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Home My WebLink AboutSR - CFD-2005-1 - Release SecuritiesI K\ CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Release Securities for Wall and Street Improvements and Accept Maintenance Bonds for CFD-2005-1 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Palm Desert Funding Company, LP 3 San Joaquin Plaza, Suite 215 Newport Beach, CA 92660 Bond No.: Granite Construction Company Travelers Casualty and Surety Company 104604191 Parsam Construction, Inc. North American Specialty Insurance Company 2064857 DATE: May 8, 2008 CONTENTS: Vicinity Map Bond Number 08837639 Bond Number 2064857 Recommendation: By Minute Motion, authorize the City Clerk to release securities for street and wall construction of CFD-2005-1 and accept maintenance bonds. Discussion: Granite Construction Company was awarded the bid to construct street improvements within CFD-2005-1. At the time of contract issuance Granite submitted performance bond number 08837639 in the amount of $9,609,906.00. All improvements have been satisfactorily completed at this time and Granite Release Securities Associated with CFD 2005-1 Page 2 of 2 May 8, 2008 Construction has submitted bond number 08837639 in the amount of $965,358.62 for a one-year maintenance period. Parsam Construction, Inc. was awarded the contract for wall construction within CFD-2005-1. At the time of contract issuance they submitted performance bond number 2064857 in the amount of $2,659,916.00. All walls have been constructed to the City's satisfaction and Parsam has submitted warranty bond number 2064857 in the amount of $287,389.00 for a one-year maintenance period. Therefore, staff recommends that City Council accept the posted maintenance bonds from Granite Construction and Parsam Construction and release the corresponding performance bonds. Fiscal Impact: There is no fiscal impact. Prepared By: a_ aceUQ._� Christina Canales Assistant Engineer Approval: Department Head: Markreenwood, P.E. Director of Public Works Paul Gibson ACM for DevelorSm nt Services Finance Director 4-Carlos L. Ortega City Manager (./ /cc/dhl CITY COUNCIL ACTION: APPROVED / DENIED I ECECIVED OTHER METING DATE 5- Cg AYES:Fer KmiF�ner-I- 1< .((�Fre(' €15 to NOES: N nc_ ABSENT : A) on ABSTAIN: NI €ne VERIFIED BY: ra Original on File with-iCity Clerk's Office G:\PubWorks\Staff Reports\2008\May 8103 Release Securities and accept maintenance bonds Granite and Parsam for CFD 2005-011Release securities Granite and Parsam for CFD 2005-1.docx Premium: $59,101.00 � University Park CFD Project#: CFD#2005-1.9 (PW 626-05) 8204-10-39 Federal 1.04604191 Travelers BondNo. 08837639 F&D CONTRACTOR PERFORMANCE B�ND CITY 4F PALM DE`�ERT —MELLO-ROOS ACT BOND FORM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS Palm Desert Funding Company, LP, a Delaware limited partnership ("Lead Deve{ope�'), has awarded to Granite Canstruction Company, 38Q00 Monroe Street !nd'[O,CA. 922Q3, 1-760-775-75Q0 �ranite �onstruction �ompany Corporate Office: P.O. Box 5Q085 - Watsonville, C�lifbYnia 95077 (/Vame,address, and telephone number oi Contractor) {"Principal"), a contract (the "Cantract")for the work described as follows: Patm Desert CFD # 2005-1 (University Park} �--- -- Project No. CFD # 2QOS-1.1 {PW 626-Q5). WHEREAS, Principal is required under the terms of the Contract to fumish a band for the faithful perfarmance of#he Contrac#. NOW, THEREFORE, we, the undersigned Principal, and Federal Insurance Company, Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryl•and, Jointly and Severally Liable * , (Name,address, and telephone number af Surety} ("Surety'} a duly admitted surety insurer under the iaws of the State of California, as Surety, are held and �irmly bound unto Lead Developer, the City of Palm Desert (the "City'), and the City of Palm Desert Community Facilities District Na. 2005-1 (University Park) (the "CFD") in the penal sum of Nine million six �hundred nine. thousand nine hundred six and 00/100 -------_..---------------------------------------- Dollars ($ 9.609,906.00------------- ), this amount being nat less than the total contract price, in lawfu) money of the United States of America, for the payment of whict� sum we[I and tn.rly to be made, we bind ourselves, our heirs, executors, adminis#rators, successors, and assigns, join#ly and severally, firmly by these presents. . . THE C�ND{TION 4F THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in afl things stand to and abide by, and well and truly keep and pertorm a!I the undertaicings, terms, covenants, conditions and agreements in the Contract.and any alteration thereof made as therein provided, on the Principai's part to be kept and performed, ali within the time and in the manner therein specifte�, and in ali respects according to their true intent and meaning, and shall indemnify and hold harmless the *15 Mountain View Road Warrer� NJ ��7 59 925-598-6008; One Tower Square, Hartford CT Q6183 41�-732-14�2; 3 1S .Keswick Rd. , Baltuaore, MD Z1.211 415-538-`/365, respectively Page H-1 Execu�ed in 2 counterparts University Park CFD Project#: CFD#2005-1.1 (PW 626-05) � City and the CFD, and their respective officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surefy further agress to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of #he Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifcations thereunder. Surety hereby waives the provisions of Ca[ifornia Civii Code §§ 2845 and 2849. Each of the City and the CFD is a principal beneficiary of this bond and has al! rights of a party thereta. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corpoKate pa�#y being hereto affixed and these presents duly signed by its undersigned representative{s) pursuant to authority of its goveming body. Dated: April is, aoo6 "Principal" "Surety" Granite Construction Company Federal Insurance Company** B By: �tS �ark �. oi�ta�o S Joh D. Gi 1i ice esi en At orney-in-Fact By: ItS ssis nt �ec e�ary ItS (Sea!} (Sea!) Note: Thls bond musf be executed fn duplicate and dated, all signatures must be notarized, and evldence of the authority of any person slgaing as at�orney-in-facf musf be attached. **Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, jointly and severally liable Page H-2 ACKNOWLEDGEMENT STATE OF CALIFORNIA } } COUNTY OF SANTA CRUZ } p❑ Aprif 13, 2006 before me, Denise Harrigan Notary Public personally appeared � Mark E. Boitano � personally known to me(or proved to me on the basis af 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 which the person(s) acted, executed the instrument. WITN SS my hand and official sea1. � , � S' t ofNotary � �� DENISE MA,RRIGAN � Comm. 1538541 � � {��.11ARY PUBIiC-CALIFORNIA S,4NTA CRU2 COUNiY � MY COMMISSION IXPIRES DEC 25.2006 ACKNOWLEDGEMENT STATE OF CALIFORNIA } } COUNTY OF SANTA CRl1Z } On April 13,2006 before me, Denise Harrigan ,Notary Public personally appeared + David R. Grazian �J� personally k.nown 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 signatiare(s) on the instrument the person(s), or the entity upon behalf which the person(s) acted,executed the instrument. WiTNEss my hand and fftcial seal. . � ; o ocary c ( �� w+�++or.wan►e�ww� DENIS� !�/1RR�CAN � ,� Comm. 1538541 � I�)1ARY Pt�UC•CqUFpR�qq � SANTA CRUZ COUNiY MY COMMSSION b(pIRES DEC 25,2008 vaa+ ACKNOWLEDGEMENT STATE OF CALIFORNlA } } COUNTY OF SANTA CRUZ } On Apri! 13, 2006 before me, Denise Harrigan ,Notary Public personally appeared John D. Gilliland y persona[ly 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 behaif which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _ � i� e of NoEa lic �,� DENISE HA R G/1N � � Comm, 15385A1 � m t:1TARY PUBUGCALIFORt�OA � SANTA CRUZ COUMY � MY COMMtSS10N EXPIRES DEC 25,2008 Premium included in Performance Bond University Park CFD Project#: CFD#2005-1.1 (F'W 626-05) 8204-10-39 Federal 104604191 Travelers Bond No. 08837639 F&D , PAYMENT BOND {LABOR AND MATER[ALS) CITY OF PALM DESERT — MELL�-ROOS ACT BOND FORM KNOW ALL PERSONS BY THESE PRESENTS that: � WHEREAS Palm Desert Funding Company, LP, a Delaware limited partnership ("Lead Developer"), has awarded to Granite Construction Company, 38000 Monroe Street lndio,CA. 92203, 1-760-775-7500 Granite Construction company Corporate Office: P.O. Box 50085 Watsonville, California 95077 (Name, address, and telephone number of Contractor) ("Principal"), a contract{the "Contract"� for the work described as follows: Palm Desert CFD #2005-1 {University Park) Project No. CFD # 2005-'1.1 (PW 626-05). WHEREAS, Principal is required under #he terms of the Contract, the Mello-Roos Community Facifities Ac� of 1982, and the Califomia Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by faw. NOW, THEREFORE, We, the undersigned Principal, and Federal rnsurance company, Travelers Casualty and Surety Company o� Ainerica, Fidelity and Deposit Company of Maryland, Jointly and Severally Liable (Name, address, and felephone number of Surefy) � ("Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Lead Developer, the City of Pa1m Desert, and the City of Palm Desert Community Facilities District �Va. 2005-9 (University Park} in the penalsum of Nine million six hundred nine thousand nine hundred six and oo/ioo-------_..�------------------------------------------------------- � DOIIaI'S �$ 9.609,906.oo------ ), this amount being not less than one hundred percent (10Q%} of the total contrac# price, in lawful money of the United States of America, for the paymen# of which sum well and truly to be made, we bind ourselves, our heirs, executors, adminisfrators, successors, and assigns, jointfy and severally, firmly by these presents. THE CONDITi�N OF THIS OBLIGATI�N IS SUCH THAT, if the hereby� bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall faii to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code *15 Moun�ain View Road, Warren, NJ 07061 925-598-6008; One Tower Square, Hartford, CT 06183 415-732-1482; 3910 Keswick Rd. , Baltimore, MD 21211 415-538-7365, respectively Pagel-1 Executed in 2 counterparts University Park CFD . ProJect#: CFD#2005-1.9 (PW 626-05) with respect to work or labor performed under the Contract, or for any amounts required to be deduc#ed, withheld, and paid aver to the Empioyment Development Depar�ment from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect fo work or labor performed under the Contract, the Sure#y will pay for the same in an amaunt not exceeding the penaf sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 af the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. in case suit is brought upon this bond, Surety further agrees to pay a!1 court casts and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Sure#y, for value received, hereby stipulates and agrees that no change, extension of#ime, alteration, addition or modification to the terms of the Contract, or of the work to be perFormed thereunder, or the specifications for the same, shall in any way affect its obligat�ons under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or madification to the terms of the Contract or to the work or ta the specifications thereunder. Surety hereby waives�fie provisions of California Civil Gode §§ 2845 and 2849. IN WlTNESS WHEREOF, iwo (2) identical counterparts of this instrument, each of which shall for afl purposes be deemed an origina) hereof, have been duly executed by Principa( and Surety, on the date set forth below, the name of each corporate party � being � hereto affixed and these presents duly signed by its undersigned representative(s} pursuant to authority of its govemiFlg bady. Dated: April is, Zoo6 "Principa!" "Surety" Granite Construction Company Federal Insurance Company** B y: � ItS ice 'r ��en� � oh D. illiland . At orney-in-Fact By: • ItS ssistan ecre ry ItS - {Sea!) (Seal) Note: This bond must be executed ln duplicate and dafed, all signafures must be nofarized, and evidence of the authority of any person sfgnJng as atforney-in-facf musf be atfachet/. **Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, jointly and severally liable Page I-2 ACKNOWLEDGEMENT STATE OF CAI.IFORNIA } } COUN'TY OF SANTA CRIJZ } On April 13, 2006 before me, Denise Harrigan , Notary Public personally appeared Mark E. Boitano r personaliy 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 which the person(s)acted, executed the instrument. WITNESS my hand and fficiaf seal. � 0 ot u ic 11j � [«� DENISE HARRIGAN � Comm. 1538541 � e P'�iARY PU611GCAUFORNU� SANTA CRIfZ COUNN •' hdy CpMM15SION IXPIRES DEC 2b,2008 ACKNOWLEDGEMENT STATE OF CALIFORNIA } } COl1N'iY OF SANTA CRl1Z } On April 13, 2006 before me, Denise Harrigan , Notary Public personally appeared � David R. Grazian � 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 acknowiedged 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 which the person(s) acted, executed the instrument. WITNESS y hand and offic' 1 seal. r $1gTlfl OI� UbIIC �L 1c� �. DENISE NARRi�AN Comm. 1538541 � � ' � 1`',iA1tY PUBUC-CAIJFORNIA SANTA Ci2UZ COUPilY hN COMMISSION O(WRES DEC 25,2008 ACKNOWLEDGEMENT STATE�F CAl,IFORNtA } } COIINTY OF SANTA CRUZ } On April 13,2006 before rne, Denise Harrigan Notary Public personally appeared T John D. Gilliland � 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 which the person(s)acted, executed the instrument. W[ SS my hand and official seal. .� C e of Notary Pub c � , . � ✓�rr � QENISE MI�RRIGAN � Comm. 1538541 � � r:�tnRv PusuacAu�Nv+ ' SANTA CRUZ COUPIT`! � MY COMMISSION D(PIRES DEC 2b,2000 � � Chubl7. pQwER Federal lnsurance Company Attn: Surefy Department SUI'ety p� Vigtfant Insurance Company 15 Mountain View Road c�� ATi'ORNEY Pacific indemntty Company Wa�en, NJ 07059 Know All by Thesa Prosanta,Thal FEDERAL INSURANCE COMPANY,an Indiana coiporatlon,VIGItANT INSURANCE COMAANY,a New York ccrporat(on,and PACIFIC INDEMNtTY COMPANY,a Witconsln co�poraUoa,do each hereby consUtute and appolnt De6oroh S.daekson,R.C.Allbrttton,John D.alpiland,Jiglsha Oeaai a�d Mary H.Lonerpan of Wataonvfilo,Calltarnla each as thelr true and�awful Attomey-in-Faet to exacute under auch deslp�alion in their names a�d ta aifix thefr wrporate ceala to and dallver tot and on their behalt es surety theteon or olhawlse,bonds and undertakfnps and ather wriW�gs oblbatory in 1he nature lhereof(ather Ihan baU bonds)Qiven or executed In tha course of husinass on beha�f of Granito Construcpon Inrarporated and alI 8ubtldlaztts,alone or In JointvenWro. tn oonnedlort with bids,proposais or conVaeta to or wlth the Unfted States of America,any State or po111ieal subdlviolon thereof or eny person,firtn or caporaUon. Md the ezeculion of such bond or abUQa6on by�uch Attomey-in-Fact in the Compsnya neme and on IL hehelf aa surety thareon or other�vise,under its cnrporale seat,In pursuance of the auihorily heroby con�erred chaall,upon deGvery Ihersof,be valid aad binding upon fha Company. In Witness Whareof,said FEDERAL INSURANCE COMPANY,VIf31LANT iNSURANCE COMPANY,and PACIFlC t1dDEMNIIY COMPANY have each executed and attesled lhase prosents and affixed thelrcorparate seals on thia 2nd.Oay o(Auguat,2005 � s�� r enneth C.Wendai,Asc(stent scretary n mNh,Vtca Presid STA7E OF NE1N JERSEY �. County of Somereet On ihts Y'�. day o!Aupuat,2005 � beforo me,s Nolary PubSc oi New Jaraey,persa�ally eams Kennelh C.Wandel,to me known to be Acaislsnt Saxatuyr ot FEOERAL INSURAPICE CQAAPANY,VIGILANT WSUftANCE COMPAN1f,and PACIFIC tplDEMNtTY COMPMN,the comper�tes whkh ezecuted tha foregoinp Power of Attomey,and Ihs aafd Kerutielh C.Wendel,betnp by me duly aurom,d(d depoae and say Ihat he is Asalstant Seuefary of PEDERAL INSURANCE COMPANY,VlGILANT IN3URANCE COMPANY,and PACIFIC INDEMN[TY COMPANY and knowa the oorporate seal�ttureof,lhat the aeais affuced lo the foropolny Power ot Attartay aro sach eorparata aeafe and wero thercto afl6ced by aulhaity of the By�Lawa ot aafd Companies;and thal he slyned sald Power of Attomey as Asslalant Secre4ry of sald Compenies by Nke auUror(ly;end that he ie aoquainled wilh John P.Smith,and knows hIm lo be Vioe Presldent af said Companies;and that the alynalure of John P.Smilh,subsc�lbad lo ald Powar of Adomay ia ln Ihe penuine handmitlnp of John P.Smith,end waa thereto subsabed by authorily of a�id 8y-Lawa and in depane�'s pcncence. . Notarlal Sed Q��N B.B�9 �p?A R Y�``' �lotary Pu�Sloa of N�wi�eM� --•— • : Na 23?iG97 � Pll BL1�+� . ^nmmK:alo�Cxpi►rs�d.n��Q9 olary Publk _ yc�`�y J��6� CERTIFtCATIUN . E�dracl(rom 1li�ey�Lawc ot FEOERAL INSURANCE COMPANY,VlGILANT INSURANCE COMAANY,and PACIFiC INDEMNITY COMPANY: 'Ali powero al auomey (or and cn bshalf af Uw Compacry may and ah�9 po sx�cuted in ths nams aad an bahalf ot the Campany. elther by lhe Chaim�an ar the Preaklent a a Vke Praaident or an Autetant Vta P�Idsn4 Jdndy►Nth She Suxstery or an Autatanl Secrntary, undw ihe(r raspediva designaGons.Ths ti�nslurs of such olBcan rtay be enpraved,printed or fiUioprapheQ The a(pnaWro of eeeh of ths followinp of6can:Chairman,PresldenC eny Vlte Aresldeni,any Assisia�t V(ce Praaldan�arry Secretary,any Asei�tant Sxrotary and tha aeel ot the Company may 6a allix�d by faaSmpe to arry power ot attomey or to nny ceAiC�cale relaGnp Iheroto appolnUng Aui�tant Secretuiss or Apansys-ln-Fad for purposes only ot execuUnp and aUesGnp bonds and undeAakinye and ather milingt obfipatory in lhe nalure Iharoof,and arty wch power af atlomey or aNflat�baartnq such faeafmk�aty�atuta a faaimlle saet 9hap be valtd and binding upm Ihe Compar►y and any�uch power eo exec�ded and�ed by such facaimfle slgnalu►s and tacelmllo aesl�hall be valid and binding upon the Company wilh respect to a�y bond or undaAalcing!o which lt fs attached.' I,Kennelh C.Wendel,As:istant Seuetary d FEDERAL iNSURANCE COMPANY,VIGII.ANT WSURANCE COMPANY,and PACIFIC WDEMNfiY COMPANY{the •Companler')do hereby cartiity thal ' {iy Ihe forepoinp exUad ot ths By-Laws of lhe Companiea h true nnd oorred, (u) the Compa�ba aro duly Ifcensed and aulharized to tnntect auraty bwlneas in sll 50 ot Ihs Unfted 8fatee oi America and fhe Diattkt of Columbk and an authafzed by 1hsU.3.Treuury apartrtro�l;further,Federal and VipUant an Ucsnsed fn Puedo Rioo and Ihe U.S.Virpin tslands,and Federel ts icensed in Amecican Samoa,Guem,and each ot ths Provinces ot Canada exespt Pii�ce Edvrard leland;and '� ' pU)ths forepoing Power of ANomey b Uw,oar�ct end In full fwce�nd offect. Given under my har►d and�eals of taid Companiu al Werron,rr�u,u April 13,2006 dy,'"""�'� �_R— _ �'�'"M"�'' � e� ' � 5 � � �n/ �/./J ��VOU1M*� �yfW YOR~� ,� .��r Kenneth C.Wendel Asalstant Seueta , � fV THE EVENT YOU WISH 7Q N�TIFY US OF A CIAIM,VERIFY THE AUTHENTIQTY�F THJS BOIVD OR NQTIF1f U5 OF ANY OTHER MATTER,PLEASE ONTACT US AT ADDRESS LISTED AHOVE OR BY Tele ne 908 903-3493• Fax 9Q8 903-3656 e-maU:sure chubb.com F'umilS•l0-01348-U (Rtv.10-02) CORPCONSENT ilCE►YL'�•n•^�f.tiV.VtlLt l. !11'lL�.7u1\L'.l A L V1YLttLL\1 LJ.•CllYJ1r11A4f1 TR1�Y�LERS CASUALTY AND SIIRETY COMPANY ` FA12MIl�IGTON CASUALTY COMPANY Hartford,ConnectIcut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AIITHORITY OF ATTORNEY{S)-TN-FACT KNOW ALL PERSONS BY TH�SE PRESENTS� THAT TRAVELERS CA5IIALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASIIALTY AND -SURETY COMPANY and FAR1wIINGTON CA5UALTY COMPANY, corporafions duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Compariies"} hath made, constituted and appoiuted, and do by these presents make,.consfitute and appoint:Debor.ah S Jackson,R C.Allbritton,Tgisha Desr;i,John D. Gilliland,Mary H.Lonergan, of Watsonville, Caufor�:ta,their true and l�wfiil Attorney(s)-in-Fact,with fult power and autharity hereby conferred to sign,execute and acl�owlcdge, at any place within the United States, the following instrument(sJ: by his/her sole signature and aci,any and aIl bonds, recognizances, contracts of indemwity, and other writings obligatory in the nature of a bond, recoo i�ance, or conditional undertaking and any and ali consents incident thereto, on behalf oJ Granite Construction Incarporated and all Subsidiaries alone or iri doint i�enture, and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and a11 the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made undec and by authority of the fotlowing Standing Resolutions of said Companies, which Resolutions are now in fulI force and effect: VOTED: That the Chairman,th�President,any Vice Chaumai�any Executive Vice President,any Senior Vice President,any Vice President,any� >econd Vica PreSident,the Trea$urer, any Assistant Treasprer,�lte Co�orate Secretary or any Assistati.�Secretary may appoint Attorneys-in-Fact ind Agents to act far and�on behelf of the company aad may give such appointee such authority as his or her certif cate of authority may prescribe A sign with the Company's name and seal with the Lrompany's seal bonds,recogiiizances,coatracts of indemnity,and other writings obTigatory in he nature of a.bond,recognizance,or conditional andertaldng,and any of said offic�rs or the Board of D'uectors at any time may remove any such ippoinfee nnd revoke the power given him or her. VOTED: That the Chainnan,the President,aay Vicx Chaianan,anyExecutive�ce President, any Senior Vice President or.aay Vice Presidcnt nuy delegate all or any part of the foregoittg aaEhority to one or more of�icers or employees af this Campany,provided that oach•sach delegation is n writing and a copy thereof is filed ia the oftice of th�Seorotacy. � ' il4TP.D: That any.band, recognizaneo, contract of ittdeitiaity, or vsiiiting obligatory in the nature of a bond, recognizaiico, or epnditioctal inderfu�ug shall b�valid and binding upon the Company wheu(a)sigaed by the President,any�ce Ghaiiman,say Executive Vice,President,any �enior Vice President or any Vice President,any Stcond Ytce President,tho Treasurer.any Assistant Treasuror,the Corporate Secretary or eay �ssistant Scxretary and duly attested and sealed with the Compaay's seal by s Seccetary or Assistant Secretary,or(b)duly cxecuted(under seaI;if equiredj by oao or moce�1►ttorneXs-ut-Fact end Ageats pursuant bo ttie power prescxibed in his or her certificate or their cettificates of a�thority ar iy oAe or more Company of'ficers pursuant to a written detegatioa af authority. Chis.Power df Attarney and'Cerfificate of Autharity 1��igp.ed aad seai�d by facsim�l�e(mechanical or.printe�under aud by �uthority.nf the fqllo�ving Standiag Iteso[ution voted by thc Soards,of Dirc�etors Qf TRAVELEHS CASpALTY AND SURETY �OMPANY OF AMERYCA, TRAVELERS CASQ�l.LTY�AND �IIRETY COMPANY and RARI4IIl�iGTON CASUALTY :UMPANY,which Reso[ution is aaw in futl force and effect: � � /OTED: That the signature of each of the fallowing of�'icers: President, any Executive Vice Presidcnt, any Senior Vice President, any Vice 'resident,aay Assistant wce Presiden� eay Secretary, azty Assistant Secretary,and�he seal of the Coxnpany may be affixed by facsimile to any bwcc of attorncy ar to any oertificate relating lh�reto appouttictg Resident Vicc Presidcn�s,Residtnt Assistant Sxretnries ar Attomeys-ia Fact for �urposes only of extcuting and attesting bonds and undertakings and other writings qbligatory in the nature thercbf,and any such power of attoirney �r certificate bearing such facsimile signature or:facsiuule seal�hall be valid and binding}ipon the Campany end any such power so executed and ettified by suoh facsimile signature�aad facsimile•seal shall be valid end biading upoa.the Company in the future with tespect to any bond or �.ndertaking to wttich it is attac6cd. 12-05)Special Wording Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COL4NIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLOTIIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by WILLIAM J.MILI,S,Vice President,and GREGORY E.MLTRRAY,Assistant Secretary,in � rity�anted by Article VI,Section 2,of the By-I,aws of said Companies,which are set forth e s reo e hereby certified to be in full force and effect on the date hereof,does hereby no ' a TTON,3igisha DESAI,Deborah S.JACKSON,John D.GIL of Watsonville,California, EACH its true and lawful agent and At��`�� k , eliver,for,and on its behalf as surety,and as its act and deed: any an �Q er o ehalf of Granite Construction,Incorporated, Watsonville,Calif �'�;�1�lbsid 'e �oint venture,and the execurion of such bonds or undertakings in uance of rl��- ses as if purs thes� nt s upon said Companies,as fu]ly and amply,to all�ntents and pucpo , they had been duly�;��P�a wledged by the regulazly elected officers of the Company at its office in Baltimore, Md.,in their own pr r sons. This power of attorney revokes that issued on behalf of R C.ALLBRITTON,Jigisha DESAI,Deborah S.JACKSON,John D.GILLII,AND,Mary H.LONERGAN,dated June 20,2005. The said Assistant Secretary does hereby ceitify that the extrac[set forth on the revecse side hereof is a�ue copy of Article VI, Section 2,of the By-L,aws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Seccetary have hereunto subscribed tbeir names and affixed the Corporate Seals of the saicLFIDELITY AND D�POSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SiJRETY COMPANY,this 23rd day of.iune,A.D.2005. �+ ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY '�p OEPps�} t�l(�. �,i l,t��4� f+ NYI1 � ° = 86AL � /n/ W �• ' '_1 p l� ?? � ��r C.�..�. Ml,c�.ti—� �,,�' 4wni BY: Gregory E.Murray Assistant Secretary William J.Mills Yice President State of Maryland 1 ss: City of Baitimore f On this 23rd day of June, A.D. 2005, before the subscnber, a Notary Public of the State of Maryland, duly commissioned and qualified,came WILLIAM J.MILLS,Vice President, and GREGORY E.MiJRRAY,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLOI�IIAL AMERICAN CASUALTY E1ND SURETY COMI'ANY, to me personally lrnown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execurion of the same, and being by me duly sworq severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals affixed to the preceding instrwnent is the Corporate Seals of said Companies,and that the said Cozporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my O�cial Seal the day and year first above written. `,�1{14tfl�j�r' �� ,ll:.�:;� �i <<��t:�" �K�i :p r' 1`C'11V �F1a� �if��•'��'f IC:�G C �� o:•........,•. . ,'��rt i i 1��``` Maria D.Adamski Notary Pcrblic My Commission Expires: July 8,2007 vna_F n��a��r CHUBB GROUP OF tNSURANCE COMPANlES 5u�tty DepaRmei�t, t6 Mountain View t�oad, P,O.Box 1615,Warren,iVJ U70G1-1615 ��1„i}�� Plione: {808)903-3485•Facsimile: (908)803•3656 Federal Insurance Company* 8204-10-39 Federa! MAINTENANCE BOND 104604191 Travelers Bond No, 08837639 F&D Premium included in Perfocmance Bond Job No. 225700 Know Atl Men By These Presents, That we GRANITE CONSTRUCTfQN CQMPANY .__ __ * (hereinafier callod the Principal), as Principal,a►,d tne Federal lnsurance Company acorporation duly organized under the laws of the State ofi lndiana, (hereinafter called the Suretv�, as Surety, are held and flrmly bound unto Palm Desert Funding Company, City of Palm Desert, and Palm Desert Redevelopment Aqencv {herelnafter called the Obfigee), in the sum of Nine Hundred Sixry Five Thousand Three Hundred Fifty Eight and 62/100 �� 965,358.62-- )� for the payment of whicl�we,the said Princlpal and the said Surety, btnd ourselves, our heirs, executors,adminisfrators, successors and assigns,jointly and severally,firmfy by these presents. Sealed wtth our seals and dated thls q St day of ApriJ, 20Q8 WHEREAS,the safd Principal has herefofore entered into a contract with said Obligee dated qprll 3, 2006 , for ; and University Park Improvements WHEF�EAS, the safd Principal is required to �uarantee the �niversity Park lmprovements installed under said contract,against delects in materials or workmanship,which may develop during the period February 1, 2008 through February 9, 2009 tover) Executed in 2 Counterparts Fam t5•02-0075(Rev.17•98) Surety and Prinicipal shall not be liable to all Obligees in the aggregate in excess of the penal sum stated. NOW,THEREFORE,THE CONDITfON 6F ThilS OBLIGATION IS SUCH,that if the Principal shall faithfully carry out and perform the said guarantee, and shall,on due notice, repair and make good at its own exponse any and all defects in materials or workmanship in fhe said work which may develop during the Qeriod February 1, 200$ through February 1, 2009 or shall pay over,make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or dafault of said Principal so to do, then this obllgatlon shall be null and void; otherwise shall remain in full force and in effect. GRANITE CONSTRUCTION COMPANY Princ(pal By: J' �sha Desai, Vice President � .�� . .. � ,�. � �� Federal Insurance C mpany* � By: . � John D. Gilliland, Attorney-in-Fact *Travelers Casualty and Surety Company of America Fidelity and Deposit Company of Maryland Jointly and Severally Liabfe CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT � State of Cal(fornla ., ' Santa Cruz Couniy of . On April 9, 2008 �efore me, V.J, Fox, Notary Public Dalo era Inseri ame and o W No OJlfoer personally appeared John D. Gilliland, Attorney-in-Fact Namo e o sr(s) who proved to me on the basis of satisfactory evidence to - be the person{s)whose name(s) is/are subscri6ed to the within instrument and ackt�owladged to me that �.r.....-. he/she/they executed the same in htslher/thelr authorized �„y. Fox capacity(ies), and that by hls/her/their signature(s) on the ��""��" cammission �k 1767859 instrument the person(s), or the entity upon behalf of � �-M Notary Publlc -Catltornia � Which the person(s) acteci, executed fhe instrument. santa CsuZ Co�t�t' � certify under �ENALTY OF PEflJURY under.the law�__ of the State of California that the foregofng paragraph ls true and oorrect. WITNESS my hand and ff cial seal Signature ' a�,oeHowyse.i�ov. �9"' °tNo1ory D°'0 V.J. Fox, Notary Public OPTIONAL. Thaugh the lnlormatlon below!s nof requirer!by law,It mey prove velus6le!o persons relying on the documen( and coufd prevent I�audulenf remova!and reeffachmen!of thls form to another document Descrlptlon of Attached Document Title or Typo of Document: � Document Date: Number of Pages: 5(gner{s}Othsr 7han.Named Above; Capactty(les)Claimed by Slgner(s) Signer`s Name: Signer's Name: � Indfvldual Cllndfvldual � Corporate Officer—TfUe(s): ❑Corporate Ofllcer—Tflle{s); ❑ Pariner—O Umfted ❑General �, ❑Partner—❑Llmited 0 Qeneral �,, ❑ Attorney ln Fact • � �Attorney In Fact • O Trustee Top of Itwmb here p Trustee Top o�mumb nera ❑ Guardlan or Conservetor O Guardian or Conservator 0 Other: C]Other: Signer is Representing: Signer Is Represenling: ' I , OTOO7Nntlm�lNdaryAssada6on•9350DeSoloMe,P.O.Bmc2402•ChalswAh,CAD13t3•2<02•��nvN�Bo�elNduya�p Ham�5907 Reoider.CalTo9�Freef�800a78�b827 f � CFtubb pp�R Federal Ineurance Company Attn: Surety Department Surety pF Vlgila�rt Insurance Comp�ny i8 Mountnin Vtew Road '�'�"�""' ATTORNEY PB�m�i�de�nnay company warre�,,NJ O7Q59 Know AU by These Presents, That F�DERAI. INSURANCE CQMPMIY ert Indiane cotpotatlon, ViGILANT INSURANCE COMPAM', a New York cv radon, arxt FACIFlC lNDEMNt1Y COMt�ANY a lNlsconsin corporatlan, do each hecehy constitute and eppolnt Jigisha�isai,John D.Gilliland artd Ananya MukharJee of�lVatsonvHle,Cal'domta oach a�tluk Uaa and lawlu�Attom�y-In-Fact 10 ezoouEo u»der sueh deal9naubn in thet oart»e and to aQhe Cwir oorporat�wals to and dettvu ta end on ttatr MhaM u�uroq thoraon or othoruise,borxls and undoAaklnQa and other vrltlnyt oWlp�tory ln th�nalue Itwnof{otMr Oian ball bonds)pMa�or sxoeubd In ths oovras o[ busineca an WhaY dtnnita Corohuctlon�nwrporated and c�SubsidferMa abno u ln Jo4�t venWrs tn eonnectlon wllh bids�piopow�ie or oonErects lo or wHh the Unked SteNa af Nnedc+.,anY 6Ub or p�o�ikai wbd,vWa�ttw►wt or�nY Pason��rtn or corporptlon.And . . the szautton d sueh bond a obNIIaBon bY�uoh AtO�m�Y-In-Faci In lho Cort�an�a nam�end on tb balylt as wrory lheroon or olfNnAa,undor Its eorporsU aeal�In pursuana at tha o�fhairy t+eroby oo�lertod ahal4 upon dollvory tlwnol�b�vaYd and bindinp upon 11u Compeny. In Wlmou Wheroo}�sald FEDERAL INSURANCE COMl�ANY,�iILANC N3UR1W CE COMPANY and PACIFlC INDEMNfTY COMPANY have ssch�x9CuNd ux! aHectad thas prosonb tu�d�fllx�d thak co��onk seals on thl�S day or NovemEser,200�'. �� /Ct�ay�/ � 44r . � Konneth C.Windol,Aeda anl Seaemry .Norrts,Jr., STATE OF NEW JERSEI' • �. c«mry a samers.t a,m�. 6th' day of NOVeIi16@r�2tt07 hatova me�a No1uY PubAc ol Naw.i�Y,wrooMay o.me uon�.�,c.w.na�t,a mo�wYm m�� Aestatant&ocraSary ot FEOEFi11L IN$URANCE COMFyWY.VIGYANT INSURANCE COMPAHY, and PACIFIC IND£MNIiY OOMPANY, th�pompanMe vsf�eh wcawted tlq(aepofnp Pownr ol Attorn�y,ar�d lM sald Kvnnslh C.Wendel,belnp by ms didy arqm.dd d�pax and say lhat Ite b Aaletant S�ctoqtry oI FEDEHAI. INSURANCE COMPANY,VIQILANr WSURANCE CaMPMIY,�nd PAC(fIC WDEf�ATY COMPIWY and knows 1he cotporats aeals th�n0�,ltrt the seale aff!l�ad io pa tonpolnp Povwr ol Attorney aro weh oapor�ts rub erd wen theroto eMx�f by aulholity ot tEh 8y-Lawr of sNd Compank;and thtt Ils e�pned safd Paner.al Attomey as 11s�istant S�enbuy ot aatd Compnnta�by Ik�authadly,and that he b�cquatnUd wflh Oavfd B.Nortla,.k.,and knows hlm Io be Vtee Prosidod of sRld CJompor�Na;u�d Ihet fha efD��of�avfd 8.Nart4s,Jr.,absedbad W sald Powv of AHomey k In the p�quk»hu�dNrtfUnQ of Wtvld B,NorAs,Jr.,uW w9s 1M�nto aubac�lbod by RulhoAly ot sald By La�vs a�d In dopcnenCs pnsrria. Notartal Sse1 iUTHERINE IG119HCHER s�dYAR NOrARY PUBlIC O�IVEWlF.RSEY �"''r No,231b695 pU8L1C+ ConwnEaion E�rcar July 8,�pp9 � J�g Notary PubUa CERIIRCATION E�orui trom tM ey-Laws d FEDEHAL INSURAi�ICE OOMPANY,VICiILAP1T INSURANCE COASPANY,md PIICIFIC 1NpEMNRY(?OMPANY: 'A11 powus af attomoY �+ and on b�heC o� tlu Company m�y and sh�ll ba axecutod in lfu nun� �rtd on behaU of � Canpany, •Hhn by . the Ch�Mvn or ms Prwldent a a Vlce Presid�rlt a an Astistent Vke Prosfd�rtt ldnty wph ihv Sacrofary ar an As�l�tant S�ueluy.undu thoo-reep�ctivs daelpneNoru.Tho alp�aturo d:uah oflkars may bs uiDnvsd,Prtnted or pu�opn�h�d'Th�sl�nRfu�of ead�o!Ih�(oNov�Anp offlorn:f�µfrm�n.PneW��t■�Y Vloe Prvaldant,any Asslst�nt Vke Pioddera,nny BeonUuy,any A�uitsnt Seaahry and Ihe s��of tl+e Campany may be aRbad by fepiqdle lo any powar o(eQonwy u W ; ury oarif�caU rwthp tluroto appofnUn9 Jlui�tant S�eratpi{es w AtmmOys-In•Fact ta puipooee only ot�zocutlnp�nd�CoadnQ bond�and w�deKaktnQs end othu xrttY►ps obllpetory in the naturo theroof,and any tuch poxwr d attom�y or ooitNNlaato b��rfnp nuh faasireRl�fpnaturo or teulmR�wl�hall be vapd utd bindlnp upon '. tho Company end arty auch Povar so exacwbd and oerURad byaucll M�s&nA�WQnahue and i��alma��n1=hW W vWd arW bindnp upon Ih0 Compu+Y wflh pspaal to eny bond or urWortekk>p to�d�lch It Is attechad' !.Kennolh C.Wead�l,Aui�tant Saorolay a(FEOERAL 1NSUFtAPtCE COMPANY,VI0IUWT INSUHANCE COMPANY,and PAqRC WOENWRY COMPMfY(the . 'Companles�do horobyaorWYlhRt {i) the faapokip�xOraa d th�By live¢ot Iha ComprnTas I�trua end oar�ct pU th�ComPenle�us duty Ikatwd and authoAzed to Ir�eneeat auny bakase In a160 oi tM Unri�d S Wea al AmaAaa and 1h�Di�kt of Colw�bta and nn�utlwila�d hY tho U.S.T�aaaury DoP�nk��.Fed��al and YlppHent a�Roeneaa In Puerto ftko axd t!w U.s.Vtipin ls�anda�and Fed��al b 1lao+wd in Mrodcan Ssrtw+�ciuem�and aneh o}the P�whaes of Cusada exapc PAnca Ed►wrd lelend;end (td)tha foropdnp Pwwr d Atlomey fs trw,coaact and b►u�lorce and o[fact. GNen wrdermyhend and aeals ot aald Companlas al Wmren,H��s April 1, 2008 � �� - �� ^ � � T � ��MO{AN! �'�M • Konnodt C.W AubhM S�crste 'i}�E EVENT YOU WLSH TO NOTIFY l7S OF A CLAiM;VERIFY THE AU�HEIVTICITY aF 7H15 BONR OR NO�IFY US OF ANY OTHER MATTER,PLEASE ACT US AT ADDRESS LISFED ABBVE 0 BY T ftone 908 903-3493 Fmc 908 903-3656 tmalL dmbb.00m • r��s-ia ots�a.u c�w.ta a�coxP coNs�xr � � TRAV�L�L�RS .J POWER OF ATTaRNEY Farmington Casualty Company � � St,Paul Guardian Insurance Company Fldelfty and Guaranty I�surance Company St.Paul Mercury Insurance Company Hdelity and Guaranty Fnsurance Underwriters,Inc. Travele�s Casualty and Surety Company Seaboard Surety Company Travelers Casuaity and Surety Company of America St.Paul Fire and Marine Insurance Company Unfted States�idelity and Guaranty Company Attomey-In-Fact No.229185 Surety Bond No,or Project Descriptlon: prindpal: Granite Construction Company 104604191 °b0��' Palm Desert Fundt�g Company,Clty of Palm Desert,and Palm Desert Redevelopment Apency KNOW ALL MEN 8Y THESE PRESENTS:That Seaboard�Surety Company Is a corporadon dufy organtzed under the laws of the State of New York, that St.Pauf Ffre and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insuretxe Company are corporations duly organized under the laws of the State of Minrtesota, that Farmingtan Casualty Company, Travele�s Casualty and Surety,Company, and 7ravele�s Casualty and Surety Company of America ate corporatfons dufy organized under the laws of the 5Eate of£onnecticut, that United States Fidelity and Gaaranty Company is a corporaUon duly orqanlzed under the laws of the State of Marylarxl, that Fidelity and Guaranty Insurence Company is a corporatlon duly organized under the laws of the St�Ce of Iowa, and that F1deUty and Guarar+fy Insurance Underwrtters, Inc. is a corporation duly organlzed under the laws of the State of Wisconsin(herein collectively cal[ed the"Companies"),and that the Companles do Fiereby make,constitute and appoint John D.Gpiiland,Jtgisha Dasai,and Ananya MukherJee of the qty af Watsonvllle,State of Californta,the(r true and lawful Attorney(s)- fn-Fact, each fn their separate capacity if more than one Is named above,to s(gn,execute,seal and acknowledge any and all bonds,recognizances, cond(Uonal undertak(ngs and other writings obligatory in the nature thereof on behalF of tfie Companfes in their hus(ness oF-guaranEeeing the fidelity of persons, guaranteeing the performance of crontracks and executlng or guaranteeing bonds and undertakings required or permitted In any actions or proceedings ailowed by faw. On behalf of Granite Construction Incorporated and all SuBsidiaries aione or in Joint Venture. IN WITNESS WH�R�OF,[he Companies have Caused thls Instrument to be sfgned and their corporate seals to be hereto affixed, this Sth day of October,2007. Farmington Casualty Company St.Paul Guardlen Insurance Company Fidelity and Duaranty Insurance Company 5t?aul Mercury Insurance Company Fldellty and Guaranty Insurance Underwriters,inc. 7ravelers Casualty and Surety Company Seaboard Surety Company Travelers CasualZ}r and SUrety Company of America St,Paul Fire and Martne Insurancti Company United States Fldelity aad Guaranty Company ��su��r q}Ntt sU4Etr 3�E `*M i�so ��`""4i ,,ir�ye. W°� ..ilSIYAI�p f �� * � �`� it� o�eRr«��t�}��}� �l��+yP� �� : � � �� i�i 7 0 � 'l82r �n � '" sg.Er�F y�rrr+onn' � � e � reae 1,,`�'�a�� '1977� 1951 ,�� ' * ,`�sen��g �+\�, O� � � y� 1.N � 11� KhtYl /F � .lTw:y.� � . F � a � �+�A1N� . State of Connecdcut sY. � � _ City of Hartford ss. Geo e W. ompson, or Vice President On this the 5th day of October,2007,before me personalty appeared George W.Thompson,who acknowledged hlmself to be the Senior Vice Presiden[ of Farmington Ca5ualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Undetwrlte�s, Inc., Seaboard Surety Company,St.Paul Ftre and Marine Insurence Cumpany,St:Paul Guardian Insurance Company,St.Paul Mercvry Insuranc�e Company,Trevelers Casualty and Surety Company,Travelers Casualty and Surery Company of America, and United States Fldepry and Guaranty Company, and that he, as such, being authorized so to do,exewted the Foregoing Instrument for the purposes therein contained by sfgning on behalf of the corporatlons by himself as a duly authorized officer. In Wltness Whereof,I hereunto set my hand and official seal. o.Y� My Commission expires the 30th day of June,2011. � �� _ �,��' C �u�fd�u.1.� • * '��5 Marie C.Tetreauit,Notary Publlc Page 1 of 2 This Power of Attorney is granted under and by the authority of the foliowing resolutlons adopted by the Boards of Dlrectors of Farmington Casua(ty Company,Fidelity and Guaranty Insurance Company,Fdelity and Guaranty Insurance Underwrlters,Inc.,Seaboard Surety Company,St. Paul Ftre and Marine Insurance Company,St.Pauf Guardian Insurance Company,S�Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of Amerfca,and United States F(de1(ty and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chafrman,the PresEdent,any Vice Chairman,any F�cecuUve Vice President,any Senior Vice President,any Vice President, any Second Vice Presldent, the Treasurer, any Asslstant Treasurer, the Corporate Secretary or any Asslstant 5ecretary may appolnt Attomeys-in-Fact and Agents to act for and on behalf�f'fhe Company and may give such appolntee such authorlty as his or her cettificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of lndemnity,and other writings obllgatory In the nature of a bond,recognizance,or condltlonal undertakfng,and any of said officers or the Board of Directors at any time may remove any suth appointee and revoke the power given him or her;and it fs FURTHER RESOi.VED, that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Sen(or�ce Presldent or any Vice President may delegate all or any part of the foregoing authority to one or more o�cers or employees of thls Company, provlded that each such delegation is in writing and a copy thereoF fs filed In the office of the Secretary;and It(s FURTHER RESOLVED, that any bond, recognizance, tontract of indemnity, or wrlting obllgatory fn the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vlce Chairman,any Exe�utive Vice Presldent, any Senlor Vlce President or any Vice President, atty Second Vlce President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Asslstant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Seuetary; or(b)duly executed(u�der seai, if required) by one or more Attarneys-In-Fact and Agents pursuant to the power prescribed in his or her certlBpte or thefr certificates of authority or by one or more Company offlters pursuant to a wrltten delegatlon of authority;and it Is FURTHER RESOLVED,that the signature of each of the following offlcers:Presldent,any Executfve Vice Presldent,any Senior Vlce President, any Vice President, any Asslstant Vice Presldent, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimfle to any power oF attomey or to any certiflpte relating thereto appoin�ng Resldent Vice Presidents,Resldent Assistant Secreta�ies or Attorneys-In-Fact Por purposes only of executing and attesting bonds and undertakings and other vrritlngs obligatory in the nature thereof,and any such power of attomey or certlftpte bearltlasuch facslmlle signature or facs(mile seal shall be valld and bindfng upon.�e C,ompany and any such power so executed and certified by such fd�slmfle signature and facslmile seaf shall be valld and b[nding on the Company In the future with respect to any bond or understanding to whlch ft is attached. I, Kori M.)ohanson,the underslgned,Asslstant Secretary,oF Farmfngton Casualty Company, Fldellty and Guaranry Insurance Company,Fideliry and Guaranty Insurance Underwriters,Inc.,Seaboard Surely Company,St Paul Flre and Marine Insurance Company,SG Paul Guardlan Insurance Company, St. Paul Mercury Tnsurance Company,7revelers Casualty and Surety Company,Travelers Casualty and Surety Cornpany of Amerlca, and United States FidelJty and Guaranty Company do hereby cerUfy that the above and Foragoing ls a true and correct copy of the Power of Attorney executed by sald Companies,which Is in full Porce and effect and has not been revoked. IN T�STIMONY WHEREOF,I have hereunto set my hand and afFlxed the seals of said Companles thls April 1,2p08 . � )/1� �'GL Korl M.Johanson,Asslstant Secretary �r°�8°u4�,,y ��" �� i�jt� �o��.-�='�`?o� �0��1,•-"``�y,� J��°r""oa �M�wny �111TMb i19�2 0 � � � �D; � 1977� 1�'� 1927 ��"" ;I,se.n4 � ��a�� 3O�s' "`�+r.'�ye� � ��ees°� �yy, r�+ � i�� c�1Fh� Ig * � `��S ��►i` �+�."�i�`� 1i .�� `- �i� �•A � . a+ AD AlN� To verlfy the authenhicity of this Power of Attorney, ca//1-800-42.Y-3880 or contact us at trave%rsbond.com. P/ease refer to the Atto�ney-In-Fac[number,the above-named lndiv/dua/s and the detalls of tl►e bond to which the power Is attached. Paqe 2 of 2 Power of Attorney k�ELI'I`Y AN'D DEPOSYT COMPANY UF MARYLAND COLO1vIAL AMERICAN CASUALTY AND SUR�TY COMPANX KNOtiV ALL [vl�N BY Tf�SE PRESEN'�S: That thc FIDELITY AND DEPQSIT COMPANY OF MARYLAND, aad thc COLOMAI. •. AMERICAN CASUAL'C'Y AND SURETY COMPANY.corpo�adans of the State of Meryland.by FRANK E.MARTIN,JR.,Via President,and ERIC D.BARNES,Assistant Seerctnry,in pursusnee of authority gcanted by Article Vt,Sxtion 2,of tho By-Laws of sald Coropaaies,which arc sct forth on the next page hereof and ace hereby ce�tified to be ia ful!force and effxt on the date hereof, docs heroby nominau,constitute and appoint Jigisha D�SAI,John D.GTLLII.AND,Ananya MUI�RJEE and Cona[e G.MARTIN,all of Watsonviilc,Califamia,EACA its true and lawfu!egent and Atiorney-in-Fact,fo mekq execote,scal and delivtr,far,sad on iLs behaif as snrety,and as its act and dr,ed:any and all bonds and undcrtaitings issued on behalf of Granitc Conafractioa,Incorporated,VYat�oaviile,CalEforaia aad RIl subsidiaries alona or iu A joint venture, and the execution of such bonds or undertakings in pursvance of these presents,shatl be as bindIng upon said Companics,as fWly • _ ...and ampiy,to.all intcn�and purposos,as•if it•6ad•been�dulyexecuted an@ aelmowiedged-by the regu[arly•elected officers of the•Compeny ut its. . officc in BaItunare, 1VID, in Weir own propec persons. This power of attorney revokes that issued on bchaif of R.C. AI.LBRITTON, 7igisha . DESAI,Deboreh S.JACKSON,Johu D.GILLILAND and Mary H.LONERGAN dated June 20,2005. The said Assistsnt Sxretffiy do�s haeby c.�atify that the acuact sct foiih on the next page hereof is a�ue copy of Article VI,Section 2,of tht By-Laws of said Compeny,and is now in foroe, IN WI1?�IBSS VVHk?REOP,the said Vice-President and Assistam Secrotsry have hueunto suhscribed theic names and affixed the Corporate SeaI of the said PIDELTfY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERTCAi�1 CASUALTY AND SURE'I'Y COMPANY,as of this 18`�day of Decembcr,A.D.2007. FIDELITY AND DEPOSIT COMPANY OF 1VIA.RYLAND ATTEST: COY.ONIA.L AMERTCAN CASUAI.TY AND SURETY C�MPANY '�a ot�of�� wct�, , .__ �� "'u'o,o .rr� '� __„��i� i�[""" �h � ..... � 86AL � �� :� in. T.� ,�,�,�' ri � . a,�,�� c Erlc D.Barncs .lssistant Secretary F�ank�Martlx.Tr. Yice-President State of Maryland 1 ss. Counry of Baltimore f On this 18`"day of Docember, A.D.2607,bcfore the subscriber, a Notary Public of tho State of Maryland, duly commissioned and quelified, came PItANK E.MARTIN,JR,Vice Ptesldent,and ERIC D.BARNES,Assistant Secretary of the FIDELITY AND DEPOSTT COMPANY OF . MARYLAND end the COLOMAL AI►�KICAN CASUALTY AND SURBTY COMPANY,to me personally known to be tho indiviAuals and . officers desctlbed in and who executed th�prer,eding iastrumcnt,and they each aclrnawIedged the aocecution of the same,and beIng by me du3y sworn,severally and each for himself deposeth snd saith,tbat they are the seid officers of the Company aforesaid,and that the soal affixed to the preceding instrament is the Cocporate Seals of said Companies,and that ths said Corpozate Seals and thzir signawres as suefi offieers were duly affixed and subscribed to the said instrument by tfie authority and direction of the said Carporations. lN TEST'IMONY WF�REOF,I havo hereunto set my hand and a�xul my Officia!Seal the day nnd year first above wriUen. �tiu»� . ..``��',�.�rtlY f'��; . ti J�1,� 1 ��:7� / ��y� ..ys / ��`q�fi `'�v`�"�ClLQ.,�� ;,r�i,.t��f:tiy��`.+ ,��1�,�f��,,�. . Corurte�1.Duna Notary Public ' My Commission Expires: July 14,2011 POAF Q16-4752C ._._...._----•----------...r...._._.__....,.._._...�.__.-...._.._.. ..,.__.__—_Y.._--- �. ,..------__.�... ... ........._.._._.............. _.. _....-..------.�. , , � , �EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY Or MARYLAND "Article VI, Section 2.The Chaitman of ihe Board,or the President,or any$xecurive VicaPresident or�y Vice President that is spccially E autiiar"v.ed by the Board of Directors or the Cf►sirman in concurret�ce with the Corpornte Secretary, shall have the poaver, by and with the •concurrence of the Secretary,to appoint Attornoy-in-Fact as the busincss of the Company may ret�uirq or to authorize any person or persons to execute on behalf of the Compeny any bonds,undertaldngs,recognizances,stipulaHons,policies,contcacts,agreements,decds,end releases aad assignments of judgements,decrees,mortgages and iastrtunents in the nature of mortgages,and also atl other instruments and dacameats wtvch thc business of the Company may require,and to affnc the seal of the Company thtreto:' E7tTRACT k`ROM BY LAWS OF COLONIAL AMERICAN CASUALTX A1�ID SURETX COMPANY "Article VI,Scction 2'Ihe Chairn�an of tho Board,or the President,or any$xecuHve Vico-President or any Vice President tf�at is speciaEly avthorizod by the Boazd of Directors or the Chaitman in concnrrence with the Corporate Secretary, shall hav� the pawer, by end witb the concurrence of the Secretary,to appoint Attorney-ia-Fact as the busiaess of the Comp�y may require,or to authorize any person or persons to cxecute on behalf of the Company any bonds,underCakin�s,rocognizencest stipulations,policies,.contraets,a.greements,deeds �a,r�.i��a .._._... . . � sssigaments o�judgements,c�eci+ers,mortgages and inskttments in the nature of mo�igages,and alsa all other instruments and documents which the business of thc Company may require,and to afHx the seal of thc Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELTTY AND DEPOSIT COMPANY OF MARYT.AIVD, and the COLONTAL AMERICAN CASUALTY Atv'D SUIt�'IY COMI'ANY,do henby certify tfiat the origiaat Power of Attorney of which the foregoing is a full,true aad correct copy, is in full force and eflect on the dato of th�s ceztificate;and T do further certify that the Vic�Presidcnt who executed t6e said Power of Attomey wes one of the additional Vice-Presidents apecialFy authoiized by the Boatd of Diceciors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the PIll�LITY AND DEPOSIT COMPANY OF MARYLAND, and tha COLONIAJ..AMERICAN . CASCJALTY ANA SURETY COMPANY. This�Power of Attorney and Certifcate may be signed by facsimile under and by authority of the following resolution of thc Boa�d of Direetors of iht FIDELI'FY ANA DEPOSIT COMPANY OF MARYT.AND,at s meeting duly catled and held on the 10`�day of May, 1990,and of the Sosud of D'uectors of the COLOMAT.AMERICAN CA,SUALTY AND ST7RB'TY COMPANY at a meeting duly ceiled and heid on the Sth day of May, 1994. RESOLVED: "That the facsimtle or mtchaniqlly reptnduced seal of the company end facsimile ar mechanically rtproduced signahue of any Vice-Ptesidtnt,Secretary,or Assistant Sccretary of the Cornpany,wheiher made heretafore or hereafter,wherever appearing upon s catified copy of any power of attomey issusd by the Company,sha{I be valid and binding vpon the Company with ffie same force and effect as though manually affixed." 1N TESTIMONY WHEREOF,I have herwnto subscribed my name and af�ixed the corporate seal of the said Companies on April 1, 2008 `*a oe�o�� eJ�1} �7 �`�' �}`*� /b�� , �Q.� ~ 4,• p BiiAM � //� ,r w.� Y ,��! !/ r � i �� r� wM o�� ' GeraldF.Haley Secretary University Park CFD P;oject#: CFD#2005-1.3(PW 626A-05) Premium Is Fa'Co+nradT�m �E�UTED IN FIVE COIINTERPARTS And Is SubJ'ect To AdJustment Bond No. 2064857 gased On Final Contract Price P1�EAITLTM: $32,419.00 CONTRACTOR PERFORMANCE BOND CITY OF PALM DESERT— MELLO-ROOS ACT BOND FORM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS Palm Desert Funding Company, LP, a Delaware limited partnership ("Lead Developer"), has awarded to PARSAM CONSTRUCTION, INC. 3334 BARNES �IRCLE GLENDALE, CA 91208 � 818/236-3633 � {Name, address, and telephone number of Contractor) ("Principal"�, a contract(the "ContracY') for the work described as follows: � � Pairn Desert CFD # 2005-1 (University Park) � Project No. CFD# 2005-1.3 (PW 626A-05) � WHEREAS, Principal is required under the terms of the Contract to furnish a bond for � the faithful performance of the Contract. � NOW, THEREFORE, we, the undersigned Principal, and � NORTH AMERICAN SPECIALTY INSURANCE COMPANY � 701 SOUTH PARKER STREET, SUITE 3800, ORANGE, CA 92868 714/550-7,799 � (Name, address, and telephone number of Surety) � ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Lead Developer, the City of Palm Desert (the � "City"}, and the City of Palm Desert Community Facilities District No. 2005-1 (University � Park) (the "CFD"} in the penal sum of TWO MILLION SIX HUNDRED FIFTY NINE THOUSAND � NINE HUNDRED SIXTEEN AND NO/100 ---------------------------------- � Dollars ($ z,659,916.00 ), this amount being not less than the total � contract price, in lawful money of the United States of America, for the payment of � which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and several(y, firmly by these presents. � � TNE CONDITION OF THIS OBLIGATION fS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, adminisirators, successors or assigns, shall in � all things stand to and abide by, and well and truly keep and perform all the � undertakings, terms, covenants, conditions and agreements in the Contract and any � alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects � according to their true intent and meaning, and shall indemnify and hold harmless the � � � Page H-1 � r � � � � � � � � � � / i i i i i � � � � STATE OF CALIFORNfA ) � ) SS. � COUNTY OF LOS ANGELES ) ! On February 21, 2007, before me, Ted A. Ziafathy, a Notary Public personally appeared � EDWARD PARSANIAN president of PARSAM CONSTRUCTION, INC. personally known 1 to me(or proved to me on the basis of satisfactory evidence)to be the person whose name � is subscribed to the within instrument and acknowledged to me that he executed the same � in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 � W1TNE hand and official seal. � �— � � Signature � � (Seal) MY COMMISSION EXPIRES 12/27/2007 TE�A. ZIAFATHY, NOTARY PUBLIC � TED hA�.µZ�{AF�A73 Y � 336 N. CENTRAL AVEfVUE, SUITE 6 �T�p�g�p�� GLENDALE, CA 91203 � � �os�Nc�couNn A (8'�8) 242-2400 COMM.EXP.DEC.17,20Q7� .. IFORNIA ALL•PURPOSE ACKNOWLEDGMENT No 5, tate of ��IFORNIA �OPTIONAL SECTION�� CAPACITY CLAIMED BY SIGNER oun of SAN DIEGO T � hough statute does not require the Notary to lill in the data below, doing so may prove invaluaWe to persons relying on the document. � 2/20/2007 before me, DEBORAH D. DAVTS, NOTARY Pi1BLTC � INDIVIDUAL DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARV PUBLIC' � ersonally appeared KAREN JEAN HALL ❑CORPORATE OFFICER(S) NAME(S)OF SIGNEH(S) 71TLE(S) personally known to me-OR - ❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) � LIMITED to be the person(s) whose name(s) is/are � GENERAL subscribed to the within instrument and ac- �AnoRNEv-iN-FACT knowledged to me that he/she/they executed �TRUSTEE(S) � 4��°� DEBORAH D.DAVIS the Samo in his/her/their authorized i �GUARDIAN/CONSERVATOR � N ,;' �� ,s, COMM.#1412744 � capacity{ies), and that by his/her/their � i a► o N07AFY PUBUGCAUFORNIA cn ❑OTHER: �i SANOIEGOCOUNTV N signature(s) on the instrument the person(s), � � °. '�• MyComm Exp APRi�2�.zoo� or the entity upon behalf of which the �,�� — � person(s) acted, executed the instrument. SIGNER IS REPRESENTING: � W�TNE.SS fT1�/ f1aflCj$f1C� OffIC18I S83I. NAME OF PERSON(S)OR ENTITY(�ES) � ,n �� SIGNATURE OF NOTARY OPTIONAL SECTION � �THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT CHE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT ��hough the data requested here is not required by law, �t could prevent fraudulent reattachment ol this form. SIGNER(S)OTHER THAN NAMED ABOVE + ��i'`f�CCCCCC�c c�r. University Park CFD Pro�ect#: CFD#2005-1.3 (PW 626A-05) City and the C�D, and their respective officers, agents, and others as therein provided, then this obiigation shall become null and void; otherwise, it shall be and remain in fuiJ force and effect. • fn case suit is brought upon this bond, Su�ety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or rnodification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any � way affect its obligations under this bond, and it does hereby waive notice of any such � change, extension of iime, alteration, addition, or modification to the terms of the � Contract or to the work or to the specifications th�reunder. Surety hereby waives the provisions of Californi2� Civil Code §§ 2845 and 2849. Each of the City and the CFD is a � principal beneficiary of this bond and has all rights of a party thereto. � FIVE (5) IN WITNESS WHERE4F, �� identical counterparts of this instrument, each of � which shall for all purposes be deemed an original hereof, have been duly executed by � Prin;ipal and Surety, on the date set forth below, the name of each corporate party � being hereta a�xed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Y Dated: FEBRUARY 20, 2007 � � "Principal" "Surety" � PARSAM CONSTRi1CTI0N, IN�. NaRTH AMERICAN SPECIALTY INSURANCE COMPAN�Y � )�1 ` a � � � ` BY:�-Dv�/PtRb f�A�i2SP�ni�f�N By: Y ItS�YQ S•\�Q ni� ItS �gEN J L, ATTORNEY-IN-FACT r r �Y:_.. � By: tits i�s � 1 (Sea1) (Sea/) � � ' Note: This bond must be executed!n dupficate and dafed, a!!siqnalures must be notarized, and evidence of the aufhority of any person signing as attorney-in•�act must be attached. 1 1 I I 1 • � Page H-2 I NAS SUI2ETY GROUP NORTH AMERICAN SPECIALTY INSUR.ANCE COMPANY WASHINGTON 1NTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY t�NOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organi2ed and existing under laws of the State of New Hampshire,and having iu principal office in the Cit}•of Manchester,New Hampshire,and Washington lnternational Insurance Company,a corporation organized and existing under the laws of the State of Ariaona and having its principal office in the City of]tasca, lllinois,each dces hereby make,constitute and appoint: J01-Tt�i MALONEY,HELEN MALONEY, MARK D.IATAROLA,KAR.EN JEAN HALL and MATTHEW C.GAYNOR 10[NTLY OR SEVERALLY lts we and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as iu act ar�d deed,bonds or other m-itings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulacion,contract or otherwise,provided that no bond or undenaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLlON(10,000,OW.00)DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted bv the Boards of Directors of both North American Specialty Insurance Company and Washington In�emationai lnsurance Company at meetings duly called and held on the?4�'of March,2000: "RESOI_VED,ihat any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assisiant Secretary be,and eacb or any of them hereby is authorized to execute a Power of Atiomey qualifying the aitorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to d.e execution of any such Power of Anomey and to attach therein the seal of the Company; and it is F11RTI-�R RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relaiing thereto by facsimile,and any sach Power of Attomey or certificale bearing suc6 facsimile signatures or faesimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or conuact of surety to which it is attached." iM��miu�y� iq �, .``E�TY. '��. q a 5;: o��G% � i�� ' s \�� 'A'•:�% ay �.��'� � ��:' S� :n Suvm P.Aiderwn.►rendeet @ C6ief Esac+rire Otfirn of Wu�u�ton I�tautianN lo�nwce Caep��y f� � ' �W';Z 1QJ3 y�:�= V�ce�nt ef Nsrtfi An�erin�Semaky Iro�rs�ce C�pwy ��L '�`� ��l:�` � ,�i /'//��nn�i��\�`� � r/1 � * By Dwid M.L�yxun.Y�ce�roidn�of Wahi��m I��er�atiroal ln,�nntt Com�anr 3 Vice Proiden��f Nanh American Syn[iYty Iwranc�Cwp�nr IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed,and these presenu to be signed by their authorized officers this 28th day of lune Zp06 � North American Specialty Insurance Company Washington International Insurance Companv I� State of Illinois � County of Du Page ss: � On this 28th day of 1�e ,20 06,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of W'ashington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, » Vice President of Washington International lnsuranee Company and Vice President of North American Specialty Insurance Compan}'. � personalh�known to me,who being b��me duly sworn,ada�ow{edged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of theu respective companies. � / � ro�a�.sEa�.� /�� G�-� �� +rp��° Susan Ansel,Notary Public N�r��iop�if�lt7� � I, Jarnes A.Carpenter , the duly elected Assistant cretary of North American Specialty Insurance Company and Washington � Intemational Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said horth Amcncan Specialty Insurance Company and Washington Internazional[nsurance Company,which is still in full force and effect. � P.J WITNESS WHEREOF,1 have set my hand and affixed the seals of the Compa�ies this 20Tday of FEBRi1ARY ZQ 0� � , c��,�.�� 1ms A.Carpen�er.Vice Preaidml k Assuuni$ecreW.of WaSAing�o�Inlertwuond Insurnu Comym�3 � Nonh Amenun Speci�n�Insurrce Compam � University Park CFO Project#: CFD#2005-1.3 (PW 626A-05) EXECi1TED IN FIVE COUNTERPARTS Bond No. 2064857 . PREMtUM{NCLUDEO IN PERFOFMAl10E BOP:D PAYMENT BOND (LABOR AND MATERIALS) CITY OF PALM DESERT— MELLO-ROOS ACT BOND FORM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS Palm Desert Funding Company, LP, a Delaware limited partnership ("Lead Developer"�, has awarded to P�SAM CONSTRUCTION, INC. 3334 BARNES CIRCLE GLENDALE, CA 91208 818/236-3633 (/Vame, address,and telephone numbero/Contractor) ("Principal"}, a contract (the "ContracY') for the work described as fol(ows: � Palm Desert CFD # 2005-1 (University Park) Project No. CFD# 2005-1.3 (PW 626A-05) � � WHEREAS, Principal is required under the terms of the Contract, the Mello-Roos � Communi#y Facilities Act of 1982, and the California Civil Code to secure the paymeni of claims of laborers, mechanics, materialmen, and other persons as provided by {aw. � � NOW, THEREFORE, we, the undersigned Principal, and � NORTH AMEP.Ii:AN SPEt;TALTY INSURANCE COMPANY � 701 SOUTH PARKER STREET, SUITE 3800, ORANGE, CA 92868 714/550-7799 (IVame,addr�ss, and telephone number of Surety) � ("Surety") a duly admitted surety insurer under the laws of the State of California, as � Surety, are held and firm{y bound unto Lead Developer, the City of Palm Desert, and � the City of Palm Desert Community Facilities District No. 2005-1 (University Park) in the � penalSum of �^10 MILLION SIX HUNDRED FIFTY NINE THOUSAND NINE HUNDRED SIXTEEN AND NO/100 ----------------------------------------- � � Dollars ($ 2,659,916.00 }, this amount being not less than one hundred percent � (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, � executors, administrators, successors, and assigns,jointly and severally, firmly by these � presents. � THE CONDITION OF TH1S OBLIGATION IS SUCH THAT, if the hereby bounded � Principal, his, her or its heirs, executors, administrators, successors or assigns, or � subcontractors shafl fai� to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code � � Page I-1 � �+ STATE OF CALIFORNIA � ) SS. COUNTY OF LOS ANGELES ) On February 21, 2007, before me, Ted A. Ziafathy, a Notary Public personally appeared EDWARD PARSANIAN president of PARSAM CONSTRUCTION, INC. personally krown to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS m hand and official seal. �— Signature '` (Seal) MY COMMISSION EXPIRES 12/27/200 TED A. ZIAFATHY, NOTARY PUBLIC TED A. ZIAFATHY � 336 N. CENTRAL AVENUE, SUITE 6 U Con+rv��t�.utr� GLENDALE, CA 91203 O • NOT/IRYPUBUC-CAUFORNIA� (818)242-2400 � �OS�NGEI.ES COUNTY Q COMM,EXP.OEC.27.2007-� � � � � � � � � � � � � � � � � � I I I I I I �IFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na s�s3 i �tate of �ALIFORNIA �OPTIONAL SECTION�� SAN DTEGO CAPACITY CLAIMED BY SIGNER ,ounty cf Though statute does not require the Notary to titl in the data below, doing so may prove invaluabie to persons relying on the document. �� 2/20/2007 betore me, DEBORAH D. DAVTS, NOTARY Pi1BLIC �INDIVIDUAL DATE NAME.TITLE OF OFFICER-E G,'JANE DOE,NOTARY PUBUC' �ersonally appeared KAREN JEAN HALL ❑CORPORATE OFFICER(S) NAME(S)OF SIGNER(S) � TtTLE(S) �personally known to me -OR-❑ proved to me o�the basis of satisfactory evidence ❑ PARTNEFi(S) � UMITEO to be the person(s) whose name(s) is/are � GENERAL subscribed to the within instrument and ac- �anoRNEY-iN-FACT knowiedged to me that he/she/they executed []TRUS7EE(S) th@ same 111 hIS/h@f/th81f 3UthOfIZ@d �GUARDIAN/CONSERVATOR � � � �� capacity(ies), and that by his/her/their SE" °'- DEBORAH D. DAVIS []OTHER: ' �� "� COMM.#1412744 signature(s) on the instrumeni the person(s), g `: �►' to NOTARYPUBLIC-CALIFORNIA c��i,� Of the entity upon behalf of which the � b� � SAN DIEGO COUNTY °,-,��a�� My Comm Exp APRIL 21.2U0� Person(s) acted, executed the instrument. � SIGNER IS REPRESENTiNG: W�TNES.S rT1y f1af1C�af1C� OffIC18I S88I. NAME OF PERSON(5)OR ENTITY(IES) � � SIGNATUFiE OF N07ARY OPTIONAL SECTION �IS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT �E DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT �ougn the data requested here is not required by law. :ould prevent fraudulent reattachment ot this torm. SIGNER(S)OTHER THAN NAMED ABOVE ��•�I"�r•CG'CL`tCC YR'�l�M �_______`______ " _ _ ' " " University Park CFD Project#: CFD#2005-1.3 (PW 626A-05) with respect to work or labor performed under the Contract, or for any amaunts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be perfortned thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. FIVE (S) IN WITNESS WHEREOF, ��(Q� identical counterparts of this instrument, each of which shall for afl purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate parry being hereto affixed and these presents duly signed by its undersigned � representative(s} pursuant to authoriry of its governing body. � Dated: FEBRUARY 20, 2007 � � "Principal" �--� "Surety" � PARSAM CONSTRUCTION INC. / NORTH AMERICAN SPECIALTY INSURAN(:E COMPANY � � � � s��,.D�lA R� 'PArZS AN�A�J By: � I[5 P�12S\Q^� 1tS��N J L, ATTORNEY-IN-FACT A�A �y:_�_ BY: � its �ts � {Seal) (Sea/} � � Note: This bond must be executed in duplicafe and dated,all signatures musi be noiarized, and � evidence of the autho�ity of any person signing as attorney-in-fac!musi be atfached. � � � Page I-2 � � NAS SIiRETY GROUP NORTN AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIUNAL INSURANCE COMPAI�'Y GENERAL POWER OF AT'I'ORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialry Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington Intemational Insurance Company,a corporation organized and cxisting under the laws of[he State of Arizona and having its principa]office in the City of Itasca, Illinois,each dces hereby make,constitute and appoint: JOHN MALONEY,HELEN MALONEY, MARK D.IATAROLA,KAREN IEAN HALL and MATTHEW C.GAYNOR JOINTLY OR SEVERALLY lu we and lawfu]Attorney(s)-in-Fact,to ma}:e,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contrac�s of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or controct or suretyship executed under this authority shall exceed the amount of: TEN MiLLION(10,000,000.00)DOLLARS � This Power of Anomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of * Directors of both North American Specialty lnsurance Company ar�d Washington Intemational lnsurance Company at meetings duly called and held � on the 24�'o1'March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secre[ary or any � Assistant Secretary be,and each or any of them hereby is authonzed to execute a Power of Attnrney qualifying the attomey named in the given Power y of Attomey to execute on behalf of the Company bonds,undertakings and ail contracts of surety,and that each or any of them hereby is authorized to A� attest to the execution of an}�such Power of Attomey and►o attach therein the seal of the Company; and it is � F[JRTT�R RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any snch Power of Auomey or to any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be � binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is avached." � �.�11W41111fy� � � ��Q��. .y.�°R,,•:�.q � �_ � �?r p+y� By .y ��' SFJ�L :n= Steren P.Aodersoa,TrtsiOnt&Chief Eiec�tire Officer of W nMiqo�I��ern�tional lasur��c�Gmp�ry Q �■ � � =W':= 14T3 W'n� Via haideM s!NertA Amenun Speci�Ny Iwwrwce Cw�ey .�G�L r �,j�� e:O� � � � • h�MpS�'�,•� . � �i��'y�H�'�`�� ,?� * 1 �S�''••.. c pnunW�a� gy � D�vid M.l�7waw.Vicc f rtaidot af W�shiwelw I�ternannal Inwranc�Cmpaoy& Vicr Proid`s�of N�nD American Syecialry luunnce Cwpany � IN V1'ITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their � official seals to be hereunto affixed,and these presen�s to be signed by their authorized officers this 28th day of,_ June ,zp� , � North American Specialty Insurance Company W'ashingion International Insurance Company � State of lllinois � County of Du Page ss: yOn this 28th day of June ZO 06,before me,a Notary Public personally appeared Steven P.Anderson President and CEO of W'ashington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, yVice President of Washington lnternational lnsurance Company and Vice Presidert of North American Specialty lnsurance Company, personally known to me,who being by me duly sworn,aclmowledged that they signed the above Power of Attorney as officers of and � � aci:nowledged said instrument to be the voluntary act and deed of theu respective companies. � �M ro�a`L"'�+'.�" / G�,� suaw� ,�� y M�YP�� Susan Ansel,Notary Public 1�1�r�tio��ifE�T�I� � 1, .lames A.Carnenter , the duly elected A i tant ecre of North American Specialty Insurance Company and Washington � Intemationat Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North American Specialry Insurance Company and Washington Intemational Insurance Company,which is still in full force and effect. � IT.�WITNESS WHEREOF,1 have set my hand and affixed the seals of the Companies this 20T�y of FEBRIJARY 20 07 r G�""``��`� � Jmt A Grpmte�.Vice P�e�dent&Assisuni Secreun of Washrng�on Iniemu�onal Insurnu ComDn�R � Nonh Amencan$peualn Insunnce Comy�m � PERFORMANCE WARRANTY BOND NORTH AMERICAN SPECIALTY INSURANCE COMPANY EXECUTED IN FI'S7E COUNTERPARTS BOND NO.2084857 KNOW ALL MEN BY 7HESE PRESENTS: That PARSAM CONSTRUCTlON, INC. as Principal, hereinaifer called Contracfor, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY,as Surety, hereinafter called Surety, are held and firmly bound unto PALM DESERT FUNDING COMPANY, LP as Obligee, hereinaffer called Owner, in the penal sum of$287,389.00 ,for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement, dated � ' �` b " ��? entered into a contract with Owner for PALM DESERT CFD NO. 2005-1 (UNIVERSITY PARK� PRO.fECT N0. CFD NO. 2005-1.3 {PW 626A-05) in accordance with the General Condifions, the Drawings and Specifications, which contract is by r�ferenc�'- incorporated herein, and made a part hereof, and is referred to as the Contract. NOW,THEREFORE,the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE{1) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; othenivise to remain in full force and effect. PR�VIDED, HOW EVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 1 ST day of FEBRUARY , 2008 . IN THE PRESENCE OF : PARSAM CONSTRUCTION. INC. (Seal) Principal By:- N T e -,. NORTH AMERICAN SPECIAL Y INSURA CE COMPANY By EN JE N L, ATTORNEY-IN-PACT S-2326-1 (07-97) CALIFORNIA ALL-PURP4SE ACKNOWLEDGMENT No.5193 � ��OPTIONAL SECTION�� State of California � CAPAGITY CLAIMED BY SIGNER fi, SAN DTEGO � 7ho h statute does not C011ll Of �9 require the Notary to `� till in ihe data below, doing so may prove invaluable to persons relying on the document. On 02/O1/2008 before me, DEBORAH D. DAVIS, NOTARY PUBLIC ❑INDIVlDUAL personaliy appeared KAREN 3EAN HALL ❑CORPORATE OFFICER(S) who proved to me on the basis of satisfactory evitlence to he the person(s) whose name(s) is/are TITLE(S) subscribed to the within instrument and acknowledged �PARTNER(S) � LIMITED to me that he/she/they executed the same in his/her/ ❑GENERAL their authorized capacity(ies), and thai by hismedtheir �A�ORNEY-IN-FACT signature(s)on the instrument the person{s),or the entity ❑TRUSTEE(S) upon behalf of which the person(s) acted, executed the �GUARDIAN/CONSERVATOR . , ^ ., a,� --- , instrument OTHER: . ��., � , DEBORAH D.DAVIS� ❑ c COMM.t►1737a1� I certify under PENALTY OF PERJURY under the laws of � ,� o NOTARY PU�UC-CALIFOFNIA � the State of California that the foregoing paragraph is � �� • snr�o�Eco courm true and correct. �„ p� My Comm.Exp. APRIL 21,201� SIGNER IS REPRESENTING: WITNESS my hand antl official seal. r,�rne oF aeasor,�s�oR er,TrrvpEs� (�-..� Signature of Notary OPTIONAL SECTION TH1S CERTIFICATE MUS7 BE ATTACHED TCI. TITLE OR TYPE OF DOCUMENT TWE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though iho data requested here is not required by law, it could preve�t fraudulent reattacFunent of thls torm. SIGNER(S)O7HER THAN NAMED ABOVE • ' EXECUTED IN FIVE COUNTERPARTS • � BOND NO. 2064857 .: r - r rn� a -. r � f � . f. , + . yf �i�. -,-. �.� � t ?.. � �r r: < t )�J� ^ ' � - t �� C'Y '' y . . ' �'j it 1 I �.tsMtr- d37t tsr..,;s ! : ...� . > 7Multiple Obligee R�der : , , r� `� , ' '�a ., � North American Spedally Insurance Company } ° �� ° �Q i � t �.. <{ !' N '1 .� ) 5 . . Y +' �. .� t � ( -4 � �, ..r} - '� � ... 4.:. Washington Intemational Insurence Company ' ` `� f � > ,..�,.. ; , ,., • ... ........ .,� ,..... . ., . ��.....:. ... . .,.. .. TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond No. Z064857 ,dated concurrently with the execution of this Rider, issued by the North Arr�eripn Speaalty Insurance Company, a New Hampshire Corporation, as Surety, on behalf of PARSAM CONS7RUCTIQN. INC. , as prindpal, and in favor of PALM _DESERT �UNQING COMPANY. LP ,as obligee. IT IS HEREBY UNDERSTO�D AND AGREED that the above descrlbed hond(5) fs(are)amended to include CIiY OF PALM DESERT AND CIrI' �F PA M DESER7 COMMUNITY FACILITIES DISTRICT Na. 2005-1 ,as additional ablfgee(s} Tf TS FURTHER UNDERSTOOD AND AGREED that the above described bond(s) is(are) amended to include the foilowing Paragraphs: Notwithstanding anything contained herefn to the contrary, the prindpaf and surety shall not be Ilable under tl�is bond to the Obligees or elther of them, unless the said Qbligees, or elther of them, shall make payment to the prinapal in accordance with the terms of sald contract as to payments, and sf�all perform af{ the other obligations to be performed under sa�d contract and bond at the time in the manner therein set forth, provlded however, that if said contract or bond sha/I be deerrred unenforceable for any reason,the rider sha///ikewise be deemed unenfo�ceab/e. The aggregate liability of the surety hereunder to Qbligees Is limited to ti�e penal sum above stated and surety, upon making payment hereunder,shall be subrogated to, and shall be entlNed to an assignment of all rights of the payee, elther against prinapal or against any other party liable to the payee on the discharged obligation. Nothing herein contained shall be held to change, alYer or vary the terms of the above described bond(s) ex�ept as hereinbefore sek forth. � SIGNED,SEALED AND DA"fED this i�T day of FEBRUARY. 3Q4$, PALM DESERT FUNDING COMPANY, LP PARSAM CONSTRUCTTON, INC. BY: BY: ��vJA. � P;p,QSA-�1A�I First Obligee CITY OF PALM DESERT NORTI�i RICAN SPECIAL IN COMPANY BY: BYs Second Obligee KARE JEAN , ATTORNEY—IN—FACT CITY OF PALM DESERT COMMUI3ITY FACILITIES DISTRYCT NO. 2005-1 BY: Third Obligee NAS SURETY GROUP I�'ORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHI�IGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNO W ALL MEN BY THESE PRESENTS,THAT jJorth American Specialty Insurance Compeny,a corporation duly organized and existing undcr la�vs of the State oPNew Hampshire,and having ils pra�cipal office in the City of Manchester,t�Iew Hampshire,and Wasl�ington Intetnational Insurance Company,a corporation organized a��d existing under the luws of die Seate of Arizona mid having its principal office in the Ciry of Itasca, [llinois,each does Itereby make,constitute and appoint: JOHN MALONEY,HELE;�(MALONEY,MARK D.IATAROLA, KAItEN JEAN HALL and MATTHEW C.GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf And as its act and deed,bonds or od�er�vritings obligatory in the nature of a bond on behalf oFeach of said Companies,as surety,on contracts of sureryship as are or may be required or permitted by la�v,regulatio�i,contract or othenvise,provided fl�at no bond or undeRaking or contract or suretyship executed under this authority shall cxceed the amount of: TWENTY-FIV6 MILLION($25,000,000.00)DOLLARS This Power of Attontey is granted and is signed by facsimile under and by the authority of die following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Wasl�ington Intentationa{Insurance Company at meetings duly called and held on the 24�'of;viaroh,2000: "[tESOLVED,t[iat a��y hvo of Uie President,any Executive Vice President,any Vice President,a��y AssisEant Vice President,the Sccretary or any Assistant Sccrctary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomey named in the given Power of Attorney to execute on beha(f of the Company bonds,undertakings nnd all contracts of surety,and ehat each or any of them hereby is authorized co attest to tlie execution of any such Power oLAttorney and to flttach therein the saal of tlie Company; azid it is ._ �__ PURTI�R RESOLVED,that the signawre of such officers and the seal of the Company may be affixed to any sucli Power of Attomey or to a��y certificate rcla[ing tliercto by facsimile,and any suclt Po�ver of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so afTixed and in Q�e tutu�e widt reoard to eny boud,undertaking or con�ract of surety to which it is attaclted." ``��►UITy�tib,,y, .�t1tOfUj j'''�o :yQ �o G. �.�,�'�� NG'-. •4 �>�,�.� _\ �.»., `�?, SEIIL :cyi n S�esen P.Ande�non,PralJent&C61ef Eattuiive Officer oflVmhinploa Internotiond in�uranee Coapany& ^��P��= �W;= �973 P�;�? V[teYrafdenlofNorlhAmerian5pecialeyfnsunnceCompaa�• z�' S�nl ;�: �j;�• ,ZA:� �� ARI2GNIl,r�i�`' '/��p��n m�`�ti��``\� B f/.�rcC? ` ',F��n*N'��?', . � Y- m...in DarlJ DI.Lqm�o,Vlce Pmldeol of Watlduplon[nlemaUonal Io�urmee Company& Vice P�esiJn�1 of Von6 Ame�iean Speclally Iroutnnce Comp�ny IN W["I'NCSS WHEI2LQF,Norlh American Specialty Insurance Company and Washington International Insurance Company have caused their official seals lo be hereunto affixed,and these presenLs to be signed by their authorized officers U�is 3fl� day of January 20 08 Pforth Amcrican Specialty Insursincc Company Washington Intcrnationul Insurancc Company State of Illinois County of Du Page ss: On tliis 30th day of lanuary ,ZO Og,before me,a Notary Public personally appcared Stcvcn P.Anderson ,President and CGO of Washington Internationa!Insurat�ce Company and Vice President of North American Specialty Insursnce Company and David M.Layman, Vice President of Washington Ii�temalional Insurance Company and Vice President of North American Speciatty Insurance Company, personally known to me,who being by me duly swom,�►cknowlcdged tlia[they signed die ubove Power of Attorney as officers of and ackc�owledged said instrument to be the voluntary acl and deed of their respective companies. "OTFICL�L S�AL" �� 5U3AN ANSEL � Nola7°utl�c,Staieotqrnds Susan Msel,Notary Public fJ,y Commissiort Fa�FlresT�6�,'OB I, James A.Carpenter , tlie duly eleeted Assistant S�ec�eta�v of North American Specialty lnsurance Company and�Vasliington Intemational lnsurance Company,do hereby eertify that the above und foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington[nternational Insurence Company,which is sGll in full force and efE'ecl 1ST FEBRUARY OS IN�'V!'fNESS WHEREOF,I have sct my hand and uft'ixed the seals of d�e Companies this�day of .20r �'��`� JarrKs A.Cupenter,Vlce Praidm�d Auivan�Secrauy oC Wast;,nyan�n�ommfon�d t,++wanc�Cemp�Y a . Nonh Ameiican Spaidry Insmonee Compa�• .