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31627 Nadador, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Name: Nadador LLC (Residence Club at PGA West) Tract No. 31627 Date of Contract: April 15, 2004 Required Bond Amounts: Off -Site: Streets Water 10% Contingency Prof. Fees Design Prof. Fees Construction No Plans Contingency On -Site: Drainage Streets Water Sewer Utilities Monumentation 10% Contingency Prof. Fees Design Prof. Fees Construction No Plans Contingency Dates of Bond Reductions: $ 95,045 performance / labor & materials $284,299 same $ 37,930 same $ 41,730 same $ 41,730 same $ 62,590 same $165,140 same $245,107 same $193,665 same $122,840 same $ 82,500 same $ 7,500 performance only $ 81,680 / $ 80,900 $ 89,840 / $ 89,020 $ 89,840 / $ 89,020 $134,760 / $133,520 Outstanding Bonds and Bond Company: Financial Pacific Insurance Amount: Bond No. Date Cancelled/Released: $563,300 (P) S803045 $193,862 (R) same $563,300 (L&M) same $1,212,900 (P) S803043 $1,201,700 (L&M) same Replaced w/rider 11 /20/08 Released March 5, 2014 Released March 5, 2014 Released May 23, 2017 Released Oct. 27, 2017 T4'it 4 4W QuiMfw MEMORANDUM To: Susan Maysels, City Clerk `z From: d Wimmer, P.E., Development Services Principal Engineer Via: Nmothy R. Jonasson, P.E., Public Works Director /City Engineer Date: February 27, 2014 Subject: Release of Warranty Security for Tract Map No. 31627, Residence Club at PGA West, Off -Site Improvements Please release the following securities held in your files for the above referenced tract. The improvements were accepted by City Council on September 18, 2012. Record of the warranty bond is not found in your files, but a copy of the warranty bond is attached. The security amounts and the address to the developer and Surety Company are as follows: TRACT No. 31627 Bond No. Bond Type Amount S803045 Performance $ 193,862 reduced S803045 Labor & Materials $563,000 S803045 Warranty $37, 934 Developer: Christine Kiener Nadador, LLC 54-500 W. Residence Club Dr. La Quinta, CA 92253 Surety Company: Financial Pacific Insurance P.O. Box 292220 Sacramento, CA 95829-2220 Cc: Project File I, Tract Map No. 31627 T4hf 4 4 a" 78-495 CALLE TAMPICO LA QUINTA, CA 92253 March 5, 2014 Christine Kiener Nadador, LLC 54-500 W. Residence Club Dr. La Quinta, CA 92253 Re: Tract Map 31627 Dear Ms. Kiener: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases the following Bonds: Bond No. S803045 in the reduced amount of $193,862 Bond No. S803045 in the amount of $563,000 Bond No. S803045 in the amount of $37,934 If you have any questions, please call me at (760) 777-7123. Sincerely, 5�� �* Susan Maysels City Clerk cc: Tim Jonasson, Public Works Director/City Engineer Financial Pacific Insurance File ` Financial Pacific Insurance P.O. Box 292220 Sacramento, CA 95829-2220 * * * * * * SURETY BOND RIDER * * * * * * August 22, 2008 City of La Quinta PO Box 1504 La Quinta, CA 92253 TO BE ATTACHED TO AND FORM A PART OF: BOND NUMBER: S803045 Bond Type: Subdivision Description: Tract Map No. 31627, Off -Site Improvements Executed by: Nadador, LLC (PRINCIPAL) and by: Financial Pacific Insurance (SURETY) in favor of: City of La Quinta (OBLIGEE) In consideration of the mutual agreements herein contained, the Principal and Surety hereby consent to changing: Reduction of Penal From: $563,300.00 To: $193,862.00 Sum on Bond Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: 8/12/2008 Signed and Sealed: 8/22/ 08 By: iMa Becchetti, Attorn - -Fact LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S803045 POWER NUMBER 907772 PRINCIPAL Nadador, LLC PENAL SUM $193,862.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitu and oint: and �iper, Linda Beechetti, Michael D. Harbison, Melanie I Huff its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances-or othexrwritten obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous. Bonds .up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by.facsirnile under "and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at.the"meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice President, in :conjunction with the.Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the_appointment in each case, for and on behalf of the Company, to execute and.dehver.and affix the seal of the Company to bonds; unbdertakings, recognizances and suretyship obligations of all kinds; and said officers may remove'any such attorrtey_in factAor agent and"revoke any power of attorney previouslyfgranted such person. p RESOLVED FURTHER, that ariy�boiM - undertaking � ebognrzzance, or suretyship obligation shall bE-" d .and -binding upon the Company when signed and sealed (if a seal beJrequrred by�onej or ore =attorneys -in -fact pursuant Vkand withm tlie" limits of the authority evidenced by the power of attorney issued by` the.Company"to such��person-or�ersons. qr: x RESOLVED FURTHER, that the signature of any a th nicdWofficer and the seal: of the Company jmay be af& aed'by facsimile to any power of attorney or certification thereof authorizing the executionand delivery of any.bond, undertakmg,Yeeogruzance, or other suretyship obligations of the Company; any such signature and seal whenso use`d`shall have the same `force and effect a}"'though � anually affixed. IN WITNESS W14EREOF Financial Pacific Insurance Company has caused these presents Woe isigned by iWproper officers, and its corporate seal to.be hereunto -affixed this 12th ofxSeptember, 2007.r d INSU,9 �PP0gq 't'p •� Q:? �ULY22 � 0= a c' Ed J. Paoletti, Vice President J R. Hollingshead, Secr ary =a: 1986 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO Orvthis 12th of September, 2607, personally came before me Edward J. Paoletti and John R: Hollingshead, tome known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. ---------------- LISA ROPER COMM. # 1755752 i Z ' NOTARY PUBLIC - CAUfORNU1�+ PLACER COUNTY isa Roper P lc �� My Comm. Expires July 6, 2011 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors se forth, and that the relevant provisions of the By -Laws ofompany, are���ftrll force a�effect. � ���7 Signed and sealed at Sacramento, this day of 20 't John Financial Pacific Insurance Company seal must be affixed STATE OF CALIFORNIA ) )ss. COUNTY OF PLACER ) On August 22, 2008, before me, Lisa Roper, Notary Public, personally appeared Linda Becchetti, who proved to me on the basis of satisfactory evidence to be the persons whose name-(&- is/are subscribed to the within instrument and acknowledged to me that helshe/thay executed the same in h-l"her r authorized capacity ram;-, and that by h4.sjher/1?h8Jr signature-(s4- on the instrument the persons--, 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. LISA ROPER COMM. # 1755752 z Z = o NOTARY PUBLIC - CALIFORNIAK PLACER COUNTY My Comm. Expires July 6, 2011 (Notary seal) No. 08208 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Financial Pacific Insurance Company of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 25th day of May, 2006, 1 have - __-- 1_--- -1 ___,1 1.,.,.,.-,r4-,,,1 o 7 to ha niir-ead uric Company Profile Page 1 of 2 Company Profile FINANCIAL PACIFIC INSURANCE COMPANY PO BOX 292220 SACRAMENTO, CA 95829-2220 800-371-8067 Former Names for Company Old Name: M. L. OATES INSURANCE COMPANY Effective Date: 12-30-1993 Agent for Service of Process CHARLES E. WARDLAW, 3850 ATHERTON ROAD ROCKLIN, CA 95765 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 31453 1114 3132-8 December 31, 1987 UNLIMITED -NORMAL Property & Casualty CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa y. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co_proflp_EID=6867 11/14/2008 Bond No: s803O45 Premium: $8,450.00 Off —Site SUBDIVISION IMPROVEMENTS Tract Map No. 31627 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quints has approved the final map for Tract Map No. 31627 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of Califomia, and Nadado . LLC hereinafter designated as ("principal") have entered into an agreement whereby {principal agrees to install and complete certain designated public improvements, which said agreement, datedMa 2 "200 4, and identified as TractMap No. 31627 , is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW,THEREFORE, we, the principal and Financial Pacific Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum Of *** DOLLARS ($F63,300-00 )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. *** Five Hundred Sixty Three Thousand Three Hundred and 00/100 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 effecL 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. F201 - Performance Bond Page 1 of 2 S803045 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement 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, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 8 , 2004. (Seal) (Seal) Financial Pacific Insurance Company Surety Siggature of Surety Attorney —in —Fact Title of Signatory 3850 Atherton Road Rocklin, CA 95765 Address of Surety (9161 630-5000 Phone # of Surety Eric J. Fedors Contact Person For Surety California Non —Resident Agent 4ed IB License llOB59680 Experation 6-30-05 F202 - labor and Material Bond Page 2 of 2 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S803045 POWER NUMBER 803046 PRINCIPAL Nadador, LLC PENAL SUM $563,300.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Eric J. Fedors, Melanie J. Huff, DeLena Robinson its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or an Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment m each case, for and on be of the Company, to execute and deliver and affix the seal of the Company to bonds, unbdertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys -in -fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March, 2004. gmninbgq �� INSp9 jF T'4 Robert T. Kingsley, President Jo n R. Hollingshead, Secr tary STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. IREBE:rCo6147138LER gut / ' WT1ot�tX� CONICIELtL m N Notary Public-CalOomla to WOPLAC6t COUNry S Rebekah Moeller, Notary Public ay Comm. Exp. Fab 21, 20M ++wT� CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company a California corporation, DO I Power of Attorney remains in full force and effect and has not been revoked and' furthermore, that the resolutions forth, and that the -relevant provisions of the By -Laws of the Company, are now in full force and effect. 8th July 04 Signed and sealed at.Saceatn@mo, this _= day of , 20 John ollingshe 'Financial Pacific = InsuranceCampany seal must --' that this ctors set STATE OF CALIFORNIA COUNTY OF PLACER On this 8`h day of )ss. July 7 20 04 before me Rebekah Moeller, a Notary Public in and for the State of California, personally appeared Melanie J. Huff personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature &412' & REBEKAH MOELLER r' COMM. #1471339 m Notary Publk-CSIWOM a fA LU gy m, PLACER COUNTY My Comm. Exp. Feb 21, 2009 STATE OFNEVADA COUNTY OF WASHOE On July 9, 2004 Nello Gonfiantini III above instrument. In witness whereof, I have Countvof Washoe. Notary Public Personally appeared before me, a Notary Public, who acknowledge that he/she executed the set my hand and affixed my official stamp at my office in the ...N......NN.I.N.NNN.............. GLEN GONFIANTINI Notary Public - State of h evade Writment Number 93-0399.2 My Appt. Expires Sept. 25.2005 ..N.NNN..Nm..NNN..N.N. N.N• FINANCIAL PACIFIC LZP!M-M-WM Bond #S803045 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 8th day of Jul, 2004. Financial Pacific Insurance Company r [Cerporate.Seaij Bond No: S803045 Premium: $8,450.00 Off —Site SUBDIVISION IMPROVEMENTS Tract Map No. 31627 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31627 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Nadador, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, datecMay 25, 2004, and identified as TractMap No. 31627 is hereby referred to and made a part hereof, and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of DOLLARS ($ 563, 300. 00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. ****Five Hundred Sixty Three Thousand Three Hundred and 00/100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202. Labor and Material Bond Page 1 of 2 S803045 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 July 8 , 2004 (Seal) (Seal) California Non —Resident Nadador, LLC Financial Parific Insurance Company Surety 7 - Sigqbturb of Surety Attorney —in —Fact Title of Signatory Rocklin, CA 95765 Address of Surety (916).630-5000 Phone # of Surety Eric_ J. Fedors _ Contact Person For Surety Agent fr d J. Br er License 11OB59680 Experation 6-30-05 F201 -Performance Bond Page 2 of 2 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S803045 POWER NUMBER 803045 PRINCIPAL Nadador, LLC PENAL SUM $563,300.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Eric J. Fedors, Melanie J. Huff, DeLena Robinson its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as fellows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions ado led by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or an Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-m-fact or agents with authorit as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, unbdertakings, recogmzances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or surer hip obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys -in -fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March, 2004. ,C INSU,9 /pi ........... pFOi SLILY 2? Robert T. Kingsley, President J n R. Hollingshead, Secretary 1986 n STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. RE.or MOELLER S .or NotoW P AC�C`WN�f1�4 + Rebekah Moeller, Notary Public My Comm. Exp. Feb 71, 2009 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the BoayoDirectors set forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. 8`h July 04 Signed and sealed at_Siciimento, this_ day of , 20 ollingshead, Secretary Financial Pacific Insurance Ccmp4y ' -seal must he affixed-' STATE OF CALIFORNIA COUNTY OF PLACER On this gth day of )ss. July , 20 04 before me Rebekah Moeller, a Notary Public in and for the State of California, personally appeared Melanie J. Huff personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature &Jel REEIEKAH MOELLER COMM. $1471389 N 0-� Notary Public -California NUJPLACER COUNTY My Comm. Exp. Fab 21, 2000 STATE OF NEVADA COUNTY OF WASHCE On July 9, 2004 , Personally appeared before me, a Notary Puol,c. Nello Gonfiantini III Who acknowledge that he/she executed :he above instrument. In witness whereof, I have County of Washoe. Notary Public set my hand and affixed my official stamp at my office 'n :he .M..pNNNNNNN..........Nu..... GLEN GONFIANTINI Notary Public - State of Nevada APPdnbnent Number93-0399.2 i MY APPL Expires Sept 25. 2005 FINANCIAL PACIFIC _� tan Bond #S803045 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 8"' day of Jam, 2004. Financial Pacific Insurance Company twldlw AF • ,'� [Corporate Sjeal] "F Bond No. S803045 Premium: Included in Performance Bond WARRANTY BOND KNOW ALL MEN BY THESE PRESENTS: That Nadador, LLC as Principal, and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation organized and existing under the laws of the State of California to act as Surety, are held and firmly bound unto the City of La Quinta , as Obligee in the sum of Thirty Seven Thousand Nine Hundred Thirty Four & 00/100 dollars ($37,934.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 12s' day of November 20 12 WHEREAS, on the 25th day of May 20 04 the said Principal entered into an agreement with City of La Quinta for Tract Map No. 31627, Off -Site Improvements and WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond of warranty to protect the said Obligee against the result of faulty materials or workmanship for a period of 12 months from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Principal shall for a period of �12 months from and after the date of the completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. FINANCIAL PACIFIC INSURANCE COMPANY urety) - r - Bv: -Linda Becchetti, Attor6y-in-Fact SDMTNCBD.DOC Nadador, LLC (Principal) STATE OF CALIFORNIA } }ss. COUNTY OF PLACER } On November 12, 2012, before me, A. Ognibene, Notary Public, personally appeared Linda Becchetti, who proved to me on the basis of satisfactory evidence to be the person4e+ whose name(q) is/are subscribed to the within instrument and acknowledged to me that hefshe�they executed the same in hl-sfher "� authorized capacity+iee+, and that by h-is4her/their signature(s) on the instrument the person+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 hand and official seal. 4. Ali! r Signature of Notary Public A. OGNiBENE Commiaalon i 1847355 ti Nowy Public - Ca►ftonva Placer County MY Comm. Expires May 2. 2013 (Notary Seal) LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the 'Company"), does Hereby make, constitute and appoint: Linda Bec chetti, Mictmi D. Harbison its true and lawful Attorneys -In -Fad, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seat of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid, Performance, Payment and Miscellaneous Bonds up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -In -fad or agents with authority as defined or limited In the instrument evidencing the appointment in each case, for and on behalf the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizanc es, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fad or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (d a seal be. requireW by one or more attomeys-in-fad pursuant to and within the a limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the exertion and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 181 day of January, 2012. vim, WLY N ti� i88 Dennis J. Richro!!!aann, Vice President David A Lange, Assistant Secretary STATE OF IO WA, COUNTY OF LINN On 1 st day of January, 2012, before me personally came Dennis J. Richmann and David A. Lange who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capaafies, and that by their signatures on the Instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. ,yin Mary A. ,fancier Iowa Notarial Seal • Commission number713273 Mary A. Jan , Notary Public Ow Commkolon Exoiree IaMl3 CERTIFICATE I cartify under the Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and coned. Signed and sealed, this 12 day of November , 2012 ific David A. Lange, istwd Secretary pany t BPOA 0043 1011 a �'�" •c 00OF To: Susan Maysels, City Clerk From: Amy Yu, Associate EngineerP If Via: Bryan McKinney, P.E., Principal Engineer Date: May 22, 2017 Re: Release of Performance Security for Tract Map No. 31627, Residence Club at PGA West, On -Site Improvements Please release the following on -site performance security held in your files for the above referenced tract. The on -site improvements were accepted by City Council on May 16, 2017. The security amount and the address to the surety company are as follows: TRACT No. 31627 Performance Bond No. Performance Amount S803043 $1, 212,900 Developer: Mr. Aaron Hasson 54500 West Residence Club Drive La Quinta, CA 92253 Surety Company: Financial Pacific Insurance 3880 Atherton Rd Rocklin, CA 95765 cc: Project File I, Tract Map No. 31627 May 23, 2017 Mr. Aaron Hasson 54-500 West Residence Club Drive La Quinta, CA 92253 Re: Tract 31627 Dear Mr. Hasson: Per authorization from the Design and Development Department, the City Clerk's office hereby releases the on -site performance Bond No. S803004 in the amount of $1,212,900. If you have any questions, please call me at (760) 777-7103. Sincerely, Pam Nieto Deputy City Clerk c: Tim Jonasson, Design and Development Director Financial Pacific Insurance File 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Bond No: S803043 Premium: $18,194.00 On —Site SUBDIVISION IMPROVEMENTS Tract Map No. .11627 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31627 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Nadador, . LLC hereinafter designated as ("principal") have entered into an agreement whereby {principal agrees to install and complete certain designated public improvements, which said agreement, datedMay 25 200 4, and identified as Tract Map No. 31627 , is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Financial Pacific Tnsuranrnmpany as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of *** DOLLARS ($ 1.212.900.00 ) 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 Million Two Hundred Twelve Thoussand Nine Hundred and 00/100 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. F201 -Performance Bond Page 1 of 2 S803043 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement 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, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 8 , 2004. (Seal) (Seal)-, , Financial Pacific Insurance Company Surety L Sigilature of Surety Attorney—in=Fact Title of Signatory 3850 A h nn Road Rocklin. CA 95765 Address of Surety (916) 630-5000 Phone # of Surety Eric J. Fedors Contact Person For Surety California Non —Resident Agent r S. -e er License #OB59680 Experation 6-30-05 F202. Labor and Material Bond Page 2 of 2 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S803043 POWER NUMBER 803043 PRINCIPAL Nadador, LLC PENAL SUM $1,212,900.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Eric J. Fedors, Melanie J. Huff, DeLena Robinson its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adoppted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and as the seal of the Company to bonds, unbdertakmgs, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys-in-faet pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by. facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March, 2004. ...........Hq4,� ' 1 Fo � yULY 2p i K _ Robert T. Kingsley, President J n R. Hollingshead, Secr tary 1986 y - STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. 7ONE BEKgHOELLERCOMM. i1471S8YNotary Pubtle-CallfotnlaPUCEt000Nt1' S Rebekah Moeller, Notary Public YCOMM. E* Rb 21, 2M CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attornev remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board o Directors set forth, and thabthe relevant provisions of the By -Laws of the Company, are now in full force and effect. -- --- 8th July 04 Signed and sealed at Sacramento. this = day of , 20 - — John ollingshead, Secretary Financia Insurance Company_- _ seal must be affixed- STATE OF CALIFORNIA COUNTY OF PLACER On this 81h )ss. day of July 9 20 04 3 before me Rebekah Moeller, a Notary Public in and for the State of California, personally appeared Melanie J. Huff personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature )ke� REBEKAH MOELLER COMM. #1471389 Notary Public -California N uj PLACER COUNTY -+ Ity Comm. Exp. Fab 21, 2008 STATE OFNEVADA COUNTY OF WASHCE On July 9, 2004 , Personally appeared before me, a Notary Public. Nello Gonfiantini III above instrument. In witness whereof, I have County of Washoe. Notery Public who acknowledge that he/she executed tte set my hand and affixed my official stamp at my office :n he Mf w..ww.fNNwfHw.............. GLEN GONFIANTIN, Notarryy Public -State of r e+ Appointment Nuerber 93,3y9• Ah APPt. EXPi 9$ Sept. 2k 20P IMY.fMf.flfw..lfMMM..fff..1 FINANCIAL PACIFIC Bond #S803043 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 8th day of Jam, 2004. Financial Pacific Insurance Company Meignie J. Huff, Alto y-in-F lolpe [Corgo`rete Seal], ° T ta QU ;4 --CEMeftbr[)ESFftI' To: Susan Maysels, City Clerk 7 From: Bryan McKinney, Interim City Engineer/f/ Date: October 26, 2017 Subject: Release of On -Site Labor & Materials Security Tract Map No. 31627, Residence Club at PGA West Please release the following Labor & Materials security held in your files for the above referenced tract. The on -site improvements were accepted by City Council on May 16, 2017; therefore, the retention of the Labor & Materials 90-day period was completed on August 16, 2017. The Labor & Materials amount and the address to the developer and surety company are as follows: TRACT No. 31627 Bond No. Bond Amount S803043 $1,201,700 Developer: Mr. Aaron Hasson 54500 West Residence Club Drive La Quinta, CA 92253 Surety Company: Financial Pacific Insurance 3880 Atherton Rd Rocklin, CA 95765 Cc: Project File I, Tract Map No. 31627 �d�ev nfrhe DI ',ER — October 27, 2017 Mr. Aaron Hasson 54-500 West Residence Club Drive La Quinta, CA 92253 Re: Tract 31627 Dear Mr. Hasson: Per authorization from the Design and Development Department, the City Clerk's office hereby releases the On -site Labor & Materials Bond No. 5803004, in the amount of $1,201,700. If you have any questions, please call me at (760) 777-7103. Sincerely, �� F�_� Pam Nieto Deputy City Clerk c: Frank Spevacek, City Manager Financial Pacific Insurance File 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Bond No: S803043 Premium: Included on Performance Bond On —Site SUBDIVISION IMPROVEMENTS TractMap No. -j1 t;27 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Ouinta has approved the final map for Tract Map No. 31627 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Ouinta, State of California, and Nadador, , LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated May_ 9,J 200 4 and identified as Tract Map No. 31627 , is hereby referred to and made a part hereof, and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to lie a good and sufficient payment bond with the City of La Ouinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Ouinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of One Million Two Hundred One Thousand Seven Hundred and DOLLARS ($ 1 , 201, 700. 00, for materials furnished or labor thereon of any kind, or for 00 / 100 amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title. 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this band be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202. Labor and Material Bond Page 1 of 2 S803043 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 ,TL1y S , 2004. (Seal) (Seal) Nadador. LLC Financial Pacific Insurance Company Surety / .✓ Sigq4ture of Surety Attorney —in —Fact Title of Signatory Rocklin, CA 95765 Address of Surety (916) 630-5000 Phone # of Surety Eric J. Fedors Contact Person For Surety California Non —Resident Agent .Afr J. rew r License fi0B59680 Experation 6-30-05 F201 - Performance Bond Pape 2 of 2 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S803043 POWER NUMBER 803044 PRINCIPAL Nadador, LLC PENAL SUM $1,201,700.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Eric J. Fedors, Melanie J. Huff, DeLena Robinson its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $3,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or an Vice President, in conjunction with the Secretary or any Assistant Secretary, may apppoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment m each case, for and on befialf of the Company, to execute and deliver and affix the seal of the Company to bonds, unbdertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys-in-facC pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March, 2004. jPPI)ggr?pC) Fp: sULY 22, _ Robert T. Kingsley, President J n R. Hollingshead, Secr tary 1986 y c STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of Much, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. REBEKAN 14713M R & M� .-*My COMM. sM ELL NNt1 W Notary PublloCalNomis (p PLACMC0uNfY + Rebekah Moeller, Notary Public Comm. Exp. Fab 21, 2008 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains, in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth, and that the relevant provisions of the By -Laws of the Company, are now in full force aInd 81b July 04 Signed and sealed -a[ Sacraruento, this day of , 20 ollingshead, Secretary Financial Pacific :InsVrance�C6m ny sealmust� _be affixed , STATE OF CALIFORNIA COUNTY OF PLACER On this 8' day of July 7 20 04 a before me Rebekah Moeller, a Notary Public in and for the State of California, personally appeared Melanie J. Duff personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature �y�h ))&L n�ur REBEKAH MOELLER COMM. #1471389 m N m Notary Publk-Califomla (A W PLACER COUNTY My Comm. E:p, Feb 21, 2008 STATE OF NEVADA COUNTY OF WASHCE On July 9, 2004 , Personally appeared before me, a Notary Puoi:c. Nello Gonfiantini III who acknowledge that heishe executed :7e above instrument. In witness whereof, I have ereu; -.c set my hand and affixed my official stamp at my of`;ca n :he County of Washoe. .......................................... GLEN GONFIANTINI it Note rY Public - State of Nevada Numbef 9MW2 Notary Public Yq Apt. EXpkea Sept. 2%2005 FINANCIAL PACIFIC ; Wa-m Bond #S803043 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 8"' day of Jam, 2004. Financial Pacific Insurance Company SIMMERi %; .ice (Corporate Seal]