HomeMy WebLinkAboutContract 47119 Developer and Project Information Cover Sheet:
Developer Company Name: Lennar Homes of Texas Land and Construction, Ltd.
Address, State, zip Code: 1707 Marketplace Blvd, Suite 100 Irving TX 75063
Phone, E-Mail: 469-587-5206, David.Aughinbaugh@Lennar.com
Authorized Signatory/Title: Stewart Parker/Vice President
Project Name and Brief Description: Water, Sewer, Paving, Drainage, Street Light, and
Street Sign Improvements to serve Sendera Ranch East Phase 11
Project Location: North of Salida Road
Plat Case No.FP-o35Plat Name: Sendera Ranch East
Mapsco: 6E Council District: 2 City Project No: 02615
CFA:2015-068 DOE: 7478
To be complete y staf, e-/a
Received by: Date:
f 01
R�CEI
2Vni 2615
�Vim{SECR�ARY h
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Combined CFA Agreement—Revised January 2014
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. I
WHEREAS, the undersigned Developer ("Developer") desires to make certain
specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as senders Ranch East Ph.tt (`Project")
within the City of Fort Worth, Texas (`City"); and
WHEREAS, the City has no obligation to participate in the cost of the
Improvements or Project; and
WHEREAS, any future City participation in this CFA is subject to the availability
of City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community
Facilities Agreement (`CFA" or "Agreement") in connection with the Improvements and the
Project.
NOW,THEREFORE, For and in consideration of the covenants and
conditions contained herein,the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March
2001, approved by the City Council of the City of Fort Worth, as amended, is
hereby incorporated into this Agreement as if copied herein verbatim.
Developer agrees to comply with all provisions of said Policy in the
performance of its duties and obligations hereunder and to cause all
contractors hired by Developer to comply with the Policy in connection with
the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6,
Section 1I, of the Policy and recognizes that there shall be no reduction in the
collateral until the Project has been completed and the City has officially
accepted the Improvements. Developer acknowledges the
acceptance process requires the Developer's contractor(s) tOFEW KRECORD
2 CITY SECRETARY
FT. WORTH, TX
affidavit of bills paid signed by its contractor and consent of surety signed
by its surety to ensure the contractor has paid any sub-contractors and
suppliers in full. Additionally, the contractor must also provide in writing
that the contractor has been paid in full by Developer for all the services
provided under their contract.
C. Developer agrees to cause the construction of the Improvements contemplated
by this Agreement and that said construction shall be completed in a good and
workmanlike manner and in accordance with all City standards and the City-
approved construction plans, specifications and cost estimates provided for tine
Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water (A) ✓ _Sewer
(A-1) ✓ Paving (B) ✓ _ Storm Drain (B-1) ✓ , Street Lights & Signs
(C) ✓
E. The Developer shall award all contracts for the construction of tine
Improvements in accordance with Section II, paragraph 7 of the Policy and the
contracts shall be administered in conformance with paragraph 8, Section II, of
the Policy.
F. For all Improvements included in this Agreement for which the Developer
awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed,
said contractor to meet City's requirements for being prequalified, insured,
licensed and bonded to do work in public streets and/or to perform
water/waste water construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100%) of the contract price of the Improvements, and a maintenance bond
in the name of the City for one hundred percent(100%) of the contract price
of the Improvements valid for a period of two (2) years from the date of
final acceptance insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of
Combined CFA Agreement—Revised January 2014
Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer-awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required by
said documents and same will be evidenced on the Certificate of Insurance
(ACORD or other state-approved form) supplied by the contractor's
insurance provider and bound in the construction contract book.
iv. To require its contractor to give at least 48 hours' advance notice of intent
to commence construction to the City's Construction Services Division so
that City inspection personnel will be available; to require the contractor to
allow the construction to be subject to inspection at any and all times by
City inspection forces, to not install or relocate any sanitary sewer, storm
drain, or water pipe unless a responsible City inspector is present and gives
his consent to proceed, and to make such laboratory tests of materials being
used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City in order to schedule a Pre-Construction Meeting. The
submittal should occur no less than 10 working days prior to the desired
date of the meeting. No construction will commence without a City-issued
Notice to Proceed to the Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement until said sewer and water mains and
service lines have been completed to the satisfaction of the Water
Department.
G. Developer shall provide, at its expense, all engineering drawings and
documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the Improvements contemplated herein.
I. City shall not be responsible for any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the
4
community facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the
City harmless for any inadequacies in the preliminary plans, specifications
and cost estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer and required for the
construction of the current and future improvements provided for by this
Agreement.
L. The Developer further covenants and agrees to, and by these presents
does hereby, fully indemnify, hold harmless and defend the City, its
officers, agents and employees from all suits, actions or claims of any
character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to any
property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said
Developer, his contractors, subcontractors, officers, agents or employees,
or in consequence of any failure to properly safeguard the work, or on
account of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub-contractors, officers, agents or
employees, whether or not such iniuries, death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort Worth, its
officers,servants, or employees.
M. Developer will further require its contractors to indemnify, defend and
hold harmless the City, its officers, agents and employees from and against
any and all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or
damages to persons or property, including death, resulting from, or in any
way connected with, the construction of the infrastructure contemplated
herein, whether or not such injuries, death or danhaaes are caused, in
whole or in part, by the alleged negligence of the City of Fort Wortlh, its
officers, servants, or employees. Further, Developer will require its
contractors to indemnify, and hold harmless the City for any losses,
Combined CFA Agreement—Revised January 2014
damages, costs or expenses suffered by the City or caused as a result of said
contractor's failure to complete the work and construct the improvements
in a good and workmanlike manner, free from defects, in conformance with
the Policy, and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the
Improvements, Developer will assign to the City a non-exclusive right to
enforce the contracts entered into by the Developer with its contractor along
with an assignment of all warranties given by the contractor, whether express or
implied. Further, Developer agrees that all contracts with any contractor shall
include provisions granting to the City the right to enforce such contracts as an
express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and
material testing fees equal to two percent (2%) for a total of 4% of the
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to
four percent (4%) and material testing fees equal to two percent (2%) for a
total of 6% of the developer's share of the total construction cost as stated in
the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years,
provided, however, if construction of the Improvements has started within
the two year period, the developer may request that the CFA be extended
for one additional year.
ii. Nothing contained herein is intended to limit the Developer's
obligations under- the Policy, this Agreement, its financial guarantee, its
6
agreement with its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements
if at the end of two (2) years from the date of this Agreement (and any
extension period) the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the
completion of the construction of the Improvements or to cause the payment
of costs for construction of same before the expiration of two (2) years if
the Developer breaches this Agreement, becomes insolvent or fails to pay
costs of construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement and the
Developer's contractors and/or suppliers are not paid for the costs of
supplies and/or construction, the contractors and/or suppliers may put a lien
upon the property which is the subject of the Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Combined CFA Agreement—Revised January 2014
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed
in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City
Secretary, with the corporate seal of the City affixed, and sai -eve oper has ex:ecut this
instrument in quadruplicate, at Fort Worth,Texas this day of
, 2015
CITY OF FORT WORTH-Recommended by:
Water Department Tr a sportation& Public Works Department
Wendy C i-Babulal, EMBA, P.E. Douglas . Wiersig, P.E.
Development Engineering Manager Director "
Approved as to Form &Legality: approved by City ltlanager s Office
Douglas W.Black Te" 'T aoI ,&
Assistant City Attorney Assistant City Manager
M&C No.
Date: 16% �ORr�0
-47 <-- �73 14
0oo0ooa,o a
ATTEST: pp��e 0 0o� 0d
0 0
0 °owr�
0 0
0 0
K � *00 00°'K
Citry
S �� 00000000" cr
y
ATTEST: DEVELOPER:
Lennar Homes of Texas Land and Construction, Ltd.
By:Len Texas Holding Company,its general partner
Signature Signature
(Print)Name: Print Name: X10-2 NG-U YF`,U
Title: A"6i5A--)-r
OFFICIAL RECORD
CITY SECRETARY
Combined CFA Agreement—Revised January 2014 FT. (NORTH, TX
Check items associated with the project being undertaken; checked items must be included
as Attachments to this Agreement
Included Attachment
0 Location Map
Exhibit A: Water Improvements
0 Water Estimate
❑✓ Exhibit A-1: Sewer Improvements
❑✓ Sewer Estimate
0 Exhibit B: Paving Improvements
0 Paving Estimate
0 Exhibit 13-1: Storm Drain Improvements
0 Storm Drain Estimate
Q Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
10
d'
0. W o°
Q U W (D
n
I
0– – W—
Wn
ZF
n
Z MDW
U w nap
Z oma
W
p d
0 0
e La N
e
e a II
LaJ
QJ
U
N
2121 JSVNB _ o
'021 AVa NHo �~
Z /
UO
W N
OU �> wU
� � � �o=! �
w 6 2 co
Z Cn
o D
O
' U
z a
-N-
m
Z
0
�� AaN3M 'JawoD 'Wd 104, 9LOZ/OL/9 '6mp•doLy .(liuio!A –VJO\V30 –LL 3SVHd\s}Lgi4x3 8ZL\00V0 00L\6026-ix3M\OOz6lxjm\Ols\:!
I chi]
I W o0
W��
LU z W ��Ln
N Z w � a a n
w Z ¢ o z W ~ — Z
II w Of > _ -J = a c~i Q = x ��oo
> w
F F w w w � �
Li a a � � L F ' X R" !.3 w
—i 3 c� L. a E, a w WZ
V o 0 w 30 w A "02
N 000z0z � z LL.CL
a s a F a F tz W
0 0 o N o L/)
a s a w a w :
m
I Z
1 0
I N to
r
I <U� dp A
Z � O
O w
UQz4izz yv
ao d. = IZ
1 I N fa_ LL-
Ld
r0 0)
N j IL Z
PN O D
5 8 0L N
N NLO v>
N _ O
cfl N N N 1 0
ONO N N
00 00
cfl rnLO N s�
r7 W ON
0 N
3 SPN PA6 N
S" In N N
�ypC�
N N f GPS
N O N P.
� \p
u�
1 r MA\NSS
w
i 1 O / / 06
W 0 6
GAMY N EX 3e LL- r
WAY X. 4
o- co
0
i 0,
�� .Ca'40!yj 'JauJDO 'WV 6£:6 SIOZ/l l/9 '6Mp•Ja}oM -VJO\V3O -LL 3SVHd\sl!9!4X3 SZL\OOVO OOL\6OZ6lX3M\OOZ61X3M\O1S\I
i
o0
w x ��o
of Q Wco
Q z F
f- W N
04 W J W ~
CD U) 0 -i (-)
LLJW CO QQ Z�n
w J Q Q x a �3z
Q W A ^o=
o cn � (.Da
c� � o z ,1
W O O z z
a_ M F- F= M
cn (n W
0_ a_ X X �
M d. W W J
1
� � z
O
I N Ln /O2K-
<� I O O
u) M
Z
M O W yv
co / "cP. C) Q
O f�
LLJ a_ LL
- P��LYANN C
N
.�- ( d N N N N
Is N E� N O6
1 N N N Cr) O O�
00 co 6 \
M d LO �R E NO
1 N �g� N .
1 N S-2 SNP It N N /
a N C'4
N 00 1p A.
r _ p N N N f� �p o
J t+j
U 1
1 p,�Ns P� w PY
b" ,00 O
O
w
w PY Un
ON L F
RPN�N� CPN� = 4
li
CHS
CAWAYN 8 �� �
���` Yeo
0
g� U
-JP A910W 'JauJo0 'WV OTL 9IOZ/ll/9 '6Mp•jaloMalsoM -d3O\V30 -ll 3SVHd\sl!4!4X3 SZL\OOV3 OOL\6OZ6IX3M\OOZ61X3M\OIS\:I
I / I �
W N
O
\i O _W rW1 W cp S
wt\(I
N \ I Z U)
11 w / J 2 a�ao
z x V r,
w m m � Q � � x � a 1.3W
af
a m 0 mo ow a� ��_
v u,9 ow o A o
o>- o>- om ow w
�a (na u 0 O cnw O
o� o� 0 0
a_o a_o a_= a U)
�O �
O Of M
H
N Ln
r�0
/
o -7 `
� O
ZO W -� O
(n i-
<1r7 = a yJ
_N W IZ Li
i / eoi 0
P SLE' p �/
N N 04 N
M N 06
L N
00 r N N N O / / r O)
N
1 1 N a0
M
I1 ,� M / / / / N '
N N
LO N N
' r N N i
p 00
N N N
N � M
M T
w pY
pY r-
Wk
�' C
U) LO
RPNCN� CP�Yo� wpY
-D--
IL
�WAON Y�
3
o /
'Jr (aXO!W 'Jawo0 'INV LO:g 610Z/11/9 '6Mp 6wnod —VdO\VdO —11 3SVHd\s}iq!yx3 SZL\nOVO OOL\60Z61X3M\OOZ61X3M\OlS\:I
a
I �
O 0
V wfDCo
w^ I
N o w cr
z U)
z J O m Z�f
11 0
w :EO O
W o J a o o _ a �3�
w
' J J U) Z J Z W I\I—O
U Ow 0 0 UlW Z W A O=
Z Z — li CL
N U)_, U) U) 0-i00 0 z
0 0 0 2 Z Z w
0; 00 0=z U)U)
0000 �Q � �
G:�O' G:� of X O_ X X 7
Q_ w 0 w w J
z �d
_O �v
N Ln
tY 0O X00
zw _
� Q ��
coQ-� D-- a
'p Cn
LL] a_ LL 02
z
o �D
N N 04
O
N N N N d 0a�
O 0d
ONO N N 6-
00 00Ln
CO '\ 0) J'
O
M N s.
N
M N
U7 N N
cO
00 N N N
O N N
N � M
Q 2�
a
Q
U
OO
Ld
:o Nip WPY � � to
N Q `-
" CjP�G�p GP e' a_ a_
GNO 24„ 2�' m
RAANYpN yQ ��/
W PY 3 -m
N GA�EY 0
0
U ;c
�� 6aiom 'jawoo 'ViV Z L:9 S LOZ/L L/9 '6Mp•wJOIS —V3O\V3O —LL 3SVHd\sl!Q!4X3 9ZL\(IOVO OOL\6OZ61)UM\OOZ6lXJM\O1S\!
z
H
d
I ~ W O0
i = CJ U W�(D
�- z �rui
04 Q J 0W
z fQ
= � xMoW F-
Gj 00� �WJww W xVI,,W Z� � OO
LU V � Z �CL
�
o
o� F
o= ~
Q�C
0 J J
00
U N LO Zvi
CD
z r? O0
oW
UQ
co Ilf -
( N W W �c1
O � 0 p
P���YANN Z Oi
o y
v
� M N
O N N N O�
00 N N
N On r pi
c0 00 O 00
N ro
SPN N N
ro N /
N N
O rn N N
rte' N M ro N
toQ
a
u� Y lip,
U MP,NST P
O
O O
W �
In L
N WAY �
RP�CNO CPNYO /a_ W
LL-
,jr
vr xavm 'Jawo0 'WV b1:9 SLOZ/ll/9 '6MP'S346!3 laailS -V30\V30 -ll 3SVHd\sl!9!4X3 8ZL\O0'VO 00/\60Z6-IXJM\OOZ61XJM\0IS\:I
i
' U)
Z X00
c� c) z W
Q vJ F U tM
LO
N z C/]gr-
w W m' o
z ) T z W �3LU
a C7 0o:
U) � Q 0 � wz
o
z 0
W
O
V7 J
I I �
I z
O X01
V,
N 1p0
O OHO
zW
M O Q
= a O
N a_ li > O
z s�
TRAIL O
P�LLYANN r N
N N N
d M N r r 06
r O N N N O O�
N N N O r r-
0
6
00 CO r �j
N M �R�VE O
r N
r SPN FPVgLO M N N
LO N N
r N N
O� N
N N N
� M
3-
n.
�,1,P�tdST PY W p,Y
C)
O
O O
Lf�
NANO GPNYO� WPY WQ
SHO
RP !j-
CANYON \/
3
GALLEY ��� �o
d
•jr (amo!w 'jawoO 'Wd 90:9 9LOZ/OL/9 '6Mp•su6!S laaJlS —V30\V30 —LL 3SVHd\sl!q!4X3 9ZL\OOV3 OOL\60Z61X3M\OOZ61X3M\O1S\:I
0 0 0 0 0 0 0 0 0
Ln0000000w
0 0 0 0 0 0 0 0 0
7 n v 0 N 0 v M 0 cND
> 119, M 't t-. - L6 L6
.� 61T to EA fA M ER EA O
y b ER fA r
O 60-
}0
W
rn
,b 0 0 0 0 0 0 0 0 ^p
,b 0 0 0 0 0 0 0 m
O o N 0 0 0 0 0
U9, O M o 0 to o o L
O ER CO Ln W O — r
d• M EA 64 03 R
611 69
� 3
i' O 0O0 O N Cl) M N t!') V1
O n r
a
b
O 0O0 O N Co M N In
a� r-� o �
P4
O N O 0 0 0 0
't N — N N
O o 0 r- N N N N N
'••q M M M M M M CM M
U
N
a
o LL LL Q Q Q Q Q
J O J W W W W W
0
A
U
N
O
a
c
N
O i N
a
F
N
to
Q m co
f0 � C 00
T
N X O O
�O (0 W U Q
a y > >
Co O a cL6 0 CU> U w
(n — -O U N °i
O N w d ti
U >f6 = O >f6 M f0 z
I—
� coL% U — i
I
DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. K09283110
KNOW ALL MEN BY THESE PRESENTS,that we,
Lennar Homes of Texas Land and Construction, Ltd., 1707 Market Place Blvd.,#100, Irving, TX 75063 as
Principal, and Westchester Fire Insurance Company a corporation organized and
existing under the laws of the State of Pennsylvania and fully authorized to transact business
in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH,
TEXAS, 1000 Throckmorton Street, Fort Worth, Texas, 76102, as Obligee, in the penal
sum of six hundred ten thousand, eighty-four and 50/100 ($610,084.50 )
lawful money of the United States of America, for the payment of which well and truly to
be made,we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Lennar Homes of Texas Land and Construction, Ltd. has agreed to construct
Sendera Ranch East,Phase 11 (Plat Case No.FP-15-035) Addition, City Project Number 02615
in the CITY OF FORT WORTH,TEXAS the following improvements:
Water, Sewer, Street, Storm Drain & Lighting Improvements
WHEREAS, in the event of bankruptcy,default or other nonperformance by Principal, claims
against Principal or the development, Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall construct, or have constructed, the unprovements herein described, and
shall pay for the cost of all labor, materials and equipment furnished in connection with the
construction of said improvements, and shall save the Obligee harmless from any loss, cost or
damage by reason of its failure to complete the construction of said improvements or by
reason of its failure to pay for the cost of same, then this obligation shall be null and void,
otherwise to remail in full force and effect; and upon receipt of a claim by the City of Fort
Worth indicating that the construction of said improvements has not been completed, or that
the costs for same have not been paid, the Surety will pay to the City of Fort Worth such
amount up to the amount of this bond which will allow the City of Fort Worth to complete
construction of said improvements and to pay for the costs of same.
We hereby agree with you that the draft(s) drawn under and in compliance with the terms
�ff th's bond will be duly honored upon ppi esentation at
25 gast John Carpenter Freeway, Spuite'1300
Irving TX 75062 mail code:
Westchester Fire Insurance Company Attn: Surety Bond Department or
i
by facsimile to N/A
Fax Number N/A confirmed by a phone call
at (972) 465-7500
PROVIDED FURTHER, that this bond shall automatically be increased by the amount of
any change order, supplemental agreement or amendment, which increases the price of the
aforementioned contract.
PROVIDED FURTHER,that if any legal action be filed on this bond,the laws of the State of
Texas shall apply and that venue shall lie exclusively in Tarrant County,Texas.
AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and
agrees that no change, extension of tune, alteration or addition to the terms of any contract
for the public affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time,alteration or addition to the terns of such contract.
This bond is given pursuant to the provisions of Section 212.073 of the Texas Local
Government Code, as such may amended from time to time.
Signed, sealed and dated this 4th day of September 20 15
(1) Westchester Fire Insurance Company
Principal Surety
By.d By:
Prin name&title Print name&title
�C vn �'c "� AUS Zt� r9c:✓v 7 Mechelle Larkin,Attorney-in-Fact
(1) Lennar Homes of Texas Land and Construction, Ltd.,
a Texas limited partnership
By: Lennar Texas Holding Company,
a Texas corporation, General Partner
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
"RESOLVED,that the following authorizations relate to the execution,tor and on behalf of the Company,of bonds,undertakings,recogn—ces,contracts and other written commitments of the Company
entered into the ordinary course of business(rads a"Written Commnment")�
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any W rinen Commitment for and on behalf of the Company,under the seal of the Company or
otherwise.
(2) Each duly appointed anomey-in-fact of the Company is hereby authorized to execute any Written Cortunitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that
such action is authorized by the grant of powers provided for in such persons written appointment as such anomey-in-fact.
(3) Each of the Chairman,the President and the Vim Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the anomey-in-fact of the Company with
full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such""ten
appointment,which specification may be by general type or class of W rittm Commitments or by specification of one or more particular Wrinen Comnmmems
(4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specifiranon may be by
general type or class of Wrinen Commitments or by specification of one or more particular Written Commitments.
(S) The signature of any officer or other person exerting any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,my be affixed by facsimile on such
Written Commitment or written appoinimmi or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested
Does hereby nominate,constitute and appoint Irene Lau,Kathy R Mair,Mechelle Larkin,Stephanie Barth,all of the City of IRVINE,California,each individually if
there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,
undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million dollars&zero cents($25,000,000.00)
and the execution of such writings in pursuance ofthese presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 28 day of January 2015.
WESTCHESTER FIRE INSURANCE COMPANY
t J Stephen M-Hrncy.Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 28 day of January,AD.2015 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors
of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
"oFV&*0VLVM"
c *ice M, NOTARIAL SM
KNO E VANDT,No"PYbie
avec
�ae.h7 ra„c
I,the undersigned Assistant Secretary ofthe WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of S E P - r 21015
15
!
Willxm 1.Keli-y,hss)atanl oc7tKpry
i
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 28,2017.