HomeMy WebLinkAbout2006-434
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RESOLUTION NO. 2006-434
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16757,
LOCATED ON THE SOUTHEAST CORNER OF MERIDIAN AND RIALTO AVENUES
IN THE RU-1, RESIDENTIAL URBAN LAND USE DISTRICT, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 16757,
located on the southeast comer of Meridian and Rialto Avenues in the RU-l, Residential Urban
land use district, together with the provisions for their design and improvement, is consistent
with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
City to execute the standard form Subdivision Improvement Agreement with Meridian Rialto
LLC #1, attached and incorporated herein as Exhibit A, for the improvements in said Tract Map
as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision
Map Act. The time for performance is as specified in the Agreement. Said improvements are
specifically described and shown on Drawings approved and on file in the office of Development
Services of the City of San Bernardino.
SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16757,
LOCATED ON THE SOUTHEAST CORNER OF MERIDIAN AND RIAL TO AVENUES
4 IN THE RU-1, RESIDENTIAL URBAN LAND USE DISTRICT, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
5 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
6 IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
The City Clerk shall certify approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
it within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
3 6757, LOCATED ON THE SOUTHEAST CORNER OF MERIDIAN AND RIALTO
VENUES IN THE RU-I, RESIDENTIAL URBAN LAND USE DISTRICT,
4 CCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
UTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 HE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
6 PECIFIED.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a joint regular
meeting thereof,
18th
day of December
, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
----X..-
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x
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C CAMMACK
x
~~.IJ~
City Clerk
The foregoing resolution is hereby approved this ~T# day of ;:Oceb'>7.6'~ 2006.
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25 pproved as to form:
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AMES F. PENMAN,
ity Attorney
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2006-434
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered' into as of this 18th day of
December, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Meridian Rialto LLC #1 hereinafter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16757; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
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2006-434
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
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2006-434
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
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2006-434
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) oflhe total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
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2006-434
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Employer's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
2006-434
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
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2006-434
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" [oml
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor( s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel, slander,
criminal conversation, malicious prosecution, false imprisonment or
mental suffering.
12.
Evidence of Insurance.
Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
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2006-434
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/Iegal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees ofthe City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. SubdividerlDeveloper
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the SubdividerlDeveloper even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph I I hereof.
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(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
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2006-434
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement Performance bv Suretv or Citv. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
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2006-434
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Meridian Rialto LLC # 1
10702 Hathaway Drive Unit #1,
Santa Fe Springs, CA 90670
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Inland Surety
4371 Latham Street, Suite 201
Riverside, CA 92501
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~~ ,~---6. ~
City rk
CITY OF SAN BERNARDINO
By:
Approved as to form:
By: k1l~
U
SUBDIVIDER:
BY.~~ ~~
/U'sJciu1+-
^~
By:
;; ,y"p
~ SECQ..f7AfLy
JAMES F. PENMAN,
City Attorney,
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider"is a partnerS'hift,.itHlilust be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF {OS t! 1JbtLfS )
On this h -M day of !)fC(;:fJ16~ ,2006, before me, the undersigned, a
Notary Public in and for sai? Coun~d State/ personally appeared
A6u5T1N );:::.OZ:::{Z},6UC2..
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and g~OJ1.-6f J 062- D .,(l to personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
5?CIZG TIJ, fL'fr: of the corporation that executed the within instrument, and
know to me to be the p rsons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
N~r:;" ~/-Av;y
(This area for official seal.)
r----~~----I
~ ~~L~120
I -., P\lbIIC - c_
1.01 AngeIeI CounIy
Ml'Comm. Mar 11.
______.r:-'"__~
13
BOND NO BDS30455
$ 24,600 premium is for
a tenn of two ( 2) year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we Meridian-RlaUo 1, LLC
and We~tern Insurance Company
laws of the Stale of Nevada
as Surety, afC held Bnd Iinnly bound unto
CUy of San Bernardino, Development Services Department
, as Principal,
, a corporation organized and doing business under and by virtue of the
ilnd duly licensed 10 conduct a general surety business in the SlElle of Calif om in
300 North "D" Slreet, San Bernardino, CA 92418-0001
as Obligee, in (he sum or Nine Hundred Eighty Four Thousand and 00/100's
($ 984,000.00 ) Dollurs, for which payment,
well and truly to be mruie, we bind ourselves. our heirs, executors and successors, jointly and severally finnly by these presents
THE CONDITION OF THE OBUGA110N IS SUClllJ-1AT:
WHEREAS, the above named Principal. as a condition of lhe filing of the finol subdivision mop o("(TracllParcel) Map No 16757 ,
entered into 8n agreelnent or agreements wiLh said Obligee to complete the improvements specified in
said agreement or agreements
NOW THEREFORE, the condition or this obligation is such, thol if Ihe above Principal shall welt and truly perform said agreement
or agreements during the original tenn thereof ar of ilny extension of said term thllt may be granled by the Obligee with or without
notice to the Surely, this obligation shol~ be void, otherwise it shall remain in full force and eIrect
IN WITNESS WHEREOF, the seal and signature of said Principal is herelo affixed and lhe corporale senl and lhe narne of Ihe suid
Surety is horolo affixed and altesled by ils duly authorized Altomey-ill-Facl at P.O. Box 21030. Rp.no. NV 89515
this
22nd
day of
August
2006
YEAR
"PRINCIPAL"
"SURETY'.
-~7<:~
Western Insurance Company
BY: M~M:l1r
u
, Allomey-in.Fact
ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 28, 2006 before me
,
0.8. Thompson, Notary Public
(here insert name and title of the officer)
personally appeared
George A. Jordan
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.
,
~---._.-._-------
~ D. B. THOMPSON
_ _. Commission" 1472917 ~
i ,-. Notary Public . Callfomla ~
. Los Angeles County -
r MyComm. Expires Feb27. 200SJ
WIT~~_~~~cial seal.
signa~r~ ~~~ ~~~ ~
(Seal)
State of
Nevada
County of
Washoe
On
Auaust 22nd, 2006
Melissa C. Mello
Personally appeared before me,
X who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
to be the signer of the above instrument, and he/she acknowledged that he/she
signed it.
~,..".."''''''''''''''''u'''''''"..,,'''' ""..".",..,""".,...."',,......".........1
i.... '.cELle "ChULENBERG i
~ ~ NOt3iv P\;l_';C . State of Nevada ~
~ .' -.'~;;~u;"'r'_r::-",;~{ji'1iJ~ir!Wa$hO(lCounty i
L",,,,,.~~,,:..,,, .,. ,,:,;r;:~, 1 ,-,'..' :.~~:'? .. f ':~j.~~,s ~UfJ~,~,I},~:,~~.J
/
\i_,j0.^~"
;
.1.. '.
Notary Public
(Seal)
My commission expires Auaust 21, 2009
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
3'll ~'\O
'" \<4"1':: 7
BDS30455
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing underlhe
laws of the State of Nevada and having its principal office at the City of Reno. in the State of Nevada, does hereby constitute and appoint
Dick L. Rottman. Bradky A. Pearce. Roger A. Hill, Janice L. Bowman.
R. Scott Rottman. Clovia L. Lehto. Amy J. Simpson. Melissa C. Mello
of the City of RENO, Slate of NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its
name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on
behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing the guaranteeing
bonds and undertakings required or pennitted in any actions or proceedings allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corp.orate seal, duly
attested by the signatures ofils President and Secretary, this 5TH day of February, 1994.
STATE OF NEVADA)
WESI'ERN INSURAN~E CO NY
ad~ ~
President
(Signed) By &d Lf' Il} -~
7 Secretary
~1Il",)l-
~o
On this 5TH day of FEBRUARY, 1994, before me personally c~? RaITMAl'!i~)\1t of the WESTERN INSURANCE COMPANY and CAROL
B. INGALLS, Secretary of said Company, with both of whom I a ~11 ~~quai"!-e,~ b:"i~g by m~ eraIly duly sworn, said, that they, the said DICK
L. RUITMAN and CAROL B. INGALLS were respectively the and the~. ~ the said SURANCE COMPANY, the corporation described
in and which executed the foregoing Power of AW.?~ 1! hey each ~jIe seal of sai~i.~ on; that the seal affixed to said Power of Attorney was
such corporate seal, th. at it was so afflxed by order o~e board. of' ~~ W.'d co~~"), Yd th~hey signed their names thereto by like order as President
and Secretary, respectively, of the Company. . '"~. '''~~~ \\-~. I \
My CommISSion expires the 16TH day in ~DR'; 19 . ~) J
. O"\j. I '\
. ; " I\,f~~~ ~tt,~ ,,,,- \ I
. "", NOfARY PlJBLIC
. .u..~
(Signed) By
SS:
RENO
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE
COMPANY on February 4, 1994: '
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney
issued in accordance with these resolutions. Said Power{s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf
of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature
of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile
to any Power of Attorney or to any certiflcate relating thereto appointing Attomey(s).in-Fact for purposes only of executing and attesting bonds and undertakings
and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
such facsimile signature and facsimile seal shaIl be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and ail bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company.
I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution
of the said Company as adopted by its Board of Directors on February 4, 1994 and that this Resolution is in full force and effect.
I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and
effect and has not been revoked.
In Thstimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
August, 2006 /1;' <_;' ,,!
/ ~/ . /.., /. . ,
I ./1""/-;-:r-e .L-.'- ...:.../ !,,"".,-: e./',./
v 'cretary
22nd
day
of
BD ED (2-94)
BOND NO BOS30455
PREMIUM INCl UOEO
IN PERFORMANCE BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERlAL BOND
KNOW All MEN BY THESE PRESENTS:
ThaI we, Merldlan-Rlalto 1, LLC
and Western Insurance L,;ompany
laws orthe Stale of Nevada
as Surely, are held and firmly bound unto
. ns Principal,
. a corporo.tioll organized and doing business ullderand by virtue of the
and duly licensed to conduct a genernl surety business in the Slate of California
City of San Bernardino, Development Services Department
300 North "D" Slreet, San Bernardino, CA 92418-0001
as Obligee, in the sum of Four Hundred Ninely-Two Thousand and 00/100's
($ 4~L,UUU_UU ) Dollars, for which payment.
well ,and truly to be mHde, we bind ourselves, our heirs, executors Ilnd successors, jointly and severally firmly by these presents
THE CONDiTION OF THE OBLIGATION IS SUCH THAT:
WI-IEREAS, the above named Principal, has entered into an agreement or agreements which are made a purl or this bond, with lhe
City of San Bernardino, Development Services Department
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No 16757
by the Governmenl Code of California.
,as required
NOW THEREFORE.lhe condition of this obligation is such, that if the above Principal fails to make payment to any contrnctor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreemenl or agreements, lhe Surety on Ihis bond will pay the same, in an amount not eXI.:eetling the sum specified in this bond
This bond is executed and filed to comply with Section 66499 through and including Seclion 66499.10 of the Government Code
of California as improvement security, and shall inure 10 the benefit of any Dnd aU contractors, their subcontractors and persons
renting equipment or furnishing lahor or malerials 10 them for the improvement. Notice of extension of lime for completion is waived
by the Surety
IN WITNESS WHEREOF, the seal and signature 01 said Principal is hereto affixed and the corporate seal and the name of the snid
Surety is hereto affixed and attested by ils duly authorized Attomey-ln"Fact at P. O. Box 21030, Reno, NV 8951;;
this
22nd
dny of
August
2006
VEM
"PRINCIPAL"
"SURE.TY"
Meridian-Rialtol, LLC
Western Insurance Company
I~~
BY:
Mel
ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 28, 2006 before me,
0.8. Thompson, Notary Public
(here insert name and title of the officer)
personally appeared
George A. Jordan
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,?nd official seal.
s;g",Iu"~___
J......----------......
D. 8. THOMPSON
_@"commloslon#1472917 F
~ . -.: Notory Public - CafllornIa ~
i' Los Angeles COI.nty f
_ _ _ ~:O,:m:..~_Fe~2~2~
(Seal)
State of
Nevada
County of
Washoe
On
AUQust 22nd. 2006
Melissa C. Mello
Personally appeared before me,
X who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
to be the signer of the above instrument, and he/she acknowledged that he/she
signed it.
f"'''...''........" ,-,. "",:,~::"..., '," ..,~.".." _ "_"_n ."-....,,_'.
! ~ _,,' ..c" v':"_ "Uil), LENBERG i
i~ ,"c,ar!'.:":C-SlateofNevada 1
I"..,',.., ..::' :~_. ;'.,.,. . t..,.~G~:~..~' ,~:',::::.~ ":~~::~;~~:~; ,~~~~e2 ~~~~ I
.....",,,,,,,,,,,..,,;
~
1 / l I ,J.
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.:, " \... ~t?'
Notary Public
(Seal)
My commission expires AUQust 21, 2009
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
,HhG30
BDS30455
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the
laws of the State of Nevada and having its principal office at the City of Rena, in the State ofNcvada, does hereby constitute and appoint
Dick L Rottman, Bradley A. Pearce. Roger A. Hill, Janice L. Bowman,
R. Scott Rottman, Clavia L. Lehto, Amy J. Simpson, Melissa C. Mello
afthe City of RENO, State of NEVADA its true and lawful Anomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its
name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on
behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing the guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly
attested by the signatures ofilS President and Secretary, this 5TH day of February, 1994.
WESTERN INSURAN~E CO NY
&dd1; ~
President
(Signed) By tlu~ Lf' .' () -~
7 Secretary
:-.~".~
~o
On this 5TH day of FEBRUARY, 1994, before me personally c~'2 RaITMAIi1~~t of the WESTERN INSURANCE COMPANY and CAROL
B. INGALLS, Secretary of said Company, with both of whom~am ~lt ~~quain!et.~ b1i~g by m~ verally duly sworn, said, that they, the said DICK
L. ROTI'MAN and CAROL B.INGALLS were respectively the . . 'and the ~~ ~ the said SURANCE COMPANY, the corporation described
in and which executed the foregoing Power of Atto~ ~ hey each ~j1e seal of saic:l,:i~ Ion; that the seal afflXed to said Power of Attorney was
such corporate seal, that it was so affIXed by order Jttt~~ fioard. O.f' .,,-\ll' Said cO~~).J Yd t~~he~ signed their names thereto by like order as President
and Secretary, respectively, of the Company. .. ~~ .......~ ~ ~~. j "'-
My Commission expires the 16TH day in ~mr, 1 ~ .I I
.~. I
. ~", 0 r\,~ _~ "---'::tt\~!''- \ \. '
. ~~ NarARY PUBUC
. 'In..
(Signed) By
STATE OF NEVADA)
ss:
RENO
This I\Jwer of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE
COMPANY on February 4, 1994:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney
issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf
of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature
of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile
to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings
and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s}-in-Fa.ct shall have the power and authority, unless subsequently revoked and, in any case, subject to the tenns and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and aU bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company.
I, CAROL B. INGALlS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution
of the said Company as adopted by its Board of Directors on February 4, 1994 and that this Resolution is in full force and effect.
I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and
effect and has not been revoked.
In Thstimony Whereof, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 22nd day
of August, 2006 /7;, ....," /ij/i. f
/, -? /.C_ (,
///_;"!'C-,<, ..,
BD ED (2-94)
retary
MAINTENANCE BOND
BOND NO : BDS30455
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Meridian-Riallo I, LLC
and Western Insurance Company
and by virtue arthe laws orthe Stale of Nevada
business in the State ofCalHomia, as Surely. are held and firmly bound unto
, as Principal,
. a corporation organized and doing business under
and duly licensed to conduct surely
City of San Bernardino, Development Services Department
300 North "D" Slreet, San Bernardino, CA 92416-000 I
as Obligee, in the sum of Two Hundred Forty Six Thousand and 00/100'5-------------------------------
($ 246,000 00 ) Dollars. for which payment, well and truly 10 be made, we bind ourselves. our heirs. executors
and successors, jointly and sevcmlly firmly by these presenls
T1-IE CONDITION OF THE OBLIGATION IS SUCI-I THAT:
WHEREAS, the above named Principal entered into an agreement or agreements wilh said Obligee to:
Tracl No 16757
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for <1 pel iod of one year following final acceptance of said improvements;
NOW, THEREFORE, illhe above Principal shall indemnify the Obligee for all loss Ihal Obligee may sustain by reason
of rmy defective malCI ials or workmanship which become apparent during the period of one year Hom and Unet acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise La remain in full force and effect
IN WITNESS WI-IEREOF, Ihe seal and signalure 01 said Principal is herelo affixed and lhe corporale seal and Ihe name
oflhe said Surety is hereto affixed and aUested by its duly authorlzcdAttomcy-in-Fact
this
22nd
day of
August
2006
YEAR
~
Principii!
Weslern Insurance Company
BY: ~ ((H
Melissa c. Mello At1omcy-in-f;lc!
Meridian-Rlallo 1, LLC
:;--
-
(One Year Term)
ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 28, 2006 before me,
0.8. Thompson, Notary Public
(here insert name and title of the officer)
personally appeared
George A. Jordan
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.
Signature
~....--------_.-._-
D. B. THOMPSON
_@-oocommlsslon"1472917 J
~ .,.. Notary Public. CatIlomIo ~
. Los Angeles COU'lty
MyComm. ExpiesFeb27, 200B
WITNESS my hand an
(Seal)
State of
Nevada
County of
Washoe
On
Auaust 22nd. 2006
Melissa C. Mello
Personally appeared before me,
X who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
to be the signer of the above instrument, and he/she acknowledged that he/she
signed it.
.".;,~~, "",0,<, ''', ";'"U,LENBEflO"j
." . i'\0',J,~1 ,,' r~ ., ~
~ . - ".' ~ . ..,late .Jf Nevada :
;~...,.,,,._,,... -.', :
.. ..;.' . ~ ;".' _,' '''' .. ''; ,~ ',l1aShJ8 CoUrtly !
"......""",:... "\,1,': ',c. ,,-,;;?, '~~:':.,,'fii .1~T_:SI2t. 2009 ~
\ "', l< \
Notary Public
I
',\ i l
;(
i'!'\~~
~.
(Seal)
My commission expires Auaust 21, 2009
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
30i.631
BDS30455
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the
laws oflhe State of Nevada and having its principal office at the City of Rena, in the State of Nevada, does hereby constitute and appoint
Dick L. Rottman, Bradley A Pearce, Roger A. Hill, Janice L Bowman.
R. Scott Rottman, Clovia L Lehto, Amy J. Simpson, Melissa C. MeJlo
of the City of RENO, State of NEVADA its true and lawful Attomey(s)-in~Fact, each in their separate capacity if more than one is named above, to sign its
name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on
behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the perfonnance of contracts; and executing the guaranteeing
bonds and undertakings required or pennitted in any actions or proceedings allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corp.orate seal, duly
attested by the signatures of its President and Secretary, this 5TH day of February, 1994.
WESTERN lNSURAN~E CO NY
die#; ~
Prtsident
(Signed) By &~Lf L'j -~
7 Secretary
..(~~
) 0""'.
C, Y . ..\)
On this 5TH day of FEBRUARY, 1994, before me personally c~t. RaITM1l'f ~JMnt of the WESTERN INSURANCE COMPANY and CAROL
B. INGALLS, Secretary of said Company, with both of whom~a ~~ ~~~uain~e(,~~ b;i~ by mt veraUy duly sworn, said, that they, the said DICK
L. RCTITMAN and CAROL B. lNGAUS were respectively the and the~"*, ~ the said SURANCE COMPANY, the corporation described
in and which executed the foregoing Power of Atto~ ~ h~y each ~itle seal of sai on; that the seal affixed to said Power of Attorney was
such corporate seal, that it was so afflXed by order ~).e board of' .!&\)l Said co~~)., d th~hey signed their names thereto by like order as President
and Secretary, respectively, of the Company. .... 1\..~ .........~. ~ \\.~' . I \
My Commission expires the 16TH day in ~mr; 19 _ ~ ; I
8; ~,' o\S '\.G..__"..h~ G~~ ,'- \ \. i
-- "'" NarARY PUBLIC
. Itl...
(Signed) By
STATE OF NEVADA)
SS:
RENO
of
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE
COMPANY on February 4, 1994:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, aU bond~ undertakings, contracts and other instnJ.ments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney
issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf
of the Company, either by the Chainnan, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature
of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affIXed by facsimUe
to any Power of Attorney or to any certificate relating thereto appointing Attomey(s}-in-Fact for purposes only of executing and attesting bonds and undertakings
and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey{s}-in-F.lct shall have the power and authority, unless subsequently revoked and, in any case, subject to the tenns and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and
undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s}-in-Fact shall be as binding upon the
Company as If signed by an Executive Officer and sealed and attested to by the Secretary of the Company.
I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution
of the said Company as adopted by its Board of Directors on February 4, 1994 and that this Resolution is In full force and effect.
I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and
effect and has not been revoked.
In Thstimony Whereof, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
August, 2006 '1 .' __, Ii
_ o. '/____~_ /_ - /,c,_- /1. " ,I
., e-.: / I" r. 1:./ "'.,/
22nd
day
BD ED (2-94)
v' retary