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2024 - 32201 - Crestwood Corporation - SIA On-Site & Off-Site - Assignment & AssumptionMEMORANDUM evQuiaa cnuFORNJA DATE: October 14, 2024 TO: Monika Radeva, City Clerk FROM: Amy Yu, Associate Engineer RE: Assignment and Assumption Agreements and Amendment to Subdivision Improvement Agreements for Tract Map 32201 Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided Make sure to list any related Project No and Project Name Authority to execute this agreement is based upon: ❑✓ Approved by City Council on October 15, 2024 Consent 6 ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids ❑ Sole Source ❑ Select Source ❑ Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ❑ Agreement payment will be charged to Account No.: ❑ Agreement term: Start Date October 15, 2024 End Date N/A ❑ Amount of Agreement, Amendment, Change Order, etc.: $__ REMINDER: Signing authorities listed above are applicable on the apprepate Agreement amount not individual Amendments or Change Orders! ❑ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: _ Date: ❑✓ Bonds (originals) as required by the Agreement (Performance, Payment, etc.) ❑❑ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ❑ Business License No. Expires: ❑ Requisition for a Purchase Order has been prepared (Agreements over $5,000) ASSIGNMENT AND ASSUMPTION AGREEMENT AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32201 OFF-SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the .104day of.0api;6R_, 20 Zq by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), SC HOMES FUND, LLC, a Delaware limited liability company ("Assignor"), and CRESTWOOD CORPORATION, a California corporation ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated February 22, 2016 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract Map No. 32201 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to sell its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and all of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 2. ReMacement of Improvement..SecurIt Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $198,356 for the following Improvements: OFF-SITE IMPROVEMENTS Performance Security Labor & Materials Security Improvement Description Amount Amount Street $78,414 $78,414 Sidewalk $15,135 $15135 Landscaping $56,720 $56,720 Standard 10% Contingency $15,027 $15,027 Professional Fees Design 10% $16,530 $16,530 Professional Fees Construction 10% 16 530 $16,530L $16 530 TOTAL $198,356 $198,356 (b) Other (Specify type and amount): �J0�e- For purposes of this Assignment & Amendment, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment & Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. 3. Solvency. As a material inducement to the City to enter into the Assignment & Amendment, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Amendment. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this Assignment & Amendment. 5. Counterparts. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. F2W -2- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on 15' day of _0CJ:b [3&4 -120 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 J0"CMILLEN, CITY MANAGER City of La Quinta, California ATTEST: MONIKA RADEVA, UTY GSL RK City of La Quinta, California APPROVED AS TO ORM: / WILLIAM H. IHRKE, City Attorney City of La Quinta, California [o 5- -.0ZA- Dat ASSIGNOR: SC H ES FUND LLC, a Delaware limited liability company 10 1 C vic Center Drive cho ucamonga, CA 91730 Aeri Develo ant Group, LLC, a California limited liability company : Matthew By: Member Date Date ASSIGNEE: CRESTWOOD CORPORATION, a California corporation 510 W. Citrus Edge Street G)endora, CA 91740 B Date By: F2W -3- Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 I1 County of _42aA On l (�l� before me, � Date 'T ,�Q� ,,H, ere Insert Name and itle of the fcer personally appeared rna � v�R�1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose name(* isMFo subscribed to the within instrument and acknowledged to me that he/&heMiep executed the same in hisAherAhei't. authorized capacity(ies#,-end that by his/kaerAheir signatures) on the instrument the persorqs�,arthe-entity upon behalf of which the persor44acted, execated the instrument. I certify under PENALTY OF PERJURY under the SIMONE BASSO laws of the State of California that the foregoing Notary Public - California paragraph is true and correct. San Bernardino County I a Commission # 2333315My Comm. Expires Oct 9, 2024 WITNESS my hand and official seal. . Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __ Document Date: Number of Pages: Signer(s) Other Than Named Above: _ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Signer's Name: _ ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: California All -Purpose Certificate of 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 Los Angeles On September 26, 2024 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorills whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *M.y HAYDEE ALVAREZ Notary Public • California Los Angeles County Commission R 2368693 Comm. Expires Aug 1, 2025 Signature of ry Public (Seal) OPTIONAL INFORMATION Although 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 description of attached document) (Title or description of attached document continued) Number of Pages Document date (Additional information) Capacity Claimed By The Signer Individual (s) Corporate Officer (Title) ElPartner(s) F] Attorney -in -Fact El Trustee(s) Other: ME ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ Other Signer's Name: Signer's Name: ASSIGNMENT AND ASSUMPTION AGREEMENT AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32201 ON-SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the IRh day of W.'#36iL . 20 2H_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), SC HOMES FUND, LLC, a Delaware limited liability company ("Assignor"), and CRESTWOOD CORPORATION, a California corporation ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated February 22, 2016 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract Map No. 32201 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to sell its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and all of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. Fz20 2. Replacement of marovement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $662,223 for the following improvements: ON-SITE IMPROVEMENTS Performance Security Improvement Description Amount Rough Grading $56,340 Street $149,379 Storm Drain $48,354 Water $10,900 Sewer $18,000 Dry Utilities $142,500 Landscaping $66 212 Monumentation $10,000 Standard 10% Contingency $50168 Professional Fees Design 10% $55,185 Professional Fees Construction 10% $55,185 TOTAL $662,223 (b) Other (Specify type and amount): 1. Faithful Performance Bond for Fugitive Dust Control = SM000 For purposes of this Assignment & Amendment, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment & Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. 3. Solvency. As a material inducement to the City to enter into the Assignment & Amendment, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Amendment. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this Assignment & Amendment. F220 -2- 5. Counterparts, This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. F220 -3- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on _/S day of 064.0 r3C4� , 20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 J LLEN, CITY MANAGER City of La Quinta, California ATTEST: A MONIKA RADEVA, CITY CL , K City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IH E, City Attorney City of La Quinta, California _#p �I Zo24 Date ASSIGNOR: SC H ES�PFND LLC, a Delaware limited liability company 10621 It Drive R_anu monga, CA 91730 `l' P I me Group, LLC, a California limited liability company 8 Q-'�Ll-aL� : Matthew By: Member Date Date ASSIGNEE: CRESTWOOD CORPORATION, a California corporation 510 W. Citrus Edge Street G)ndora, CA 91740 Date By: F220 -4- Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of 6WL � � ✓�� J} On _ 6,11 It 0 before me, Datel j� /� /' Here Insert Name and Title of`We Officer /&bpersonally appeared m �� 1 �`�^' �-\ yj --- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor44whose namefs}is.lafesubscribed to the within instrument and acknowledged to me that he/94eft mTexecuted the same in hisi'li&A#i%e_ authorized capacityfies} and that by hisH:tefAherrsignature(oon the instrument the perso rthe-entity upon behalf of which the person(•"cted-executed the instrument. db.96 db. 996db.rrddb. *my SIMONE BASSO Notary Public • California San Bernardino County Commission # 2333315 Comm, Expires Oct 9, 2024 Place Notary Seal and/or Stamp Above 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 Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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:— ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ._.._• 02017 National Notary Association Number of Pages: Signer's Name: _ ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: California All -Purpose Certificate of 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 Los Angeles September 26, 2024 before me, Haydee Alvarez - Notary Public personally appeared Kathleen A. Garvey who proved to me on the basis of satisfactory evidence to be the person(s whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HAYDEEALVAREZ �s Los Angeles County Commission R 2368693 My Comm, Expires Aug 1, 2025 OPTIONAL INP Description of Attached Document Number of Pages Document date Capacity Claimed By The Signer WITNESS my hand and official seal. Signer's Name: Signer's Name: SUBDIVISION IMPROVEMENTS Executed in 3 Counterparts Bond No. 0817718 Premium: $12,079.00 `Premium is for a term of two (2) years then annually renewable' Tract Map No. 32201 ON-SITE IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 32201 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Crestwood Corporation hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _'20 , and identified as Tract Map No. 32201 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and HARCO National Insurance Company , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Six Hundred Sixty Two Thousand Two Hundred Twenty Three & 00/100— DOLLARS ($_662,223.00 ) 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 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. In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 24 '2024 Crestwood Corooration "Principal (Seal) S gnature of Principal title of Signatory HARCO National Insurance Company Surety �a�3' Sk1 (Seal) Signature of Surety Rebecca Haas -Bates, Attorney -in -Fact Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Address of Surety (714)602-9170 Phone # of Surety Jonathan Ortiz Contact Person For Surety California All -Purpose Certificate of 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 Los Angeles On September 25, 2024 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the Person(s whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my HAYDEE ALVAREZ Notary Public • California Los Angeles County Commission m" 2368693 Comm. Expires Aug 1, 2025 WITNESS my hand and official seal. Signature of (Seal) OPTIONAL INFORMATION Although 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 description of attached document) (Title or description of attached document continued) Number of Pages Document date Capacity Claimed By The Signer Individual (s) EDCorporate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) El Other: Additional Signer(s) Signer(s) Thumbprint(s) ❑ Other Signer's Name: Signer's Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •r. t �..:�:�✓c�<.�<.::e c�N.Ct�:!:�<!:� �.!�.:!: e.:\ -::.,!:< _ � �:�:!•'�K:4 .:i .:<�.!:�:.�.!s�<�'�<!•.�.•:�c C.�..:�r s �•i. :.a:C. c ::{: •i:C.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 09/24/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s).of Signer who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/alfa subscribed to the within instrument and acknowledged to me that Wshe/thea executed the same in Elis/her/their authorized capacity, and that by his/her/their signatureZ.on the instrument the persons), or the entity upon behalf of which the personN acted, executed the instrument. ALMA KAREN HERNANDEZ Notary Public • California y Orange County Commission 4 2390908 r �•u•o•"�' My Comm. Expires Jan 16, 2026 Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ^_Perfonnance Bond No. 0817718 Document Date: 09/24/2024 Number of Pages: Two 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _Rebecca Haas -Bates _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO Nati onalinsurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY Bond # 0817718 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS -BATES, WILLIAM SYRKIN Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 �\� q 1NSUq''• tr �:........ % �l/ STATE OF NEW JERSEY STATE OF ILLINOIS �'�O� opvOR•as•.,C y pa40R4� County of Essex County of Cook O SEAL r" SE�1�1L r 1904 � LOt �ee� js= a1 a Michael F. Zurcher ••y Zr Executive Vice President, Harco National Insurance Company •�•1't'• and International Fidelity Insurance Company On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ••`.... C'"' IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, ' New Jersey the day and year first above written. NOTARY• �, : �OUBL�C, ^FNEIN Cathy Cruz a Notary Public of New Jersey . My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 Irene Martins, Assistant Secretary SUBDIVISION IMPROVEMENTS Executed in 3 Counterparts Bond No. 0817718 Premium: Included in Performance Bond Tract Map No, 32201 ON-SITE IMPROVEMENTS 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 No. _32201 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 Crestwood Corporation 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 _ __ , 20— and identified as Tract Map No. _32201 , 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 Six Hundred Sixty Two Thousand Two Hundred Twenty Three & 00/100 -- DOLLARS ($ 662,223.00 ), 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. 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. 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 September 24 , 2024 . Crestwood Cor ation Principa i (Seal) S' nature of Principal Z'Z'a —'�" Title of Signatory HARCO National Insurance Company Surety (Seal) Signature of Surety Rebecca Haas -Bates, Attorney -in -Fact Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Address of Surety (714) 602-9170 Phone # of Surety Jonathan Ortiz Contact Person For Surety California All -Purpose Certificate of 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 Los Angeles On September 2 5. 20 24 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Gary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y rH HAYDEE ALVAREZ Notary Public - California A Los Angeles County Commission " 2368693 Y '� �a•"� My Comm. Expires Aug 1, 2025 WITNESS my hand and official seal. of (Seal) OPTIONAL INFORMATION Although 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 description of attached document) (Title or description of attached document continued) Number of Pages Document date (Additional information) Capacity Claimed By The Signer Individual (s) Corporate Officer (Title) Partner(s) El Attorney -in -Fact Trustee(s) El Other: Additional Signer(s) ❑ Signer(s) Thumbprint(s) Other Signer's Name: Signer's Name: CALIFORNIAT • • r OD 't!:�<�:�:�tfc�<!cwt!�.�N.:�t�s�:!-.�:�t!�.{•.�t!:�:!�.>.�c{:�:fs�Ni�t�:�:!:�:!:�t!T��<.: C!:t:::<!=�<�:: �t!Wc%-.icy-.�<�:.:�:�<!�:!RC.. .{..�:{-�<!:�•.-Y.t�:<2. 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 Califomia } County of Orange } On 09/24/2024 before me, _Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s),of Signerr* who proved to me on the basis of satisfactory evidence to be the persons) whose name* is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Fits/her/thair authorized capacity i�, and that by his/her/their signature?4on the instrument the person(a� 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. F;E>,or�tiff ALMA KAREN HER^lANDEa Notary Public - California r ' Orange County Signature Z `1 Commission ; 2390908 Comm. Expires Jan 16, 2026 Signature of Notary Public Place Notary Seal Above ---- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _Labor & Material Bond No. 0817718 Document Date: 09/24/2024 Number of Pages: Two (2)- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO National Insurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY Bond# 0817718 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS -BATES, WILLIAM SYRKIN Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 ,,,,,,,, 1NSIlq s� �a 4 i On this 31 st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies: that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. PINY . IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, C) .••• --•'R -,, New Jersey the day and year first above written. •NOTARY - IOU 9TFOp NEIN JCathy Cruz a Notary Public of New Jersey ` My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 Irene Martins, Assistant Secretary \�`y O�OR9l SEAL STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook CM V"iz r 1904 O lN� JE Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31 st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies: that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. PINY . IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, C) .••• --•'R -,, New Jersey the day and year first above written. •NOTARY - IOU 9TFOp NEIN JCathy Cruz a Notary Public of New Jersey ` My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 Irene Martins, Assistant Secretary Executed in 3 Counterparts Bond No. 0817717 Premium: $3,618.00 'Premium is for a term of two (2) years SUBDIVISION IMPROVEMENTS then annually renewable' Tract Map No. 32201 OFF-SITE IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 32201 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Crestwood Corporation hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 20 , and identified as Tract Map No. 32201 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and HARCO National Insurance Company , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of One Hundred Ninety Eight Thousand Three Hundred Fifty Six & 00/100— DOLLARS ($_198,356.00 ) 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 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. In witness whereof, this instrument has been duly executed by the principal and surety above named, on _September 24 2024 Crestwood Principal _ (Seal) Sig'hature of Principal f I itle of Signatory HARCO Natinnal InSurance Company Surety (Seal) Signature of Surety Rebecca Haas -Bates, Attorney -in -Fant Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Address of Surety (714)602-9170 Phone # of Surety Jonathan Ortiz Contact Person For Surety California All -Purpose Certificate of 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 Los Angeles On September 25, 2024 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c4o HAYDEE ALVAREZ ikNotary Public - California Los Angeles CountyCommission # 2368693 .y Comm. Expires Aug 1, 2025 WITNESS my hand and official seal. Signature of (Seal) OPTIONAL INFORMATION Although the information below is not required by law, it may prove valuable to persons relyfng on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document date itional informatio Capacity Claimed By The Signer El Individual (s) Corporate Officer (Title) LlPartner(s) Attorney -in -Fact ElTrustee(s) El Other: ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) Other Signer's Name: Signer's Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 O raixe } On 09/24/2024 before me, _Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Ba t es NameKof SignerW who proved to me on the basis of satisfactory evidence to be the persons} whose name(q is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in itis/her/tt%V authorized capacity(ibs), and that by hic/her/treir signaturej8}on the instrument the person(* or the entity upon behalf of which the personN 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. ALMA KAREN HERNANDEZ Notary Public • Californla Orange County Signature j Commisslon y 2390908 Signature of Notary Public Comm, Expires Jan 16, 2026 r Place Notary Seal Above --- ----- OPTIONAL '— Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _Performance Bond No. 0817717 Number of Pages: _Two 2 - Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: _Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO National Insurance Company Document Date: 09/24/2024 Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY Bond # 0817717 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS -BATES, WILLIAM SYRKIN Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 ,•,,,•,I q '• TY INS �'�a STATE OF NEW JERSEY STATE OF ILLINOIS \0��° vOR�!p O V�SEAL 4�'� County of Essex County of Cook EA y r 1904 Michael F. Zurcher l�h f •.•� . Executive Vice President, Harco National Insurance Company �''''��•"••• and International Fidelity Insurance Company On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "NY C" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, GA�" New Jersey the day and year first above written. \OTA1 U'�'• OUBL\G ,•'•� l OF NEIN ,,• Cathy Cruz a Notary Public of New Jersey ""• My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 Irene Martins, Assistant Secretary SUBDIVISION IMPROVEMENTS Executed in 3 Counterparts Bond No. 0817717 Premium: Included in Performance Bond Tract Map No. 32201 OFF-SITE IMPROVEMENTS LABOR AND MATERIAL BOND THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 32201 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 Crestwood Corporation 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 _February 22 , 2016 , and identified as Tract Map No. _32201 , 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 one Hundred Ninety Eight Thousand Three Hundred Fifty Six 8 00/100— DOLLARS ($198,356.00 ), 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. 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 underTitle 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. 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 _September 24 , 2024 . (Seal) Crestwood Principal of Signatory HARCO National Insurance Company Surety Signature . Rebecca Haas -Bates, Attorney -in -Fact Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Address of Surety (714) 602-9170 Phone # of Surety Jonathan Ortiz Contact Person For Surety California All -Purpose Certificate of 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 Los Angeles On _ September 25, 2024 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s whose names 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 erson 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. *my HAYDEE ALVAREZNotary Public - California Los Angeles County Commission # 2368693 Comm. Expires Aug 1, 2025 WITNESS my hand and official seal. Public (Seal) OPTIONAL INFORMATION Although 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 description of attached document) (Title or description of attached document continued) Number of Pages Document date itional Capacity Claimed By The Signer 71 Individual (s) F1Corporate Officer (Title) F1Partner(s) F7Attorney -in -Fact Trustee(s) a Other: El Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ Other Signer's Name: Signer's Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ':�t�t �:�:!�t�:!rt�t ': �:!:�.r::r{�t!:v!i�.{�:!:�tf-.�a:�t : -�t{.:�t!t�t!��t!Rt.. c - -::� �tr^t.�t!�t•'sv:.�t Ct.�t s�< ,tet �..:�.ct!:�:{:Ct/at!:�.. 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 Califomia ) County of O ange ) On •09/24/2024 _ before me, .Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameMof Signer;'* who proved to me on the basis of satisfactory evidence to be the personps) whose name(* is/are subscribed to the within instrument and acknowledged to me that Wshe/thea executed the same in ilis/her/thair authorized capacity(ii*, and that by hieWherAt*ir signaturett on the instrument the person(*, or the entity upon behalf of which the personN 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. o , AURA KAREN HERNANOEZ eL Notary Public CaiANDEa Orange County = Commission ; 2390908 Signature My Comm. Expires Jan 16, 2026 Signature of Notary Public Place Notary Seal Above__ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _Labor & Material Bond No. 0817717 Document Date: 09/24/2024 Number of Pages: Two 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO National Insurance Company Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationatNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY Bond# 0817717 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, INC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS -BATES, WILLIAM SYRKIN Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 it/ ,1��.�,A"Su, ••'•. X'%l/ STATE OF NEW JERSEY STATE OF ILLINOIS ,rOpPpRq�': �y pp40R4� County of Essex County of Cook ' K� tt SEAL Seri = g 1904 � :��6• lE Michael F. Zurcher '•, 1••'�' Executive Vice President, Harco National Insurance Company , t and International Fidelity Insurance Company On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. NY C IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, c''••pV'. 'RGA`'• New Jersey the day and year first above written. �OTAiQ1- •.. Nom: "IJB0G.; cb4F eaq7G, NEIN �'�•`` Cathy Cruz a Notary Public of New Jersey ""• `'" My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 Irene Martins, Assistant Secretary Executed in 3 Counterparts FAITHFUL PERFORMANCE BOND Bond No. 0817719 (LQMC 6.16) Premium: $182.00 'Premium is for a term of two (2) years then annually renewable' Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize Crestwood Corporation , 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 _Tract 32201 Dust Control PM -10 ; and WHEREAS, all such construction and demolition activities must be performed in such manneras to conformwith La Quinta Municipal Code, Chapter 6.16, entitled Fugitive DustContro/to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # PWPI_-2024-0048 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 HARCO National Insurance Companyas Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Ten Thousand & 00/100--------------- Dollars ($10.000.00 ) 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 orassigns, shall in all things stand to and abide by, andwell andtruly 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 specifiedtherefore, 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 or addition 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 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 T Drive/C heck I ists - Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit #_PWPL-2024-0048 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 24 , 2024 Crestwood Cgrporation Principal (Seal) Si�ature of Principal /. Title of Signatory HARCO National Insurance Company Surety (Seal) _ to ►C.� "^ = Signature of Surety Rebecca Haas -Bates, Attorney -in -Fact Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim CA 92806 Address of Surety (714) 602-9170 Phone # of Surety Jonathan Ortiz Contact Person for Surety T Drive/Checklists -- Forms & Applications/Standard Dust Control Bond Form California All -Purpose Certificate of 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 Los Angeles On September 25, 2024 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson s whose names 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 signatures) 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. HAYDEE ALVAREZ Notary Public • California Ziff Los Angeles County Commission X 2368693 1_b:w--,_`My Comm, Expires Aug 1, 2025 r +o WITNESS my hand and official seal. Signature of (Seal) OPTIONAL INFORMATION Although the information below is not required by law, it may prove valuable to persons reko on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document date ditional informa Capacity Claimed By The Signer El Individual (s) El Corporate Officer (Title) ElPartner(s) El Attorney -in -Fact El Trustee(s) El Other: ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ Other Signer's Name: Signer's Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE IMI:W!NC.:\< t�.\<l^..2.iTt\t!i\t!i\t!".1\<.:\<ri^.t!\✓.YW. Wt!'.\<!: t!il<�T<: \<!:\i.:\t! �«t. \t�T<r :\< t!:�t.:\<!i\<!'T<�\<.:\Y\</\ti\'.i\<.S�<. 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 Oran.x } On _09/24/2024 _ before me, .Alma Karen Hemandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(5).of Signer(* who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/afe subscribed to the within instrument and acknowledged to me that Wshe/thea executed the same in Ris/her/their authorized capacity(br.), and that by hie/her/their signaturet*on the instrument the person(* 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. ALMA KAREN HERNANDEZ Notary Public -California = =' Orange County Signature } ` Commission 9 2390908 a•�'' My Comm. Expires Jan 16, 2026 Signature of Notary Public Place Notary Seal Above -- OPTIONAL -- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Perfonnance Bond No. 0817719 Document Date: 09/24 2024 Number of Pages: Two (2).- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO National Insurance Company Signer's Name: ❑ Corporate Officer — Title(s) -- ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :�?:�._Ci\�:S\�::\_!�r\'!i\rig.\•_':4\V,:\e!:\�:��.\✓�.\•'!�.\G!:\�:L.4\'✓.' �'/,:\S:\•�:\_/.�✓.�i\✓.:<✓:\r!:iri :\,/i��:/:-YS{�J ✓:\'�:�; \ :\%4✓i.<J, l: POWER OF ATTORNEY Bond# 0817719 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS -BATES, WILLIAM SYRKIN Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 ,o'� 1N31/q '• i �G ' 0�0R4� Ca SEAL j° r" STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook V_ �1904 JE l�ff' Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. P• ' Y „" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, �H C,pGNew Jersey the day and year first above written. �oTARr 40 ",""OF ' Cathy Cruz a Notary Public of New Jersey "',""OF NO My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 24, 2024 A01115 -err_ Irene Martins, Assistant Secretary CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: October 15, 2024 STAFF REPORT AGENDA TITLr : APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 32201, A RESIDENTIAL DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF AVENUE 60 AND MADISON STREET RECOMMENDATION Approve Assignment and Assumption Agreements and Amendment to Subdivision Improvement Agreements for Tract Map No. 32201, and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY • SC Homes Fund, LLC has sold its interest in this tract to a new developer, Crestwood Corporation (Crestwood) and desires to assign the subdivision improvement obligations to Crestwood. • Crestwood requests approval of Assignment and Assumption Agreements and Amendment to Subdivision Improvement Agreements (Agreements) for Tract Map No. 32201. FISCAL IMPACT There is no fiscal impact to the City. Crestwood has submitted replacement securities to guarantee construction of the improvements. 3ACKGROUND/ANALYSIS Tract Map No. 32201 is a residential development located at the northwest corner of Avenue 60 and Madison Street (Attachment 1). In February 2016, SC Homes Fund, LLC entered into Subdivision Improvement Agreements for Tract Map No. 32201. SC Homes Fund, LLC has sold its interest in this tract to Crestwood. The City will release SC Homes Fund's securities upon executing the Agreements (Attachment 2). 113 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Assignment and Assumption Agreements and Amendment to Subdivision Improvement Agreements for Tract No. 32201 114 ATTACHMENT 1 TRACT MAP NO. 32201 PROJECT Si" TRACT 322C VICINITY MAP NOT TO SCALE 115