Loading...
HomeMy WebLinkAbout(#06) Microsurfacing, Florida Highway Products Inc440 THE MOUNTBATTEN SURETY COMPANY, INC. Address for notice to the surety: BOND NO.: TREIB-000015-PP —�- c% The Mountbatten Surety Co. Attu: Corporate Counsel _ 33 Rock Hill Road Performance Bond °° v Bala Cynwyd, PA 19004 �-- Telephone 610-664-2324singwar reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Facsimile - 610 664 2297 Cil CONTRACTOR (Name and Address): FLORIDA HIGHWAY PRODUCTS, INC. 3900 US HIGHWAY 17N BARTOW, FL 33830 OWNER (Name and Address): CITY OF SEBASTIAN, FL 1225 MAIN STREET L SEBASTIAN, FL 32958 CONSTRUCTION CONTRACT Date: SURETY (Name and Principal Place of Business): THE MOUNTBATTEN SURETY COMPANY, INC. THIRTY THREE ROCK HILL ROAD BALA CYNWYD, PA 19004 Amount: ONE HUNDRED TEN THOUSAND & 00/100 ($110,000.00) DOLLARS Description (Name and Location): MICROSURFACING BOND Date (Not earlier than Construction Contract Date): FEBRUARY 179 2000 Amount: ONE HUNDRED TEN THOUSAND & 00/100 ($110,000.00) DOLLARS Modifications to this Bond: CONTRACTOR AS'PRINCIPAL 'r COn�pany (Corporate Seal) jLORIDA HIGHWAY PRODUCTS, IN" e and title : a _ , ` , , n (+A n additional sign tur s ap a on Page y. P ON THE ft -CORDS CW JEFFREY K. BARTON CLERK CIRCO �� UFff WDA RIVER 3C w ® None ❑ See Page 3 SURETY , Company: THE, MOUNTBATTEN SURETY. f Name and Title: Richard (FOR INFORMATION ONLY - Name, Address and Telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer AGENT or BROKER: other Party) THE TREIBER GROUP LLC 377 OAK STREET GARDEN CITY, NY 11530 AIA DOCUMENT A312 • PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A312-1984 1 COU TERSIGNED: Marvin Allan Foster, Jr. W N N -v O CJl co l0 L The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contract Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting form the actions or failure to act of the surety under Paragraph 4; and 6.3 Liquidation damages, or if no liquidation damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. �. �0• 8. The Surety hereby waives notice of any change, changes of time, to the Construction Contract or to subcontracts, purchase orders and other obligations. including related W 9. Any proceeding legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A312-1984 2 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. IL When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. c� r W (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) N N CONTRACTOR AS PRINCIPAL SURETYCD Company: (Corporate Seal) Company: (Corporate Seal) C..n kD Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 41) THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A312-1984 3 SURETY ACKNOWLEDGMENT STATE OF NEW YORK { SS: COUNTY OF NASSAU � On this 17TH day of FEBRUARY in the year 2000, before me persona[iy came RICHARD GUARINI to me known, who being by me duly swom, did depose and say that he resides in AMITYVILLE, NY; that he is the attorney-in-fact of THE MOUNTBATTEN SURETY COMPANY, INC. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP JEAN C. SPEIRS NOTARY PUBLIC, State of New York No. 01 SP5073687 Ou iified in Nas�.au Counk, Commission Expire,_ ivtarch 3, 20-D-1 NOTARY PUBLIC INDIVIDUAL —PRINCIPAL STATE OF SS: COUNTY OF On this day of 1GL_, before me, the undersigned personally came to me personally known and known to the individual described In and who executed instrument and duly acknowledged to me that executed the same. NOTARY PUBLIC STAMP CORPORATION - PRINCIPAL and appeared me to be the foregoing NOTARY PUBLIC STATE OF 00(i SS: COUNTY OF� tk On this T ay of �C , before ml paipe lel �� to me known, who, being by me duly mom, did d and say that he resides at �J that he is Vi%eA we.%,ic'len7 of FLORIDA HIGHWAY PRODUCTS. INC. the corporation described in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corproate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by Gke order. NOTARY PUBLIC STAMP o0AY P KAREN J. HENSLEY COMMISSION # CC 654176 0 EXPIRES JUN 9, 2001 BONDED THRU 4OF P ATLANTIC BODING CO., INC. PARTNERSHIP - PRINCIPAL STATE OF SS: COUNTY OF On this day of , 19 , before me personally came _ personally known, and known to me to be a member of the firm of acknowledged to me that he executed the same for the uses and purposes therein mentioned. NOTARY PUBLIC STAMP NOTARY PUBLIC W to me IN) and he duly N G7 O Ul kD N NOTARY PUBLIC THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Richard Guarini, Irene M. Kowalski, Milena Langert, Gary Morrissey, Jean C. Speirs, and/or Robert G. Tynan all of Garden City, New York its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: NOT TO EXCEED SIX MILLION DOLLARS— ---------------------($6,000,000.00) Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with Its corporate seal; and all the acts of said Attomey-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the excution on behalf of the surety of releases of any nature, claim settlements or compromises, consents of surety as they relate to release or reduction of retainage or final payment or agreements not of the type generally construed to be contracts of suretyship or undertakings. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any Claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attomey-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attomey-In-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 15th day of November, 1999. 071 uit THE MOUNTBATTEN SURETY COMPANY, INC. (Seal))Attest: By: ry L. Brigg, Secre Kenneth L. Brier, Preside t Notarial Seal Anthony T. Stewart, Notary Public Lower Merton Twp., Montgomery County Commonwealth of Pennsylvania My Commission Expires Aug. 5, 2002 County of Montgomery Member. PennsvIvaniaAssociationof Notaries On this 15th day of November, 1999, before me personally appeared Kenneth L. Brier, President of The Mountbatten Surety Company, Inc. with whom 1 am personally acqua'.rtad, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety Company, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that lie signed his name thereto as President of said Corporation by like authority. � C3 (Seal) 7- (_� 7 - Notary Public CERTIFICATE W I, the undersigned Secrstary of me Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a (V full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of tV Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12-1 of the By -Laws of The -0 Mountbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the G_') By -Laws of The Mountbatten Surety Company, Inc.: CD "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on Cl any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By -Laws appointing and authorizing an Attomey-in-Fact to sign in the name and on behalf pf_'%; Cbrporation surety bonds, underwriting undertakings, or other kD instruments described in said Section 12-1, with like effect as if such seal and 5Cf s*'g9ature had been manually affixed and made." W In Witney Whereof, I have k�ereunto set my hand �n�! affixed the corporaaea(of the Corporation to these presents this �S7 dayof February , 20 0 This power of attorney is only valid with Code # `" d the oridAl; lied stamp affixed hereto. (seal) 4 ,"a`�r t 'el , Gary . Brag Secretary ((Stamp), h+'*'. .www. •]1-iP, MOUNTBAWEN SURETY COWANY, INC. FINANCIAL STATEMENT THE MOUNTBATTEN SLMIXY COMPANY, INC, STATUTORY BMIS DECEMBER 31,1998 ADMITTED A.SSPTS I.IARILITIE,S, CAPIM AND SURPLUS Bonds, at amor ked cost $ 2,021,059 Loss and loss adjustment vgmses 3 (4,223,284) Cash anti short term _invcstmcnts, Unearned premituns 1,783,439 at cost, which approximates market 2,613,088 Premium takes payable 56,766 Common Ires Auq. 5, 2x02 MY .� Fvdcral ir=mc txcs payablc 651,850 Total cash and investments 4,6349147 Due to rcinsurcr 434,000 Other habiMcs 36.RR6 Prcmium receivable 2,029,962 Reinsurance recoverables 2,222,226 Accrued investment income 21,803 Totol liabliics (11260,343) Due from parent 302,527 Prepaid reinsurance premiwns 54,505 Orher assets 11,893 Capital 1,200,000 Surplus3�6 Total capital and surplus 10,537,406 Total admitted assets $ 9 2063 Total liabilities, capital and surplus $ 9 27�Ob3 noel D. Cooperman, being duly sworn, says: That he is the Vice President and Chief Accounting Officer of THE MOUNTAATTEN SURETY COMPANY, INC., and tl= the foregoing statement to the best of his knowledge old belief is a fuU, true, and correct statement of the financial condition of the said Company on the 31'm day of Deco nbcr 31, 1998. Statc Pennsylvania County Montgomery Sworn acid subscribed before me this 22-'a day of Apa 1999 � � r •r. i't«rrnr Ttt�B Root Htu. Rono �• BMACYnnwo. l��A 19004 ^• (614) 884-2324 •- FAx (810) 694.229? W N N JcdD. NmnpA Vim Preid= mdc�kfA=uFI63gOM o Notarial SoW Anthony T. Stewart, Notary punas Lower Menon jwp. Montgomery County l� Common Ires Auq. 5, 2x02 MY .� Member. ftvws kraft Assoc Jatton of Notaries -T Anthony Stewart, No Public i't«rrnr Ttt�B Root Htu. Rono �• BMACYnnwo. l��A 19004 ^• (614) 884-2324 •- FAx (810) 694.229? a� •� 04-1 a. Address tot notic:, U c/o the Mountbatten Sure kHE MOUNTBATTEN SURETY Attn: Corporate Counsel 33 Rock Hill Road Bala Cynwyd, PA 1000 COMPANY, INC. Telephone 61 r�-c 4 PaymentFacsimile, 610- _,� �' Bond BOND NO.: TREIB-000015-PP Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): FLORIDA HIGHWAY PRODUCTS, INC. 3900 US HIGHWAY 17N BARTOW, FL 33830 OWNER (Name and Address): CITY OF SEBASTIAN, FL ftIt o 1225 MAIN STREET SEBASTIAN, FL 32958 CONSTRUCTION CONTRACT Date: SURETY (Name and Principal Place of Business): THE MOUNTBATTEN SURETY COMPANY, INC. THIRTY THREE ROCK HILL ROAD BALA CYNWYD, PA 19004 IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER G0., FLA. Amount: ONE HUNDRED TEN THOUSAND & 001100 ($110,000.00) DOLLARS Description (Name and Location): MICROSURFACING BOND Date (Not earlier than construction contract Date): FEBRUARY 17, 2000 Amount: ONE HUNDRED TEN THOUSAND & W100 ($110,000.00) DOLLARS Modifications to this Bond: 1 a g r ' . •t 2 diOR AS PRINCIPAL j Iuny tf' (Corporate Seal) GRID' HIGHWAY PRODUCTS, INC. Signature: I4ai'and'itIe jpe�-�- I-� . (YLt 1 , AE� �5 v (Any additional signatures appear on Page 3) // SURETY Company: THE MOUNTBATTEN SURETY Name and Title: Ri ❑ See Page 3 (qo�orate Sell) Wyo., N . , P Y,� f� i • a I�j�3�{ Q1.Y t� ,� l.�i 1 —v ZZ �a (FOR INFORMATION ONLY -Name, Address and Telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or C=) AGENT or BROKER: other Party) Cil THE TREIBER GROUP LLC �.D 377 OAK STREET Un GARDEN CITY, NY 11530 AIA DOCUMENT A312 • PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A312-1984 4 COUNTERSIGNED: xaoi-_ "41S, - Marvin Allan Foster, r. L The Contractor and the Surety, jointly and severally, bind themselves,, their -heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes the payment, directly or indirectly for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who fiunished labor, materials or equipment of use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have fiunished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of famishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. S. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, of any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice to any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however, accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA DOCUMENT A312 . PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A312-1984 5 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fiunish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: and engineering services required for performance of the work of the Contractor and the Contractor's subcontractor's, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL: SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 (Corporate Seal) A312-1984 6 SURETY ACKNOWLEDGMENT STATE OF NEW YORK S SS: COUNTY OF NASSAU � On this 17TH day of FEBRUARY in the year 2000, before me personally came RICHARD GUARINI to me known, who being by me duly sworn, did depose and say that he resides In AMITYVILLE, NY; that he is the attorney-ln-fact of THE MOUNTBATTEN SURETY COMPANY, INC. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. rUMIL: 11AMr W` ' — — --- -- NOTARY PUBLIC, State of New York No. 01 SP5073687 Q+_r,,1ied in Nassau Cct,,ill., / Cor , i s s i o n E, i:Iarch 0� INDIVIDUAL —PRINCIPAL STATE OF SS: COUNTY OF NOTARY PUBLIC On this day of 19 before me, the undersigned personally came and appeared to me personally known and known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged to me that executed the same. PUBLIC STAMP NOTARY PUBLIC CORPORATION - PRINCIPAL STATE OF Ao rlda� SS: COUNTY OF �j k✓ 11,14- l On this o4ok day of Cthr-b" before meane• c to me known, who, being by mQ duly rp, did IR Se say that he resides at. Q �r that he is f n' of FLORIDA HIGHWAY PRODUCTS. INC. the corporation described in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corproate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP KARON J. HSNSLV COMMISSION # CC 654176 EXPIRES JUN 9, 2001 VOF P- ATlANi1C BOIL THRu NG co. INQ NOTARY PUBLIC PARTNERSHIP - PRINCIPAL STATE OF SS: COUNTY OF 0 ao On this day of 19 before me personally came to me '-- personally known, and known to me to be a member of the firm of and he duly W acknowledged to me that he executed the same for the uses and purposes therein mentioned. IU NOT -O G'� CD CJ1 NOTARY PUBLIC t-0 co C THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Richard Guarini, Irene M. Kowalski, Milena Langert, Gary Morrissey, Jean C. Speirs, and/or Robert G. Tynan all of Garden City, New York its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other Instruments of a similar nature as follows: NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000.00) Such insurance policies, surety bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with Its corporate seal; and all the acts of said Attomey-In-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the excution on behalf of the surety of releases of any nature, claim settlements or compromises, consents of surety as they relate to release or reduction of retainage or final payment or agreements not of the type generally construed to be contracts of suretyship or undertakings. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992.with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attomey-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attomey-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 15th day of November, 1999. d��s���o THE MOUNTBATTEN SURETY COMPANY. INC. (Seal) )1 Attest: By: &AAA,, r AVOW � Ory L. B gg, Secre Kenna L. Brier, Preside t Notarial Seal Anthony T. Stewart, Notary Public Lower Merton Twp., Montgomery County Commonwealth of Pennsylvania My Commission Expires Aug. 5, 2002 County of Montgomery Member. PennsvivardaAssociationofNotaries On this 15th day of November, 1999, before me personally appeared Kenneth L. Brier, President of The Mountbattgn Surety Company, Inc. with whom I am personally ac quu:ntad, who, being by me duly swom, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety Company, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that Ire signed his name thereto as President of said Corporation by like authority. (Seal) 9 ?• r ��s�.,,�� - Notary Public CERTIFICATE c) I, the undersigned Secrstar of Time Mountbatten Sure Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a � 9 �+ SuretyY fY 9 Y 9 9 �. full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of W Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12-1 of the By -Laws of The Mountbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the N By -Laws of The Mountbatten Surety Company, Inc.: N "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on -p any certification of the correctness of a copy of an Instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By -Laws G7 appointing and authorizing an Attomey-in-Fact to sign In the name and on behalf ofheCor orition surety bonds, underwriting undertakings, or other p instruments described in said Section 12-1, with like effect as if such seal and suciiiignature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate se itim `tran to.2hese presents this 17 day of FebrUa —920 00 . r '� This power of attorney is only valid with Code # TREIB000015—PP RdT� 'i �2i; gad sta4..!ffixed hereto. . s s' Vii♦ (seal) IL -r. �.:.,,�";,*,fig Ga .Bra Secretary�`� (Stamp) rY BragV, it •_ THF, MOUI,TTBATT'EN SURETY COMPANY, INC. FINANCIAL STATEMENT THE MOUNTBATTEN SURETY COMPANY, INC. STATUTORY DASIS DECEMBER 31,1998 ADM1T'fRD A.SSRTS C> UARiT..TTJF.S, CAPITAL AND SURPLUS Bonds, at amortiwd cost $ 2,021,059 Loss and lots adjustment expenses $ (4,2231284) Cash and shoe t term investments, Notarial 3aW Anthany T- Stewart, Notary Puiblic Lower Meno jWp., Mmrtga�tery Cocinty Uaeanied premiums 1,783,439 at cost, which approximates market 2,613,088 Premium taxes payable 56,766 Federal income ta=s payable 651,850 Total cash and investments 4,634,147 Due to reinsurer 4340000 Other liabilities 36,886 Premium receivable 2,0291962 Rainsuz- nce recoverables 2,222,226 Ac civcd investment income 21,803 Total liabilities (1,260,343) Due from parent 302,527 Prepaid reinsurance premiwns 54,505 Orher assets 11,893 Capitol 1,200,000 Surplus 9.337.406 Total capital and sure s 10,537.406 Total admitted assets $ 9,277063 Total liabilkies, capital and surplus $ 9,277.063 3oel D. Cooperman, being duly sworn, says: That he is the Vice President and Chief Accounting Officer of THE MOUNTAA'iTEN SURETY COMIWANY, INC., and thoz the foregoing statement to the best of his knowledge and belief is a full, u ie, and correct statement of the financial condition of the said Company on the 31u day of DeccmbtT 31, 1998. r Seal SLItC Pennsylvania County Mosntgoinery Sworn and subscribed before me this 22,ul clay of April, 1999 � ••ti. � • • moi• r r • v. �� Tm-nr Tt-w� Rome wia. Rona Bu.n CvNwm. PA 19004 ••• (610) 664-2324 FAX (610) 884.2297 C> w lO JMD. V= Pres&d= =2dCNefAwourin6'0&= N Notarial 3aW Anthany T- Stewart, Notary Puiblic Lower Meno jWp., Mmrtga�tery Cocinty -v Ccrnmissfon Ires Aug, 5, 21O CN Member, Pennsyhrania Associatbn of Natenea Anthony Stewart, Not public Tm-nr Tt-w� Rome wia. Rona Bu.n CvNwm. PA 19004 ••• (610) 664-2324 FAX (610) 884.2297 Mar -16 - 00 02:44P hall arid- parme l 516 333 1638 P.02 �eER 4QG TREIBER r GROUP 1m IR? A QmWry of Leadffship 1899 * Our 1000 Annivemary - March 7, 2040 To: Tom Fursa, Parmel Agency From: ,dean Speirs The last two bonds we issued for Florida Highway Products were inadvertently issued with the same bond number. Therefore, enclosed is Endorsement to the bond for the City of Sebastian, making the bond number TREIB-000014-PP. Please forward to Florida Highway. They must sign and attest the Rider and have the signature acknowledged by a Notary. It should then be sent to the City of Sebastian. 377 Oak Street • CS 601 • Garden City, Now York 11530-0601 • (516) 745-0800 • (718) 347-3100 • Fax (516) 745.0082 www.troiber-group.com Mar -16-00 02:44P halland-parntel 516 333 1638 P.03 THE MOUNTBATTEN SURETY COMPANY, INC. 33 Rock Will Road, Bala Cynwyd, PA 190004 (610) 664-2324 ENDORSEMENT NO. 001 Attached to and forming part of Bond No. TREIB000015PP, effective on February 17, 2000, on behalf of Florida Highway Products, Inc. of 3900 US Highway 17N, Bartow, FL 33830, as Principal, in favor of City of Sebastian, FL, 1225 Main Street, Sebastian, FL 32958, and in the amount of One Hundred Ten Thousand & 001100 ($110,000.00) DOLLARS. It is understood and agreed that effective February 17,2000 the above captioned bond shall be changed as follows: "THE BOND NUMBER SHALL BE CHANGED TO: TREIB-000014-PP." All other conditions and terms to remain as originally written. Signed, sealed and dated this 7TH day of MARCH, 2000. FLORIDA HIGHWAY PRODUCTS, INC. Attest By: k4-- 'd6�� Address fof notice to uie :xr is . c/o The Mountbatten Surety CL Attu: Corporate Counsel 33 Rodc Hill Road Bala Cynwyd, PA 19004 Telephone 610.664 -?324 Facsimile 610-664-'_'2°7 THE MOUNTBATTEN SURETY COMPANY, INC. Sy. AC4��. Richard Gu d0,Aorney4n-fact Mar -16 — 00 02:44P ha 1 l arid— parme l 516 333 1638 P.04 SURETY ACKNOWLEDGMENT STATE OF NEW YORK SS' COUNTY OF NASSAU On this TM day of MARCH in the year 2M, balm me persoruYy came RICHARD GUAM to me known, who beeng by me duty mom. did depose sad salt that he resides in AMU M" NY; that he is the attorney-in-fact of THE MOUNTBATTEN SURETY COMPANY. INC. the corporation desalied in and which executed ft above instrument; that he knows the seat of said corporaticn; that the seal affbod to said mstrument is such corporate seal that it was so affiked by order of the Board of Directors of said corporation, and that he signed his nam thereto by eke order. NOTARY PUBLIC STAMP JL ►''v F,• ,` risr 0 NOTARY Pt t:, Stags of New York � It c Ir NOTARY PUBLIC INDIVIDUAL — PRINCIPAL STATE OF SS: COUNTY OF On this _ day of 19 before rne. the undersigned personally came and appeared to trw personaRy known and known to me to be the mdn xkW described in and who executed tits foregoing instrument and duty grim to rrte that ex uteri the same. CORPORATION - PRINCIPAL STATE OF f 1 rt SS: COUNTY OF �%jt On this ,A'h day ofi" before no •.JC�h n 1v to me known who, being -g� dt�Iy swom, depose snd say that he rosidse at OW he is 'CY �fin of FL.ORIL?A WW WAY PROQUCTS. INC. the corporation described in and which executed the foregoing Instrument as principal; that he knows the seal of said corporation; that the seal aft W to said instrunent is such c orproate *eel; that it was so often by order of the Board of Directors of said corporation, and that he signed his ntwm #mobo by Ma ardent. 141 KAREN I NSNSLE1r ' COMMI�ON # CC 654176 i4li, DVIRf lUN 9.2001 PARTNERSHIP - PRINCIPAL STATE OF SS' COUNTY OF On thea _ day of 19 before me pwrsonaRy came . personadt knowm% and known to rrte to be a member of the firm of acknowledged to me that he executed the same for the ton and purposes therein mentioned. to me and he duly Mar -16-00 02:44P hal 1 and-parme l 516 333 1638 P-05 THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed. and by these presents does make. constitute and appoint Richard Guarini. Irene M. Kowalski, Milena Langof% Gary Morrissey, Jean C. Speirs, and/or Robert G. Tynan all of Garden City, Now York its true and lawful Attorney -in -Fact. to make, execute arid deliver on Its behalf insurance policies. surety bonds, undertakings and other instruments of a similar nature as follows: NOT TO EXCEED SIX MILLION DOLLARS Rd,6.000.000.00) Such insurance policies. surety bonds. undertakings and instruments for said purposes. when duly executed by the aforesaid Attomey-ir•Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and seated with its corporate seal. and all the acts of said Attomey-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the excution on behalf of the surety of releases of any nature. claim settlements or compromises. consents of surety as they relate to release or reduction of retainage or final payment or agreements not of -the type generally construed to be contracts of suretyship or undertakings. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1952 with all Amendments thereto and are 9011 In full force and effect: 'Amite XII: Policies. Bonds. Recognitions. Stlputatkms. Consents of Surety. Underwriting Undertakings, and Instruments Relating Thereto. Section 121. Insurance policies. bonds, recognitions, stipulations. consents of surety and underwriting undertakings of the Corporation, and releases, amts and other writings retai ng in any way thereto or to any claim or loss thereunder. shall be signed In the name and on behalf of the Corporatiar: a) by the Chairman of the Board, the President or a Vice President and by the Secretary or an Assistant Secretary: or b) by an Aitomey4n-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President. or a Vice President to make such signature. or c) by such oiler officers or representatives as the Board may from time to time determine. The seal of the Corporation shag If appropriate be affixed thereto by any such officer, Attorney -in -Fad or representative. The authority of such Attomey4n-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." tN WITNESS WHEREOF. The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duty attested this 15th day of November. 1999. �`e"�' THE MourrrexrTwN Suueerr CouPANY. hoc. �N (Seal)) =, Attest: By: ILI,�....,,r► ,f ry L. Brig g. SecreW Kenneth Lrter.7Lower Notertal Seal • A��T. rtetyly l wft UWU Commonwealth of Pennsylvania My Comndsstort Expires Aug .2002 County of Montgomery Member.PennsWanta AssociallonofNoWles On this ISM day of November. 1999. before me personally appeared Kenneth L Brier. President of The Mountbatten Surety Company, Inc. with whom I am personally apquairI.W. who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety Conipwry. Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seat of the said Corpmation: that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporatio<t: and that he signed his name thereto as President of said Corporation by tike audwrity. (Seal) W7'•�i....,�� - Notary Public CERTIFICATE 1, the undersigned Seerstary of rile Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attomey of which the foregoing is a fun. true and correct may. is in fail force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided In Section 12-1 of the By -Laws of The Mountbatten Surety Cony. Inc. This Certificate may be signed and seated by facsimile under and by authority of the following provisions of the By -Laws of The Mountbatten Surety Company. Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authofted person pursuant to Article X11, Section 12-1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the narne and on behalf of the Corporation surety bonds. underwriting undertakings. or other Instruments described in said Section 12-1. with tike effect as if such seal and such signature had been manually affixed and made.' In Witness Whereof. I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 7 day of March . 20 00 . This power of attemey is only valid with Code # 00 . and Me original, red stamp affixed hereto. (seal) A_ 1 ` � (Stern p) Gary : B Secretary Mar -16-00 02:45P halland-parmel 516 333 1638 P.06 I'M MO NYTBA"["TFN SURETY CVA NY. INC. FINANCIAL STATEMENT THE MOUNTBATTEN SURETY COMPANY, INC. STATUTORY BASIS DECEMBER 31,1898 Bonds, at aaortized Cost C.ah and shun tam iavcsuncnts, at cost, which approximates marina Total cash and Lwestnmts Prcmiam rocriv'able Rrinsum= recoverables A=nwd investment income Due from parent Ps+cpaid minor mce praniums Urher assets Total mWaed users JcW D. Qop�, being duly sworn, says: Thar he is the vices Presidems and O dO Aecountug Officer of THE MOUNTBA EN SURM'Y COMPANY, INC, and that the foregroing sme as:nt to tho best of his knowWge quid beW is a full, true, and correct stnumem of the financial condition of the said Company on the 31a day of Dcccmbrr 31,1998. Seal State Pennsylvania Conary IVtmmma y Sworn atd subscr W before me this zw day of April. 19" JodD. voeP detrsnd�iefA�000u�siMOToar 110cm saw fLWW mWan 1%2- himmmikm r" Stewart, Ttoar Trwm tsooc th. Raine -- HLu.n e` mWvo. 0� IMXW — 0610) W4-=4 — FAx (Blo) W* -azo? 1JAR11.1'1 ES. CAPTt' L AND SURPLUS S 2,021.059 Lou and loss adjustmait menses S (4,223,284) Vammed premiums 1,7 93,439 b.�i Pra nium tams payable 56,766 Fc&rA iucom taus payable 651,850 4,634,147 Due to nia 434,0 00 _surtz Odmr ' b m 20P.962 2,222,226 21,803 Tata1 liabues (1,264343) 302,527 54,505 11.893 Capiml 1,200,000 suPius 9,337,406 Total capital and swphe to's S 9r Total lt*.Ik;lmgx capital and surplus $ 9 77 JcW D. Qop�, being duly sworn, says: Thar he is the vices Presidems and O dO Aecountug Officer of THE MOUNTBA EN SURM'Y COMPANY, INC, and that the foregroing sme as:nt to tho best of his knowWge quid beW is a full, true, and correct stnumem of the financial condition of the said Company on the 31a day of Dcccmbrr 31,1998. Seal State Pennsylvania Conary IVtmmma y Sworn atd subscr W before me this zw day of April. 19" JodD. voeP detrsnd�iefA�000u�siMOToar 110cm saw fLWW mWan 1%2- himmmikm r" Stewart, Ttoar Trwm tsooc th. Raine -- HLu.n e` mWvo. 0� IMXW — 0610) W4-=4 — FAx (Blo) W* -azo?