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1235 - West Const Surety Bd�11 AL C j 0 ?'�� Gj 23 EGANFUSKEE STREET 3r a SUITE 102 tz JUPITER, FL 33477 INC TELEPHONE (561) 776 -9001 FAcsIMILE (561) 427 -6730 Building Relationships www.calinc.com August 14, 2008 City of Sanford, FL 300 North Park Avenue Sanford, FL 32771 RE: West Construction, Inc. Fort Mellon Park Reconstruction Project, Phase 1 Project No. IFB 07/08 -10 To whom it may concern: This letter will serve as Western Surety Company's authority for City of Sanford to date the Performance, the Payment Bond and the necessary Power of Attorney for the above captioned. We acknowledge this must be handled in this manner, as the necessary forms must be filed with Palm Beach County prior to the physical execution of the contract. Yours truly, 0 t , D. Michael Stevens Attorney -in -Fact Western Surety Company II ALT LO Gj 23 EGANFUSKEE STREET QM ty SUITE 102 JUPITER, FL 33477 C� INC TELEPHONE (561) 776 -9001 Q FACSIMILE (561) 427 -6730 cv Building Relationships www.calinc.com Contract No.: IFB 07/08 -10 Surety Bond No.: 58655214 Contractor Name: West Construction, Inc. Surety Company: WESTERN SURETY COMPANY Address: 318 South Dixie Highway Suite 4 -5 Address: 2405 LUCIEN WAY Lake Worth, Florida 33460 MAITLAND, FLORIDA 32751 Phone Number: 561/588 -2027 Phone Number: 407/919 -2260 Owner Name: City of Sanford Project Name: Fort Mellon Park Reconstruction Proiect, Phase 1 Address: 300 North Park Avenue Project Location: 600 East 1 Street Sanford, Florida 32771 Sanford, FL Phone Number: 407 - 688 -5000 x5423 Contract Amount: Four Million Four Hundred Four Thousand Five Hundred One and 85 /100 -- Dollars Description of Work: General Construction Services — Fort Mellon Park Reconstruction Proiect Phase 1 Legal Description of Project: "see attached legal description" This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the performance /payment bond(s) regardless of preprinted numbers on other pages issued in compliance with Florida Statute 255.05. A PARCEL OF LAND L YING I N SECT70N 30, ro#NSHIP 19 SOUTH, RANGE BEING DESCRIBED AS FOLLO#S;- BEGYN A THE NORTH#ST OF LOT 48, LAKEKL - )� PARK ACCORDING TO 7HE PLAT THEREOF,,44S RECORDED IN PLAT (BOOK 5, PAGE 41, PUBLIC RECORDS OF SEM/NOLE COUNTY, FLORIDA FOR A PoINr OF BEGINNING, SAID POINT ALSO BEING THE INTE RSEC77oN OF THE EAST RIGHT -OF 0 Y LINE OF SANFORD A VENUE AND WE SOUTHERL Y R/GH7 -0E- f f Y LINE OF SEVINOLE BOULEVARO, THENCE RUN, SOUTH 69Y6,:21" EAST ALONG SAID SoUTHERL Y RIGHT --OF- jf *A Y LINE, 386.26 FEET r0 THE PClNT OF CURVATURE OF A CURVE' CONCAVE" NORMEASTERZY,• THENCE RUN SOUTNEA57ERLY ALONG SAID CURVE HAVING A RADIUS OF 281636 FEET A CENTRAL ANGLE OF 08'1628; AN ARC LENGTH OF 40837 FEET A CHORD LENGTH OF 408,01 FEET AND A CHORD BEARING OF SOUTH 73. 636" EAsr To THE NoRT #ur CORNER OF LOT 29, BLOCK "A ; FIRST STREET EXTENSION ACCORDING 70 THE Pt A r THEREOF AS RECORDED IN PL r BOOK T, PAGES 76 AND 76 -A OF SAID PUBLIC RECORDS AND THE CENTERLINE OF "PUMP BRANCH" ACCORDING TO SAID PLA r OF FIRST STREET EXTENS/ON, THENCE RUN THE FOLLOANG COURSES ALONG 7HF ST LINE OF SAID BLOCK " A " AND THE CENTERLI OF SAID "PUVP BRANCH".. SOUTH 10 56'19" EAsr, 9741 FEET; SOUTH 1144'18" EAST, 76,13 FEET,• SOUTH 09'13'10" EAST, 6860 FEET; SOUTH 1251'32" EAST, 16.39 FEET,• SOUTH 07'68'11" E4sr foo.98 FEET to 7HE SOUTH LINE' OF 7HE AFORESAID BLOCK "A" AND 77iE NORTH R /GHT- of -*A Y LINE of FIRST sTREEr,• THE RuN, NORTH 9000'00" #E ALONG SAID NORTH RIGHT- Y LINE, 81517 FEET ro ME AFORESAID E RIGHT - �kAY LINE OF SANFORD AW&U • THENCE RU NORTH 00'11023" EAST ALONG SAID EAST RlcH -oF -)AY LIAF, 60784 FEET ro 7HE POINT OF BEGINN /N6 78 BOYE DESCRIBED PARCEL OF LAND LIES IN THE QTy OF SANFORD, S ' 90 FLORID AND CONTAINS 8.409 FEET ACRES, MORE OR LESS r V V A PARCEL OF LAND LYING /N SEC77ON 30, 7006HIP 19 SOUTH, RANGE EAST BEING DESCRIBED AS F0110ft EAST SEMY A r 7HE NORTH. j EST CORNER OF LOT 29, BLOCK "A", FIRST STREET EYMNSION, ACCORDING r0 THE PLAT THEREOF AS RECORDED ! �/�I PLAT BooK 3, PAGES 76 AND 76A OF THE PUBLIC RECORDS OF SEM/NOLE COUNTY �� FLORIDA, ALSO BEING ON THE SOUTHERLY RIGHT - -OF #AY LINE OF Si9lW&E BOULEVARD ACCORDING TO SAID PLAT OF FIRST STREET MENS /0N AND BEING A POINT ON A CURVE CONCAJam' NORMEASTSMY, THENCE RUN SOUTNEAS7FRLY ALONG SAID CURVE AND SAID SOUTHERLY R /GHT- OF -#A.Y LINE, HA KNG A RAD /US of 281636 FEET, A CENTRAL ANGLE OF 01'16'31 AN ARC LENGTH OF 61.87 FEET A CHORD LENGTH OF 61,87 Er, AND A CHORD BEARING OF SOUTH 7812 EAS TO A Po/Nr OF COgPoUND CURVATURE OF A CURVE CONCAVE' NOR7HEAS7ERL Y THENCE RUN SOUTNE Y AL ONG SAID CURVE AND SAID Sowwa Y RIGHT = of - -ykA Y LINE HAKNG A RADIUS OF 6782.80 FEET, A CENTRAL ANGLE OF 102617; AN ARC LENGTH of UJXX72 FEET, CHORD LENGTH OF 1232.02 FEET, AND A 6HCRD BEARING OF SOUTH 84'02'59" EAST ro 7NE NORTHEAST CORNER of LOT 9, BLOCK "D" OF SAID PLAT OF nRSr srwr £X7FNS/ok THENCE RUN, SOUTH 04'19'64" #EST ALONG THE EAST LINE OF SAID BLOCK "O", 293 FEET TO 7HE SOUTHEAST CORNER OF LOT 10 of SAID BLOCK "D ALSO BEING THE NOR 77-1 RIGHT -OF #AY LINE OF f7RSr STREET; ACCORDING TO SAID PLA r OF FIRST S7REE EX7EA(sloAr THENCE RUN ALONG SAID NORTH R16H OF AY LINE THE FOLLO fNG COURSES' NORTH 8454'01" #M,, 87643 FEET,• NORTH 90710'00" #rsr, 329.07 FEE 70 7NE sou;w Esr CORNER OF LOT 12 of Thr AFORESAID BLOCK "A , FIRST STREET EXTENSION THENCE RUN ALONG THE Sr uft OF SAID BLOCK "A" 771E FOLLO COURSES; NORM 0768'11. " {f£ST, 100.98 FEET; NDR7H 12151'32" #f 1639 FFEr, NO RTH 09 1370" #EST, 6860 FEET; NO P 1N '1 BED 1G.813 FEET, NORIN 10'68'19" jfEST, 97.41 FEET T THE ABOW' DESCRIBED PARCEL OF LAN LIE IN SEINOLE oouN fzoRIDA AND caNrAINS 8 ACRES MORE OR LESS. SECTION 00605 Bond No. 58655214 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that West Construction, Inc. (Name of CONTRACTOR) 318 South Dixie Highway, Suite 4 -5 Lake Worth, Florida 33460 (Address of CONTRACTOR) a Florida , hereinafter called (Corporation, Partnership or Individual) Principal, and Western Surety Company (Name of Surety) 2405 Lucien Way, Maitland, Florida 32751 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) city of Sanford FL hereinafter called ) OWN i t e full.and just Sum of Four Million Four Hundred Four Th ousand � p Fi ve Hundred One an 'XL S f$ 4,404,501.85 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of �_, a copy of which is hereto attached and made a part hereof for the construction of 2)___ Fort Mellon Park Reconstruction Project, Phase 1 9) Name of Owner 2) Name of Profeot identtffed In Instructions to Bidders This bond Is being entered Into to satisfy the requirements of Section 255.05, Florida Statutes. and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the, warranty provisions, in the time and manner prescribed in the Agreement, and 006051 2. Pays OWNER. all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims. and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise It shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the. event that the Principal shall fall to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a pant during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also Indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond.. The following shall not be considered performance under the Bond: (1) Surety's financing of the Principal to keep Principal from defaulting under the. Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety. acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall' be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (1) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (li) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (ill) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605 -2 Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected 'with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents, The Performance Bond and the Payment Bond and. the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute, The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the — day of Secret rincipal) Matthew F. West, Secretary Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: as per attached power of attorney (Surety) Secretary Typed Name ( - PORAT EAL) � 00605 -3 West Construction, Inc. Principal (Contr for By (Signature) Martha A. Morgan, President Typed Name and Title 3 18 South Dixie Highway - Suite 4 - 5 Address Lake Worth, Florida .33460 City, State, Zip 561/588 =2027 561/588 -9419 Telephone No. Facsimile No. Western Surety Company Surety 877/276 - 7511 605/330 -7416 Telephone No. Facsimile No. B �- t✓ Witness as to Surety Olga Rodrigue Typed Namp ��� Witness as to Surety Melinda Rosenhaus Typed Name• . - Attorney -in -Fact D. Mic hae l S teven s , Typed Name 2405 Lucien Way Address _Maitland, Florida 32751 City, State, Zip 877/276 -7511 6 05/330 -7416 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a Joint venture, all venturers shall execute the Bond. If. CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida,. unless otherwise specifically approved 6 writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605 -4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -fN -.FACT Know'All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and exi having its principal office in the City of Siou sting corporation x Falls, and State of South Dakota, and that it does by virtue of the si make, constitute and appoint gnature and seal herein affixed hereby Don A Lambert Jr, D Michael Stevens, Individually of Palm Beach Gardens, FL, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all'surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and /or estimates on engineering and /or construction contracts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority ' hereb y given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of October, 2006. WESTERN SURETY COMPANY r c s . , Senior Vice President State of South Dakota Paul Bruflat County OfMinnehaha ss On this 24th day of October, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he, is the Senior Vice President of WESTERN SURETY COMPANY 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 i so affixed pursuant to authorty 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. My commission expires + ssasSasssss5sssssti5ati5as + r r D. KRELL r r November30, 2012 N r OTARY PUBLIC � i r SEAL SOUTH DAKOTA 3y-- i r r +SSS SSaSS 55, ss5tittiasss5 5 + CERTIFICATE D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this day of - =y �?F' WESTERN SURETY COMPANY y c,�� pOggl F{➢ - *€ %S1 s t p'�?- w SECTION 00610 PAYMENT BOND Bond No. 58655214 KNOW ALL MEN BY THESE PRESENTS: that West Construction, Inc. (Name of CONTRACTOR) 318 Sou Dixie Highway Suite 4 -5 Lake Worth, Flori 3 2751 (Address of CONTRACTOR) Florida , hereinafter called (Corporation, Partnership or Individual) Principal and Western Surety Company (Name of Surety) 2405 Lucien Way, Maitland, Florida 32751 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City. of Sanford, FL hereinafter called OWNE 7 full and j ust Sum of Four Million Four Hundred Four Thousand F ive Hundr One ag)k& - 4,404,50 � in lawful money of the United States, for the payment of which sum well and truly. to be made, we bind ourselves, successors, and assigns, Jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the —. day of _ _ _ a copy of which is hereto attached and made a part hereof for the construction of 2) Fort Mellon Park Re construction Project, Phase 1 9) Name of Owner 2) Name of Project Identified in Instructlons to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, It shall remain In full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section. 255,05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or 00610.1 supplies shall, within forty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection, A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3, The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (1) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (11) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes In or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral. and bilateral) or other modifications to the Agreement or Contract Documents. 5, The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the day of Segretary (Principal) Matthew F. West, Secretary Typed Name West Construction, Inc. A Pr1incl,l (Contra Qr) By (Signature) Martha A. Morgan, President Typed Name and Title (CORPORATE SEAL) 318 South Dixie Highway, Su ite 4 -5 Address 00610 -2 a (Witness to Principal) Typed Name ATTEST; as per attached power of at torney (Surety) Secretary Typed Name IM, E AL Wi ne s s to Surety Olga Rodriguez 1 Typed Name f y Witness as to Surety Melinda Rosenhaus Typed Name Lake Worth, Florida 33460 City, State, Zip 561/588 -2027 561/588 -9419 Telephone No. Facsimile No. Western Surety Company Surety 877- 276 -7511 605/330 -7416 Telephone .No. Facsimile No. Attorney -in -Fact D. Michael Stevens Typed Name 2405 Lu Way Address Maitland, FL 32751 City, State, Zip 877/276 -7 605/330 -7416 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR Is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as arnended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in=Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00610 -3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Don A Lambert Jr, D Michael Stevens, individually of Palm Beach Gardens, FL, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts •- for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and /or estimates on engineering and /or construction contracts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation 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 By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of October, 2006. rs�Tr�s WESTERN SURETY COMPANY '9T i^jn o�,,,,TM Paul . Brutlat, Senior Vice President State of South Dakota 1 County of Minnehaha J } ss On this 24th day of October, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY 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. My commission expires fsss .. ,, 5 , , i5 , tistiS � stiss { f D. KRELL i NOvember30, 2012 r NOTARY PUBLIC i X SOUTH TH DAKOTA SEAL J r r r fti555554 ss55tisStitiSSS55 55 + CERTIFICATE D. KrW�. ry pub lic I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of w,, - ;Q?e 1 - WESTERN SURETY COMPANY fstSEAV : *Y� DA .1 ,�-