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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-339Temp. Reso. #9582 October 22, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-339 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF SURETY BOND #21 BCSAN8778 FROM HARTFORD INSURANCE COMPANY IN THE AMOUNT OF $254,689.00, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $73,305.25 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE WESTPOINT CENTRE LOOP ROAD PROJECT LOCATED IN LAND SECTION 7, WEST OF HIATUS ROAD AND NORTH OF COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ryan Incorporated Eastern has constructed the Westpoint Centre Loop Road Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on May 23, 2001; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Ryan Incorporated Eastern to provide a Warranty Bond to the City of Tamarac for the Westpoint Centre Loop Road Project Water Distribution and Sewage Collection System Improvements located in Land Section 7, west of Hiatus Road and north of Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9582 October 22, 2001 2 WHEREAS, Ryan Incorporated Eastern has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #21 BCSAN8778 from Hartford Insurance Company, in the amount of $254,689.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $73,305.25 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Westpoint Centre Loop Road Project; Rant WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Westpoint Centre Loop Road Project Water Distribution and Sewage Collection System Improvements; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to release the Public Improvement Performance Bond subject to the receipt of a one-year Warranty Bond from Ryan Incorporated Eastern for the Westpoint Centre Loop Road Project 1 F_,� 1 Temp. Reso. #9582 October 22, 2001 3 Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized and directed to release to the Utilities Department for return to Ryan Incorporated Eastern, a Public Improvement Performance Bond in the form of Surety Bond #21 BCSAN8778 in the amount of $254,689.00 subject to the receipt and acceptance of a one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $73,305.25 for the Westpoint Centre Loop Road Project located in Land Section 7, west of Hiatus Road and north of Commercial Boulevard in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #9582 October 22, 2001 4 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 28t" day of November, 2001. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MAR ION WENSON, CMC CITY CLERK MAYOR SCHREIBER Ayes DIST 1: COMM. PORTNER A4 el DIST 2: COMM. MISHKIN A4 & I HEREBY CERTIFY that I DIST 3: V/M SULTANOF A4 e. have approved this 4: COMM. ROBERTS A4 el RESOLUTION as to form. MITCHELL S. KRhF CITY ATTORN Y RG/DTM/mg EXHIBIT 1 TEMP. RESO. # 9582 5 .L WING DR. MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET -------------------------------------------------------------------------- PLACE - i� a 0 W toZEPHYRHILLS L❑VESHAW I.T.W. MIMA 67 ST x ARCH ME W y ALUMINUM W ^' W O W Z W CULLIGAN W LAND SEC, W 7 W QW PUBLIC SERVICEScy- Q COMPLEX J J H pq 0 r SITE Z > LOCATION 0 w a :1=) Q w r a Qa. w J 3 � N I— Q a z , C❑MMERCIAL BLVD, SUNRISE WESTP❑INT_L❑❑P_REIAD.DWG WESTPOINT LOOP ROAD PERFORMANCE BOND RELEASE Exhibit 2 DEC 01 ' 00 17: 26 FR RYPH 9544276305 &0Qz - r 21 gGS�0 8-11 % SUBDIVISION IMPROVEMENT PF-RFORMANCE BOND Project Name: WESTPOINT. CENTRE LOOP ROAD KNOW ALL MEN BY THESE PRESENTS: That -&W- INC!2RPQBLT_M__ ASTERN having an address of 786 S. MILITARY TRAIL, DEERFIELD BEAC#S Principals, and FLORIDA HARTFORD INSURANCE COMPANY having an address of P 0. Box 946000 MAITLAND FL 32794-6000 a Corporation, existing under the laws of the State of Florida, and having heretofore complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a municipal corporation of the State of Florida, having an address of 7525 Northwest 88t" Avenue, Tamarac, Florida, 33321 in the full and just sum Of TWO HUNDRED F FTY FOUR THOUSAND SIX EIGHTY NINE Dollars ($254,689-PO lawful money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themselves, their heirs, executors, administrators, successors or assigns respectively, as the case may be, jointly -and severally, firmly by these presents. WHEREAS, the said Principal is required to fumish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit A attached) and on plans prepared by %l L L e z. L e u6, and approved by the Utilities Engineer or his designee onfor the WESTPOM CENTRE LOOP ROAD Project and to comply with requirements of Tamarac City Code Section 10-156. DEC 01 ' Ok 17: 27 FR P`� RA 9544276305 954 427 6305 TO 130>,�'35'�5E;3 F. �73ia'3 The City of authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 1. The drawing is due to aAJ T�vco�c o.�edAs�t.c.� failure to construct the public improvements; 2. That the developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended; or I That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1) year each unless the said surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must • be provided at least sixty (60) days prior to the expiration date of the original term hereon or any one (1) year term, or unless the City of Tamarac retums the original letter of credit together with notification that it may be -terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10- 156. Bond DEC 01 'oe 1?:2? FR RYAhl 9544276305 954 42? 6305 TO 13058959583 P.04/09 IN WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this day ofDecember U z000. SIGNED AND SEALED IN THE PRESENCE OF: a 01J20o-3 (As to Principal) [. Ryan. Liz Garrido, Asst. Secretary (Title) HARTFORD FIRE INSURANCE COMPANY (Titl) rety Attested by AS PER. ATTACHED POWER OF ATTORNEY (Title) NOTE: The respective corporate seals should be affixed: Bond ■ HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and havin5 I its principal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint R.H. Benson, D.A. Belis Of North Miami, FL its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)4n-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ( the Company") as amended by the Board of Directors at a meeting duly called and held on May 13 1999, as follows: ARTICLE IV SECTION 7, The President or any Vice President or Assistant Vice -President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice -President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice -President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. HARTFORD FIRE INSURANCE COMPANY (411 E AL owe/ Paul A. Bergenholtz, Assistant Secretary Robert L. Post, Assistant Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD I SS. Hartford On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice -President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Qvlrlq�=Px //11/� lean H. Wozniak CERTIFICATE MyCommissiontaEy resJune une 30, 2004 I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the Tek day of NC &KJO . 200G) VIE SEAL � J. Dennis Lane, Assistant Vice President Form S-4054-2 Printed in U.S.A. 1 01 1 Temp. Reso. #9590 October 29, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-342 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF SURETY BOND #190630143 FROM NATIONAL FIRE INSURANCE COMPANY OF HARTFORD IN THE AMOUNT OF $62,185.00, SUBJECT TO THE RECEIPT OF A ONE- YEAR WARRANTY BOND IN THE AMOUNT OF $24,041.25 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE UNIVERSITY HOSPITAL & MEDICAL CENTER ER/OR/MRI PROJECT LOCATED AT 7201 NORTH UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, University Hospital, Ltd., has constructed the University Hospital & Medical Center ER/OR/MRI Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on April 28, 1999; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires University Hospital, Ltd., to provide a one-year Warranty Bond to the City of Tamarac for the University Hospital & Medical Center ER/OR/MRI Project Water Distribution and Sewage Collection System Improvements located at 7201 North University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and L Temp. Reso. #9590 October 29, 2001 2 WHEREAS, University Hospital, Ltd, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #190630143 from National Fire Insurance Company of Hartford in the amount of $62,185.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $24,041.25 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the University Hospital & Medical Center ER/OR/MRI Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the University Hospital & Medical Center ER/OR/MRI Project Water Distribution and Sewage Collection System Improvements; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to release the Public Improvement Performance Bond subject to the receipt of a one-year Warranty 1 Temp. Reso. #9590 October 29, 2001 3 Bond from University Hospital, Ltd., for the University Hospital & Medical Center ER/OR/MRI Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized and directed to release to the Utilities Department for return to University Hospital, Ltd., a Public Improvement Performance Bond in the form of Surety Bond #190630143 in the amount of $62,185.00 subject to the receipt and acceptance of a one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $24,041.25 for the University Hospital & Medical Center ER/OR/MRI Project located at 7201 North University Drive in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Temp. Reso. #9590 October 29, 2001 4 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 28th day of November, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOWTLON as to form. MITCHELLOS. KF CITY ATTORN RG/DTM/mg rPOEiSCHREIBER aynR 11 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ev DIST 1: COMM. PORTNER 6 g� DIST 2: COMM. MISHKIN Al e. DIST 3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS A ev 1 1 1 EXHIBIT 1 TEMP. KESU. # 9590 Q Z W Q CIR 79 ST Liz Law at o n n TR55 > ¢ TR56 > OA W ��1j%jam W W W W W a W r n 78 CT AVALON o v w -WOODMONT w PINS W NrZR ESTATES QD � 78 CT W W W COUNTRY y W W 78 PL W W W S 'CLUB W W W 78 Sr > CS W W W w W W_ 11 ¢ OD THE CENTRE WOODMONT JW W Q 4a z in Z W W W j / a W w W lZ v�4 q _ W W w W TR74 o�� 77 ST 4 w W W W W w W W a � Q TAMARAC Q coo n4. Q W SCHOOL /; V1^ � a/fyLv� j r. 7 -RaiAL 4 PALM Qvg4 , q ¢ > w PAL T CIR co W 7 w SIL E a 73 Q 3� TAMARAC 3Q PARK ] S.BELL a ��1q0 PAL Cr / A W 76 ST w W P� f TR75 TOWN w w ARIA 73 Sr PLAZA n a r 75 n ST - r r -ENVIRONMENTALLY LLr r GREENBRIAR �'� S �3 r �. LAN1�V� 74 ST � Ld W w WQdDNONT l W r r r 73 ST / �// W J UNIV. rl UNIV. TAMARAC f Yf 1 ff1 W W wJ r r MED CTR MED. ARTS MED. CTR �--� PICCADILLY 72 CT w w r r - J / w w ST r r 72 ST � Gti� f .. �q a �� $3 3a b Z�'$�.� LOCATION W R72B l- 7J CT WOODMONT Q W w % 7 71 GT PARK SQUARE: JO CT 0' a r 71 ST ] THERAPEU�l Q w w r Q EWINN W W 14 1 �~ TR72C a ACAD MY IX E 3 BApN�K .. TR72A i PI APP E K c3 HIL -� 70 ST a arZ 70 CT N, AME�Z. �� is UNION SAINTS ALBERTS❑N C3,4a r w D a J ¢ r/ 'J" z z a> WOODMONT WOODMONT ALL $ANK Z PLAZA LUTHERAN 0 SHELL o a va r a W Z W �` Y as w W COMMONS 'NATIONS - v1 W 3McNAB- ROAD BANK W W W W W GW BANK TEXACO TAMARAC W W W W W\ CONCORD VILLAGE PLAZA w w W W W W W �W❑❑ W W W w W W W UNIVERSITY W W V LA W W W TS. W W W W W W W W W W W W COMMONS _� SANDS P❑INT w w y W CA NN�IVC,AP£ W W w W W W BELLE V TERRE W CIR w W\ W W V�RSAILLCN TAMARAC UNI-H❑SPITAL.DWG UNIVERSITY HOSPITAL AND MEDICAL CENTER ER/OR/MRI PROJECT PERFORMANCE BOND RELEASE Exhibit 2 Surety Co. Bc-..j #190630143 Project Name- Hos ital & Medical Center ER/OR MRI Expansion KNOW ALL. MEN BY THESE PRESENTS. That university Hospital uni having an address of 7201 North Twacacd Flo ZLdaversit 33321rive, as Principals, and National Fire Insurance Company of Hartford having an address of 26 Century Blvd., Nashville, Tennessee 37214 a corporation, existing under the laws of the State of Florida, and having heretofore complied with all the requirements of ttte laws of the State of Florida regulating the admission of such corporation to transact business in this State, as 5uTety, are held and firmly bound unto the City of Tamarac of Broward County; a municipal corporation of the State of Florida, having an address of 7525 Northweist Be Avenge, Tamarac, Florida, 33321 in the full and just sure of sixty-two Thousand, One Hundred Eighty-five— Dollars (�62,185.)Q lawful Morley of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themseives, their heirs, exec 4tors, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. WHEREAS, the said 'Principal is raqulred to fumish a Performance Bond to guarantee the installation of public improverrnents as indicated on the Certifrsd Estimated Cost (Exhibit A attached) and on plans prepared by ME Arrbitectg and approved by the Utilities Engineer or his designee on . May 17 . 1929 for University Hospital & Medical Center �"�' the ER/otrfMRI Expansion . Project and to Comply with requirements of Tamarac City Code Section 10-156_ 1 �uaon•+ar� cnwa+hprM.n pf�e Sono The City of authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 7. The drawing is due to University Hos ital's failure to construct the public improvements; 2_ That the Developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended: or 3_ That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive sive periods of one (1) year each unins the said surety and/or the Sato Principal provide written notice to the City Cleric via registered mail of their intent to terminate the credit herein extended. which notice must be provided at least sixty (sh) days prior to the expiration date of the original term hereon or any one (1) year term, or unless the City of Tamarac retums the ongmal letter of credit together with notiliication ttwt it may be terminated_ This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a warranty Bond as required by City Code Section 1 Q- 156. 2 Srbownic" tmprovorrmt Peftwww BOM w IN WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing their corporate namea and seals hereto and causing their auftrL d representatives to sign these presents, pursuant to the authority of their governing bodies on this _.._7sa__ day of Ujf,X 19-92_ SIGNED ANQ SEALED IN THE PRESENCE OF. MAM 11 MON., _, I VBBa . . . Zero Alan Wormer Katie Graham NOTE: I UNIV HOSPITAL r/t/A,_,;r_ Jam s D,Hinto (Title) forthe President Vice President Attim d by HOward Patterson ffltk-�) Vice President NATION FIRE INSURANCE COI OF HARTFORD (Title) for Surety Martha Fish, Attorney -in -Fact Attorney -in -Fact (Tft) Countersigned b The respective corporate seals should be afted: Mark A. Coolbaugh, Flor da Approved as to Form AppR,ved as to Content Resident Agent City Attorney Direr of Udlrties 3 Uoarv"n imgmvmfwnt Pe&mwnas aano POWER OF ATTORNEY APPOTi MG INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE; INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Martha Fish, Alan J, Wormer, David E. Armstrong, Be a J. Brown, Julie Holland, W, Robert Medlino Jr., Individual) of Nashville. Tennessee their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations 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 -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. .In Witness Whereof, the CNA Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed an this 15th day of __ April , 1997 . CONTINENTAL CASUALTY COMPANY u-�ua"rORNATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA �wone,� �, � %'�txw-4 y .t 0 c] SEAL Y �y +.mac IMMUE 18s7 � mom" - • - M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 15th day of April _ , 1997 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. sk� My Commission Expires March 6, 2000 CERTIFICATE P, V.- 1, VA Mary Jo Abel Notary Public I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and 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 the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony w4reof I have hereunto subscribed my name and affixed the seals of the said corporations this day of tip' CASI��r z rT v SEAL Y CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING; AENNSYLVANIA Robert E. Ayo Assistant Secretary