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ORl6LNAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie Ross, Director
Subject:
Resolution approving Final \1ap lor
Tentative Tract Map 1\0, 16757
located on the southeast corner of
Rialto and Meridian Avenues,
Dept: Development Services
Date: November 27,2006
File No.: TR No. 16757
MCC Date: December 18, 2006
Synopsis of Previons Council Action:
On August 2, 2004, the Mayor and Common Council approved Tentative Tract Map No. 16757
and Development Permit (Type III) No. 03-52 and adopted a Mitigated Negative Declaration and
Mitigation Monitoring/Reporting Plan.
Recommended motion:
Adopt resolution.
YJiJNJJ{;.R~
Valerie Ross
Contact person: Lynn Parker, Sr. Civil Engineer
Ex!. 5110
Phone:
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 3
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. J ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Subiect:
Resolution approving Final Map for Tentative Tract Map No. 16757 located on the southeast
comer of Rialto and Meridian Avenues.
Backl!round:
On August 2, 2004, the Mayor and Common Council approved Tentative Tract No. 16757 and
DP III 03-52 to subdivide approximately 9.15 acres into a condominium subdivision. The project
consists of 54 detached single-family residences.
The approvals by the Planning Commission and the Mayor and Common Council were for a
one-lot condominium. For reasons of obtaining construction financing, it was necessary to
develop in phases. The map presented for approval has five numbered lots and nine lettered lots.
The lettered lots are for common usage such as streets, park sites, and driveways. The residences
are all on numbered lots that are created only for construction financing purposes and will all be
owned in common by the Home Owners Association and not separately salable. The individual
salable ownerships will be' airspaces defined in the condominium plan. Although the map is not
strictly a one-lot condominium, the project has not changed from that approved by the Planning
Commission and Mayor and Common Council. The tract map is in substantial conformance
with the approved tentative tract map.
All conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
Attachment:
"Location Map"
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PROJECT: TIM NO. 16757
DPIII NO. 0-52
DCA NO. 03-05
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
HEARING DATE: 5/4/04
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INTER OFF!CE MEM<,:iRANOU~1
OFFICE OF THE eIT\" ATTCRNEY
CITY OF SAN BERhiARDINO
TO:
Mayor and Councilmembers
FROM:
Henry Empeiio, Jr., Senior Deputy City Attorney
RE:
Agenda Item No. 12, December 18, 2006 Council Meeting. Resolution
approving the Final Map for Tract Map No. 16757,Iocated on the southeast
comer of Meridian and Rialto Avenues.
DATE:
December IS, 2006
cc:
James F. Penman, City Attorney
Fred Wilson, City Manager
Valerie Ross, Director of Development Services
ANR Homes, the developer of the above-referenced 54 detached single family home
condominium project has submitted three subdivision improvement bonds, for $1,722,000 in total,
which guarantee the developer's completion of the public improvements (streets, sidewalks, curb,
gutter, and storm drains, etc.) shown on the approved plans. The surety for these bonds is
Western Insurance Company, which has a Best's Rating of"A-" and a Financial Size Category of
"V." Section 19.30.230(2) of the Development Code requires that the surety have a Best's Rating
of "A" and a financial rating of at least "V." We recommend that the Mayor and Council adopt
the Resolution approving the Final Map and accept the bonds as submitted by ANR Homes. There
is no practical difference between an "A" and "A-" rated surety as Best's describes both ratings as
"Excellent" and "Secure" in the surety's financial strength and ability to meet its obligations. In
addition, the City's engineers in Development Services have confirmed that ANR Homes has
already completed over 60"10 of the public improvements which these bonds would cover.
Recently the City of San Diego, after losing a trial court case involving bonds for public
works projects, revised its surety rating requirements. In order to avoid future litigation, we
recommend that in addition to approving this agenda item, that the Mayor and Council refer this
matter to the Legislative Review Committee to initiate a Development Code Amendment regarding
surety bonds for consideration by the Planning Commission and the Mayor and Council.
~~
Henry Empeiio, Jr.
Senior Deputy City Attorney
F:\EMPENOIAgenda I......1Agenda No. 12 - memo to Mayor and Council.wpd
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RESOLUTION NO.
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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-I, 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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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
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10 located on the southeast comer of Meridian and Rialto Avenues in the RU-l, Residential Urban
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SECTION 1. The,Mayor and Common Council find that proposed Tract Map No. 16757,
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
16 LLC #1, attached and incorporated herein as Exhibit A, for the improvements in said Tract Map
17 as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision
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Map Act. The time for performance is as specified in the Agreement. Said improvements are
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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
23 Bernardino hereby accepts as public property all dedications within the subdivision as shown on
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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-l, 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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8 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
9 The City Clerk shall certify approval and acceptance of the Mayor and Common Council
10 as set forth in this Resolution.
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
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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
2 F SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
3 6757, LOCATED ON THE SOUTHEAST CORNER OF MERIDIAN AND RlALTO
VENUES IN THE RU-l, RESIDENTIAL URBAN LAND USE DISTRICT,
4 CCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
UTHORlZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 HE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
PECIFIED.
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7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 ommon Council of the City of San Bernardino at a
meeting thereof,
9 eld on the
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day of
, 2006, by the following vote, to wit:
ouncil Members:
AYES
NAYS ABSTAIN ABSENT
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C CAMMACK
City Clerk
The foregoing resolution is hereby approved this day of , 2006.
Patrick J. Morris, Mayor
City of San Bernardino
26 AMES F. PENMAN,
27 ity Attorney
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Exhibit "A"
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 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
ihap (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 pnor 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
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 (andlor 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 oftice, 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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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 bv 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 bv Citv. 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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work is in preparation.
10. Contract Securitv. 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%) of the 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 (1) 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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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
carn er.
(a) Worker's Compensation Insurance/Emplover'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 Liabilitv 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,
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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:
(I) 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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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" form
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 (I) 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 Iniury - 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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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/legal 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 of the 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. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer 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 II 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
SubdividerlDeveloper 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 SubdividerlDeveloper'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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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 by Suretv or City. 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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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 "0" 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.
II
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney,
CITY OF SAN BERNARDINO
By:
Patrick 1. Morris, Mayor
City of San Bernardino
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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 partnership, it must 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 lee" t1 A-6{(.c::-..,. )
On this (;. -1-1,' day of !)C L'Er!1":?"E/C- ,2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
116US TJA.:2 0vL/f?/:C z..
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and () L. -t.-/Z(-)~ ,](>2J::>A "-' personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
:-;!-clLr::. TtJ v-Y of the corporation that executed the within instrument, and
know to me to be the persons 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.
"
(This area for official seal.)
- - - - - - - - - - - - f
MONICA I. LOl'EZ
~@.. C~# 1558120
J" Notary PImlk: - California l
. Loo Ang8IeI COUnty d
MvConm. ExpIreI Mar 11.
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BOND NO BDS30455
$ 24,600 premium is for
,term of two , 2) year,s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL. MEN BY THESE PRESENTS:
Tha' we Merldian-RleUo 1, LLC
Dnd We~tern Insurance Company
laws of the Stale of Nevada
DS Surety, are held ond firmly bound unto
, as Principal.
, D corporation organized and doing business under and by virtue of the
and duly licensed 10 conduct a general surety business in the SUlle ofCulifomiu
City of San Bernardino, Development Services Department
300 North -0" Street, San Bernardino, CA 92418-0001
as Obligee. in lhe sum 01 Nine Hundred Eighty Four Thousand and 00/100's
($ 984,OOO.00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors. jointly and severally finnly by Ihese presents.
TllE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing ofLhe nnnl subdivision mop of (Tract/Parcel) Map No 16757 .
entered into an agreement or agreements with snid Obligee to complete the improvements specined in
said agreement or agreements
NOW THEREFORE, the condilion oflhis obllgnLion is such, thaL lithe above Principnl shall well and truly perform said ngreement
or agreements during the original tenn thereof or of any exlension of snid term that may be gronted by the Obligee with or without
notice to tlte Surety. this obligation shull be void, otherwise it shall remain in full force and efTect.
IN WITNESS WHEREOF, the seal and signalure of said Princip,l ;s hereto affixed ,nd the corporate seal and the nnme olthe said
SureLy is hereto nffixed ,nd allesled by ilS duly aathorized Allomey-in-Fact at P. O. Box 21030, R..nn. NV 89515
this
22nd
day of
August
2006
YEAR
"PRINCIPAL"
"SURETY"
"~~&~
Western Insurance Company
BY: M~M:llr
p
,. Allorney-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.
(
WITt-!ESS my hand\nd official seal.
~
. --
Signature --.- ')
-
J - - - - - - - - - - - -
" D. B. THOMPSON
_ . Commission # 1472917 ~
~ .. Nolory PubUc . California ~
. Los Angeles County --
r My Comm. Expires Feb 27. 20011 ~
(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.
1"'I""""""""""""""Lee~;~"aCH~~;N'a'ERG"""~'!
i. Notary PoLj:c . State of Nevada i
~, .' ~;PPUi~:'~:~1 ??:'~r1~d in Washoe COUnty ~
! .. ~,(j:OI-,,,)'oIoJ'2'cx;)I(esAuguSI21,2009 !
........"".."...""""",..." ,'"""..".,'. ,-_.,..,."_,.J,,,.,,.......,,.,,,,.....~
,y L
' i! [', ,\ / I "
\ ~\l! 1- ~ '-.J
Notary Publicj
(" t! IL.
~c~l;)--.-
(Seal)
My commission expires
Auaust 21.2009
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
304629
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 Reno, 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. Mello
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 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 corporate seal, duly
attested by the signatures of its President and Secretary, this 5TH day of February, 1994.
wnRN INSURAN~E CO NY
d'ihdd1'; ~
President
(S~edJ By &rL Lf :i<#~
17 Secretary
88: .~
) ~O~~
On this 5TH day of FEBRUARY, 1994, before me personally c""n\4 R~~^,\\1\t of the WESTERN INSURANCE COMPANY and CAROL
B. INGAW, Secretary of said Company, with both of whom I :'~~;~n~~~ b:"i~g by m!;: rally duly sworn, said, that they, the said DICK
L. ROITMAN and CAROL B. INGALLS were respectively the and the ~ ~ the said SURANCE COMPANY, the corporation described
in and which executed the foregoing Power of Att~~ ~ ey each ~Jl'e ;;;. of sai<l:i._ on; that the seal affIXed to said Power of Attorney was
such corporate seal, that it was so affIXed by order om. fIoard of' .1Ol..d col'JlO(l!~'), Yd th~hey signed their names thereto by like order as President
and Secretary, respectively, of the Company. . "'~ ..,.~.~. '; ~l" I \
My CommiSSion expires the 16TH day In ~ElIr; 1 ~ '..
. dol" O'\J I'()"''',h~ G~.,,,- \ \. I.
. '" NarARY PUBLIC
"It.."
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 bonds, undertakings, contracts and other instroments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(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 Attorney(s}in-Fact for purposes only of executing and attesting bonds and unde~
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 shan be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorney(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 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 Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
August, 2006 ~ ;' <. ILl "I
.. ./,./,.~ (/ , ,
'Y/.."c. /. ., ,', v / ,
~ ~ ~. ~~~re:~" ~
(Signed) By
STATE OF NEVADA)
RENO
22nd
day
of
BD ED (2.94)
ORJGlt..JA
BOND NO BDS30455
PREMIUM INCWDED
IN PERFORMANCE BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MA TERJAL BOND
KNOW AL.L. MEN BY THESE PRESENTS:
That we, Merldlan.Rlalto I, LLC
nnd Western Insurance l,;ompany
laws aflhe Slate or Nevada
as Surety. are held and finnly bound unto
. as Principal,
. 0 corpomtion organized and doing business under and by virtue of the
and duly licensed to conduct it genernl surety business in lhe Stale of Cnlifornia
City of San Bernardino, Deveiopment Services Department
300 North "0" Slreet, San Bernardino, CA 92418-0001
as Obligee, in the sum of Four Hundred Ninety-Two Thousand and OOIlOO's
($ 4l::J4!.,UUU.UU ) Dollars. for which payment.
well and truly to be mode, we bind ourselves, our heirs, executors !lnd successors, jointly and severally finnly by these presents
THE CONDITION OF THE OBl.IGATION IS SUCH THAT:
WHEREAS, the above named Principal, hos entered into an agreement or agreements which 3rc made a purl oflhis bond. with the
City of San Bernardino, Development Services Department
as Obligee for the improvements in the
subdivision design.ted ns (Tracl/Parcel) Mnp No 16757
by the Government Code of Calif om in
. as required
NOW THEREFORE. the condition of this obligation is such. that if the above Principal fails to make payment to any contractor.
his subcontractors, or to persons renting equipment or furnishing labor ilnd materials to them for the improvement required by said
agreement or agreements. the Surety on this bond will pay the some, in an amount not exceeding the sum specified in this bond
This bond is executed and filed to comply with Seclion 66499 through and including Seclion 66499.10 of the Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. NOlice of ex lens ion of time for completion is waived
by Ihe Surely
IN WITNESS WHEREOF. lhe seal and signalure of said Principal is hereto affixed nnd the corporate seal and the name of the said
Surely is herelo affixed nlld nllested by its duly authorized AlIomey-in.Fncl al P . O. Box 21030. Reno. NV 8951:>
this
22nd
dny of
August
2006
YEAA
"PRINCIPAL"
"SURE TY"
Meridian-Rlallo 1, LLC
Western Insurance Company U
BY: U a
Melissa C. Mello ' AlIorn.y-in-Fact
h~--
ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 2B. 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
" 0.8. THOMPSON
- .. Commlsalon" 1472917
~ ..'" Notary Public . CCIlIIomIa
. Los Angeles Counlv
Mv Comm. Expires Feb 27, 2001
WITNESS my hand and official seal.
(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.
r....''''',..."..........,''"..",...",."...."....,,,,,.,,,.,,,"''','\1''''''''''''''''1
!.' '.ZeLle SCHULENBERG ;
j . ~c~rl ,:J~lt:'!ic . State of Nevada ~
i, . ",~pC"l'~'l,,'lt K:>;:;or:Jed in Washoe COunty i
; .... I\.);U !-7.:5ti{:.,~. E' ..... !
''''''''''''''''''''''.,."."",., "_" - ,.;(~~',~SA~gUSI21,2009 ~
,.0,.,..,...",,,,,..,,,,,,,;
10 ))>, j'
\ .J... ~'" -, ''---/'
Notary Public
( , ()
.~:,J;ltAY~
------
(Seal)
My commission expires Auaust 21. 2009
WESTERN INSURANCE COMPANY
POWER OF ATI'ORNEY
304630
BDS30455
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the
laws aCthe 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, Bradley A. Pearce, Roger A. Hill. Janice L. Bowman.
R. Scott Rottman, Clavia L. Lehto, Amy J. Simpson, Melissa C. Mello
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 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 corp.orate seal, duly
attested by the signatures of its President and Secretary, this 5TH day of February, 1994.
STATE OF NEVADA)
WESTERN INSURAN~CO NY
dddf; ~
President
(Signed) By ifu~ Lf' l' tJ ..~
7 SecrotaIy
ss: '~
) ~o~~
On this 5TH day of FEBRUARY, 1994, before me per>OnaJIy .._~ Ral'TM1ll1~~t of the WESTERN iNSURANCE COMPANY and CAROL
B. INGAllS, Secretary of said Company, with both of whom I am ~~;n~e(,~ t:ing by m eraUy duly swom, said, that they, the said DICK
L. RCYITMAN and CAROL B. INGAllS were respectively the 'and the~. ~"the said SURANCE COMPANY, the corporation descn'bed
in and which executed the foregoing Power of At~~.. ey each ~j1e seal of sah\.i.~. on; that the seal affixed to said Power of Attomey was
such corporate seal, that it was so affIXed by order Oltlle &ani. of' II~ Said co~~, lld th~eY signed their names thereto by like order as President
and Secretary, respectively, of the Company. , ",'\'. "~~. ' ~~. . I \
My Commission expires the 16TI1 day in ~EIR'; 19 ~ ) I
. ' O\J . (....".. I ""!-;,L" ...\\ .
. ~ '\.~...__ ~.IIt..:JC.."_'Lo.s,_~
.
NarARY PUBUC
. '" ~.~
(Signed) By
RENO
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESl'ERN 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 instnlments
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 Attorney(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 Attomey 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 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 Attomey is in full force and
effect and has not been revoked.
In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
of August, 2006 ;-+ /i
,y/';"c!' /,
22nd
day
BD ED (2-94)
" /
e.-./ ,,/
)RlGIN
MAINTENANCE BOND
BOND NO : BDS30455
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we Merldian-Rialto I, LLC
and Weste'rn Insurance Company
und by virtue of the laws Oflhc State of Nevada
business ill the State of California, as Surety. are held and finnly bound unto
. us Principal,
. a corporation organized and doing business under
and duly licensed to conduct surely
CiLy of San Bernardino, Development Services Department
300 North "D" Street, San Bernardino, CA 92418-0001
as Obligee, in (he sum of Two Hundred Forty Six Thousand and 00/100'5
($ 246,000.00 -) Dollars, for which payment, well and truly Lo be made, we bind ourselves. our heirs. executors
and successors, jointly lInd severally firmly by these presents
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above nllmed Principal entcred into an agreement or agreements with said Obligee to:
Tract No 16757
WHEREAS, said agreement provided that Principn' shnll guarantee replacement and repair of improvements as described
therein for a pctiod of one year foHowing final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss Ihal Obligee may sustain by reason
of ~lIlY defective mntcriuls or workmanship which become apparent during the period of one year rrom and aOer acceptance
afthc said improvemcnts by Obligee, then this obligation shall be void; otherwise to remain in rull force and effect
IN WITNESS WHEREOF, the scal and signature of saiLl Principal is hercto affixed and the corporale seal and the name
aftlle said Surety is hereto affixed and attested by ils duly authorized AUomcy-in-Fact
lhis
22nd
day of
August
2006
YEAR
Meridlan-Rlallo 1, LLC
~
Principill
Weslern Insurance Company
BY: Ji/ (( ~
Melissa C. Mello Attorney-in-Facl
..:;...
-
(One Year Terml
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
~------------f
0.8. THOMPSON
-a'~" Commission # 1472917
i "c-. Notary Public . CaIIIomIa I
. Los Angeles County -
MyComm. Expires Feb27, 2008
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.
f",...."">,'"""........",.,..-_.,,.,.........h.
ie... '. LESLIE SCHUlENBERG.........j
~ - ; No,,')rY"'Utlk; '. :'3tate of Nevada i
~. . ArPl";;m'~,.,[ ~.l':,;V;;,:>d;n Washoe County ~
L....d~,~:"~,,.,,",,~?::.!,::~I~:~,~!3" 2 - '~X_~i;f.S Al!gt;sI21, 2009 ~
,..,,,,....,,5
'r~i'M~~
'j \ i'! / i/1
\ ;.e.a----\j \.....-'-.
Notary Public
(Seal)
My commission expires Auaust 21, 2009
--
WESTERN INSURANCE COMPANY
POWER OF ATI'ORNEY
304631
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 of Nevada, 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
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 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 corp.orate seal, duly
attested by the signatures of its President and Secretary, this 5TH day of February, 1994.
WESrERN INSURAN~CE CO, NY
ddd:l~
President
(S~ed) By Ikrd Lf. l'tJ -~
7 Secretary
~~~
~o
On this 5TH day of FEBRUARY, 1994, before me personaUy ca~'2 R<YITM1~ ~~t of the WESTERN INSURANCE COMPANY and CAROL
B. INGALLS, Secretary of said Company, with both of whom I ~jh. ~~qUain!~~ b;'i~g by m.!: erally duly sworn, said, that they, the said DICK
L. RO'ITMAN and CAROL B. INGALLS were respectively the 'and the~. ~ the said SURANCE COMPANY, the corporation descnOed
in and which executed the foregoing Power of Atto~, ey each ~Jle seal of sai<:ki~ Ion; that the seal afrlxed to said Power of Attorney was
such corporate seal, that it was so affIXed by order ~~ &ard of' 8\)1' S8.id co~, Ud th~hey signed their names thereto by like order as President
and Secretary, respe<:tively, of the Company. . "",,," ...,~ ~ \l.l:",' I \
My Commission expires the 16TH day in ~mr, 19. ~ ) "
~. ..... O\.J I'\(l....".h~ G~~"d\ I
~ NOfARY PUBLIC
(Slsned) By
STATE OF NEVADA)
ss,
RENO
This I\)wer 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-Fa.ct 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 Attorney(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-Fact 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, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 22nd day
of August. 2006 < /i
~., ~,v {:' e~'/ ~I'
retary
BD ED (2-94)