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Backup Documents 03/27/2012 Item #16A 9i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT �TO ! THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pa0er. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing ines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of thelChairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line 95). Route to (List in routing ddressee(s) rder) Office Initials Date 1. Judy Ping Item was GMD Planning & Regulation/Operations Agenda Item Number Applicable) 2. BCC Z Z ' A5 3. signed CA tV \xM Doi J,6QSlOtWl Number of Original Documents Attached 4. i Office of the County Attorney. This includes signature pages from ordinances, 5 Ian Mitchell, &b- CV, Supervisor, BCC Office t 4 5 W, Board of County Commissioners 6. Minute and Mcords i Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary co tact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Contact Staff e Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Agenda Date' Item was iate. Agenda Item Number Applicable) Approved by'the BCC Z Z ' A5 Type of Document Attached signed CA tV \xM Doi J,6QSlOtWl Number of Original Documents Attached INSTRUCTIONS & CHECKLIST i i I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip I I WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial t e Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ropi iate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contrac s, agreements, etc. that have been fully executed by all parties except the BCC Chairrn n and Clerk to the Board and possibly State Officials.) 2. All han iwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signa a and initials are required. 5. In mostl cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some dpcuments are time sensitive and require forwarding to Tallahassee within a certain time fralme or the BCC's actions are nullified. Be aware of your deadlines! 6. The do ument was approved by the BCC on 31A1117— (enter date) and all changes made during the meeting have been incorporated in the attached document. The ca County Attorne 's Office has reviewed the changes, if applicable. i i I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip I I WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 9, CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS ` THIS CONSTRUCTION AND MAINTENANCE AQW, T FOR SUBDIVISION IMPROVEMENTS entered into this .�±Aay of 2012 between Bristol Waterways, LLC., hereinafter referred to as "Devel per," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A. Developer has previously received approval from the Board for that subdivision known as Bristol Pines Phase II. Bristol Waterways, LLC is a successor developer and wishes to replace the existing securities which had been provided by the original developer. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. 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 will cause to be constructed: Roadway, drainage, water and sewer improvements within 18 months from the date of Board approval, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $158,581.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the C DOCVmcnt ;andSerfr;u,1e, ^,edrnalxa, e inps`: 7emperryG; fu: ne! tr; esit; entert. 0utieckiUkr» J; ..{(In =.: }.,,:rlPi, ^es!'20t2doe 16A 9l improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. 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 improvements required herein. The Developer, as principal under the subdivision 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 the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. Page 1 of 2 C il)e: uments and setfing medmay. ..ocal3ottinrgst7omporaryy!nty mot Fi; esiConier , =,(7uti;;GkiJrRf,il,.i tt!) is;istci Purrs It 1032.doc 16A 94 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this - day of . -0 i 20 r -L 24 SIGNED, SEALED AND DELIVERED IN TA PRESENCE `�OF CAT? RINE ELIZABETH MEDIMA� J ii+1Y COM."ISSION # EE00316 'A r, -liw-s July 02 2014 (41 J) 3.3 (/- _.... __zm. }fiC;i idOt3 V:iC. diCC.COfTI .. Pr}jted or Typed Name . T'S'B'' ,0 Deputy Approved as to form and legal S iciency: Steven T Williams Assistant County Attorney Title: ova V--4-Y" BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA luk Fred W. Coyle, Chairman Page 2 of 2 C.100cumrrts and Set!ing ; icmedinaV...ocai i ntsmet Files! Con tent.OutiooktUAQ,W.FUDi m >to!Pines1120Qdec 16A �, 946isfc� COLLIER COUNTY LAND DEVELOPMENT CODE +6 ? Wtr 4-15 PERFORMANCE BOND NO. SEIFSU0586735 KNOW ALL PERSONS BY THESE PRESENTS: that BRISTOL WATERWAYS, LLC 4949 SW 75TH AVE. MIAMI, FL 33155 (hereinafter referred to as "Owner ") and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NJ 07102 (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 One hundred fifty eight thousand five hundred eighty one & 00 /100 Dollars (S 158,581.00) 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 subdivision plat named Bristol Pines Phase II and that certain subdivision 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 final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period ") 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15th day of February, 2012. LDCA:6 I 1LLC SIGNATORIES} Attest STATE OF ..... � `.��!.. (S .................... COUNTY OF .....g.f.V. .. k. .DW. X:...... On this ....... �. .......... day of Arnaud Karsenti ............... . 16A 91 Bristol Waterways, LLC By its Member: Waterways JV Holdings, LP By its General Partner: Florid eal Estate Value Fund ager, LLC By: Arnaud Karsenti, Managing Member LLC ACKNOWLEDGMENT ss: `...! ..!'.... ..............in the year 2012 before me personally come(s)... ................................................................................................ ............................... to me known who, being by me duly sworn, deposes and says tha e/s a resides in the City of..... H.1 r . y..1 ....................... that he he is the ......... Managing Member ............................. ............................... of ...... Bristol Waterways, LLC ............................. ............................ the corporation described in and which executed the foregoing instrument; that( he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that ie he signed /i her name thereto by ne CATi : -'1 ,tE ELIZ/��2TH MEDI ..... . ..... fir` "�Y (vlV;a" 8S1` 1 # EE003 i (Signature and title of official taking acknowledgment/ Notary) "S,: -�;r (: �, 2014 (407) 390 -G1. -- _ ovary:. .co.com International Fidelity Insurance Company Attest 4CIA /'t A Q��� SURETY ACKNOWLEDGMENT STATE OF ... ... .Flo rt0� ....................... ss: COUNTY OF.. A..... `�- .................... J On this ....... .......... day of ........ ""'' ." ..` � .................... in the year 2012 before me personally come(s)... ......Jason Valle ......................................................................... ............................... ..... ............................... to me known who, being by me duly swom, deposes and says that he /she resides in the City of........... 16A 91 thatQshe is the ..... {{nrru.t�. !n —fA.�' ........................... of the TI+> `R 707 .........I ...... the surety described in and which executed the foregoing instrument; that Oshe knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said surety, and that t�she signed his/her name thereto by like order. �� CL .................... ................. ............................... (Signature and title of official taking acknowledgment/ Notary) SHARI A UVINGS I t.: COMMtWON # DD96516E s � EXpIeoNOEU 14 RU eat Tel (973) 6247200 1 ^� POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennnysylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MATTHEW FOX, ROY DALTON MAY JR., JOSH STODART, JASON VALLE, CHRISTOPHER R. GAGNON, SHARI LIVINGSTON Maitland, FL. their true and lawful attomeyfs)-in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, regulation, contract or otherwise and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attomey is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by autlWly of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201D and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the r to appoint, and to revoke the appointments of, Attorneys -in -fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto* and (2) an such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance of pprocess and A)tomeys -ln -fact with authority to execute waivers and consents on behalf of the Corporation; and ((3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the dorporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 30th day of June, 2010. On this 30th day of June 2010, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. a.•�• NY Vi4Z CP.• pTAR QG'•,I JP IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 " "��►� "'' CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. STATE OF NEW JERSEY County of Essex 1936 * ROBERT W.MINSTER Y01 Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 30th day of June 2010, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. a.•�• NY Vi4Z CP.• pTAR QG'•,I JP IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 " "��►� "'' CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 6A 9/ International Fidelity Insurance Company ��0�A1XXQ� 1o6o Maitland Center Commons, Suite 310 Maitland, FL 32751 IFIC (407) 661 -4076 Fax: (407) 661 -4074 `S" 44** www.ific.com 144l"1 1904 BOND RIDER To be attached to, and form a part of Bond No. SEIFSU0586735 dated the 15`h day of February, 2012, with Bristol Waterways, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY as Surety, in favor of Collier County, as Obligee. It is understood and agreed that the bond is changed or revised in the particulars checked below: ❑ Name of Principal changed to: ,id' Amount of Bond Changed from $158,581.00 to $260,102.00 ❑ Other Said bond shall be subject to all its terms, conditions and limitations, except as herein expressly modified. This bond Rider shall become effective as of February 15`h , 2012. IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 16`h day of March, 2012. Principal: B stol wa s LL By: Arnaud Karsenti, ing Member INTERNATIO AL FIDELITY INSURANCE COMPANY By: 0 y4X, Charles D. Nielson, Attorney -in -Fact Tel (973) 624 -7200 POWER OF ATTORNEY 16A 91 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint BRETT ROSENHAUS, CHARLES J. NIELSON, CHARLES D. NIELSON, JOSEPH P. NIELSON Miami Lakes, FL. _.. .. ...... ....... _ .... ._ _._.... ....... ..... ....... ......... ................. ............................... its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or ermitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute 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 remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. /.ITV I#f IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL `� C-1 y 904 STATE NEW JERSEY �, p County of f Essex JE% 3► .r► Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. UOA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 16th day of Larch 2012 jo � r Assistant Secretary