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HomeMy WebLinkAboutPolice Evidence BldgPerformance Bond CONTRACTOR: L.H. Tanner Construction Corporation 2300 Avocado Ave. Bond No. 453881 Executed in 2 Counterpart(s) SURETY: (I\'dn , kg d fldbrf ✓ed pn apo/plwr of b✓rinrcr) Developers Surety and Indemnity Company PO Box 19725 Melbourne, FL 32935 Phone: (321) 259-8099 Irvine, CA 92623-9725 OWNER: Phone: (949) 263-3300 (A\ ,, kgdfldl✓f and dddn'fff 1 •15.:1.L._.._.._. City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: April 26, 2017 Amnunu ($ 345,281.64 Phone: (772) 589-5330 Dmcriprion: 17-06 Police Evidence Building, Sebastian, FL 32958 (Name dnd Aw ion) BOND Datc: May 2, 2017 (No! ranYerlbun Conflmdion Cowwei Ddh) legal consequences. Consultation with an attorney Is encouraged with msPcct to its completion or m)di6carion. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. This document combines two separate bonds, a Ptxformance Bond and a Payment Bond, into one firm.11L4 is not a single combined Performance and Amount: ($ 345,281.64 ) , Ij :kii6czfio F to this Bond: X None Sec Section 16 TONTRAC•I'Olt AS PRINCIPAL SURETY . - (C mpany. c (Corp wfe J'rd4 Company- (C'arporolr SrdQ. • y , 1 Developers Surety and Indemnity Company - am- n o 0 ora to �r St'"aturr: _ Signature: NAS �..ctw e"Cn f'�'TGyt'tCy J Name Gloria A. Richards _ _ - an and Titic: Attorney -in -Fact and FL Lic. Resident Agent (Aq)' d"Viid Jigd of dppe r on lbr 40/" lbif 1,e0 mdmr 80nd.) Inquiries: (407) 786-7770 (1,OR G\'1.ORI L477ON O:\'LY— Name, dddrrff dnd lekplimr) AGENT or BROKER: OWNER'S REPRESENTATIVE: Florida Surety Bonds, Inc. (Anhital, EnginrrorolberpaM.q 620 N. Wymore Road, Suite 200 Maitland, FL 32751 (407) 786-7770 3120170026385 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3023 PG: 875 Page 1 of 8 5/9/2017 3:19 PM By arrangement with the American Institute of Architects, the National Association of Surely Bond producers (NASBP) (www.nasbo.om makes this form document available to its members, a8ilialm and associates in t Microsoft Word format for use in the regular course of surely business. NASBP vouches that the original text of this document 00171161ttls exactly to the tact in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion execution or acceptance. S 17he Contractor and Surety, jointly and severally, bind themselves, their heirs, c;eecutom administrators, successors and assigns to the (Tuner for the performance of the Construction Contract, which is incorpomterd herein by reference. § 2 If the Contractor perfonnx the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as Provided in Section 3. § 3 If there is no Owner Default under the C nsrruetkn Contract, the Surety's obligation under this Il nd shall arise after .l the (honer first provides notice to the Contractor and the Surety that the (honer is considering declaring a Contractor Default. Such notice shall indicate whether the Chvncr is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. I f the Owner does nor request a conftrcnee, the Surety may, within five (5) business days after receipt of the Oaner % notice, request such a conference. If the Surety timely mqumrs: a confcrenec, the Owncr shall attend. Unless the (hvncr agrees otherwise, any conference requested under this Section 3.1 shag be held within ten (110 business days of the Surety's receipt of the Ownces notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently ro declare a Contractor Default; .2 the (Tuner dcclan-N a Contractor Default, terminates the Construction Contract and notifies the Surety, and .3 the (hvncr has agreed to pay the Balance of the Contmct Price in accordance with the terms of the Construction Contract ut the Surety or to a contractor selected ro perform the Construction Contract. § 4 Failure on the parr of the (honer to comply with the notice requirement in Section 3.1 shall not constitute a failure u) comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety dcmonsrmtcs actual prejudice. § 5 %Vhcn the (hvncr has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's cxpensc take fine of the following actions: § 5.1.1mnge for the Contractor, with the consent of the Owner, to perform and complete the Construction Conrmet; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated pmposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Cnstrucrion Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with petforrruncte and payment bonds executed by a qualified suucn' equivalent to the bonds issued on the Gmsrruction Contract, and pay to the Owner the amount of damages As described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default, or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circUmxtanCCa: .l After investigation, determine the amount for which it may be liable to the (Tuna and, as soon as practicable after the amount is determined, make payru nt to the Owner; or .2 Deny liability in whole or in parr and notify the Owner, citing the masons for denial. § 6 If the Surety docs not pmeced as provided in Section 5 with reasonable promprruns, the Surety shall be deemed to lc in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Suren' proceeds As provided in Section 5.4, and the (hvncr refuses the payment or the Surety has denied liability, in whole or in par, without further notice the Owner shall le entitled to enforce Any remedy available to the Owner. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbo.oral makes this form document available to its members, affliates, and associates in r Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the tact in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its tomPletiort, execution or acceptance. S 7 1 f the Surety ducts to act under Scetien 5.1, 5.2 er 5.3, then the responsibilities of the Surety n) the Owner shall nut be greater than those of the Omtractor under the Cunstrucrion Contract, and the responsibilities of the Owner to the Surety shall nut be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, fix .1 the rcxponsibilitim of the Contractor for mrrcction of defective work and eomplcdon of the Construction Contract, .2 additional legal, design professional and delay ctxts resulting hurn the Cnntraetnrk Default, and resulting fmm the actions or failure to act of the Surety under 4crion 5; and 3 liquidated damages, or if no liquidated damages arc specified in the Construction Gnrcaet, actual damages caused by delayed Performance or non-performance of the Contractor. § 8 If the Surety clexts to act under Scctitn 5.1, 53 or 5.4, the Surety's liability is limited to the artvmnt of this Bund. § 9'Ihe Surety shall not be liable to the Owner or others for Obligations Of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bund to any perste or entity other than the Owner or its heirs, exceutnrs, administrators, successors and assigns. § 101he Surety hereby waives notice of any change, including changes of time, to the Construction Contract nr to related sufxxmtracrs, purchase urdew and Other Obligations. § 11.\m• prOcceding, legal or Lyuitable, under this Bond may be instituted in any curt of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within tvo years after a d claration of Contractor Default or within two years after the Contractor ceased working nr within nun years after the Surety refuses or fails to pedorn its nbligatioms under this Bund, whichever necun first. I f the provisions of thin Paragraph arc void or prohibited by law', the minimum period of limimtion aadablc to sureties as a defense in the jurisdiction of the suit shad be applicable. § 12 Nntiec to the Sure"'. the Owner Or the Conmicmr shall be maded or delivered to the address shown on the page nn which their signature appears. § 13 \C'hen this Bond has been furnished to comply with a statutory or other legal requirement in the IOcatian where the: construction was n) be performed, any pruvision in this Bond conflicting with said statutory or legal requirement shad be deemed deleted hercfrom and prmisinns confirming to such staturory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be ennstrued as a statutory bind and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Ctntmct(,r under the Construction Contract after all pn)per adju`tmcnts have leen made, including allowance to the Omtractor of any amounts received or to be received by the Owner in settlement of insurance orother claims for damages to which the Omrraetor is entitled, reduced by ala valid and proper payments made to or nn behalf of the Contractor under the Construction Contract. § 142 Construction Contract. The agreement between the (honer and Contracror identified on the cover page, including all Contract DO umcnrs and changes made to the agreernenr and the Contract Dneumcros. § 143 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or Otherwise t) comply with a material term of the Crmstruetion Contract. § 14.4 Owmcr Dcfault. Failure of the Owner, which has not been remedied or waived, to) pay the Contractor as required under the Gmstruetion f entract or to perform and eumplere or comply with the other material terms of the fbnatruction Contract. § 14.5 Contract Documents.:\II the documents that comprise the agreement between the Owner and Contractor § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Brad shad be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. BY arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.rrasbo.om) makes this form document available to its members, affiliates, and associates in r Microsoft Wad fomtat for use in the regular course of surety business. NASBP vouches that the original text of this document oonforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its warding and consultation with an attorney are encouraged before its compledorn execution or acceptance. S 16 Modifications to this bond arc as follows; (l�w,r ir),rorrdrd &/om%r�ddi/iano/n,'eno/anf of oddcd parr rr, o//irr t[un lbon ppeanng on I/n roere�uga) CONTRACTOR AS PRINCIPAL SURETY (bmpanI (Corpowled'm/) CompanF (CorporulrSad) . , turc: — Name and T itle: .lddress: Signature: Name and Title: Address; By arrangement with 111e American Institute of Architects. the National Association of Surety Bond producers (NASBP) (www.nasbo.orF makes this form document available to its members, a161iates. and associates in x Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. Payment Bond CONTRACTOR: (Nam". legal ilaw anti adder) L.H. Tanner Construction Corporation 2300 Avocado Ave. Melbourne, FL 32935 OWNER: Ph: (321) 259-8099 (NOne, iCQO� r/q!l/.r Ord nddlT.r!� City of Sebastian 1225 Main Street Sebastian, FL 32958 Ph: (772)589-5330 CONSTRUCTION CONTRACT Datc: April 26, 2017 :lnunmt: (g 345,281.64 Executed In 2 Counterpart(s) Bond No. 453881 SURETY: leg it slalus and pimirnl plaw Vii% bmi,-!q Developers Surety and Indemnity Company PO Box 19725 Irvine, CA 92623-9725 Ph: (949)263-3300 Description: 17-06 Police Evidence Building, Sebastian, FL 32958 (Nawe and Ammon) BOND Dare: May 2, 2017 N.)/ earlier Man CmynvImilian Owls; 11)de) Ron<I: None x Svc Section 18 PRINCIPAL IvraiiM1bnr '`uC21g," b and '[irle: (.'Igyndr/ilianuri,;7nl/i y This document has important legal canscqucnces. Consultation wit h :m :m Dena is cncourtt ed with respcci io its cumplction or modification. Any singular n•ference to Contraoor, Sun•n•, (honer or Other Party shall be considered Plural mhcrc applicable. 'Phis duconicnt cumbina neo scPararc bands, a Pcrfi.rnxmcc (fond and a I'm wn; Bond, illi,) mle fnrnt'I'his is ani a sintdc combined Perlircm:mce and SURETY (6n1wideSeal) Cumpum: Develors Sure and Pe ty ��✓ Name Gloria A. Richards ; • , _ ° and'1'ide: Attorney -in -Fact and FL Lic. Resident 8gent �IN,r ejf INY Pq)nen/ Buurl.) (407) 786-7770 ev, n u,n dv OUR /.\'I-DRIVl'/'/UN t I:\7..1'—:Nome w1dirr,, nndWepGnnc) AGENT or BROKER: OWNER'S REPRESENTATIVE: (.�ln'(u/e,2 Fai�inrer ao/GerrulT:J FL Surety Bonds, Inc. 620 N. Wymore Road, Suite 200 Maitland, FL 32751 (407) 786-7770 By arruteement with the American Institute of Amhitec:ts. the National Association oI Sun:ty Bond Producers -5 (NASBP) (ccww.nasbn.ore) makes this fon,) document available to its members. alliliates. and associates in t Nlicnsoll Word lbrinat for use in the regular course Of surety business. NASBP vouches that the original text of this document coni'ornu exactly to the text in AIA Document A31'_-'_010, Perl'onnance Bond and Pavmon Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its �o'ording and consultation with:m atlomey am ettcOurged before ns completion, execution ortcceptance. S I Tla Contraeto r and Surety, jointly and severally, bind thenwelvcs, their heirs, exec Lit adminisuatn•., successors and assitims to the O%%nec to paw fur labor, materials and equipment furnished fur use in the performance of the Constriction Contract, which is incorporated herein by reference, subject to the following owing terms. § 21 f the Contractor promptly makes payment of all sum% clue to Claimants, and defends, indemnifies and holds harmless the Owner from claims, denandS, liens or suits by any person or entity seeking payment for labor, material% nr etluipnhent furnished for use in the performance of the Cnnstntctirnh Contract, then the Surery ;rad the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the COnStrUCtiOn (.antrtet, the Surcty's obliPlion To the Owner under this Bund shall arise after the Owner has prompts notified the Contractor and the Surely (at the address described in Section 1 3) of claims, demands, liens or suits aii;ainst the (Amer or the Chyner'S propert' by am person or entity seeking payment for labor, materials or equipment furnished for use in the per4n'nh1Incc of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 \\lien the O%ncr has satisfied the conditions in Secrion 3, the Surety shall promptl)' and at Tile Surety's expense defend, indeannif%• and hold harmless the O%%ner against a duly tendered claim, demand, lien nr suit. § 5'llhe Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Clainvtnts, who do not have ;t direct contract with the Contractor, .1 have furnished it written notice of non-payment n; the Contractor , w sluing with subseial aecutracy the amount claimed and the nanhe• of the parte to %yhom the materials %ycre, or equipmenr %vas, . furnished or supplied or for \%honk the lahor %vas done or performed, %vithin ninety (90) days :dyer haying last performed labor or last Cumished materials or ccluipmcnt included in the Claim; ;and .2 have sent it Claim no thdSur•tr (at the address described in Section 13). § 5.2 Claimants, who are employed In ur have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 11' n notice of non-payment required by Section 5. 1.1 is given by the O%yner to the Contractor, that is suffieiem to satisfy a Claimant', obligation To furnish a %vritien notice of non-p;r'mcnt under Section 5. 1. 1. § 7 When a Clainhant has satisfied the conditions of Sections 5.1 or 51, whichever isapplicable, the Surety shall prmnpd.y and at the urery's expense mkt• the fi ilm%ing actions: § 7ASend atn answer ro the claimant. %%;th a copy to t he (Avner, within sixt• (6t I) days after receipt of the Claim, stating the amounts that arc undisputed and the basis for challcnginG any amounts that arc disputed; and § 7.213ar or arrange fix payment of any undispurcd anhnunts. § 7.3'I'hc Surctr's failure to discharpre its obligations under Section 7.1 or Section 7.2 shall not he dCCmeel TO constitute a waiver (if defenses the Surraor Cont actor mnv hove ur aaluirc as to;I (111111, except ;IS to undispurcd amounts forwhich the Surety and Claimant hart rcachcd ngneenum. If, however, the surCO. hula to discharge its oblivattions under Section 7.1 or Section 7?, tile Surer shall indemnih the Claimant for the reasonable anorney's fees the Claimant incurs thereafter to recover any SLIMS found to be due and o%%•ing to the (aainwnt. § 8'111c Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fccs provided under Section Z3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts awed by the Owner it) the Contractor under the CunSrrlCtian Contract shall be used for the pet'fiam:wee• of rile Construction Contract and la satisfy taint', if any, under any construction perfornhaner bond. Be the Contractor furnishing and Thr ( )anrr accepiigG INS Bond, the% agree that all f imds earned br the Contr;etnr in the per6rrnumce of the Construction Contract arc• dedicated to satisfy ob14alions of the Contractor and Survey under [his Bond, Suhjrct to the ( )wner's priority to use the funds for the completion of the work. By arrangement with the American Institute of Amhitects, the National Association of Surety Bond pes roduc6 (NASBP) (wNyw.nasbt.nr_) makes this lbnn document available to its members. affiliates. and associates in t NlicrosoB Word lomat for use in the regular course ofsureiv business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010. Performance Bond and Payment Bond. Subsequent modifications Tnny be made to the original text of this document by users, so careful rev'10% of its %%ording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 16.4 Owner Default. r'ailure of the Owner, which his not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comph• with the other nmtetial teems of the Construction Contract. § 16.5 Contract Documents. all the documents that comprise the agreement between the Uwner and Connector. § 17 1 f this Bond is issued for an atnc•enaent between a Contractor and subcontractor, the term Contractor in this Bond shill be deemed to be Subcontractor and the term Owner shall be deemed to be Conu•acna•. § 18 Modifications to this bond are is follows: THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. (S)h/& is pwridrrl nf/xr dune /Garr rr/p/rr dn,,, an /Gr nrr er��ej CONTRACTOR AS PRINCIPAL, SURETY Compania (Cmwnv/r .S?n/) (.:ompanc: ((.inpnrt/r.Srrr) Signature: _ Name and Title Address: Signature. Name :md'I'itle: Address: By arrangement with the American Institute of Architects. the National Association of Surety Bond Producers 8 (NASBP) (www.nasbp.om makes this form document :mailable to its nacnalaers, alliliatcs. and associates in Microsoft Word ibnnat for use in the regular course of surety busi=c . NASBP vouches that the original test of this document conlbmas exactly to the test in AIA Document A_ 12-2010. Performance Bond and Payment Bond. Subsequent niotlif ications may be made to the original test of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2633300 KNOW ALL BY THESE PRESENTS [hat except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "'Kim E. Niv, Patricia L. Slaughter, Leslie M. Donahue, Jeffrey W. Reich, Susan L. Reich, Teresa L. Durham, Don Bramlage, Gloria A. Richards, Lisa Roseland, Cheryl Foley, jointly or severally"' as Thar true and IawfulAtiomey(s)-in-Fad, to make, execute, deliver and acknowledge, for and on behalf d said corporations, as sureties, bonds, undertakings and contacts of mretyshipgMng and granting unto said Atiorney(s) in -Fad full power and authority to do and to perform every ad necessary, requisite a proper to be done In connection therewith as each of said corporations mu!d do, but reserving to each of sad corporations full power of subsllartion and revocation, and all of the acts of said Attomey(s)4n-Fad, pursuant to these presents, am hereby raged and confirmed. This Power of Attorney is granted ands signed by facsimile under and by authority of the fo!imdng resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tat 2008. RESOLVED, that a combination of any two of the Chairman of the Board, The President. Executive Vice -President Senior Vice-president or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the ettomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cera ficate mlatlng thereto by facsimile, and any such Power of Attorney or oeNficate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, underraiiing or contract of suretyship to wh!ch it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. �-�yp ,,NO By: Gam' ,,• 1v ANO bye •, OtAPANYO C• Daniel You Senior Vioe-President Z* -S �tI PP�q Young, . 9 V64 y � x�•1 rV0 9J`� 9G B( 1936 Y .,�4FeW:p ` i C9l IF PSP Mark Lansdon, Vice -President .,,290•^*••'1,�•,• o 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 varmdl of that document Slate of California County of Orange On February 6. 2017 before me, Lucille Raymond Notary Public Dae idmolmann mend Me weeOPW personally appeared Daniel Young and Made Lansdon tvaneld as6,ulq LUCILLE RAYMOND Commission R 2081818 Notary Public - California Orange County M Comm. Alta Oct 13.20118t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subsatbed to the within Instrument and acknowledged to me that helsheMey executed the some in histheritheir authorized capadly(ies), and that by hislherythelr signalura(s) on the Instrument the person(s), or the endty upon behalf of which the person(s) acted, executed the instmmenl. I cedify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is We and correct. WITNESS my hand and official seal. Place Notary Seal Above Signaturey arra Ludt mct, tory Public CERTIFICATE The undersigned, as Secretary aAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby oerdly that the foregoing Power of Attorney remains in full tome and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set IoM In the Power of Attorney am In face as of tiro date of fids Certificate.. - /� This Certificate ic exeaded In the City of Irvine, California, this 2nd day of May 2017. tv ANO y�•., oMPaHY o� LJI7r.ti ,,��•�~pv4p�� � c PPoq T c 1936 Cass Byie J. Irisford, Assistant SeVtary i$t F g wo tse7 �'•:�4.raaAi:'it y o44 Nr 4, 9g �......• � .,` FOP � ATS -1002 (02/17) ,,, o ,v t• n.nm