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Home My WebLink About24) Amended Notice of Comm. , , Prepared by and return to: Steven E. Goldman, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Off Ri:C 18401 ~' 7.70 98R6 157 14 1998 DEe 21 15:~8 Permit No. B9703348 Tax Folio No,: 02 32340190951 02 32340191130 02 32340191100 02 32340191090 02 32340190960 02 32340191120 l\MENDED NOTICE OF COMMENCEMENT STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The undersigned hereby informs all concerned that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this NOTICE OF COMMENCEMENT. 1. Description of the Property: See Schedule "A" attached h'5reto and ::tade a part hereof. (al Street Address: 1535 a~d 1545 Collins Avenue Miami 3each, Florida 33139 2. General Description of Impr0vernents: Demolition of existing imp~~vements ~nd construction of a 422 room hotel and related amenities 3. Owner Information: (al Name and Address: RDP Royal Palm Hotel Limited Partnership c/o Peebles Atlantic Development Corporation 100 SE 2~ Street; Suite 4650 Miami, Florida 33131 (b) Interest in Property: Leasehold (c) Name and Address of Fee Simple Titleholder (if other than Owner) : Miami Beach Redevelop.ment Agenc::y 1700 Convention CentEr Drive Miami Beach , Florida 33139 ~~~ \ E 40 \ ,,' 271 4. Contractor: (Name and Address) The Clark Construction Group, Inc. 3440 Hollywood Boulevard, Suite 300 Hollywood, Florida 33021 Telephone Number: (301) 272-8100 Fax Number: N/A 5. Sureties: (a) Name and Address: National Union Fire Insurance Company of Pittsbu=gh, PA 175 Water Street New York, New York 10038 Telephone Number: (202) 223-0673 Fax Number: N/A Federal Insurance Company 15 Mountain View Road Warren, New Jersey 07061 Telephone Number: (908) 903-3485 . Fax Number: N/A Fidelity and Deposit Company of Maryland 8840 Stanford Boulevard, Suite 4000 Columbia Maryland 21045 Telephone Number: (202) 223-0673 Fax Number: N/A (b) Amount of Bond: $30,483,000.00 6. Lender: Union Planters Bank, N.A. (successor by merger to Union Planters Bank of Florida) 1221 Brickell Avenue Miami, Florida 33131 Attn: Real Estate Lending Departmenc Telephone Number: (305) 536-1500 Fax Number: N/A 7. Persons within the State of Florida designated bj Owner upon whom notices or other documents may be served as provided by Section 713.13(1) (a)7., Florida Statutes: RDP Royal Palm Hotel Limited Partnership c/o Peebles Atlantic Development Corporacion 100 SE 2~ Street; Suite 4650 Miami, Florida 33131 Attention: Richard Matlof Telephone Number: (305) 995-S330 Fax Number: N/A 8. In addition to himself, Owner designates the following parties to receive a copy of the Lienor's Notice as provided in Seccion 713.13(1) (bl, Florida Statutes. Commonwealth Land Title Insurance Company 120 NE 4th Street Fort Lauderdale, Florida 33301 Telephone Number: (305) 477-5211 Fa" Number: N/A ~Vr, \ 840 \ '0 272. and Union Planters Bank, N.A, 1221 Brickell Avenue Miami, Florida 33131 Attention: Real Estate Lending Department Telephone Number: (305) 536-1500 Fax Number: N/A 9, Expiration Date of Notice of Commencement (the expiration date is 1 year from the date of recording unless a different date is specified): April 1, 2000 RDP Royal Palm Hotel Limited Partnership, a Florida limited partnership By: Hospitality Corporation Florida corporation, art r . <. STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was ackno<lledged before me this I~~ day of j)t~-..c.. , 1998, by i.'. ~O.,...~ t'U B4 S. ,as PR~s I ofIVT- of PADC Hospitality Corporation I, a Florida corporation, as sole general partner of RDP Royal Palm Hotel Limited Partnership, a Florida limited partnership, on behalf of said partnership. He is personally known to me or has produced as identification. ":.,' \,\'U~"""", .,..'" \\\\\.. '1,,,- . ",,,.'. "" '[MNr.li't<.>J.\L ! J .,~. ' ~",,_ ......;:: 'C).. " ~( ..... ~ .' 'f ',' , . ',"'lI>"" ~. A.' ('" '":' : /~ ,.tr.l'~ -#": ". ..." , .t..,; n:: '"..' "~ 0 \ r;:, , .' "}f..=t~,,:_ .-.;.~. ...\':, ~ '.-, :.0", OJ I.', J> ':,...,.: " .~ ';f':t~"("~'a,.,., 'i -; . .-:.).tI'(\"'..,....r;~ !; " ,~<.A.... (I'" ,~.. t:; ......l;~ '" "", ~. 'r/" ........ ') "'\ '..,........: \.I. ""',;", .,'- SEP--L] -A?L.....A J .f, ~ J..t2 ~ name: -- Notary Public, State of Florida Commission No.: t1y Corrunission expires: R't P OFHCIAL NOT AftY SE.Al. e'''' V80(.... MICHELLE 0 KOHLER .a. Yfl"l.'):..[ ('\ COM"SSlON HUMaliR ::. ':N:;(lt.. .( CC786Gaa _ "l"~._,J1t. "7'} t.l;1 ~f M" COMMtSSICH I:XPlRES Onco OCT. 28,2002 MIAMI/KLEWSIl002372/1hf_Ol! . DOC1l2/07 /98 ~Ltc \ 840 \ PG 273 LEGAL DESCRIPTION PARCEL I: (Royal Palm Hotel Site) The South ~2,65 feet of Lots 7 and ~4,.all of Lots 6 and ~5, and the North'~O feet of Lots 5 and ~6, all in Block 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, recorded in Plat Book 2, page 77, of the Public Records of Dade County, Florida, together with that certain parcel of land lying East and adjacent to the above described parcel, said parcel bounded on the South by the South line of the above described parcel extended Easterly, bounded on the North by the North line of the above described parcel extended Easterly bounded on the East by the Erosion Control Line of the Atlantic Ocean, and bounded on the West by the East line of the above mentioned Block 56, PARCEL II: (Shorecrest Hotel Site) The South 40.00 feet of Lots 5 and ~6 and the North one-half of Lots 4 and ~7, all in Block 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, recorded in Plat Book 2, page 77, of the Public Records of Dade County, Florida, together with that certain parcel of land lying East of and adjacent to the above described parcel; said parcel bounded on the South by the South line of the above described parcel extended Easterly; bounded on the North by the North line of the above described parcel extended Easterly; bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West by the East line of the above mentioned Block 56. The land described above located, lying and being in Section 34, Township 53 South, Range 42 East, City of Miami Beach, Dade County, Florida. BOND NO, 19-79-09/8154-39-57/08114361 m 18401:-, 274 ~YRTRrr 1l.4.1-J PAYMENT BOND \1;\ "-:-"::'.'-' , . )} 1 r . .~-, t; i . ;:- .' . -. . h~It~ GJL/', \,). ~ . ':"'1 /.\ ((I, (I 6 1998 C(;G HOLL VW(}"i" .~ ."-. d , Lti"f :..jr~-fCE .",1" , ~ . . , j :'~Jjlll KNOW ALL MEN BY THESE 1'lU'.SENTS: RDP ROYAL PALM HOTEL LIMITED PARTNERSHIP, a Florida limited partnership ("RDP"), has aWlll'ded to TIlE CLAlU<. CONSTRUCTiON GROUP, INC., a MARYLAND c;.orporation (the "Principal'), a contract for the construction of the Royal P8lm Crowne Plaza Re- sort to be located at 1535 and 1545 Collins Ave:nue, 'Miami Beach, Florida. I conformed copy of which is attached hereto (the "Contract"), and, under the terms of the Contract, the Principal is required to furnish a bond for the prompt payment for aU labor and material used in the perform- ance of the contract (the "Bond"). NOW, THEREFORE, we the Principal and **, I corporation organ- i.z.cd and existing under and by virtue of the laws of the State of *** and duly author- = to do business in the State of Florida as SlJtety (the "Surety") arc hdd and firmly bound unto RDP in the sum of mr~ mfooKf,fffD E1mIlars ($30,483,COJ.OO ), lawful money of the United Stites, for the payment of which sum well and truly to be rnade we bind ourselves, our heirs, ex- CCU1On, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF TlIlS OBLIGA nON IS SUCH that ifthe Principal (i) promptly makes payment to all laborers, mechanics, subcontractors and lTl.lIterialmen, and all persons who shall supply such person(s) or subcontractors with provisions and supplies for con- dutting the work to be performed under the Contract, (ii) indemni1ies and saves harmless RDP from any failure to make such payrnen'ts, and (iii) reimburses RDP for all:atiomeys' fees and costs and experts' fees and costs which RDP may reasonably incur in conncaion with a default, then this obligation shall become null wd void Otherwise, this obligation shill be and remain in full fon:e and effect. The Surety, for value rec;cived, hereby ,;,,-aives notice of any change, extension of time, al- teration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same. The SUl1:ty further stipulates and ~ that no such change, extension of time, alteration Of addition shall in any way affect its obligation on this Bond, except that any such change, extension of time, alteration or addition increasing the total amount to be paid the Principal shall automatically mCTease the obligation of the Surety on this Bond in a like amount. This is a Payment Bond under the provisions of Chapter 713, Florida Statutes, and (with- out limitation) the provisions and limitations ofSeaions 713.02(6) and 713.23, Florida Statutes, \lfe incorporated into this Bond by reference, and in the event of any conflict between the tenns of this Bond and Chapter 713, Florida Statutes, Florida Statutes shall control. **NP.TIONAL UHIOtl FIRE INSURANCE COt1PANY OF PITTSBURCH, PA, FEDERAL INSURANCE COMPANY, AND FIDELITY AND OEPOS IT COI~PANY OF I1ARYLANO ***PENN5YLVAIIIA, IIIDIANA, AND HARYLANO 104730I-ln IDOCSMCI 11.4.1-1-1 ~(~ \ 8/ ell>' 275 / : IN WITNESS WHEREOF. this instrument has been exeo.rted this ~ day of JULY . 1991. '1: Its: Peter C. Chairman & CEO Attest: I ~w.. ~ .1J- {.i !+ 9.if. Sec?et . liAelLlTY L1NIT: $7,620,750,00, SU~ETY;-:EDrML I NSURANCE COMPANY- ..' /-----~ Br .5-t&LvJL Ii vurJiri(/ LIABILITY LIMIT: $18,289,800,00 SURE~NATlONAL_U~:.IO~ FIRE I~SURANCE COl1PMIY OF . G-( PITTSBURuH1a tcJ~.( sf.- VA~ /0 L 1T5: ,USAI~ B, WILLETT, ATTORNEY-I N-FACT Its: SUSAN B, WILLETT, ATTORNEY-IN-FACT ATTEST: Attest; (2 "f'''' ,;7 .~ .~~<~".~ r 7'" s//") ili:~~t:l".RY v , ,;-"" ? /.....'" J<_<...-, ....(: S.g'~J - /-/ .(;~_. (' ../X? J ~-PD j/. S,A>POLiJ J REED V, SALLAK, FLORIDA RESIDENT AGENT AOII RISK SERVICES, INC. OF FLORiDA 1001 BRICKELL BAY DRIVE, SUITE 1100 IlIAI~I, FL 33131 L'AGILITY LIMIT: $4 572,450.00 S(;:lETYY'~ITY AND DEPO COMPA~Y OF (/~-/"" u t';; B':~ 1',/- ~j) //, 'Sd?~tfck REED V. SALLAK, FLORIDA RESIDEN ACENT AON RISK SERVICES, ItlC. OF FLDRIOA 1001 BRICKELL BAY DRIVE, SUITE 1100 MIAMI, FL 33131 .."'7 -7 / t &4'" "'-.,-~~ ~~r~;TADVC" -0;..._ / /' ./' /c/1'0-r::-r< _ ( . / l ..=-r' J3.Jl 21 ~Jh~ J REED V, SALLAK, FLORIDA RESIDENT AGENT AON RISK SERVICES, INC. OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE 1100 MIAMI, FL 33131 Irs: SU5AN B. WILLETT, ATTORNEY-IN-FACT ATTEST: 1041301-m IDOCSMCI 11.4.1.1-2 LLAli~ 1..UN;)II"\UI..IIUt'lUT\VUI, II.... \ SEP - 8 1998 ~\}. \ 84.0 \ r:; 276 BONO NO, 19-79-09/8154-39-57/0B114361 lAMPA OFFICE JI: ~ M IIC." lL4...03 PUAL OBLIGEE:aIDER MPEa to be mac:h= to sad ibrm. Il pan orebe l'etflm:aaa<:a Bend and Pa.ymao! Boml. Q;h m the UJlcant af'I'birty:Million FClLll' Hl:iPdftd:Eighty Three ~1lS8:Dd and 00/100 DoIla1s ($30,413,000,00), issued on behal!armE c:I.A.RK CONS'I'ltUCl'lON G.ROTJP,lNC, ("Prin;i- P't') as I'nnQpal, wkh:JDP l.OY AL PALM 110m.. UMrI::8D PA1'I'NE1Wm'. a PIoric!a Jim- It.d. pmnanp ("lQJP") u Obligee. lT1S ".'.~''RYml))~'luO))ANDA~=. emailJetbis 31ST d&yof AUGUST . 1995 'ONION PI.AN'I':!&S ~ N.A. is %lIIDleG fl$ Allctili~ Oblipc; CId IT IS '" .'UBY um>IlDTOO'D AND AG1tEJ:D that the fun~ is heRby a.ddcd to :End becomes a part orthe li09vB describld Pedb=ru:e and Payrnallt Baro.1k: Pro)'{c1=d, bcIvrem', under \be bOllds, s~ $hlID.1lOt k Ji!ob)e 10 both 0bJig=s in the ~ein ~ of the pal $llIn stlIted ia the "Payment Il14 p~ BOIlds; &Dd PrlMded, fi:lrtber, that the AdIitiOllll ObDp: shall b\1,Ye no rigln: lIg8inst this Prillcipal or1hc SInty eu:.ept sacll as the Obligee 'WOuld ~ and shaII be ~bject to dl ofiSc:ts and ~-- however a:isin& wbic:h woll1l1 be a~B to the Princi- pal a~11ast the Obliglle, subj=<;t to the wmm tights ~ by the Principal to the Adailion1 Obli".- AIl other tmnsllld CQJlditiOllS ofw ~ tl!ID3in ~ IN "WIl'NESS 'WlIEREOJ', tbis iDstr'amdIt has been tXecu.ted ~ ~ dzy of: AUGUST . 1998, RINCIPAL: 11B ("I'."'RK CO~UC'llON ~Ou:r, me. t" '.I '''''''I' Witness: ~~ctJ;. ./.. U --.J la: ~, 1/ p. I NATIONAL UNION FIRE INSURM.ICE COMPANY OF PIT GH, PA. losm~ / IlOCSM':l j.Tir!:s1: . ~ftlU1,A, fh1 ft- AsS1 ~ ' . "'-..\ 1l.4.I.H BY' **SEE ATTACHED PAGE FOR ADDITIONAL SIGNATURES Off REC 18401 fo 271 CORPORATE SURETYrJES) (Continued) I NAME &. Insurance Company STATE OF INC. \ LIABILITY LIMIT I "'I ADDRess View Road, Warren, NJ 07061 IN .S ---1 ". ... 2. CorporiltEi w a: :l lfl 2. l Seal --- STATE OF INC. \ ~IABILlTY LIMIT (J >- Corp.')rr.;,~E: ... w SIGNA TUAEIS a: :l NAME 15) & .'3eea lfl . SUSAN 8, WILLETT 2. TITlEISI (T peal Attornev-in-Fact NAME & I , I LIABILITY LIMIT c ADDReSs I ,s ". r 2. Corporate ... w SIGNA TUAEIS a: :l lfl NAMEIS) & ,. Seal TITLE/S) (Typed) NAME &. STATE Or INC. I ~IABII.ITY LIMIT w ADDRESS ". 1. 2. Corporate ... w SIGNATUAEIS a: :l lfl NAMElS) & 1. 2. Seal TITlEIS) (T~I NAME & STATE OF INC, \ ~IABllITY LIMIT "- AODRESS ". Corporate ... 1. W SIGNA TUAElS) a: :l lfl NAMEfSl &. 1. I 2 Seal TITLE'S) IrYDeol NAME & STATE OF INC. j ~IABILlTY LIMIT '" ADDRESS ". ,. 2. Corporate ... w SIGNATURe,S) a: :l NAMElS) &. Seal lfl '. 2. TITLEIS) lrypeQl . '. ". '. A!nerican Home Assur~nce Company N~tional Union Fire Insur~nce Com pan)' of Pittsburgh, I'a. Principal Bond Office: 175 Water Street. New York, N. Y. 1003 S POWER OF A TTORNE..... o~ f ~lr 840'1 PC 278 No. 06-8-17925 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pinsburgh. I'a.. a Pennsylvania corporation. does each hereby appoint ---Murinn L. Harper, Richard H. Bagby, Sherrie L. James, Karen C. Bassett, DoughiS R. Hite, Susan B. \Villctt: of \Vashingtol1, D.C.--- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undel1akings. recognizances and oth~r contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its bus'iness, and to bind the resp~ctive company thereby. Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pn. this.!!: day of March, 1998. ah1~ .. , ;r; /-/-' .' 1 Lawrence W. r strom, cnior-vtcc Prt:sidt:nt National Union Fire lnsurance Company of Pittsburgh, PA. Vice President American Home Assurance: Company ST ATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this I7lh day of f\.'{arch. 1998, bdore me cam~ the ahov~-namcd offic~f American Hom~ Assurance Company and National Union Fire Insuruncc Company of Pittsburgh, Pa., to me personally known to be thc individ'Ja~ and officer dcscribc:d herein. and acknowlc:dgcd that he- exe::culd the foregoing inslrume-nt and affixed the seals of said corporations thereto by authority of his oflil:e. 1J~1Ct2 0 ~ tw::llAH A HA~ fb!y N:Ot, Sll5Ie 0: New 'lOrk tic. Ol1W:08142B G4!!Med m Su!loIl: CwntJ"Jf Ccmmlssl:ln Ex;lres .!Ir.a 30. ( 7' CERTIFICATE Excerpts of Resolutions adopted by th:: Boards of Direclors of American Home Assurance Company and National Union Fire Ins,urance Comp;II1Y or Pittsburgh, Pol. on May 18, 1976: "RESOLVED, that lhe Chairman of the Board. the President, or any Vice President be, and hereby is. authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, unJertakings. recognizances and other contr<lcts of ind":llInity uno wrililll;5 obligl.ltul)' in the nature then:of, and to attach thereto the corporate seal of the Company, in the transaction of its surety busin~ss; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be aftixed to any such Power of Allorney or to any certilicatc relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile sign:llun.:s or t~lcsimik se<\l shall hc valid and binding upon the Company when so aflixed with n::sp~ct to an)' bond. undertaking. recognizancc or olher contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, tl1.lt any such Attorne/.in.Fact delivering a sccretarb.11 certification that the foregoing resolutions stil! be in c:rt"eet may in:;ert ill sllch certilil.:ution the dUlt..: thereof, said dat:.: to be not later than the d;.\te of tJclivery thereuf by such Atlofllt..:}'-in.racl." I, Elizl.lbC'th M. Tm:k, Secretary of American Home Assuram;e Company nnd of Natiunal Union rire Insurance Company of P;lt~hllrgh. f'a, do herehy certify that the fon:going exc~rpts of Resolutions adopted by the Boards of Directors of these corpor:ll;ons. allt.! the PO\\l.:f5 Ill' Altom..:} isslled pursunllllhcn.:to, arc (rue and correct, and that both the Resolutiuns and tht..: Powers of Attorney <.Ire ill full t"nrce ;.\nd c1Tecl. IN WITNESS \VItERf.OF, I have h'..:rcunto sel my hand anJ aflhcd the l"acsimile seal of each corporation r''''U~_ j.~ ~"'.'fI/~. IJ:llhf,(-1I'j1Ij , this 31 ST day of AUGUST II) 98 -P he ./(~ Tuck, Sccn:t;u'y \ ' :ac Chubb Surety ....UVVt:H OF ATTORNEY t-eoerallnSurance company Vigilant Insurance Company Pacific Indemnity Company Altn,: Surety Department 15 Mountain View Road Warren, NJ 07059 i') ..j Know All by These Presents, That FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGIlANT INSURANCE COMPANY. a Now Yorlc corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Richard H. Bagby, Douglas R. Hite, Sherrie L. James, Karen C. Bassett, Murian L. Harper and Susan B, Willett of Washington, DC------------------------------------------------------------------------- ~, :::) ,j- :0 each IS their true and lawful Attomey.in.Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or 'obligations. -'-' -~ ::>0< In Wrtness Whereof. said FEDERAL INSURANCE COMPANY. VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affIXed their corporate seals on Ap il 27 .1998. ;!u:";;(~ (: t,l~ rc;enneth C. Wendel, Assistant Secretary . Fro <- STATE OF NEW JERSEY }... County of Somerset On April 27 ,1998, before me, 8 Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assi5tant Secretary of FEOeRAL INSUJuNCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power 01 Attorney, and the said Kenneth C. Wender being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the COl'pOrOlte seals thereof, that the seals affIXed to the foregoing Power of Anomey are such corporOlte seals and were thereto affIXed by authority of the By-Laws of said Companaes; and thai he signed said Power of Attorney as Auistant Secretary of said Companies by like authority; and that he is acquainted with Frank e. Robertson, and knO'oNS him to be Vice President of said Companies; and thai the aigl'\lillure of Frank E. Robertson, subscribed to said POYMr of Anomey is in the genuine h3ndwriting 01 Frank E. Robertson, and was thereto subscribed by authority of said Sy.Laws and in deponenfs presence. Notarial Seal ll-fERESA B. CICHOWSKI Hot&ry Public. State of New Je~ No. 0014101 Commleslon Explree July '1:1, 2001 ~~J~~ CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: -All powent of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a VICe President or an Assistant Vice President, }ointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or rrthographed, The signature of each of the following officers: Chainnan, President, any Vice President, any Assistant Vice President, any Secretary, any AssistJnt Secretary and the seal of the Company may be atfoced by facsimile to any power of attorney or to any certifICate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company 'Mth respect to any bond or undertaking to which It is attached." I. Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify Ihal (I) the foregoing extract of the 8y.Laws of the Companies is tnJe and correct, (ii) tho Companies lII1! duly licensed and authoriz1!d to lrw1sacl surety busi'less n aI 50 of tho UMed Stales of America and tho DisIrid of Columbia and are authorized by tho U. S. Trea5UlY DepaI1rrent; furthe<, Federal and Vigilant are licensed in Puerto Rico and tho U. S. v.ljin Islands. and Federal is ncensed n American Samoa. Guam. and mch of tho PrtMncos of Canada except Prince Ecmard Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 31 ST day of AUGUST , 19 ~. ~~ L. L.~~ ' Kenneth C. Wendel. ssistanl Secmary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surely@chubb.com 1S.1G-Q22S (Ed 2.96) cauSENT ~ . OfF" I Q!, 0 : F': I(,'j' J I ?:~ 280 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALT1MORE, MD 21203.1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER. Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Murian L. Harper, Richard H. Bagby, Sherrie L. James, Karen C. Bassett, Douglas R. Hite and Susan B. Willett, all of Washington, D. C., EACH its true and lawful agent and Attomey.in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its a~t ecd: any an bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be as bind' n said Co as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly ele eers ofth any at its office in Baltimore, Md., in their own properpcrsons. This power ofanomey revokes that issued on behalfOf~ . Harper, e d July 23, 1997. The said Assistant Secretary does hereby certify that the extract s~~ n the rev hereof is a true copy of Article VI, Section 2, of the By.Laws of said Company, and is now in force. ~ # IN WITNESS WHEREOF, the said Vice-President and Assist~etary have to subsCribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MAR~~S 30th day h. A.D. 1998. ATTEST: FIDELITY . ~SIT C~NY OF MARYLAND . ~itZ>~~" 0L _~L --r" By: 'alt'..J,!- ~ T. E. Smith ~ $SiSlanl s~ W. B. Walbrecher . Stale ofMalyIand } 55, ~ ~~ ColllltyOfllaltimor< ~ On this 30th day of March, A.D. 1998, before~e s er, aNowy Public of the State of Maryland, duly commissioned and qualified, came W, B. WALBRECHER. Vice-President and T. E. S stant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offi8....~ ibed in and who executed the preceding instrument.. and they each acknowledged the execution of the same, and being by me duly swo~erally and each for himself deposeth and saith, that they arc: the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers'were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen. J!ice.President Notary Public Expires: August I, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Anomey was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Anicle VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Anomey and Certificate may be signed by facsimile under and by authority of 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 lOth day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice.Presiden~ Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of anomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." fN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 31ST day of AUGUST 1998 ~,,(/: m t?r~ Assistant Secretary .U'~A!h'lJ!.1. '" '1-<'" ,.....(.-()i?ll'i!JlQ, ,_"'I,MJ-'l,,'j'}!'-;' .I.'H':,',', ",~,I, ' '/--II) '.'1 1'1'< II: I.; tiN1ViY !1i!VI~1 c...:.. ',., I~/I'I('I./H t:u:..::,r.- Ll428-02S-4020