerk Email: nromane@LaQuintaCA.gov Tel: (760) 777 - 7092 c., Bryan McKinney, Public Works Director/City Engineer SureTec Insurance Company File Originals (1) SUBDIVISION IMPROVEMENTS Tract Map No.33336 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond 4444997 Premium: $9,845.00 THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 33336 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Palo Verde 37 LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agre�toinstall and complete certain designated public improvements, which said agreement, dated 20 and identified as Tract Map 1Vo. 33336 is herred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and SureTec Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of „ * VV DOLLARS ($467, 262.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. * Four hundred sixty seven thousand two hundred sixty two and 001100-------------- The condition of this obligation is such that if the above bounded 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 and provisions in the said 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 true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void: otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its 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. Bond 4444997 In witness whereof, this instrument has been duly executed by the principal and surety above named, on Jul 14 , 2021 . Palo Verde 37, LLC Principal (Seal) Sig of P Mci Title of Signato SureTec Insurance Company S ety (Seal) Signature of Surety Attorney in Fact, Dave B. Roalkvam Title of Signatory 3131 Camino Del Rio North, Suite 1450 San Diego, CA 92108 Address of Surety 619-400-4100 Phone # of Surety Gloria Becerra Contact Person For Surety POA# 4444997 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Ron H. Ballard, Gloria S. Becerra, Dave B. Roalkvam, David Melman, Arianne Adair, Jessica Donaghe, Ruth Alonso, Amanda Harvey, Evan M. DeBow, Judy Burton Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute Dowers of attorney, and such authority can be executed by nse of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the teth day of September , 2020 . SureTec Insurance Company SjjRAMt^ ��...,9O 2� • ul>+� Michael C. K.e!rnig. 2res`.d2nt 'r Commonwealth of Virginia County of Henrico SS: Markel Insure ce Company .•�sS�tRAN�z� SEAL A� By. :�'•.r Y' ��`�+rei Rdbin Russo, Senior Vice President ntytss`l` On this tsth day of September, 202o A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified. camp THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument.• aid they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals 0ffNed to the ;:rrceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribEd to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument Is now in force. 1*t s di t e r rrto *.Ilk D City q ' IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m b 5eaiakPth� t trQf Henrico, the day and year first above written. ��� �� MY C� ; ` COIIhN11551dN By, `� _� -1 NUMBER � ¢ 0 '. Donna Donavant, Notary Public �i •. 7�6398 My commission expires 1/31/2023 We, the undersigned Off tors of SureTec insurance Company and Ma rke'�'yr�st�firqr�C-jalt�r0$ c q*ierby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and hPhgtr liq uyofcL - IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of July 2021 Sur ec Insur ce C pan Markel Insurance Company ;. By e :.. Y M. Br t Beaty, Assistant Secrete Richard R. Grinnan, Vice Presidentan ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST CALIFORNIA ALL-PURPOSE 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, or valldity of that document. State of California County of San Diego On July 14, 2021 before me, Ruth Alonso Notary Public personally appeared Dave B. Roalkvam _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hiss w64heir- authorized capacity(ies), and that by his/heMheisignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. {3tSTH A1.4 GApti rogr iA typTARY psslo14 # 22NTY 2023 5AN DIV-Cx0 Co"V 19. 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 of Notary OPTIONAL 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 ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bond 4444997 - Palo Verde 37, LLC Title or Type of Document Number of Pages Julv 14, 2021 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS COUNTY On -3 !2!before me, G r a: APN No: ry Public, personally appeared who proved to me on the basis of Satisfactory evidence to be the 9-Uq(s) whose names)care subscribed to the within instrument and acknowledged to me that[1Ishe/they executed the same in �i Aer/their authorized ca a(f(ies), and that by �er/their signature s) on the instrument the ep rson(s), or the entity upon behalf of which the persons) 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 h d an ieial seal. PATRICIA SATHER o0Mv COMM. #2356136 z Signature iNotary Public . California g zRiverside County o Comm. Expires May 27, 2025 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑II OTHER SIGNER IS REPRESENTING: J Name of Person/or Entity ❑ GENERAL P'/' fQ. G- i3 7L Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNERS OTHER THAN NAMED ABOVE ����� Reproduced by First Amerlean Title Company 11/2007 Originals (1) FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond Bond 4444994 Premium: $300.00 WHEREAS, the City of La Quinta, California, is prepared to authorize Palo Verde 37. LLC , as Principal, to proceed with certain construction activities pursuantto one, or more permits issued bythe City,forvarious infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as .. Tract No. 33336 .- ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Contro/to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # #PM-10, prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. NOW therefore, we the Principal and SureTec Insurance Companyas Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of ***Twelve thousand and 00/100- --- -- Dollars ($12,000.00 ] lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded 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 and provisions in the said dust control plan 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 true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to betaxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration oraddition to the terms of the dust control plan or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does herebywaive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 T Drive/Checklists— Forms & Applications/Standard Dust Control Bond Form Bond 4444994 Fugitive Dust Control Bond Fugitive Dust Control Permit #_PM-10 Page 2of2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on July 14 , 2021 . (Seal) Palo Verde 37, LLC SureTec Insuranc Company S re Signature of Surety Attorney in Fact, Dave B. Roalkvam Title of Signatory 3131 Camino Del Rio North, Suite 1450 San Diego, CA 92108 Address of Surety 619-400-4100 Phone # of Surety Gloria Becerra Contact Person for Surety T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Call Public Works for assistance at (760) 777-7047 Standard Dust Control Bond Forms Pursuant to LQMC 6.16 all Fugitive Dust Control Plans must be financially secure prior to issuance of any permits that authorizes construction or demolition activity that is not exempt from the Fugitive Dust Control Ordinance. The City requires financial security in the amount of $2,000 per acre. The security must be posted in two forms: 25% of the security must be a cash deposit, or an approved equal, such as a Certificate of Deposit, or a Letter of Credit; the remaining 75% of the security may be in the form of a surety bond. The City of La Quinta has prepared a Standard Dust Control Bond Form for use with the Fugitive Dust Control Plans. For easy electronic distribution purposes, the Standard Dust Control Bond Form is available in an interactive form in which you fill in the blanks while viewing the form with the Adobe Acrobat Reader (free software available at www.adobe. com), then print out the completed form, sign it, and seal it as appropriate. Simply forward the Standard Dust Control Bond Form to the bonding company via email and they can determine which completion method works best for their administrative operation. The bonding company must be listed in Circular 570 published by the US Treasury Department. Additionally, the City relies on the A.M. Best Company to evaluate the financial stability of the insurance company issuing the bonds. The City of La Quinta will not accept bonds from any insurance company with an AM Best rating less than "B++ or B+» Please submit the completed form to Public Works Department for processing, 7 Drive/Checklists - Forms & Applications/Standard Dust Control Bond Form POA# 4444994 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Ron H. Ballard, Gloria S. Becerra, Dave B. Roalkvam, David Melman, Arianne Adair, Jessica Donaghe, Ruth Alonso, Amanda Harvey, Evan M. DeBow, Judy Burton Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which. may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the tsth day of September . 2020 . SureTec Insurance Company-."0—►4fC Wfw jb By. CO l L •..✓.cir c; F�=sidant S'� � r Commonwealth of Virginia " County of Henrico SS: ��'tutttrr1g Markelinsura CeCompany `,% ,}ftANC1r r uSEAL a_ � By : in Russo, Senior Vice President J 1110%�t� On this +sth day :,f September 2020 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFiCERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the. said companies aforesaid, and that the seals aff red to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscri.3e:d to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding Instrument is now in force. time r e'r"++ecr�+r IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed rtyii]fNpa0Fa t Q Cftypf Henrico, the day and year first above written RY p: i . 1 ' MY . COft�M15SION� • By n NUM9FR Q =Z Donna Donavant, Notary Public 70839E8 My commission expires 1/31/2023 We, the undersigned Officers of SureTec Insurance Company and Markel+lr)'s iy�iC�1°l' j �fiy dgfAerby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy Is still in Full force and effect and haf to+4ji9rdWVIAZ IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of July 2021 Sur ecinsur ee C pan By M. Br t Beaty, Assistant Secreta Markel Insurance Company r By: Richard R. Grinnan, Vice President an ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. CALIFORNIA ALL-PURPOSE 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, or vaIWIN of that document. State of California County of San Diego On July 14, 2021 before me, Ruth Alonso Notary Public personally appeared Dave B. Roalkyam who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isAwe subscribed to the within instrument and acknowledged to me that he/she key executed the same in his"t 'ter authorized capacity(ies), and that by hWhef/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. Suit AL°Nc0rr0SoIA WITNESS my hand and official seal. °co"M, as GO #caa s ti s. 202'3 S U�y� y SP' DxE FehruarY Signature of Notary OPTIONAL 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 CLAIldED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance DESCRIPTION OF ATTACHED DOCUMENT Bond 4444994 - Palo Verde 37, LLC Title or Type of Document Number of Pages July 14, 2021 Date of Document Signer(s) other than named above CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT 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 yI L On before me, )SS / Gc i'n P s IC" J7� P -q A /) Grp trl File No: APN No: Public, personally appeared who proved to me on the basis bf satisfactory evidence to 'be the _person(s) whose-name(s} is are subscribed to the within instrument and acknowledged to me that ji 'she/they executed the same it i,9 er/their authorized ca aci (ies), and that by i her/their signature(s) on the instrument the pers ❑r the entity upon behalf of which the .pffa q(s) acted, executed the instrument. I certify under PE TY PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and an icial seal. PATRICIA SATHER g o COMM. #2356136 Signature v GL Notary Public - Californla o Riverside County Comm. Ex fifes Ma 27 2l}25 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR `' OTHER SIGN IS REPRESENTING: Name of Pars or En Ity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO T DOCUME )DESCRIBED TITLE OR TYPE OF DOCUMENT:c • ' /� Zj NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE _ Reproduced by First Amerlpn 71tle Company 11J20fl7 Originals (1) FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond Bond 4444996 Premium: $2,572.00 WHEREAS, the City of La Quinta, California, is prepared to issue Public Works Grading Permit # PM-10 / SWPPP in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to .. Palo V�.T.i.0 _ as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit. -and asfurther detailed on -the gradingplans referenced thereinto privately -owned property generally known to the City and others as Tract Ma No. 3333.-.,...-;and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall corrector eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and SureTec Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of "_* " Dollars ($103,580.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. One hundred three thousand fine hundred eighty and 00/100 ---------------- The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, small in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said permit 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 theirtrue intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its 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 permit or to the work or to the specifications. Page 1 of 2 Bond 4444996 Grading Bond Public Works Grading Permit# PM-10 / SWPPP Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on JtilI 14 , 20 21 (Seal) Principal Signature of Principal Title of Signatory Pals► Verde 37. LLC Surety SureTec Insurance Company (Seal) Signature of Surety Title of Signatory Attorney in Fact, Dave B. Roalkvam Address of Surety 3131 Camino Del Rio North, Suite 1450 San Diego, CA 92108 Phone # of Surety 619-400-4100 Contact Person For Surety Gloria Becerra POA# 4444996 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Ron H. Ballard, Gloria S. Becerra, Dave B. Roalkvam, David Melman, Arianne Adair, Jessica Donaghe, Ruth Alonso, Amanda Harvey, Evan M. DeBow, Judy Burton Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Seni!+r Vice Presidert, Vice Presid^nt, Asslsta^t Vico President, Secretary, Treasurer and each of thern hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 15th day of September , 2020 . SureTec Insurance Company 6tyRAlyG� ���t?.• % ...9 O t� w y to Michzei C. Kehnig, President Commonwealth of Virginia County of Henrico SS: AN ., Markel lnsura cc Company ZLU.C� 6:0t: ` SEAL 3yb- :�•'� �� RIRusso, Senior Vice President +�rrrrri iimsss', On this 15th day of September, 2020 A. D., bafore me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals of fixed to the pecceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subsct ibed to th,. said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies refeired :u to the preceding Instrument is now in force. �� IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed rn , agal-aCr�thg C titf�f Henrico, the day and year first above written. MY CDl14M!S5!O[J - By: NUMBER Donna Donavant, Notary Public '. i4rs358 �� y My commission expires 1/31/2023 10 `4 • We, the undersigned OPFicers of SureTec Insurance Company and MarkerJ'g-si y��C rn��fiy lq'ierby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and bagftitMir� IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of July 2021 Sur eAAssistant Markel Insurance Company BY By: M. Br ,eta Richard R. Grinnan, Vice President and Se�atqy. Any Instrument Issued in excess ofthe penalty stated above is totally void and without any validity. For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST CALIFORNIA ALL-PURPOSE 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, accuracv. or validity of that document. State of California County of San Diego On July 14, 2021 before me, Ruth Alonso Notary Public personally appeared Dave B. R alkvam who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ffe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/her,4keir authorized capacity(4es), and that by his hef"ei signature(s) on the instrument the person(o, or the entity upon behalf of which the person(s) acted, executed the instrument. RUTH ALC7tLiFORT1IA SoTrjARY PssAt.' # 75754 ComMI S CdU 2023 61CGo My CO m- F-xp. Fek�runr 19. 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. j Signature of Notary OPTIONAL 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 ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bond 4444996 - Palo Verde 37, LLC Title or Type of Document Number of Pages July 14, 2021 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 1C On 1_ 5tAy ��r "rj , before r , Notary Public, personally appeared Sc_5 --- R. frp- rt Q--O who proved to me on the basis of satisfactory evidence to be the person(s) whose names) (9s are subscribed to the within ostrument and acknowledged to me that(Rshe/they executed the same in � her/thei` r a urhonzed c nactKosj, and that by er/their signature(s) on the instrument the�rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PE OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand a official se PATRICIA SATIiER COMM. #2356136 z Signature °� t� o Notary Public . Callfomia 70 z Riverside County M Comm. Ex Tres May 27 26,255 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: A n n rr a r Name of Pet -son of Entity ❑ GENERAL r,e4e 37, L0 Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE UST BE A EDT HE C ,EN ESC BED BELOW TITLE OR TYPE OF DOCUMENT: _ NUMBER OF PAGES DATE OF DOCUMENT �Jf SIGNER(S) OTHER THAN NAMED ABOVE �� _h ReP� try First Ampecan rRLe Cempaany 1212003 Nichole Romane From: Amy Yu Sent: Tuesday, December 14, 2021 10:29 AM To: Nichole Romane Cc: City Clerk Mail Subject: Release of dust control cash deposit - TM 32279 and 33336 Attachments: Check Request DD06-021 TM32279.pdf, Check Request DD06-025 TM33336.pdf Dust control cash deposits for TM 32279 and TM 33336 are being released. Please update Outstanding Bond Report for these two tracts. Thank you ta Q"ea CALIFORNIA Amy Yu I Associate Engineer City of La Quinta - Public Works 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7047 www.faquintaca.gov www.playinlaquinta.com 1 2018-05-09 Re x DEMAND / CHECK REQUEST h �rFd OFN Return check to requestor . Mail check Name / Title of person requesting check AMY YU, ASSOCIATE ENGINEER Department individual is associated with: PUBLIC WORKS Check payable to: STANDARD PACIFIC OF COACHELLA VALLEY Amount: $ 5,070 __ Name) (Vendar No) 980 MONTECITO DR. #302 Account Number: 101-0000-22810 (Address) --- CORONA, CA 92879 Project Number: DD 06-025 UneCK aescnption ana invoice numner: RELEASE OF DUST CONTROL CASH DEPOSIT FOR RESIDENTIAL TRACT NO. 33336, PALO -VE-RBE-N. NEW DEVEt:- PEF H-AS S+J-B UST-CO-NTROL -C� -S-H-- --- DEPOSIT. AY APPROVED FOR PAYMENT (Finance Department Use Only) Signature: Digihlly si,,d by Bryan Mcwnney /f DN. —Bryan McKinney, email=bmckinriey@laquinCro gw, _us D, 2021 1214 081509 -08W' epartment Hea BY: BY: I 'ACCOUNT NO. (Date DESCRIPTION J � &4q,<s Coey FINANCig ki? CASH DEPOSIT STATUS SHEET* r-1NAmCEDEPT. Budget Account No. DIN:33336 Project Location:Mirage at La Quinta, Madison & Ave 58 Developer:STANDARD PACIFIC OF COACHELLA VALLEY; 15326 ALTON PARKWAY; IRVINE, CA 92618; PHONE (949) 789-1600 ICASH SECURITY - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT o Dust control; ❑As -built plans; ❑Removal of temporary improvements Other ❑CASH PAYMENT - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT CHECK NO. 20000275 DATE DEPOSIT DEBIT BALANCE Amount Receipt # 3/22/06 $5,070.00 $5070 COMMENTS SEE ENCROACHMENT PERMIT NO. 5021 AND PLAN SET NO. 05132 Cash deposits placed in City administered trust accounts are typically received for two basic reasons:1) CASH SECURITY -to provide a source offunds for the City to draw upon if the City incurs costs satisfying obligations of the developer, or 2) CASH PAYMENT- to provide a source of funding for improvements, property, or services to be acquired, or administered, by the City at the developers expense. The City will release the fund balance when the developers obligations that prompted the cash deposit are fully satisfied. The release function is initiated via the Request/Demand for Release of Cash Deposit (Form F058) Zr 87 F019 8/00 d MAR 2 2 2006 CITYOF LAQUINTA W �CH�Cu CAI II'01INIA - MEMORANDUM Date: October 8, 2021 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re. Bond Replacement for Tract Map 33336, Palo Verde II Please replace the following bonds held in your file for the above referenced tract. Please release the following bonds: Tract Map No. 33336 Type of Bond Bond No. Performance Amount Dust Control 08832574 $12,000 Performance (on -site) SU5025746 $467,262 Performance (off -site) 08832571 $103580 Please retain the following attached bonds: Tract Map No. 33336 Type of Bond Bond No. Performance Amount Dust Control 4444994 $12,000 Performance (on -site) 4444997 $467,262 Performance (grading) 4444996 $103,580 Previous Developer Surety Company: Standard Pacific Corp 980 Montecito Dr. #302 Corona, CA 92879 Attn: Geoffrey Smith Arch Insurance Company 2345 Grand Blvd, Ste 900 Kansas City, MO 64108 Surety Company: Fidelity and Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL 60196 L7 �i i I[- ❑� '�f� I i �� i- r: t F 1. -� � • Tr � � ^� .� -� � ram+- - f .'. .,ail -F,•Ti i} -r, ta Qa�tra CALIFORNIA October 12, 2021 Standard Pacific Corp. ATTN: Geoffrey Smith 980 Montecito Dr. #302 Corona, CA 92879 RE: TRACT MAP 33336 PALO VERDE II — RELEASE OF BONDS Dear Mr. Smith, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Arch Insurance Company and Fidelity and Deposit Company of Maryland on 10/12/2021. Warranty Bond Number Warranty Amount 08832574 $12,000 SU5025746 $467,262 08832571 $103,580 The original paper bond is enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, I Nichole Romane, Deputy City Clerk Email: nromane@)LaQuintaCA.gov Tel: (760) 777 - 7092 c: Bryan McKinney, Public Works Director/City Engineer Arch Insurance Company Fidelity and Deposit Company of Maryland File Bond #: SU5025746 Premium: $5,841.00 (First Term Fully Earned) SUBDIVISION IMPROVEMENTS Parcel Map No. 33336 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 33336 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of Califomia, and Standard Pacific Corp., a Delaware Corporation hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Parcel Map No. 33336 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Arch Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * See helow DOLLARS ($ 467,262.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded 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 and provisions in the said 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 true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a 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. *Four Hundred Sixty Seven Thousand Two Hundred Sixty Two and 00/100 F201 - Performance Bond Page 1 of 2 r The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its 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, this instrument has been duly executed by the principal and surety above named. on Nov., 21st , 20008 Standard Pacific Corp., a Delaware Corporation Principal (Seal) ale-- Signature of Principal Authorized Re rieselnta ave Title of Signatory Arch Insurance Compnny (Seal) (Lof Surety F201 - Performance Bond Christine Maestas/Attorney-in-Fact Title of Signatory 135 North Los Robles Ave., Ste. 825 Pasadena, CA 91101 Address of Surety 626.639.5256 Phone # of Surety George Munana Contact Person For Surety Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On C? �� 1 , C��f� before me, Esther A. Stepien, Notary Public (IlerE Insert name and tole of the oCflear) personally appeared Christine Maestas who proved to me on the basis of satisfactory evidence to be the personKwhose namep4"is/afe subscribed to the within instrument and acknowledged to me thatAWshelthey executed the same inA is/herlt"r authorized capacity iW—. acid that by J31Aer/Aeir signaturefsHn the instrument the person, s), or the entity upon behalf of which the persollA-46ted, 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. L. 5lgnaiure or Notary Public Esther A., Stepien, Notary Public E.TN,R A. PEPIEN Cornmlal'ion * 1725408 Not" PutMC - Cci forrya (Notary Seal) ra"M City ir9 2R1i ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Mile or description or attached document) Mile or description or attached document continued) Number of Pages Document Date (Additional In format Ion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Mde) ❑ Partner(s) ® Attorney -In -Fact ❑ Trustee(s) ❑ Other .INSTRUCTIONS FOR COMPLETING THIS FORM Arty aeknowledgnreltr corriplered hr California rtiusr mtnairr verhl�ge txac1l as appears above In the notary section or a separate acknowledgruerrr foray must be prwrly completed and'artacbed to that documeti. The only excepNorr Is If a docuttienr is to be recorded ontslde of Ceprarttla. in such hmances, any alternative acknowledgment verbiage as may be printed on such a docuttlenr so long as the mrb*e does trot require the notary to do swrtething that Is illegal for a ttdary Ire CAIM0700 (I.e. crrtifyittg the aathariaed ealar10, ar the sigrrer), Please check the docuaretn Carefully far properruxarial wordi'rg arrd attach this fornr if required. ■ Slate and County Information most be die Stale and County where the document signers) personally appeared before the notary public for ackrowledgmeni. ' • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as It appears within his or her commisslon followed by a comma and Ihen your I I d e (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. o Indicate the correct singular or plural forms by crossing afr Incorrect rorms (i.e. M1.she1#*1v- is tare ) or ctrcIing d* correct forms. Failure to correctly Indicate this lnrormal1on may lead la rejection or document recotdIng. ■ The notary seal Impression must be clear and pholographlcally reproducible. Impression must not cover text or Irnes If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment rorm. Signature or the notary public must match the signature on file with the office of the county cleric. O Additlonal Information is not required but could help to ensure this acknowledgment Is not misused or attached to a different document. I- Indtcale title or type of attached document, number of pages and date. 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate olllcer, lnditale the bile (i.e. CEO, CFO, 5ecretary). • Securely aliach this docameni to the signed document 2008 Version CAP/ M.10.01800.873-9865 www.NolmyClesses.com STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On November 24, 2008 before me, Kathleen M. Villari, Notary Public, personally appeared Michael C. Battaglia who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHLEEN M. VILLARI WITNESS my hand and official seal. COMM.01773520 ORANGE COUNTV �vrrtrnEXD, QC4UIJ_ Signatur -�X/�k/� (Seal) POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Paul A. Bland, Dana L. Dowers, Sandra L. Sikora and Christine Maestas of Irvine, CA (EACH) its true and lawful Ai#omey(s)=ir;-Foci, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth.herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance .of these. presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the�same had been duly executed and acknowledged by its regularly elected officers at its :principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the, Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have -the power and authority to appoint agents and attorneys -In -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified With respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 st day of ^ May 12008 . Attested and Certified rance MFEPDXAT tp:l r Missouri Martin J. Nil 011 Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company P J. Mi haei ete, 4i#siden I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company; a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALi'H OF 1'BI MYLVAW NC' . '- i SEAT. LBrian C. Kuhn, Notary Public Brian C. Kuhn; Notary Public Philadelphia, Philadelphia County My commission expires 12-06-2011 CERTIFICATION mission ex Tres I3ecemher 06, 20I1 1, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the persons) as listed above is a true and correct copy and that the same has been •in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aff ed the torpor s I of the Arch Insurance Companyon this 21st dayof November , 20 08 Martin J. Nil , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Y PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) BOND NO. 08832571 PREMIUM: $829.00/2 Years Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 504d in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to Standard Par-ific Coachella Valley- , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as La Quinti 53** ; and **Tract 33336 WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shaff correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Fidelity and_pepoit_ CaRangy of MaK land as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of One Hundred Three Thousand Fixg—Hi2adle and Dollars ($ 103,580.00 lawful money of the United States, for the.payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents, The condition of this obligation is such that if the above bonded 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 and provisions in the said permit and any alteration thereof made as therein provided, an 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 true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit or to the work to be performed thereunder or the specifications accompanying the same shall In anywise affect its 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 permit or to the work or to the specifications. Page 1 of 2 F210 eV Grading Bond Encroachment Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on March 13 2006. Standard Pacific Coachella Valley, a Division of Standard Pacific Corp., a Dela axe Corporation Princ (Seal) 5ignaiur of Principal 1 Z f7b Title of Signatory F210 lity and eposlt Company of Maryland Lt (Seal)e of Surety sine Maestas Attorne —in—Fact Title of Signatory 801 N. Brand Blvd., Glendale CA 91203 Address of Surety 818-409-2801 Phone # of Surety Mr. Steve Drake Contact Person For Surety SlATEOF California COUNTY OF Ora_n_ge On March 13th, 2006 . before me, p-12SONALLYAPPEARED Christine Maestas SS, Lisa A. Cushing, Notary Public personally known to me (or proved to me on the basis of .satisfactory evidence) to be the person(s) whose nanw(s) islare subscribed to the within instrument and acknowledged to ine that helsheJthey executed the same in &Vherltheir authorized capachy(ies), and thatby his/herltheir 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 curd oieial seal. Signature W LISA A. CUSHING _ C..... . # 163"32 Notory RtbNc - CaSfanlo orange county My Cam+. Exp;MS Jan 10. 2010 This area for Official Notarial Seal OPTIONAL - Though the data below Is not required by iaw, it may prove valuable to persons relying on the document and could Prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond Number 08832571 TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME of ?ERSONsl OR ENmYpEs) Fidelity and Deposit Compan�r of Maryland _ Two _ NUMBER OF PAGES' March 13th. 2006 DATE OF DOCUMENT Standard Pacific Coachella Valley SIGNER(S) OTHER T1AAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of / / // personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, Notary Name(s) of Signer(s) [� personally known to me -OR- to be the perso4< whose name,(] is.o,6 subscribed to the within instrument and ac nowiedged to me that &si�&th4y executed the same in Is jaflth)er authorized capacity(jK, and that by is I)j,4ltP,6r ifA1HLEEN M. NLLARi signaturex on the instrument the person(W or the entity upon Commission # 143511 B behalf of which the persontpy acted, executed the instrument. rx Public - Colifomia f OiangeCounty WITNES my hand and official s I. My Comm. Expires Aug 15, 2007 ? 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. Description of Attached Document Title or Type of Document: Document Date: " �� "U 62 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ��'y A�_� Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ uardian or Conservator [Other: A*thorNod ReprseeIItatiye Si ner Is Representing: r Top of Thumb here ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of Thumb here Signer Is Representing: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w ' • set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d . �s tal 'hate, constitute and appoint Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS i f Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to ma rk p behalf as surety, and i as its act and deed: any and all bonds and undert � t e. r > or undertakings in pursuance of these presents, shall be as binding upon s ' �S-lt�I d 1 tints and purposes, as if they had been duly executed and acknowled� • eIe n�Com an at its office in Baltimore Md. in their Y Y P Y own proper persons er rn ' e� on behalf of Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS, KatheV' ='A i F5� ,dated July 17, 2003. The said Assistant"&said �kws e by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- . Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of January, A.D. 2004. ATTEST: State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 22nd day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "y R. wrosewnv �7iY P17�` Dennis R. Hayden Notmy Public My Commission Expires: February 1, 2009 POA-F 012-0038 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the sea] of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13 h day of March 2006 . Assistant Secretary BOND NO. 08832574 PREMIUM: $100.00/2 Years FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize Standard Pacific Coachella Valley , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as La Quinta 53 ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # PM1O aGk)Z prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Fidelity and Deposit Company of Mare , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Tweive Thous n and Dollars ($ 12, 000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded 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 and provisions in the said dust control plan 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 true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its 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 dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # PM10 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on March 16 2006. Standard Pacific Coachella Valley, a Division of Standard Pacific Corp., a Delara Co oration Princi (Seal) k4l� Signature of Principal Title of Signatory gidplity and Dproalt Com an of Maryland S Oef (Seal) Signature f Surety 3ne Maestas, Attorney —in —Fact Title of Signatory 801 N. Brand Blvd., Glendale.CA 21203 Address of Surety 818-409-2801 Phone # of Surety Steve Drake Contact Person For Surety F211 57AYEOF California SS, COUNTY OF Orange On March 16th, 2006 orelne Lisa A. Cushing, Notary Public ll. RSO,VALLYAPPEAREn Christine Maestas personally known to me (orproved to me on the basis of.sati.sjrH:tory evidence) to be the person(s) whose nanw(s) is/are subscribed to the within instrument taaad acknowledged to » ae that helsheJffiey executed the same in hisfherltheir authorized capacity(ies), and thatby hiMherltheir 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. n �,, Signature (V^\ U5 r V— This area for Q07r.ial 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING; NAME OF PERSOMS) OR ENT"(1Es) Fidelity and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT Bond Number 08832574 TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES March 16th, 2006 DATE OF DOCUMENT Standard Pacific Coachella Valley SIGNER(S) OTHER THAN NAMED ABOVE -- ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d ,s 'nate, constitute and appoint Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS IICb f Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to mak • d e "v 'y1 r, s behalf as surety, and as its act and deed: any and all bonds and under k' t cY _ �t or undertakings in pursuance of these resents, shall be as binding upon 5 n 1 d ;fI ents and purposes, as if the had been P b P� P P Y duly executed and acknowled�en i y ele�ron l ompany at its office in Baltimore, Md., in their own proper persons er � nbrn , MV' k s behalf of Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS, Kalher AI dated July 17, 2003. The said Assistant V s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of'January, A.D. 2004. ATTEST: ,Fp 44Ppsr � r O w W � 4 �nlH State of Maryland i ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Sec•retau 7 By: Paul C. Rogers Vice President On this 22nd day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of' the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first iho%e written. Dennis R. Hayden Notan Public My Commission Expires: February 1, 2009 POA-F 012-0038 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of March , 2006�. Assistant Secrelary CALIFORNIA L-PURPOSE ACKNOWLEDGEMENT State of County of �• On 1 befo e, B—, - a Title of Officer (e.g., "Jane aa, personally appeared personally known to me -OR- NICOLE MASSOTH G7rnmisston T 5420i 1 Notary Pufallc - Corr►ornro Orartg� Co4"V W C0mm. Explre4 M., 2 i 20-- of PUbiic" ) -eR(s) whose name) is/qe subscribed to the within instrument and acknowledged to me that he/fie/ ey executed the same in his/h�r/tl�r authorized capacity( and that by his/"eir signature( on the instrument the personPl, or the entity upon behalf of which the person(O acted, executed the instrument. W ITN.ES§ goy �dAnd official seal 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here