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Agenda 10/14/2014 Item # 16A18 10/14/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No.'s 80107032 and 80107033 in the amounts of$121,400 and $60,400 which were posted as a guaranty for Early Work Authorizations PL20140001097 and PL20140001464 for work associated with the Isles of Collier Preserve Phase 2 and Isles of Collier Preserve Phase 3, respectively. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: Engineering Services routinely accepts securities administratively as guaranties for developer commitments. This security was provided to guarantee performance of work associated with an Early Work Authorization which was issued pursuant to Section 10.01.02 B of the Collier County Land Development Code. The work associated with these securities has been inspected and the developer has fulfilled his commitments with respect to these securities. The subject securities were provided for work associated with a planned residential project. The Performance Bonds were posted as security for clearing and site filling in advance of the final subdivision approval for the Isles of Collier Preserve project. On September 9, 2014, the Board of County Commissioners approved the final plats and construction plans for Isles of Collier Preserve Phase 2 (PL20140000395) and Isles of Collier Preserve Phase 3 (PL20140001035). Once the construction plans and plat for these projects are approved, the security is no longer required. The construction plans include approval for clearing and site filling. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes the Clerk of Courts to release Performance Bond No.'s 80107032 and 80107033 in the amounts of $121,400.00 and $60,400.00. Engineering Services will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services / Growth Management Division, Planning and Regulation Attachments: 1) Copy of Performance Bonds Packet Page -814- 10/14/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No.'s 80107032 and 80107033 in the amounts of$121,400 and $60,400 which were posted as a guaranty for Early Work Authorizations PL20140001097 and PL20140001464 for work associated with the Isles of Collier Preserve Phase 2 and Isles of Collier Preserve Phase 3, respectively. Meeting Date: 10/14/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 9/18/2014 11:31:53 AM Approved By Name: McLeanMatthew Title: Project Manager,Principal, Operations and Regulatory Management Date: 9/22/2014 3:32:07 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 9/22/2014 3:36:44 PM Name: McKennaJack Title: Manager-Engineering Review Services,Natural Resources Date: 9/23/2014 1:42:04 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 9/24/2014 9:36:57 AM Name: StoneScott Title: Assistant County Attorney. CAO Land Use/Transportation Date: 9/30/2014 4:29:33 PM Name: lsacksonMark Packet Page -815- 10/14/2014 16.A.18. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 10/1/2014 10:22:11 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/1/2014 10:52:35 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering& Construction Management Date: 10/2/2014 3:43:03 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/3/2014 3:33:23 PM Packet Page -816- 10/14/2014 16.A.18. Bond No.80107032 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BY THESE PRESENTS:that MINTO COMIVIUNITIES,L1.0 44CKr W.SAMPLE ROAD,SUITE 200,COCONUT CREEK,FL 33073 (hereinafter referred to as'Owner')and THE GUARANTEE COMPANY OF NORTH AMERICA USA ONE TOWNE SQUARE,SUITE 1470,SOUTHFIEELD,MI 48076 (hereinafter referred to as 'Surety')are held and firmly bound unto Collier County, Florida, (hereinafter referred to as'County)in the total aggregate sum of!Pre Huri red Twenty One Thoulanslze_Hundred ar 0 ellK Dollars ($,2.1400_0S) in lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executers,. administrators, successors and assigns,jointly and severally,firmly by these presents.Owner arid Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval by the Board a (*redo Early Wade Authorization Permit No. (?i_?:sr oeoVevy.and that certain Early Work Authorization shall include specific improvements which are required by Collier County Ordinances and Resolutions(hereinafter'Land Development(Regulations,').This obligation of the Surety shall commence on the data this Bond is executed and shall continue until the completion of the work and approval by the County at the specific Improvements described In the Land Development Regulations,or until issuance of a subsequent final development order such as an Site Development Plan (SDP)or Subdivision Flat and IPlans(PPL)(hereinafter the 'Guaranty Period")or until replaced bnLa new bond in the event of a change in Ownership.. NOW,THEREFORE.,It the Owner shall well,truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty peruxf established by the County,and the Owner shall satisfy all claims and demands incurred and shall fully indemnity and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so,and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default,then this obligation shall tee void, otherwise to remain in lull force and effect. PROVIDED, FURTHER, that the said Surety,for value received hereby, stipulates and agrees that no change,extension of time,alteration,addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration,addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately,without formal and separate amendments'hereto,so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term 'Amendment,' wherever used in this Bond, and whether referring to this Bond, or other documents shall include any altaratkm,addition or modification of any character whatsoever. 114 WITNESS WHE.FIEOF, the parties hereto have caused this PERFORMANCE BOND to be executed this ad" clay of_ tav 2014____. WITNESSES: Minto Communities,LIE: ,,- q4714,444 ,,in iii)/G11)�j'i 0/ Y/1 II� Neelk te5. ryl n.r,tel en ee t By:I, I �� M, Printed Name: `` ■ (I I 11/ c I „..:.),s.„'] ,1k.,..�a._, Li�\'Ii2JY‘ti..A 1 )c�(> k IZ._h t9i16bJ Prc ecuj4a -Si t"` Printed Narne/Titie (Provide Proper Evidence of Authority) Packet Page -817- 1 . _ , 10/14/2014 16.A.18. ACKNOWLEDGEMENT STATE OF 1-4 RsL L COUNTY O_- \ ' TIE FOREGOING iP RFrO.fMANCE BOND WAS ACKNDWLEC GEDIB€FORE ME THIS}A1'OF r1.r�:i_- ,20J • , ElY SI ME F ACKNOWLEDGER)_ tea L tstti ai-'1CS — AS(TITLE:)�,_J cL c s ,a .. OF Minttc_Cgmmynities.LLC WHO IS P: SONALLY KNOWN TO ME,C)R HIS PRODUCED —,____�_—___—______AS fCF:'FTt'(rIGATION.. NotaryyPyblic-State of ap! ' sue _ AV COM115504# .157111��•� � '� HKRIM Febvary 13,2016) (SEAL) __K� 13� �1, � lit Lied MN NdmyRMfe Under— ,.,A.001...(_s► .;rrc:r /? ES/.1:S: /) ----re;,!. The Guarantee Company of North America USA r 1 Pfi f ame-, re iv'c5.-7'/...qn--r ern 71t' Maria Signorile,Attorney-in-Fact (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE CiF GEORGIA, COUNTY OF F ILISIN_ THE FOREGOING PERFORMANCE:BOND WAS ACKNOWLEDGE[)BEFORE ME THIS 1-11P pm,OF May, 2014, BY (NAME OF AC:KNC'VVLEDGER)Maria f'Zgnorile_AS (TITLE)Attorney-in-Fail OF (NAME OF COMPANY)The Guarantee Company of Noah America USA WHO IS,PERSONALLY KNOWN TO ME,OR HAS PRODUCED,Eersoni31&known AS IDENTIFICATION. Notary Public:-State of sC,'EOFIC31A _,�, (SEAL) f i' 1 Printed Name:Beth Kitchens-Harmon My commission expires:March 19,2D1 B 14-EIS-025`-O/e • Packet Page -818- 10/14/2014 16.A.18. THE The Gus a ntee Ccnnpany of North America USA GUARANTEE Southfield,Michigan PC)W ER OF ATTORNEY • KNOW ALL BY'THESE PRESENTS:'1Tat THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporetion organism and existing under the laws.of the State of Michigan,having hs pi-trope!office krSouthfield,Michigan,does hereby aenetttute and appoint Maria Signe rile.WNestey P.Williams Aon Risk Services South,Inc h;s true and Iaw1Ud atteney(s)-in-fad to execrate,seal and deliver for and on Its behalf an surety,any and elf bonds and undedakirgs,contracts of indemnIty and other writings,obligatory in the nature thereof,which are or may be showed,required or permitted by Inv,statute,lute,regulation,contract or other wise. The execution of such instrument(s)In pursuance of these presents,shell be as.hlnding upon 1}IE GUARANTEE C:OMPAN'f OF NORTH AMERICA USA es fully and amply,to ell intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the princidel office. The Power of Attorney is executed and may Ilse certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Ekercl of Directors of THE GUARANTEE:COMPANY OF NORTH AMERICA.USA at a meeting held on the 31'day of Debsmber,2003. ' The F'nssident,or any Vim President,acting with any Secretary or Iteae Cant 5oaatary,:shall have power and aurtlicarity: 1. To appoint Attorney;e)-irFfad,and 10 authorize them to execute on behalf of the Ccetpany,and attach the Seel of the Company thereto, bonds and undonakings.,aontaada of indemnity and other tenting obligatory In the mature thereof;and 2. To revoke:,at any fine,any'such Attorney-in-fact and revoke the authority given,except as provided below 3, In connection with obigatlons In favor of the Florida Department of Transportation only,It is agreed that the power and authority hereby given to the Attorney-In-Fiord includes any and all consents for the release of retained percentages andior final estimates on engineering and conatrucon contracts[squired by the.State of Florida D is artment of Transportation. h is fully understood that consenting to the State of Florida Depamnemt ol'Transportation nicking payment of the final estimate to the Contractor andior ha assignee,shall not relieve this surety company of any of Its obligations under its bond. 4. In connection with obligations in'favor of the Kentucky Department of Highways only it Is agreed that'die power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonweshh of Kentucky at least thirty(30)days prior to the modification or revocat on. (Further,than Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of[Directors of the Company adopted at a meeting duly called and held on the 8th clay of December 2011,of which the following Is a true excerpt RI:SOLVED that the signature et any authc nzecl officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the executon and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and .such s gneture end seal when so used shall lune the same force and effect es though manually affixed. -";;+'4Z IN WITNESS WHE:FIEOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and i(,� L I its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. q,:y�V t T}IE GUARANTEE COMPANY OF NORTH AMERICA USA tn e.euevi� • STATE OF MICHIGAN Stephen C.Ruaehalt,Sr.Vice President,COO Randall Musselman,Secretary County of Oakland On this 23rd day o!Fcrrtasiry,2012 oefore me carne the individuals who eexe:cated the preceding instnunant,to me personally known,and being by me duly scorn,said that each is tie Inenein described and authorized officer of The Guarantee Cornoary of North Amerkc USA;that the Seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and.each siginature were duly affixed by order of the Board of Directors of C,ynthie A.Takai IN WITNESS WHEREOF,I have hereunto net my hand at The Guarantee Notary Public,Staato orMicnipan Company of North America USA offices the day and year above written. ' -i :;;�,;:.. County of Osidand My■1xmnlssian Expires February 27,2018 _(��/L1a C. re J `ue'• T2_rftQ-L," • .` Actin g in oaFlend County • I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the atone and foregoing is a true and exerrect copy of a Power of Altcxrury executed by THE GUARANTEE COMPANY OF NORM AMERICA USA,wnidh is sti I iffuhtwce and�effect. iN'1NITNE SS WHEREOF.I have thereunto set my hard and attached the seal of said Company this-Y� 7 dr y[ef 'er i '4(,%1 4 Sy,Yr+ I �4M.. i Randall Miusselman,Secretary' - - • • • • • • Packet Page -819- • • 10/14/2014 16.A.18. JOINT UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF MINTO COMMUNITIES,LLC, MINT)ARTESIA,.LLC, MINX()TOWNPARK,LLC, HOMEBUYERS'FIINANCIAL,LLC, MINTO FLORIDA'HOLDINGS.,LLC: MINTO TITLE,I.I,C„ MINTO FLORIDA DEVELOPMENTS,LLC, MINTO LAS:OLAS,LLC:, MINTO MANAGEMENT SERVICES„ MINTO KENNEDY GROVES,LLC, MINTO HENRY:SQUARE.,LLC, MINTO HENRY SQUARE HOLDINGS,LLC, M INTO VILLAS-BY-THE-SEA,IJ,C., MINTO;B.RADENTON,LLC, MINT()MARINA,LLC, MINTO MONTERRA,LL.(:AND MINTO SABAL BAY,LLC Toe undersigeted,constituting all the managers(the"jiart@CeSY"),of MINTO COlv1MIJNrGES,LLC,a Florida limited liability company, MINTO ARTESIA,. LLC, a Florida limited liability company, MINTO TOWNPARK, LLC,a Florida limited liability eeompeny, HOMEBUYERS' FINANCIAL.. LLC, a Florida limited liability company,MINTO FLORIDA HOLDINGS,LLC,a Florida limited liability company,MINTO TITLE, LLC,a Florida limited liability company,MINTO.FLORIDA DEVELOPMENTS,LLC,a Florida limited liability company, MINTO LAS OLA.S, :LLC, at Florida limited liability company, MINIM MANAGEMENT SERVICES, LLC, a Florida limited liability company, MINTO KENNEDY GROVES, LLC', at Florida limited liability company, MINTO HENRY SQUAB};, LLC, a Florida limited liability company, MOTro :HENRY SQUARE HOLDINGS, LLC, a:Florida limited. liability company, M7NrO VILLAS-13Y•THESEA,I.1,C,a Florida limited liability company,MINTO BRADENTON,1.1.C,a Florida limited liability company.. M1NTO MARINA, LLC, a Florida limited liability company, MINTO MONTERRA,LLC,a Florida limited liability company,and MINTO SABAL BAY,L.LC,a Florida limited liai�ility comoary(each,a"Comm,'and hereinafter,collectively,the"QaJlie"),clo hereby consent to she following resolutions as of June 26,2013,and dime that this action be filed with tnc records of each respective Company. RESOLV:ED,that Lillian Costello ('C 6")be and hereby is appointed to the office of Vice President of each of the Companies to serve it such capacity until her successor has been duly elected and qualified or until her earlier reaignatiot,removal cr death;, RESOLVED, that Costello, as Vice President of each of the Companies, be, and hereby is, authorizedl,empowered and directed to enter into,execute and deliver,on behalf of each of the Companies, such agreements,instruments and other documents as Costello deems necessary to conduct and transact the ardinas),business of the Companies of devetopirg and improving real property for the stile of single family andmor multifamily residential units,including, without liraitatior..,purchase arid sale agreements,easements, mortgages,deeds,releases and satisfactions; RESOLVED,that any and all actions taken to elate by Costello on behalf of the Companies as an c filer er of the Companies are hereby ratified and approved;and RESOLVED,Mat this Joint Unanimous Written Corsent may be executed in counterparts,each of which when sc executed shall be deemed an original, but all of which such counterparts shall together constitute but one and the same instrument. (266 S tort;t) • • • Packet Page -820- 10/14/2014 16.A.18. IN WITNRSS WUEBEOP the undersigned being all the Managers of ail of the Companies have minuted this Joint Unanimous Written Cadent effective as of the date first above written. MANAGERS of MINTO COMMUNITIES, LLC, MINTO ARTESIIA,IL.C,MINTO TOWNFARK,:LLC, ]SOMEB nent , FI NANICaAJL, I:IUw MITITO ]FLORIDA HOLDINGS,114Z,MINTY)TITLE, LLC, :HOMO FLORIDA DR'VELOI'MTITS,I.ILC,MIST° LAS OLAS, LLC, SHINTO MANAGENT,NT SERVICES, LLC, MINTO MONI= GROVZS, LLC, MINTO HENRY SQUARE, LLC, MIST() ]HENRY SQUARE HOL.L)IINGS, LdiC. MITTPO Y LAS-BY-TLUC.SBA,LLC;MINTO BRADENTON, LLC,MDNTO MARINA,LLC,MIINTO MONTItIUA, lac and MDN'I'O SABAL BAY,LLC f 467'seg;" ∎R�vi(ebae(].,kelmomt J1710 P.Carta Ptirtett;t) Packet Page -821- • • N, 10/14/2014 16.A.18. Bond No.80107033 PERFORMANCE BOND FOR EARLY WN'ORK AUTHORIZATIONS KNOW ALL PERSONS;BY THESE PRESENTS:that MINTO COMMUNITIES,LL.0 4400 W.SAMPLE ROAD,SUITE 200,COCONUT CREEK,FL 33073 (hereinafter referred to as'Chanel)and THE GUARANTEE COMPANY OF NORTH AMERICA USA ONE TOWNE SQUARE,SUITE 1470,SOUTHFIEELD.MI 48076 (hereinafter referred to as'Surety')are held and firmly bound unto Collier County, Florida, (hereinafter referred to as 'County') in the total aggregate sum of fzrxty Thousand Four Hundred gnd 001100 Dollars (91ta .4_ODD.Q) in lawful money of the United States, for the payment of which sum wet and truly to be made, we bind ourselves, our heirs, executors., administrators, successors and assigns, jointly and severally, finely by these presents. Owner and Surety are used for singular or plural, as the context ,requires. THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval by the Board a certain Early Work Authorization Permit No./Livey'aacrica ra►nd that certain Early Work Authorization shall include specific improvements which are required by Collier County Ordinances arid Resolutions(hereinafter'Land Development Regulations").This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the completion of the work and approval by the County of the specific improvements described in the Land Development Regulations,or until issuance of a subsequent final development order such as an Site Development Plan(SDP) or Subdivisicr Plat and Plans i,PPL)(hereinafter the"Guaranty Period until ireplaced¢y a new bond in the event n'_a chancre in Ovnersh . NOW,THEREFORE,if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the • County,arid the Owner shall satsfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so,and shall reimburse and repay the County all outia.y and expense which the County may incur in making good any default,then this obligation shall be void,otherwise to remain in full force and effect. PROVIDED, FURTI-IEFt,that the said Surety,to value received hereby,stipulates and agrees that no change,extension of time,alteration,addition or deletion to the proposed specific:irnorovements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, e:tension of time,alteration,addition or deletion tc the proposed specific improvements. PROVIDED FUR1i HEFI, that it is expressly agreed that the Ekrnd shall be deemed amended automatically and immediately,without formal and separate amendments hereto,so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term 'Amendment," wherever used in this Bond, and whether retening to this Bond, or other documents shall include any alteration,addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this_ 301" _day of May,2014____ WI'T'NESSES: Mint Communities,LIC ^� CAtes e et 71k g vial:4T / v Printed Name: eihaaaaeaea 1•1,',, l eat SLR: Lx ---- + 1 �� S__ �St -- Phntecl" arnt `I Printed Na Nameffiitle (Provide Proper Evidence of Authority) Packet Page -822- • • 10/14/2014 16.A.18. ACKNOW LE DG EM ENT STATE:OF�` �1� COUNTY OF g,p -- TH FOFEEGOING F' RFOFIMA.NCE BOND WAS ACKNCWLE: GE EFORE ME THI b Y OF `tCIJL _ BY(NAME O ACKNOWLECK�ER) I �_U te_ S +t, y -AS(TITLE N LL it„.� _ti,,r y_OF N'n ci�,�pnLmnunit �l..L.0 WHO IS P' ;NALI_Y KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION. Not75utlic-StaoE y� 4t r G ?9xfw s I LAFw N-- 1Tc (SEAL) 4 Qr,62� L .L� WIREkRomer,13ffi6 W/ Sr _ ///2 The Guarantee Company of North America USA t ..r kz,4. L; ,SC:, c%c,,i• _',LL,f get ,,1_,` i.;,Et Printed,IV ei , i 77 1� Maria Signcrile,Attorney-in-Fact PC,�✓e.7 Bor.y-c7.,710:; (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FUL I ON THE FOREGOING .PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS.30th DAY OF ME, 2014, BY (NAME. OF ACKNOW'LEDGER)Maria_SionorillL- AS (flTL.EE)AttrnneLy-in_FaM; OF (NAME OF COMPANY)The Guarantee Conpary of North America USA WHO IS PEFISONAIJ_`( KNOWN TO ME,C)R HAS PRODUCE[) personally known AS IDENTIFICATION. Notary Public-State of GEORGIA (SE:AL) -2 SS Printed Name:Seth Kitchens-Hannon My commission expires:March 19,2018 14-Ens-0::65WIi • I Packet Page -823- I • 10/14/2014 16.A.18. ilk THE The Guarantee Company of North America USA GUARANTEE,. Southfield,Michigan POWER OF ATTORNEY KNOW.11.11.1_BY THIE'.SE PRESENTS:"Thief THE:e3IUARAN'TIEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of klichigen,having Its prtncinal office in Etouthfleld,Mierigar,does hereby constitute and appoint Marie Signori le,Wesley P.Wlllants Aon Risk Seiner:et South,Inc. its true and lawful ettomey(s)-in••faet to execute,seal and deliver for and on Its behalf'.as surety,any and all herds and undertakings,contrails of Indemnity and other writings obligatory in the nature thereof,which are or may be allowed,recuired or permitted by law,statute,role.,regulation,contract or otherwise. The execution of swat instrummnt(s)in pursuance ce these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA LISA as fully and amply,to all intents arid purposes,as if the same had been duly executed and acknowledged by Its regularly elected officers at the principal office. The Power of Attorney Is emceed and may be certified so,and may be revoked,pursuant to and by authortty of Miele IX,Seethe 9.0e of the By-Laws adopted by the Bogard of C reactors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting heel on the 31'day of December,2003. The Pres dent,or any Vice Pneeklent,acting with any Secretary or Assistant Secretary,shall ham power and authorize 'I. To appoint Attorney(s)-iredect,and to authorize them to eraucute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any tine,any such Attcnray-in-fe.ol end revoke the auttorhy given,except we provided below 3. In connection with obligations'in terror re the Florida Department of Transportation only,It is agreed that the power end authority hereby given to the Attorney-in-Feet Includes any and an consents for the releases of retained percentages and/or final estimates or engineering and censtruction c ontrads necluired by the.Slate of Florida Department of Transportation. It Is fully understood that cementing to the State of Florida Dope crf Trenspnrtetien making payment of the final estimate to the Contractor and/or its easigneer,shall not reliever this surety company of any of its obligations enter its bond. H. In connection with obligations In favor of the Kentucky Department of:Hghways only,It is agreed that the power sect authority hereby given to the Attorney-n-Fall cannot be modified or revoked unless prior written personal notice of such Intent has been given tc the Commissioner— Department.of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further this Power of Attorney is a'i need and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 0th day of December 2011,of wrath the following Is a'Irue exosrpi RESOLVED that the signature of any authorized off ter and the seal of the Company may be affixed by tem rte.to any Power M Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature.and seal whorl se used shall have the same force and effect as though rranusfly affixed. /;;;;;;;.;;,'N IN WITNESS WHEREOF,THIS GUARANTEE COMPANY OF NORTH AMERICA LISA has ceased this instrument to be signed and he y—z ` its corporate seal to tie affixed by Its autnorized otrexir,this 23rd day of February,201[2. 4 �l?,7 9) THE citiARANTEEE COMPANY OF NORTH AMERICA USA \lash,0/ y —7 _ ALA'/''„[ _70,----_____ 6 CE:: a���iGe—c—!^,n.w-`�._ STATE OF MICHIGAN Stephen C.Rusiihak,Sr.Vice President,COO Pe Randall Mussalman,Secretary' County of Oakland On this 23rd day of Fe Dreary,:2012 before me cane the individuals who executed the premding instrument,to rres personally knows,and being by me duly sworn,said that each Is the herein described end authorized officer of The Guarantee Company of North America USA;th.el the seal affixed to said in:stument.Is the Corporate tieial of said Cornlx •y,that the Corporate Seal and each signature'were duly at/wed ty order of the Board of Directors of Cynthia A. 'eksi lb WITNESS WHER_O!F,I have hermurto:set my hand at"Rre Guarantee Notary fvbli,State of MirJripen Company cf North Arnerica USA offices the day and year above written. �eurty ol'(kl Oakland . elk $..i ley Comma/weer!Expires February.2e,2018 r(7 r t.t44�4a.r ....�r Acting in Oak'end Coley), • • I,Randall Mussedrnan,Secretary of THE GUAleeN'rEE COMPANY OF NORTH AMERICA LISA,do hereby pertfty Pitt the above and foregoing Is a true and camel copy of a Power of At:omey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in tut force end effect. )r ' 1' d.MM`W� IN V/TTWESS WHEEREOF,I have thereunto set my hand and attached the seal of said Company thiely day eft/Ilya et ,a0 1 CI eetz 37 Randall M urssalmrsn,Streeter, ; • i i • Packet Page -824-