HomeMy WebLinkAboutC-8952-1 - Subdivision Agreement for Final Tract No. 19222SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND NEWPORT CENTER RESIDENCES, LLC
FOR TRACT NO. 19222
THIS AGREEMENT ("Agreement') is entered into this Q) day of September,
2022, by and between the CITY OF NEWPORT BEACH, a municipal corporation and
charter city of the State of California, hereinafter referred to as "CITY," and NEWPORT
CENTER RESIDENCES, LLC, a Delaware limited liability company, hereafter referred to
as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is
seeking to subdivide into lots and to make certain private and public improvements, and
is about to file with CITY a map of the tract of land known as Tract No. 19222 ("Tract');
WHEREAS, as conditions of approval of and prior to the recordation of this
subdivision map for the Tract, SUBDIVIDER is required to complete street (including
street, curb and gutter, sidewalk, drive approach and parkway culvert); water, and sewer
improvements (utilities); and fire access (collectively, "Improvements") as shown on public
improvement plans for Tract No. 19222 dated September , 2022 ("Improvement
Plans"), and to perform certain other improvements in the subdivision; and
WHEREAS, SUBDIVIDER desires to enter into an agreement with CITY to delay
performance of certain portions of the work, to agree to perform this work as herein
provided; and to execute and deliver to CITY bonds for the faithful performance of this
Agreement, for the payment of all labor and material in connection therewith, and for the
guarantee and warranty of the work for a period of one (1) year following completion and
acceptance thereof against any defect in work or labor done, or defective materials
furnished, and subdivision monumentation, as required by Sections 66499 through
66499.10 of the California Government Code and Section 19.36.030 (Improvement
Security (66499 et seq.)) of the Newport Beach Municipal Code.
NOW, THEREFORE, in consideration of the promises and agreements of the
parties as herein set forth, the parties agree as follows:
1. GENERAL IMPROVEMENTS
SUBDIVIDER hereby agrees to do, perform, and pay for all of the work for the
Improvements as shown on the Improvement Plans for said Tract as required by the
conditions of approval of the subdivision map for the Tract ("Map") which are not
completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all
engineering costs and any other deposits, fees, or conditions associated with the Tract
and with the Improvements as required by CITY ordinance or resolution and as may be
required by the City Engineer. All of the work for the Improvements ("Work") shall be
done and performed in accordance with the Improvement Plans, specifications, and
profiles which have been approved by the City Engineer and filed in the office of the City
Engineer. All of the Work shall be done at the sole cost and expense of SUBDIVIDER.
All of the Work shall be completed on or before three (3) years from the date hereof,
unless the conditions of approval of the Map require an earlier completion date. All labor
and material costs and expenses for the Work shall be paid solely by SUBDIVIDER. CITY
may withhold all occupancy permits until completion of the Improvements.
2. STREET, UTILITIES, AND FIRE ACCESS IMPROVEMENTS
SUBDIVIDER agrees to complete any and all street, utilities, and fire access
improvements, including perimeter sidewalks, medians, and landscaping required by the
conditions of approval of the Map, prior to release or connection of utilities for occupancy
for any lot in the Tract.
3. GUARANTEE
SUBDIVIDER shall guarantee all Work and material required to fulfill its obligations
as stated herein for a period of one (1) year following the date of the City Council's
acceptance of same.
4. IMPROVEMENT PLAN WARRANTY
SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which
have been approved by the City Engineer and filed in the office of the City Engineer are
adequate to accomplish the Work as promised herein and as required by the conditions
of approval of the Map. If at any time before the City Council accepts the Work as
complete or during the one (1) year guarantee period in Section 3 hereof, the
Improvement Plans, specifications, and profiles which have been approved by the City
Engineer and filed in the office of the City Engineer prove to be inadequate in any respect,
SUBDIVIDER shall make whatever changes, at its own cost and expense, as are
necessary to accomplish the Work as promised.
5. NO WAIVER BY CITY
Inspection of the Work and/or materials for the Improvements, or approval of
Work and/or materials for the Improvements, or any statement by any officer, agent
or employee of CITY indicating the Work or any part thereof complies with the
requirements of this Agreement, or acceptance of the whole or any part of the Work
and/or materials for the Improvements, or payments therefor, or any combination of all
of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement;
nor shall CITY be stopped from bringing any action for damages arising from
SUBDIVIDER'S failure to comply with any of the terms and conditions hereof.
6. COSTS
SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of
the Work, including inspections thereof and relocation of existing utilities required
thereby.
7. SURVEYS
SUBDIVIDER shall set and establish survey monuments in accordance with
the filed Map and to the satisfaction of CITY before acceptance of any Work by the
CITY.
8. IMPROVEMENT SECURITY
Upon executing this Agreement, SUBDIVIDER shall, pursuant to California
NEWPORT CENTER RESIDENCES, LLC Page 2
Government Code Section 66499, and the Newport Beach Zoning and Subdivision
Ordinance, provide as security to CITY:
PUBLIC WATER, PUBLIC SEWER, PUBLIC STREET, MONUMENTATION,
FIRE ACCESS
A. Performance: For performance security, in the amount of
Eight Hundred Ninety Five Thousand Four Hundred Ninety
Nine Dollars and 95/100 ($895,499.95), which is one hundred
percent (100%) of the estimated cost of the work.
SUBDIVIDER shall present such additional security in the form
of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees performance under this
Agreement and maintenance of the Work for one (1) year after its
completion and acceptance against any defective workmanship or
materials or unsatisfactory performance.
B. For Labor and Material: Security in the amount of Eight
Hundred Ninety Five Thousand Four Hundred Ninety Nine,
Dollars and 95/100 ($895,499.95), which is one hundred
percent (100%) of the estimated cost of the work.
SUBDIVIDER shall present such security in the form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees payment to the
contractor, to its subcontractors, and to persons renting equipment
or furnishing labor or materials for the Improvements or to
SUBDIVIDER.
C. Maintenance: Security in the amount of Eighty Nine
Thousand Five Hundred Forty Nine Dollars and 99/100
($89,549.99), which is ten percent (10%) of the estimated cost
of the work. SUBDIVIDER shall present such security in the
form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER provides a one (1) year guarantee
period on all work and materials. Such Maintenance Bond shall be
released one (1) year after acceptance of all improvements.
SUBDIVIDER may, during the term of this Agreement, substitute improvement
security provided that the substituted security is approved in advance in writing by the
City Attorney; however, any bond or other security given in satisfaction of this condition
NEWPORT CENTER RESIDENCES, LLC Page 3
shall remain in full force and effect until one (1) year after the Improvements are
accepted in writing by CITY. SUBDIVIDER may be required by CITY to provide a
substitute security at any time until one (1) year after the Improvements are accepted
in writing by CITY.
9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS
City and all officers, employees, and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Work or for injury to or death of any person as a result
of SUBDIVIDER's performance of the Work required hereunder; or for damage to
property from any cause arising from the performance of the Work by SUBDIVIDER, or
its subcontractors, or its workers, or anyone employed by either of them.
SUBDIVIDER shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions, or
from any cause arising from SUBDIVIDER's performance of the Work, performance of
the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier
providing materials for the Work on behalf of the SUBDIVIDER.
To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and
hold harmless City, its City Council, boards, committees and commissions, officers,
agents, volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement by or on behalf of SUBDIVIDER, any Work performed for the Improvements
including, without limitation, defects in workmanship or materials or SUBDIVIDER's
presence or activities conducted on the Work (including the negligent and/or willful acts,
errors and/or omissions of SUBDIVIDER, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all Claims regardless of
whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by SUBDIVIDER.
SUBDIVIDER shall perform all Work in a manner to minimize public inconvenience
and possible hazard, to restore other work areas to their original condition and former
usefulness as soon as possible, and to protect public and private property. SUBDIVIDER
shall be liable for any private or public property damaged during the performance of the
Work by SUBDIVIDER or its agents.
NEWPORT CENTER RESIDENCES, LLC Page 4
In addition to the other rights of City hereunder, in the event that any Claims are
brought against the CITY as a result of SUBDIVIDER'S breach of the terms and
conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as
a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it
deems necessary and to the extent authorized by law, may retain any security under
Section 8 of this Agreement until disposition of any such Claims.
The rights and obligations set forth in this Section shall survive the termination of
this Agreement.
10. INSURANCE
Any insurance required by the City pursuant to any permit issued to City
including but not limited to, any encroachment permits, shall be obtained by
SUBDIVIDER.
The requirement for carrying the insurance coverage shall not derogate from
SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in
Section 9 of this Agreement. CITY or its representatives shall at all times have the
right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall
pay, in prompt and timely manner, the premium on all insurance hereinabove required.
11. NONPERFORMANCE AND COSTS
If SUBDIVIDER fails to complete the Work within the time specified in this
Agreement, or any subsequent extensions, if any, or fails to maintain the Work, CITY may
proceed to complete and/or maintain the Work by contract or otherwise, and
SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not
limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon
demand. In such event, the CITY may utilize the security provided under Section 8 to
cover costs and charges incurred by CITY (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) for the Work.
SUBDIVIDER hereby consents to entry on the subdivision property by CITY and
its forces, including subdividers, in the event CITY proceeds to complete and/or maintain
the Work.
Once action is taken by CITY to complete or maintain the Work, in the event that
City does not elect to use the security provided by SUBDIVIDER for the Improvements or
does elect to use such security and such security is insufficient for City to complete or
maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if
SUBDIVIDER subsequently completes the Work.
12. RECORD MAP
In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and
record the final Map for the Tract.
13. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
NEWPORT CENTER RESIDENCES, LLC Page 5
by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by
enclosing the same in a sealed envelope, postage prepaid, and depositing the same in
the United States Postal Service, to the addresses specified below. CITY and
SUBDIVIDER may designate different addresses to which subsequent notices,
certificates or other communications will be sent by notifying the other party via personal
delivery, reputable overnight courier or U.S. certified mail -return receipt requested. -
TO CITY:
City of Newport Beach
Attn: Director of Public Works
100 Civic Center Drive
Newport Beach, CA 92660
TO SUBDIVIDER:
NEWPORT CENTER RESIDENCES, LLC
Attn: Peter Zak
Executive Manager
4901 Birch Street
Newport Beach, CA 92660
14. CONSENT
When CITY'S consent/approval is required under this Agreement, its consent/
approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
15. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
16. CITY APPROVALS
The City Manager of the City of Newport Beach is hereby authorized, on behalf of
the CITY, to sign all documents necessary and appropriate to carry out and implement
this Agreement and to administer the CITY's obligations, responsibilities and duties to be
performed under this Agreement.
17. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit,
describe, or construe the intent of the parties or affect the construction or interpretation
of any provision of this Agreement.
18. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If
any provision of this Agreement is held by an arbitrator or court of competent jurisdiction
to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be
deemed to include the other whenever the context so indicates or requires. Nothing
contained herein shall be construed so as to require the commission of any act contrary
to law, and wherever there is any conflict between any provision contained herein and
any present or future statute, law, ordinance or regulation contrary to which the parties
NEWPORT CENTER RESIDENCES, LLC Page 6
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
19. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
20. IMMIGRATION
SUBDIVIDER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
SUBDIVIDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. SUBDIVIDER understands that
pursuant to Newport Beach City Charter Section 602, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by SUBDIVIDER.
22. NO ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each
party shall bear its own attorney's fees, such that the prevailing party shall not be entitled
to recover its attorney's fees from the nonprevailing party.
23. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement shall so survive.
24. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
25. SIGNATORIES
Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
26. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has had
the opportunity to consult with legal counsel prior to executing this Agreement. The
NEWPORT CENTER RESIDENCES, LLC Page 7
parties also acknowledge and agree that no representations, inducements, promises,
agreements or warranties, oral or otherwise, have been made by that party or anyone
acting on that party's behalf, which are not embodied in this Agreement, and that that
party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement contains the entire agreement between the parties
respecting the subject matter of this Agreement and supersedes all prior understandings
and agreements whether oral or in writing between the parties respecting the subject
matter hereof.
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NEWPORT CENTER RESIDENCES, LLC Page 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATT RN Y'S OFFICE a California rn ipal corporation
Date: 2-2- Date:
By:
r
Aaro C. Harp v oa.L)%:11 /Kevin Mu on
City C7 orney / Mayor
ATTEST: SUBDIVIDER: NEWPORT CENTER
Date: RESIDENCES, LLC, a Delaware limited
liability company
BY: Newport Center Ventures,
LLC, a Delaware limited
liability company, Its Member
By:
Leilani I. Brown �
City Clerk Date:
p11
By:—(;
Peter D. Zak
Manager
Date:�—
in
NEWPORT CENTER RESIDENCES, LLC Page 9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of O( Aw= } ss.
On 20 2-.. before me, 44-t, DOZ nttC
Notary Public, personally appeared P&u 1D. ZaiY, , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. —*my
a HAYLEYDOEHLER
Notary Public - California
Orange County
Commission 4 2311489
Comm, Expires Nov 4, 2023
an re (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ("raab�.- } ss. 1 1�
On la. 20_P-_ before me,
Notary Public, personally appeared i=OYLI J - IP a rr,t�
proved to me on the basis of satisfactory evid4nce 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 signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. _
*my
LEY DOEHLER
WITNE S my hand and official seal. Notary Public - California
Orange County
Commission a 2311489
Comm. Expires Nov 4, 2023
limp
w J
ture (seal)
NEWPORT CENTER RESIDENCES, LLC Page 10
I F I C SUBDIVISION IMPROVEMENTS
-► Surety ' PERFORMANCE BOND
Bond No. 0811853
Initial Premium $ 7,612
Subject to Renewal
4Rco
KNOW ALL MEN BY THESE PRESENTS: That we, Newport Center Residences, LLC as Principal, and
Harco National Insurance Company , a corporation duly authorized under the laws of the State of Illinois
to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Newport Beach
, as Obligee in the full and just sum of Eight hundred ninety five thousand four
hundred ninety nine dollars and ninety five centsD011ars, ($ 895,499.95 ) lawful money of the United States of America, to be paid to the
said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors,
successors, administrators and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, dated , and identified as project
THE RITZ-CARLTON RESIDENCES , is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal. its heirs executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on their
part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As Part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety herby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the agreement or to the work or the specifications.
IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of
the Surety is hereto affixed and attested by its duly authorized Attorney -In Fact this 7th day of September
20 22 Principal
NEWPORT CENTER RESIDENCES, LLC, a Delaware limited liability co
By Its Member:
NEWPORT CENTER VENTURES. LLC, a Delaware limited liability comoany
By: l//
11-3
Michael Barmettler, Authorized Signatory
a o atio In om an
Y
4,�tl",M. Valtier / Attorney -in -Fact
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
OnS,a�f-(- -% 2022, before me, Hayley Doehler, a Notary Public, personally
appeared Y A', k-.r' who proved to nee 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 slie/she/they executed the same in his/her/their
authorized capacitv(ies), and that by his/her/ their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my li n Inc o 1 seal.
Squic ire
(Seal)
*my
HAYLEYDOEHLER
Notary Public - CaliforniaOrange County
Commission n 2311489
Comm. Expires Nov 4, 2D23
POWER OF ATTORNEY Bond# 0811853
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27606
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA
DOWERS, HEATHER M. VALTIER, RAY CHAO
Irvine, CA
their true and lawful aftomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31 st day of December, 2018
V tNSUy ' .,
�O S' STATE OF NEW JERSEY STATE OF ILLINOIS G:• µvorr.'•'f' -
v�SEA� County of Essex / County of Cook ? SEAL In:
19104 o m /f O1904JE
'
Kenneth Chapman �.•`
,t
Executive Vice President, Harco National Insurance Company ••
and International Fidelity Insurance Company
On this 31 st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
.0'1111111,1. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
%-E A New Jersey the day and year first above written.
u°°FaOTAq
oUeUc o J"QSoo?
Q.
.,Fty dERS�.� ShillA.Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 27, 2022
A01718
al� 4�
Irene Martins, Assistant Secretary
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
Orange
On 'V 7/�? 41a12. before me, Megan Elizabeth Graham , Notary Public,
(Here insert name and title of the officer)
personally appeared Heather M. Valtier
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
S my hand and offici
'MEGAN ELIZA— aE7� A
Notary Public - California
Orange Count�60
g
Com��Cny Camn
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
r71 Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or- a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefidly for proper notarial warding and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/grey- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved wwv.TheProLink.conn — Nationwide Notary Service
IFIC
Surety
Nanawtt IttslrtLvrcE Couvaxr
SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND
Bond No. 0811853
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That we, Newport Center Residences, LLC as Principal, and
Harco National Insurance Company duly authorized under the laws of the State of Illinois
to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Newport Beach
as Obligee in the full and just sum of Eight hundred ninety five thousand four hundred ninety nine dollars and ninety five cents
Dollars, ($895,499.955 ) lawful money of the United States of America, for the payment whereof, said
Principal and Surety bind themselves, their heirs, executors, successors, administrators and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT , Whereas, the Principal and Obligee have entered into
an agreement whereby the Principal agrees to install and complete certain designated public improvements, which
agreement, dated , and identified as project THE RITZ-CARLTON RESIDENCES
is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the
work, to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and
all contractors, subcontractors, laborers, materialrnen, and other persons employed in the performance of the
agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in
the sum of Eight hundred ninety five thousand four hundred ninety nine dollars and Dollars ($ 895,499.95 ), f
or materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act
with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by county
(or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of
the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension, alteration, or addition.
Sealed with our seals and dated this 7th
day of September
, 2022
NEWPORT CENTER RESIDENCES, LLC, a Delaware limited liability cc
By Its Member: HarcO National Insurance Company
NEWPORT CENTER VENTURES. LLC. a Delaware limited liability company
rinci I
By: By:
Mic ael Barmettler, Authorized Signatory He er M. Valtier Attorney-•in=aci
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
POINTY OF ORANGE
On SpV 2022, before me, Hayley Doehter, a Notary Public, personally
appeareJ ` ar VLF :�tl-,,r- , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that she/she/they executed the same in his/heritheir
authorized capacity(ies), and that by his/her./their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify unifier PENALTY OF PERJURY Loader the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my ha P (� )tticial seal.
Si ature
(Seal)
sFr� oo rti HAYLEY DOEHLER
Notary Public . Califomia
w
m Orange County
° Commission 9 23�2023
My Comm. Expires N
LZei :IMel aEv"sW. W. I: A
Bond # 0811853
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of [AT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA
DOWERS, HEATHER M. VALTIER, RAY CHAO
Irvine, CA
their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2018 ,,,,•.,
r�uTYlp
\Q Qp SG STATE OF NEW JERSEY STATE OF ILLINOIS 0,4ov,no��• n
rv�SEA�"'m County of Essex / - County of Cook = Z SEAL
r 1904 h U /' O 19,U4JE
Kenneth Chapman ti............. :
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
011t111"1 ,
�`0�`1A 0Gr
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
� `Q� � Fes. Exp. po �,••
New Jersey the day and year first above written.
f
'•,Fly
JE 5�:�```
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 27, 2022
A01718
Irene Martins, Assistant Secretary
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
Orange
On �% o'IDo before me, Megan Elizabeth Graham , Notary Public,
(Here insert name and title of the officer)
personally appeared Heather M. Valtier
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
S mv. hand and
Signature of Not*y Public
MBGAN ELIZABETH GRAHAM
Notary Public • California z
Orange County g
Commission p 2390660
oMy COMM Expire$ Jan 13, 2026
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
blN l?Md 4-y 6'�/� R5 3
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑✓ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefirllvforpropernotarial wording and attach thisform ifrequired.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fors by crossing off incorrect forms (i.e.
he/she/they- is /aee ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment for.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved Riv\v.TheProLlnk.coln - Nationwide Notary Service
IFIC
--t► Surety'
Bond No. 0811853 -M
Premium $ 0.00
SUBDIVISION MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Newport Center Residences, LLC as Principal, and Harco National Insurance Company a corporation
duly organized and by the virtue of the laws of the State of Illinois and authorized to become sole
surety on bonds in the State of California as Surety, are held and firmly bound unto the
City of Newport Beach hereinafter called the Obligee, in the just and
penal sum of Eighty nine thousand five hundred forty nine and ninety ninecentsDollars ($ 89,549.99 ), lawful
money of t he United States of America, to be the payment of which well and truly to be made the Principal
binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the said Principal hereby guarantees against defective workmanship and material for the
following improvements:
THE RITZ-CARLTON RESIDENCES
PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions:
1. This bond is for the term of
the work by the Obligee to expire
One
year(s) from the date of acceptance of
2. In the event of default by the Principal in the performance of the maintenance during the term
of this bond, the Surety shall be liable only for cost of maintenance up to the termination of the term of
this bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained
against the Surety on this instrument unless same be brought or instituted and process served
upon the Surety after the expiration date of the bond.
Signed and sealed this 7th day of September , 2022
NEWPORT CENTER RESIDENCES, LLC, a Delaware limited liability co
By Its Member:
NEWPORT CENTER VENTURES. LLC a Delaware limited liability company
Pr' ipal
By:
Michael Barmettler, Authorized Signatory
cc Nati pal Insurance Company
By: —�
H at er M. Valtler / Attorney -in -Fact
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
Oil `7 , 2022, before me, Ha}ley Doehler, a Notary Public, personally
appeared IC�nf,Jt \ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the with.itl
instrument and acknowledged to me that slie/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS Inv hand a1 official seal.
Sit7,lla' re
o. HAYLEY DOEHLER
Notary Public - California
orange County
=V ° Commission # 2311489
2023
My Comm. Expires Nov 4,
POWER OF ATTORNEY Bond # 0811853-M
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA
DOWERS, HEATHER M. VALTIER, RAY CHAO
Irvine, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer, and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2018
TYtp ti;��tr+sigq
k\4 Qp `rG� STATE OF NEW JERSEY STATE OF ILLINOIS �0:,���voaq;yt,�
County of Essex County of Cook c SEAL SE,AL�
.ac,'
1904
JE a� Kenneth Chapman S * y
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
E• A: 0�A%;
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
,•` t�v%
New Jersey the day and year first above written.
'. 0: 500799{o �c Q
' F W OE�S
Shirelle A. Outley a Notary Public of New Jersey
�,�
'" I F 1110%
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 27, 2022
A01718
al, �urw-
Irene Martins, Assistant Secretary
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
Orange
On q17 aaaa before me, Megan Elizabeth Graham Notary Public
(Here insert name and title of the officer)
personally appeared Heather M. Valtier
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
MEGAN ELIZABETH GRAHAM
Notary Public - California
Granpe County
Commission N 239066.
FITNESS qfy hand and offs se 1. My COMM- F-1—Jan 13 2a26
� � P #
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑� Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or- a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. ht such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefirllyfor proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/sheAhey, is /aee ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
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