Agenda 03/24/2020 Item #16A 8 (Bond Release - Panther Island Mitigation Bank Expansion)03/24/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$764,820 which was posted as a guaranty for Excavation Permit Number 59.720-1, PL20160001369
for work associated with Panther Island Mitigation Bank Expansion.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Panther Island Mitigation Bank Expansion. The As-Built excavation
report has been received and the mitigation bank has been inspected on February 11, 2020 by the
Development Review Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $764,820. Development Review staff 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: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.8
Packet Pg. 128
03/24/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 11683
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $764,820 which was posted as a guaranty for Excavation Permit Number 59.720 -1,
PL20160001369 for work associated with Panther Island Mitigation Bank Expansion.
Meeting Date: 03/24/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/14/2020 9:27 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/14/2020 9:27 AM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/14/2020 9:49 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 11:24 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/18/2020 5:10 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:31 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/21/2020 1:40 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/21/2020 4:08 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 4:48 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/21/2020 6:48 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:19 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 5:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 7:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/09/2020 4:30 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
16.A.8
Packet Pg. 129
PANTHER ISLAND MITIGATION BANK
EXPANSION
LOCATION MAP
16.A.8.a
Packet Pg. 130 Attachment: Location Map (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this lOt day of
Ja.,^'.,, "1,. .a 20 l? between Southwest Flori a Wetland, J.V. hereinafter referred to as
OevaopflanO t h-e Bo ard of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavatron Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. 59-720-1 (the "Excavation
Permit").
il
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $764,820.00.
3. ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer rn writing that the Excavation Work is complete, either: a)
notify Developer in writing of his approval of the Excavation work; or b) notify the
Developer in writing of his refusar to approve the Excavation work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6 ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such fairure, the county Manager or designeemay call upon the excavation performance security to secure satisfa-tory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,pursuant to public advertisement and receipt and acceptance of bids, the
16.A.8.b
Packet Pg. 131 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
7
Excavation Work. The Developer, as principal under the excavation performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of
Developer to fulfill all of the provisions of this Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
FLORI J.V
executed by their duly authorized represe
lN WITNESS WHEREOF, the Board and Develo
ntatives this '
rOef
b*t day of
have caused this Agreement to be
r)20 t1
By:
Printed Name
sig,fu-..*,,4
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Ap as to form and I egality:
Scott A. Stone
Assistant County Attorney
DAVID L. JOHN
AUTHORIZED REPRESENTATIVE
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,
By:
as designee of the County Manager
pursuant to Resolution No. 201 5- 162
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SIGNED IN THE PRESENCE OF:Sign:-SX-
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16.A.8.b
Packet Pg. 132 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
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BOND No. 106506915
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
SOUTHWEST FLORIDA WETLANDS, J.V
10097 Cleary Boulevard, Suite 303
Plantation, FL33324
(hereinafter referred to as "Ownef') and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
One Tower Square
Hartford, CT 06183
(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 Seven Hundred Sixtv Four Thousa.nd, Eioht
Hundred Twentv Dollars ($764,820) in lawful money of the United States, 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. 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 excavation permit no. 59.720-1 and that certain excavation permit 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 date this Bond is
executed and shall continue until the date of completion of the work and approval by the County of the
specific improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period") or until replaced by a new bond in the event of a change of Ownership.
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, and the Owner shall satisfy 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 outlay 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, 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 alteration, addition or modification of any character whatsoever.
hereto have caused this PERFORMANCE BOND to belN WITNESS WHEREOF, the parties
executed this 8th dav of Qecember, 2016
WITN ES ES
H.ch<\-
SOUTHWE DS, J.V
me:
[1s-LDS-016il/11s3600/11
Ar, -[<
BY
David L
16.A.8.b
Packet Pg. 133 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
BOND No. 106506915
STATE OF FLORIDA
COUNTYOF Flcc."\c,.-
THE FOREGOING PERFORMANCE BOND WAS ACKNoWLEDGEo BEFORE ME THIS ll" DAY OF
20r AS Authorized Aqent OF Southwest FloridaW;tlands JV
PER NALLY KNOWN TO M AS IDENTIFICATION
Notary Public - State of Ii I o.' , I c,.-
(SEAL)
Printed Name
N\. "l-.-\- L\. .
SSES
nted Name: Lorrai
-r? ,\. , "i<1
-Mu
SURETY
T Casua an ure Company of Arnerica
By
A. Mo ttorney-ln-Fact
t1r,r* /rl:
PrintJd Namtfisti Tulin
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8th DAY OF
December, 2016 BY Charity A. Moser AS Attorney-ln-Fact OF Travelers Casualty and Surety Company
of America,WHO IS PERSO NALLY KNOWN TO ME , OR HAS PRODUCED AS
Nota Public - State of Florida
(SEAL)
Printed Name
l4-Els-02650/7
'ut8y t,?r4! rPlr)rp Sta{lFlrg
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tl02 sr rox lr,t(rl u.!o3In
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MY COMM|SS|oN I FF 941634
EXPIRES: &lil6,2@0
Bon .d Ttru lblrl Prbb thd.rribG
[15-LDS-01664/11s3600/1]
ACKNOWLEDGEM ENT
OR HAS PRODUCEO
-
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IDENTIFICATION,
16.A.8.b
Packet Pg. 134 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
,-,
TRAVELERSJ
ATTORNEY IS INVALID WITHOUT THE RED BOHDER
POWER OFATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc,
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Ttavelers Casualty and Surety Company
Ttavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Tlavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No.229466 Certincate *,.0 0 7 0 0 3 3 0 7
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uniled States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the
laws ofthe State ofWisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Huntley A. Hombeck II. Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Charity A. Moser, and Dawn Y. Colecchio
of the City of Naples , State Florida their true and lawful Attorney(s)-in-Fact.
each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this -5th
day of October 20t6
State of Connecticut
City of Hartford ss.Robert L. Raney, Senior President
on this the 5th 6u, o1 October 2016 , before me personally appeared Robert L. Raney, who acknowledged himselfto
betheSeniorVicePresidentofFarmingtonCasualtyCompany, FidelityandGuarantylnsuranceCompany,FidelityandGuarantylnsuranceUnderwriters,Inc.,St.Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalfof the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021.
c
Marie C. Tetreault. Notary Public
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY lS INVALID THE
By:
ficomRAO
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16.A.8.b
Packet Pg. 135 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
WARNING: THIS POWER OF ATTORNEY tS |NVAL|D WTTHOUT THE RED BORDER
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Secontl Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power ofAttorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and colrect copy of the Power ofAttomey executed by said Companies, which is in full force and effect and has not been revoked.
C}lA
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this C) day of
'lXcembr.,(,lk
{
Kevin E. Hughes, Assistant
To verify the authenticity of this Power ofAttorney, call l-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details ofthe bond to which the power is attached.
lccpmm
1951 'tffi$@ffiffi
16.A.8.b
Packet Pg. 136 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)
WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be vaiid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, ResidentAssistant Secretaries orAttomeys-in-Fact for purposes only ofexecuting and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power ofAttomey or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned,Assistant Secretary, ofFarmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fideliry and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power ofAttomey executed by said Companies. which is in full force and effect and has not been revoked.
aJtr\
IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed the seals of said Companies this (-J day of 'lkcernV:{,lk
/* f /44
To verify the authenticity of this Power of Attorney, cail l-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
ilconiml@
1951 f,aL {#@ffiffi
16.A.8.b
Packet Pg. 137 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)