HomeMy WebLinkAboutContracts & Agreements_110-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 10/29/2007
427
LARRY WALKER BN PM
9
Auditor/Controller — Recorder
RECORDING REQUESTED BY;
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK Dock 2007—0605525 Titles: 1 Pages:
CITY OF REDLANDS Fees 0.00
Taxes 0-00
35 CAJON STREET Other 0�00
P.O. BOX 3005 PAID $0.00
REDLANDS, CA 92373
FEES NOT REQUIRED
PEK"ERNIAEW 6096
SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is CITY OF REDLANDS
3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005, REDLANDS, CA 92373
4. The nature of the interest or estate of the owner is IN FEE
5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as
tenants in common are NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on October 24, 2007
The work done was street and storm drain construction and traffic striping.
7. The name of the contractor for such work of improvement was Palm Canyon Contractors,Inc.,P.O.Box 656,
Yucaipa, CA 9239$ Contractor's License No. 766005; and Date of Contract was June 19, 2007
8, The property on which said work of improvement was completed is in the City of Redlands, County of San
Bernardino, State of California, and is described as follows:San Mateo Street Reconstruction and University
Street and Brockton Avenue Improvement Project, Contract No. 208300-7230141023
9. The street address of said property is: City of Redlands, 35 Cajon Street Suite 222, Redlands CA, 92373
Dated: October 25, 2007 1
Zove-- 4�/
Associate Civil Engineer
Public Works Department,City of Redlands
VERIFICATION
1,the undersigned,say I am the Assistant Public Works Director of the declarant of the foregoing Notice of Completion,
and have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 25,2007, at Redlands, California.
Assistant Pub b orks Director
Public Worl Vrtment,City of Redlands
AGREEMENT
THIS AGREEMENT, made and entered into this 19" day of June, 2007, by and between the City of Redlands, a
Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as
the "City," and Palm Canyon Contractors, Inc., of the City of Highland, County of San Bernardino, State of
California, hereinafter referred to as the"Contractor,"
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform
construction of the San Mateo Street Reconstruction &University Street and Brockton Avenue Improvement
project,complete, all as shown, specified, and made a part of Contract No. 208300-7230/41023.
2. For the Contract Sum of S 463,151.00,in accordance with the terms and conditions of the Contract Documents.
Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities
with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant
to and Escrow Agreement.
3. Time for Completion. The work shall be completed within forty-five(45)work days from and after the date
of the Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in
damages being sustained by the City. Such damages are,and will continue to be, impracticable and extremely
difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum as set
forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion
of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages
amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work
within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit:
Notice Inviting Bids;Instructions to Bidders;Proposal and Bid Forms;Bid Bond;Agreement;Performance and
Payment Bonds; Standard Specifications and Standard Plans for Public Works Construction; Contract
Documents and Supplemental Specifications; all referenced specifications; and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of
this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its
reasonable attorney's fees.
7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees
from and against any and all claims, losses, damages, and causes of action, including death, brought by any
person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees
or agents in connection with the performance of the Contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this contract shall
name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under
this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
maintained by the City.
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall
be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts code
(commencing with Section 20104). All claims shall be in writing and include the documents necessary to
substantiate the claim. Nothing in subdivision (a)of the Public Contracts Code Section 20104.2 shall extend
the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor.
?-I
Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this
Contract, the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs
incurred in providing the notification required by Public Contract Code section 9201(b).
10. EligibilitvofContractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public
Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are
not debarred and are eligible to work on this project.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will
be binding on another party without the written consent of the party sought to be bound.
12. Successors and Assigns. The City and Contractor each binds itself, its partners,successors,assigns and legal
representatives in respect to all covenants,agreements and obligations contained in the contract docurnents.
13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law
or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon
the City and Contractor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CITY SEAL
By: Mayor
Pro Tem for
Mayor,City of Redlands
County of San Bernardino,California
ATTEST:
City C,1erk,City of Rtd)'
CaliforniaCountyof San Bema C
Palm Canyon Contractors, Inc.
Name of Contractor
CONTRACTOR SEAL By:
Signature of Authorized Agent
16- 4-
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
823760 A
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
SAN MATEO STREET RECONSTRUCTION &
UNIVERSITY STREET and BROCKTON AVENUE IMPROVEMENT
CONTRACT No. 208-300-7230/41023
Every employer except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly authorized to write
compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate of consent to self-insure, either as an
individual employer or as one employer in a group of employers, which may be given upon furnishing
proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing the performance of the work of this
contract. (Labor Code Section 1861
Date
-Palm Canyon Contractors, Inc.
Name of Contractor
By:
S,inature of Authorized Agent,
Signaton,'s Title
823 760 A
Contractor's License No.
w
City of Redfands
Public Works Department x
NOTICE OF AWARD
TO: Palm Canyon Contractors,Inc.
8203 Alabama Street
Highland, CA 92346
San Mateo Street Reconstruction&University Street and Brockton Avenue Improvement Project
Contract No. 208300-7230141023
The City has considered the bid submitted by you for the above-described work in response to its Notice
Inviting Bids dated May 2, 2007,and Information for Bidders.
You are hereby notified that your bid has been accepted for construction of the work in the amount of
$463,151.00,being the Total Bid Price.
You are required under the terms of the Notice Inviting Bids and the Information for Bidders to execute the
Agreement and furnish the required bonds and certificates of insurance within 14 days from the date of this
Notice.
If you fail to execute said Agreement and furnish said bonds and certificates of insurance within 14 days from
the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's
acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to
such other rights as may be granted by law.
You are required to acknowledge and return one original of this Notice of Award to the Owner and keep the
other original for your records.
Dated this 2&day of June, 2007.
PUBLIC wOM DIRECTOR
ACCEPTANCE OF NOTICE
J�-
Receipt of the foregoing Notice of Award is hereby acknowledged on this.4—I day of June, 2007.
�4m- r^p,4011
NAME OF CONTRA R
AtJMORI7.ED AGENT
TME
"Preserving the Past, Protecting the Future"
P.O.BOX 3005 • REDLANDS,CA 92373 • wwwxLret#ands ca.us
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 661120951
COUNTERPART NO. 01 OF PREMIUM: $8,047.00
PERFORMANCE BOND
WIlEREAS, the City Council of the City of Redlands, Mate of California(hereinafter designated as"City"),and
Palm Canyon Contractors, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements,which by said agreementdated June
19, 2007,and identified as Contract No.208300-7230/41023, is hereby referred to and made a part hereof;and
WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the
work, to furnish a good and sufficient faithful,performance bond with the City.
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the
City in the sum of - dollars($ 463,151.00 )
for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors and
administrators,jointly and severally,firmly by these presents, * Four Hundred Sixty Three Thousand One Hundred
Fifty One Dollar's and 00/100s
The condition ofthis obligation is such that iftbe above bounded Principal,his orher heirs,executors,administrators,
successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,
conditions,and provisions in the said agreement and any alteration thereof made as therein provided, or his or her
part,to be kept and performed at the time and in the manner therein,specified, and in all respects according to their
true intent and meaning,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents,
and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain
in full force and effect,
As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included
costs and reasonable expenses and fees,including attorney's fees incurred by the City in successfully enforcing such
obligation,all to be taxed as costs and included in any judgement rendered,
The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terns of the
agreement or to the work to be perfonned thereunder or the specifications.accompanying the same shall in anywise
affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terms of the agreement or to the work or to the specifications.
W WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on July 2 , 2007. Bond No. 661120951
Palm Canyon Contractors, Inc. (SEAL) Linc General Insur (SF...IL)
Principal Surety
Si atura Sign Ur
Julia B. Leonard, Attorney In Fact
A 55.701 B Street, Suite 2100
San Diego CA 92101
{Notarial Acknowledgments of Principal and Surety) Telephone. ( 8O0 903 - 5489
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On JUL 0 2 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD
Name(s)of Signer(s)
® 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
( ( I QUALLS signature(s) on the instrument the person(s), or the entity upon
COMM. #1704204 , behalf of which the person(s) acted, executed the instrument.
NOTARY PUBLIC CALIFORNIA
-` RNERSIDECOUNTY
v My comm.Expires Nov.11,2010 WITNESS my hand and official seal.
b- , L&
Signature of Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee nleffjl�tvjm ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator -
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
State of California
ss.
County of San Bernardino
On July 5.2007 , before me, Jeannette D Christensen Notary Public,
personally appeared Donald G Hudson
X personally known tome
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.
DPhi
WITNESS my hand and official seal.
COMMbstor# iO3b2Ai
NotWv KMC COWOM10
r
Sw m rdind G
N `r
r
LINCOLN GENERAL INSURANCE COMPANY
ISSUED IN TWO ORIGINAL COUNTERPARTS
COUNTERPART NO. 2L OF POWER OF ATTORNEY BOND NO. 661120951
KNOW ALL 1f1I BY THESEPRESENIITS;That Lincoln General Insurance Company,organized and existing by-,4rr1jc of the
Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint:
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard
Its true and hw4u] Att torricy(s)-in-Fact t to sfsi,seat and execute for and on its behalf, as surety,bonds,undertalcings, and other
obligatory instruments of similar nature,and to bind it thereby as fully and to the same extent as if swch inVaurneats were signed
by a duty-authorized oTicer offhe corporation,and all the acts of said Attorney,pursuant to Tho-authority hereby given ate hereby
ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed,scaled and notarized with.facsimile signatures and seals under
authority of 1he following resolutions adopted by the Board of Directors of Lincoln General Insurance Company an the 0 day of
Sepftmbtr,22002.
RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,togeth4r with the
Secretary or any Assistant Secretary are hereby-authorized to execute Powers Of Attorney appointing the person(s)named as
Attomey(s)-in-Fleet to date,execute sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakanA mid
other similar-contracts of suretyship,and any related documents.
RESOLVED FURTHER that the Signatures of the officers making the appointment, and the signatum of any oilt=certifying
the validity and c=ent status of the appointment may be facsimile representations of those signtitures;and the signature and sea]
of any notary,and the'seal of the Company,may be facsimile representations of those signatures and seals, and such ftbsimUff
representations of those sig-natures and seal; and such facsimile representations shall have' the same force and effect as if
mantiallyaffixed. The facsimile representations referred to herein maybe affixed by stamping,printing,typing or photocopying.
IN WMESS WHEREOF,Lincoln General Insurance Company has caused its corporate seal to be affixed and these prescm:to
be signed by its duty authorized officers this T516 day of0cfober,2004. utannmray
W. o oomrea. C%S
Z
z 1977
Secretary 'Pllw&�lbb r
..........
On this 15'day of October,2064,before me personally came John T. Clark,to me know-4 who being duly sworn,did depose
and say-that he is the President of the Corporation described in and which executed the above insfrurnerw.that he knimvs the sealai!6xed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of said Company;and that he executed the said instrument by like order and authority and the same was his hea ac't'and deed.
71ie
ie Commonwealth of Pennsylvania
York County NOMIX SM
REWM L KMYACSY'
Notary Putift
YORK MYORK COdW
"ny:T
MV Com[ D*w Oct 2:9, — I
1,Crary J.OrndorX Secretary of Uncbln General Insurance Company,a corporation of the Commonwealth of Peunsylvania do
hereby certify that the above and.foregoing is a full,true and COM:ct copy of Power of Attorney issued by said ConTany,and of
the'%ftle of the otiginal and that the said Power of'Att set
is still-in full lbrce and effect and hits not been revoked, and
fbrffi=wm that the Resolution pf the Board dDirectors,set forth in the said Power of Attomey is now In force. -
IN WrMESS WHEREOF, I havv hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
2nd day of Jul 2007
p
4i0
17 Gk Sucre ery
1111t 3lk
r a.
ISSUED IN TWO ORIGINAL COUNTERPARTS BAND N0. 661120951
COUNTERPART NO. [ OF PREMIUM: INCLUDED IN THE PREMIUM
PAY1'VIET BO�iYU CHARGED FOR THE PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as"City"),and
Palm Canyon Contractors, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agreesto install and complete certain designated public improvements,which by said agreement dated June
19,2007,and identified as Contract No.208300-7230/41023, is hereby referred to and made a part hereof;and
WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of'the
work,to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which
reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State
of California,
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the
City and all contractors,subcontractors,laborers,materialrnen,and any other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of
* dollars(S 463,151.00 )for materials
furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to
such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,
and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof,costs and reasonable
expenses and feis, including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in.the judgement therein
rendered. * Four Hundred Sixty Three Thousand One Hundred Fifty One Dollar's and 00/100's
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies
and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the
Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed.,then this obligation shall become nail and void; otherwise it
shall be and remain in full force and effect,
The surety hereby stipulates and agrees that no change, extensionn of time,alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia
affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terrns of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the.Principal and surety named,
on July 2 ,2007. Bond No. 661120951
Palm Canyon Contractors, Inc. (SFAL) Lincoln General insurance Company (5E,L),
Principal Surcty j
S ts°
By. 1
ipature S gfi tJulia B. Leonard, Attorney In Fact
Address: VI B Street, Suite 2100
San Diego CA 92101
903
(Notmrixl Ackrtewledgments of Principal and Surety) Tclephone; (_1D0__) - 5489
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On JUL a 2 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD
Name(s)of Signer(s)
® 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
�M. QUALLS his/her/their authorized capacity(ies), and that by his/her/their
COMM. #1704204 A signature(s) on the instrument the person(s), or-the entity upon
NOTARY PUBLIC-CALIFORNIA N behalf of which the person(s) acted, executed the instrument.
RIVERSIDE COUNTY
My Comm.Expires Nov.11,2010 WITNESS my hand and official seal.
ave'
Signature of Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee NIMISM1111111MIXA. ❑ Trustee ,
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
State of California
ss.
County of San Bernardino
On July 5, 2007 . before me, Jeannette D Christensen, Notary Public
personally appeared Donald G. Hudson
X personally known to me
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.
JEANNM D.CHMSTEMN WITNESS my hand and official seal.
m Caftmia
5,201
LINCOLN GENERAL INSURANCE COMPANY
ISSUED IN TWO ORIGINAL COUNTERPARTSBOND NO. 661120951
COUNTERPART NO. OF POW-TR OF ATTORNEY
KNOW ALL MEIN BY THESE PRES�iTS;That Lincoln General Insurance Company,organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania,does hereby non-dnate,constitute and appoint:
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard
Its true and lawful -Attorricy(s)-in-Fact to sl_m seat and execute for and on its behalf,as surety,bonds,undertakings, and other,
obligatoryinstruments of similar nature,and to bind it thereby as fully and to the same extent as if such instruments were Signed
by a duly-authotized offica of corporation,and all the acts of said Attorney,pursuant to the-authority hereby given ate hereby
ratified and confirmed.
RESOLVE])that this Power of Attorney is granted and is signed,scaled and notarized with facsimile signatures and seats under
authority of'the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 41h day of
Septtiriber,2002.
RESOLVED that the Fr:;sidcnt,an Executive,or Senior Vice President,or any Vice President of the Company,together with the
Secretary or any Assistant Secretary are hereby-authorized to execute Powers of Attorney appointing the parson(s) named as
Atrorney(s)-in-Fhct to data,execute sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertak-ings,and
other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signatura of any officer oertifying
the validity and current status of rho appointment may be facsirnile representations of those signatures;and the signature and seat
of any notary,and the seal of the Company,may be facsimile representations of those signatures and seats, and such facsimile
representations of those signatures and sods, and such facsimile representations shall have the same force and effect as if
martuallyaffixcd. The facsimile representations referred to herein maybe affixed by stamping,printing,typing or photocopying.
N WITNESS ViHEREOF.Lineafn General insurance Company has caused its corporate seat to be affixed and these presents:to,
be signed by its duly authorized officers this T5'h day of October,2004. t=�
stf,
_Z
.00"rej., -.CIS
0
1N.'• 1977
Pmr!&V ;A .
On this 15"'day of Octobcr,2064,,before me personally came John T. Clark,to me know-4 who being duty sworn,did depose
and say:that be is the President of the Corporation described in andv6ich executed the above instrument,that he kninvs the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Bo'ard of Directors
of said Company;and that he executed the.said instrument by like order and authority and the same was his free act'and deed.,
7be Commonwealth of Pennsylvania
York County
NOML4 SM
REWEE L)WVACSY*
notary Pubft
YORK CITKYORK COUNTY
MV Camrr*gon 1:4p lm Oof am]2
I 291, W8'
1,Caryl.OrndojA Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth otPerinsylvaniado
hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney Issued by said Con4wy,and of
the'vAola of the original and that the said PoWer of Attorney is still in t1l lb.rm and effect and has not been revoked, and
furthermore that the Rmfution of the Board dDir6etom set forth in the said Power of Attorney is now in force.
N wr N. Ess WHEREOF. I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
2nd day of July 2007
INSIJ
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