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HomeMy WebLinkAboutC & S Technical Resources, IncMarch 12, 2015 C & S Technical Resources, Inc. 605 E. Robinson Street, Suite 210 Orlando, FL 32801 RE: Release of Fidelity and Deposit Company of Maryland Performance Bond #9133981 To Whom It May Concern: am releasing bond #9133981 issued by Fidelity and Deposit Company of Maryland in the name of C & S Technical Resources, Inc. in the amount of $512,968.00 dated February 26, 2014, to the City of Sebastian for the project Sebastian Municipal Airport/Golf Course Storage Building, located within the City of Sebastian. The bond is enclosed. Sinc ely, Sally A. io, MMC City Clerk Attachment: Original Bond #9133981 cc. City Manager City Attorney Community Development Director Administrative Servkes Director Bond No. 9133981 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESES PRESENTS: that 605 E. Robinson St., Ste 210, Orlando, Florida 32801 as Principal, hereinafter called Contractor, and, 1400 American Lane, Schaumburg, Illinois C&S Technical Resources, Inc., (Here Insert full name and address or legal We of Contractor) Fidelity and Deposit Company of Maryland, (Nene Insert M Frame and address or lew title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 (Here (nest full name and address or legal We of owner) as Obligee, hereinafter called Owner, in the amount of Five Hundred Twelve Thousand Nine Hundred Sixty Eight and 001100 Dollars ($ 512,968.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has written agreement dated February 6, 2014 , entered into a contract with Owner for (Here insert fall nems, address and descs"on of project) Sebastian Municipal Airport -Golf Course Storage Building in accordance with Drawings and Specifications prepared by Owner (Here Insert full name and address or legal title of Amtft 2) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 40 FEBRUARY 1970 ED 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 171 S N.Y. AVE.. N.W. WASHINGTON, D.C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract In accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract Signed and sealed this 26th (act (Witness) La'tx� (witness) or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. day of February 2014 C&S Technical Resources, Inc. - (Principal) (Se8/) (Title) Fidelity and Deposit Company of Maryland (Surety) (Seat) Witte) Richard A. Lyons, Attomey4n-Fact ALA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL. PAYMENT BOND • A1A 0 FEBRUARY 1970 ED • THE AMERICAN LNST1I UTE OF ARCtirrECTS, 1715 N.Y. AVE.. N.W. WASHINGTON. D.C. 20006 2 Individual Acknowledgment State of County of On this I)SS. day of ACKIMM "DM 19 before me personally came , to me known, and known to me to be the individual described in and who executed the foregoing Instrument, and acknowledge to me that he executed the same. My commission expires Notary Public ... ...... ...........................»..............»............»........»»..........».»............»..............................».........................................»..»....»».....»..................»...»....»»...»....... Flrm Acknowledgment State of County of On this I)SS. day of 19 before me personally came to me known, and known to me to be a member of the firm of described in and who executed the foregoing Instrument, and he thereupon acknowledged to me that the executed the same as and for the act and deed of said firm. My commission expires Notary Public Corporation Acknonw' l'e`dgment State of New County of �(� Q� I)SS. �n this day of Qb 20 1 before me personally came J� to me known, who being by me duly swam, diq deposend say that he/s a is the of r S C T-edt Y1_► (6-1 R'0 V) Lt ( f), S. ( ki the corporation described in and which executed the above nstrument; that he/she 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/she signed his/her name thereto by like order. - My commission expires Notary Public Surety Acknowledgment Kara K Recchle State of New York NdM Pum. Sttcte of New York No. 01 RE0244809 I)SS. G&gff ad in Onondaga CamtY County of Onondaga Com ftsfan EqUes JWY 11' �- On this 26th day of February 20 14 before me personally came Richard A. Lyons , to me known, who, being by me duly swom, did depose and say that he is an attomey-in-fact of Fidelity and Deposit Company of Maryland the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attomey4n-Fact by authority of the Board of Directors of said oration and by authority of this office under the Standing Resolutions thereof. My commission expires 2014 ��(,G �( h-1 1,)4-1 :zz Notary Public USA rel wINTON Notary Public State of New York Qualified in Orion. Co. No. 604M My Commission Expires April 24, 2Q ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Roy S. MOORE, III, Richard A. LYONS and Linda C. SHULTS, all of Syracuse, New York, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper person - The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 Ith day of September, A.D. 2013. ATTEST: W ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND We 88A6a .... (rF_. _ OEM : t1l1 .� �� �Ar Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this I 1 th day of September, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice Presldent, and ERIC D. BARNES, Asslstant Secretary, of the Companies, to me personally known to be the individuals and officers descnbW in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saitb, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written .r •,9 \.Q,►,�cJva/y�L/.. l.0 �V.�u/r'-+'ti+ • �d/�'tit1� ���`� Constance A. Dunn, Notary Public My Commission Expires: July 14.2015 POA -F 132-0546B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN T STiMONHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of Y , 20 www 0= SEAL � vw� Geoffrey Delisio, Vice President FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2012 ASSETS Bonds............................................................................................................................................... $ 157,177,826 Stacks...................}..... .......................................................................................... 0............................ 23900093111 Cash and Short Term Investments .................................................................................................... 1190155 Reinsurance Recoverable................................................................................................................. 17,923,564 OtherAccounts Receivable.............................................................................................................. 35,473,256 TOTALADM12' m AsSEn.».....».............................................................................................. $ 233,6949113 L,IABII,ITIES0 SURPLUS AND OTHER FUNDS Reservefor Taxes and Expenses...................................................................................................... $ 749782 CededReinsurance Premiums Payable............................................................................................ 48,323,524 Securities Lending Collateral Liability...................................................................0........................ 1,716,240 TurnLwwms................. .................................................................................................. $ 50,1149546 Capital Stock Paid Up........................................................................................ $ 590009000 Surplus................................................................................................................ 1789579,567 Surplusas regards Policyholders...................................................................................................... 183,579,567 TOrrAL....................................................................................................................................... $ 233,694,113 Securities carried at $59,468,002 In the above statement are deposited as required by law. Securities carried an the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2012 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $243,518,971 and surplus as regards policyholders $193,404,425. 1,-DENNIS F. KERRIOAN, Corporate Secretary of the FiD)ri.1TY AND DEPOSFr COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2012. State of Illinois City of Schaumburg ) SS: Subscribed and sworn to, before mo, a Notary Public of the State ofZinols, in the City of Schaumburg, this I Sth day of March, 2013. t�3 Norcrry Paw OFFICIAL SEAL OARRYL JOINER Notary Public • State of [Mole My COMMISSIOn Explres May 3, 2014 Bond No. 9133981 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond KNOW ALL MEN BY THESES PRESENTS: that 605 E. Robinson St., Ste 210, Orlando, Florida 32801 as Principal, hereinafter called Principal, and, 1400 American Lane, Schaumburg, Illinois C&S Technical Resources, Inc., {Here Insect fug name and address orlegal tesla at contractor) Fidelity and Deposit Company of Maryland, (Here Insect NO name and address orbW trite of surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 (Here Insert 1140 name and address or legal Mb of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Five Hundred Twelve Thousand Nine Hundred Sixty Eight and 00/100 Dollars ($ 512,968.00) (Here Insert a sum equal to at haat onodratf of the contract pdw) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has written agreement dated February 6, 2014 , entered Into a contract with Owner for (Here Insert ful name, address and description of project) Sebastian Municipal Airport -Golf Course Storage Building In accordance with Drawings and Specifications prepared by Owner (Here Insert NO name and address or legal We of Arehlosct) which contract is by reference made a part hereof, and Is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED . THE AMERICAN INSTff= OF ARCHITECT& 1715 N.Y. AVE.. N.W. WASHINOTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with Signed and sealed this 26th (Dil (witness) (Witness) substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any taw controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. C) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or In the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of February C&S Technical Resources, Inc. 2014 _ (Principal (Seal) (rue) Fidelity and Deposit Company of Maryland (surely) (Seal) Richard A. Lyons, Attorney -in -Fact AIA DOCUMENT A311 • PERFORMANCE BOND ARID LABOR AND MATERIAL PAYMENT BOND . AIA FEBRUARY 1970 ED 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE.. N.W. WASHINGTON. D.C. 20006 t� Individudl Acknowledgment State of County of On this day of 19 before me personally came , to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires Notary Public .............................................................................................................................................................................................................................................................................................. Firm Acknowledgment State of County of On this I)SS. day of 19 before me personally came to me known, and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that the executed the same as and for the act and deed of said firm. My commission expires Notary Public .......... ........................... ....»............. .............. ......... ....... ............... ....... »...................................................................... ........„........... »........... .................... ................................................ Corporation Acknowledgment State of t,� " q or nr%i or%ho r%f ('*1nV % A /I ^tA I)SS. On this I r ' day of 1`� V V A,(I,V 20 1 -7_ before me personally came 0 , to me known, who bei y e ul sworn„ id deposeand say that he/she is the S of the corpora 'on described in and which executed the above instrument; that he/she 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/she signed his/her name thereto by like order. / My commission expires I- - Notary Public Surety Acknowledgment State of New York County of Onondaga Li SS. _ Kara K Recchie Notary Punic, State of New York No. OIRE6244809 Guaftd In Onondaga County Commission E Tres July 11, 2Q� On this 26th day of February 20 14 before me personally came Richard A. Lyons , to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of Fidelity and DeRosit Company of Maryland the corporation described In and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within Instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires 2014 L�A, Notary Public USA Ni V'AWON York Not�Y public stale 0i N X0550, 1n Onon. Co. W 20 Q.,&We i0 ExP'rps APO MY COMM EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice Pry.-sident or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretoferc or hcreafter, wherever appearing ulxm a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN STIM(_Y.Y �YHEREOF, I have hereunto subscribed my name and affixed the corporate sols of the said Companies, this 20%y of Ly- L. i , -)07. Wqrf SEAL S. Geoffrey Delisio, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Roy S. MOORS, DI, Richard A. LYONS and Linda C. SHULTS, all of Syracuse, New York, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I l th day of September, A.D. 2013. ATTEST: W ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � �� SEAL i' � -•• 8 r --.— as �1 �� w. t: ny'� sX iWa o a� Assistant Secretary rice President Eric D. Barnes Thomas 0. McClellan State of Maryland City of Baltimore On this l lth day of September, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \\\ f`r��'y /,,�� �+If1111\� \\\• Constance A. Dunn, Notary Public My Commission Expires: July 14,20 15 POA F 132-05468 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, LVID 21117 Statement of Financial Condition As Of December 31, 2012 ASSETS Bonds............................................................................................................................................... $ 1571,177,826 Stocks............................................................................................................................................... 2390009311 Cashand Short Term Investments..............................................................................669.9................. 119,155 ReinsuranceRecoverable................................................................................................................. 17,923,564 Other Accounts Receivable.............................................................................................................. 35,473,256 TorALADMrrTED ASSEn........................................................................................................ $ 23326949113 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Tames and Expenses...................................................................................................... $ 749782 Ceded Reinsurance Premiums Payable............................................................................................ 48,3239524 Securities Lending Collateral Liability............................................................................................ 1,716,240 TOTALLIABIL]Ties.................................................................................................................... $ 50,114,546 Capital Stock, Paid Up........................................................................................ $ 51000,000 Surplus................................................................................................................ 178,579,567 Surplusas regards Policyholders...................................................................................................... 18395799567 ToTAI............................................ ............................................................................................ $ 233,6949113 Securities carried at $59,468,002 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2012 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $243,518,971 and surplus as regards policyholders $193,404,425. 1,'DENNIS F. KERRIGAN, Corporate Secretary of the FIDMM AND DEPosrr COMPANY OF MARYLMD, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2012. State of Illinois City of Schaumburg ) SS: Subw1bed and sworn 1% beforo m% a Notary Public of the State of Illinois, in the City of Schaumburg. this I Stb day of March, 2013. Notarypabl!'c OFFICIAL SEAL DARRYL JOINER Notary Public • State of Illinois My Commission Expires May 3, 2014