HomeMy WebLinkAbout(#04) JoBear Inc, Roseland Road ExtensionA
d
MEMORANDUM
�o� 1 t% i
1ke0e%v�?s w
TO: Mr. JAMES W. DAVIS, P.E. aee
,KIR. THOMAS W. FRAME
MR. DOUGLAS R. ROZZELLtit ttp%
JOSEPH C.L. ("JAY") WETTACH, ESQUIRE ��
FROM: PATRICK T. CHRISTIANSEN, ESQUIRE
DATE: November 15, 1996
CLIENT: PTC ENTERPRISES, INC. (1687)
MATTER: SEBASTIAN LAKES ASSOCIATES, INC. (68445)
RE: JOBEAR - ROSELAND WORK (FINAL BONDS) STATUS
I have now received back the fully executed Multi -Obligee Rider. Accordingly, enclosed for
each of you is a fully completed copy of the Performance Bond and Payment Bond for the
Roseland Road work being done by JoBear. Please note that this is for the road work itself
and does not apply to the site work as it relates to the Winn Dixie store.
Please call me if you have any questions.
attachment
cc: Mr. Donald M. Huber (w/o attch.)
PTC
a
•��r —4'" p RP Bond @138 048 545.
THE AMERICAN INSTITUTE OF ARCHITECTS
`�i•ir% 1 r11. 1
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jobear Inc.
P. 0. Box 1866
Melbourne, Florida 32901-1866
OWNER (Name and Address):
P. T. C. Enterprises, Inc.
P. 0. Box 231
Orlando, Florida 32802
SURETY (Name and Princioal Place of Business):
American Casualty Co. of Reading, Pa..
2303 N. Semoran Boulevard
Orlando, FL 32807-3793
CONSTRUCTION CONTRACT
Date: 9-15-96
Amount: $172, 805.00
Description (Name and Location) :
Roseland Road Extension
BOND
Date (Not earlier than Construction Contract Date): 10-17-96
Amount: $172,805.00
Modifications to this Bond: ❑ None
CONTRACTOR AS IPAL
Company: rporate Seal)
Jobea Inc.
Name and Ti
(Any additional signatures appear on page 3)
SURETY
❑ See Page 3
ny: (Corporate Seal)
Ame 'can C Co.lof Reading, Pa.
S' natur
ame and Title: aura D. Mosholder
Attorney In Fact & Florida Resident Agent
(FOR INFORMATION ONLY—Name, Address and �elephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Huckleberry, Sibley & Harvey other party):
1901 Lee Road Ron Howse, P. A.
Winter Park, Florida 32789
(40.7) 647-1616
AIA DOCUMENT A312 • PERFORMANCE BOND AND -PAYMENT BOND • DECEMBER 1964 ED. • AIA
THE AMERICAN INSTITUTE OF ARC(57ECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 i
THIRD PRINTING 9 MARCH 1967
I 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able 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 Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 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 accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared 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 ex-
cess 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 deter-
mined, 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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance 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 Con-
struction 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.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
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 oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0
THE AMERICAN INSTITUTE OF ARCJ�5ECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 A312-1984 2
THIRD PRINTING • MARCH 1987
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 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 con-
forming 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 Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form 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 Con-
tractor 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: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and
Address:
Title:
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 40
THE AMERICAN INSTITUTE OF ARCAECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-194 3
THIRD PRINTING • MARCH 1987
CNA
For AU the Commitments You Make®
MULTI -OBLIGEE RIDER
To be attached to and form a part of contract bond number 138 048 545 issued by the
on behalf of
American Casualty Co. of Reading, Pa.
Jobear, Inc.
intheamountof One hundred seventy two thousand eight hundred five and no/100--------
Dollars ($ 172,805.00****** ) and dated 10-17-96 in favor of
P.T.C.Enterprises, Inc.
In consideration of the sum of One Dollar ($1.00). and other good and valuable consideration receipt of which is hereby
acknowledged. the Undersigned hereby agree as follows:
1.The City of Sebastian, Florida and Indian River County
and SouthTrust Bank of Florida, National Association _
are hereby added to said bond as additional obligees.
2. The Surety shall not be liable under this bond to the Obligee. or either of them unless the said Obligees, or either of them,
shall make payments to the Principal strictly in accordance with the terms of the said contract as to payments, and shall
perform all other obligations to be performed under said contract at the time and in the manner therein set forth.
3. No suit. action or proceeding by reason of any default whatever shall be brought on this bond after two (2) years from the
day on which the final payment under said construction contract falls due.
4. Aggregateliability of Surety hereunder to Obligees is limited to the penal sum above stated and Surety. upon making pay-
ment hereunder. shall be subrogated to. and shall be entitled to an assignment of all rights of the payee with respect to the
particular obligation discharged by the payment, either against principal or against any other party liable to the payee on
the discharged obligation.
Signed. Sealed and Dated this 17th day of October -1996
Indian River Count
Form G -85831-A
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jobear Inc.
P. 0. Box 1866
Melbourne, Florida 32901-1866
OWNER (Name and Address):
P. T. C. Enterprises, Inc.
P. 0. Box 231
Orlando, Florida 32802
CONTSTRUCTION CONTRACT
Date: 9-15-96
Amount: $172,805.00
Description (Name and Location):
Roseland Road Extension
BOND
Date (Not earlier than Construction Contract Date):
Amount: $172,805.00
Modifications to this Bond:
CONTRACTOR A!
Company:
Jobea Inc.
Signature:
Name and
(Any additional signatures appear on page 6)
SURETY (Name and Principal Place of Business):
American Casualty Co. of Reading, Pa.
2303 N. Semoran Boulevard
Orlando, F1 32807-3793
10-17-96
❑ None
SURETY
❑ See Page 6
Company: (Corporate Seal)
American C Co f Reading, Pa.
Signature: J
Name and Tite: Laura D. Mosholder
Attorney In Fact & Florida Resident Agent
(FOR INFORMATION ONLY— Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
Huckleberry, Sibley & Harvey party):
1901 Lee Road Ron Howse, P. A.
Winter Park, Florida 32789
(407) 647-1616
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHOCTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 20006 A312-1984 4
I The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, succes-
sors 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 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
entitywho furnished labor, materials or equipment for use
in the performance of the Construction Contract, pro-
vided 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 furnished 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 furnishing the above notice any communication
from the Contractor by which the Contractor has
indicated the claim will be paid directly or indirect-
ly; 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 compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 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.
8 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, if 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 of any change, includ-
ing 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 jurisdic-
tion 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 Subpara-
graph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or
service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construc-
tion 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, the 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 com-
pliance 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 legal requirement shall be
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 5
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.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish 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
contractwith the Contractor orwith 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
"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 and engineering services required for perfor-
mance of the work of the Contractor and the Contractor's
subcontractors, 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:
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 6
American Casualty Company
of Reading, Pennsylvania
CNA
For AR the Com®itments Yau Make°
Office/Chicago, Illinois
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly
organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and State of
Illinois, does hereby make, constitute and appoint Benjamin P. Sibley, James H. Breen, George E. Motler, Laura D. Mosholder,
Benjamin Craig Sibley, Individually
of Winter Park, Florida
its true and lawful Attomey-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments
were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said
Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors
of the Company.
"Article VI—Execudon of Obligations and Appointment of Attorneydn-Fact
Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution
of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the
limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution
of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any
Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which
it is attached, continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by its
Group Vice President and its corporate seal to be hereto affixed on this 6th day of April 1 1995 .
Go AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
LX14
-1000e���
State of Illinois, County of Cook, ss: M.C. Vonnahme Group Vice President
On this 6th day of April 1 1995 , before me personally came
M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois;
that he is a Group Vice President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in and
which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant
to like authority, and acknowledges same to be the act and deed of said corporation.
rVER �11�R/ V•
eok c
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
I, Robert E. Ayo , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the By -Laws of the Company and the
Resolution of the Board of Directors, set forth in said Power of Attomey are still in face. In testigiony whereof I have hereunto subscribed y
name and affixed the seal of the said Company this /% d4e day of G�
OM
E8 -23142-D Robert E. Ayo Assistant Secretary