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Surety BondsMEMORANDUM To Beth Cohen, County Clerk's Office From: Antonia Gerli, Planner Date: July 9, 1991 Re Tarmac Surety Bonds - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enclosed are the surety bonds posted by Tarmac Florida, Inc. These bonds are part of the DCA settlement agreement which allows Tarmac to continue excavating their quarries on Cudjoe, Rockland and Big Coppitt Keys. The bonds have been approved by the County Attorney's Office. If you need further information or have any questions, please call me at X4484. TARMAC10/TXTGERLIJuly 9, 1991 �Uuo) �U �a =10704 =` .��saayssa�a�t■�v JKA a s %wW8V '�r1 Z1 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint James G. Smith or Edward F. Pugh or Frederick L. Dubin or John M. Garrett or Lisa M. Battista of Bestheda, Maryland its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the fofllowing By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1 _ "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.- - Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." Z� IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vic-9- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this _1.9t...... day of .. No-vembe-r-- -_- 19 89- Y Attest:�__� SEABO RD SURETY COMPANY, 'y 1927 1 B H�- .. / 0 NEWy°" (Sealy l� - Assista ecretary `l= Vice- sident STATE OF NEW JERSEY COUNTY OF SOMERSET ss.. On this ... ... __1st ------------- day of 't.Nove.mber- - -'_ 89 r __. ----- , 19 __... .-_, before me personally appeared _ Michael- B-._ Ke.e_ga21 - - a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of _--New--_Jersey that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; 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 Company; and that he signed hi name ereto as Vice -President off; said Company by like authority. FELI. E M. ZUB2yCKl No,q tv ` NO, ARy FUELIC OF NEW JERSEYS v (Seal) y oa y .o t ;iss;on Expires June4 , 199} iVoiary Public CERTIFICA_— % I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY 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 Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1. of the By -Laws appointing and authorizing an atfo. ney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described :ri said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made. hereby is authorized and appro,,ed." IN WITNESS WHEREOF, I have hereunto set my hand and affixed _the -cor orate seal of the Company to these resents this gdRE)y -_ 10- h_. May =- 1;--�- -` . day of - ` _.y -.-, 19. 91.._ P P - _ - y v ssistant Secretary Form 957 (Rev 7;8• Bond No. 208071 PERFORMANCE BOND WHEREAS, TARMAC FLORIDA, INC., located at 455 Fairway Drive, Deerfield Beach, Florida 33443-8640 is the Operator on the property described as: County of Monroe, Big Coppit, State of Florida: Part of Government Lot No. 5, Section 21, Township 57 South, Range 26 East. Approximate Mile Marker 8.5, U.S. 1, Monroe County. County of Monroe, Rockland, State of Florida: Part of Government Lot Nos. 6 and 7, Section 21 Township 57 South, Range 26 East. Approximate Mile Marker 8.5, U.S. 1, Monroe County. LOCATIONS: Big Coppit and Rockland, Monroe County, Florida. WHEREAS, TARMAC FLORIDA, INC., has applied to the County of Monroe for permission to excavate a lake on the afore -described property and to increase the elevation of the property surrounding said lake, and pursuant to public hearing a permit has been approved by the MONROE COUNTY BUILDING & ZONING BOARD unconditional upon compliance with certain conditions in connection with said project: KNOW ALL MEN BY THESE PRESENTS: That Tarmac Florida, Inc. 455 Fairway Drive, P.O. Box 8648, Deerfield Beach, Florida 33443-8640, and Seaboard Surety Company duly authorized to conduct business in the State of Florida, as Surety, are held and firmly bound unto the County of Monroe in the Penal Sum of Two Hundred One Thousand Five Hundred Dollars ($201,500.00) for the payment of which sum well and truly to be made, do bind themselves, their heirs, successors and assigns, jointly and severally by these presents: THE CONDITION OF THIS OBLIGATION is such that: WHEREAS, The Principal proposes to excavate said lake and increase the elevation of said property substantially in accordance with plans hereto attached and by reference made a part hereof, as prepared by Tarmac Florida Inc., entitled, Final Mining Plari Rockland/Big Coppitt Keysand dated the 9 day of Maj. 199A , and the Principal further covenants and agrees to perform said work in accordance with the following additional conditions: See Attached "Agreement" IN WITNESS instrument under 1991. WHEREOF, the above named parties have executed this their seals this loth day of May , Gli 1S By: Atte Ass is As to surety, May 10, 1991 SEABOARD SURETY COMPANY — By: ci�� r U J 0. Gam. Lisa M. Battista, Attorney -In -Fact STATE OF FLORIDA ) SS COUNTY OF MOLAR — �� - James William Dunn, Florida Resident Agent BEFORE ME, the undersigned authority, this day appeared Robert F. Scully and Albert W. Townsend qq pit&nbfingto me well known and known to me to be the President and Secrary of Tarmac Florida Tnc- a Corporation under the laws of the State of Florida, and which said Corporation is known by me to be the persons described in and which executed the foregoing instruments, the said officer of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officer of said Corporation executed, signed and delivered the said instrument as the act and deed of said Corporation, and the said officers of said Corporation then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as the act and deed of the said Corporation and in this name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being thereunto by the said Corporation duly authorized and directed. WITNESS my hand and official Seal at in the County and State aforesaid, on this, the ? c/ day of A.D. , 1991. �j� eg My CommissiQLLAe�RYCPUE SPATE OF FLORIDA MY COWISSION EYP. AUG.27,1994 BONDED THRU GENERAL INS. UND. Notary Public, State of Florida at Large NOW THEREFORE, if the Principal/s shall well and truly perform all of the undertakings, covenants, terms, conditions and agreements as herein set forth during the original term as above provided, and any extensions thereof, all without notice to the Surety, if any, and shall, also, well and truly perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the work hereinbefore proposed to be done that may hereafter be made, notice of which modification to Surety, if any, being hereby waived, then this obligation to be void; otherwise to remain in full force and effect, provided, however: ADDENDUM #1 1. The release of the subject bond shall require approval of both the Director of Building & Zoning Department and the Director of the Department of Community Affairs Management. that the aggregate accumulated liability under this bond shall in no event exceed the penal sum named herein for any and all claims which may be established during the terms hereof. ""C" %,oPy SEABOARD SURETY COMPANi FF FA No_10704 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY -POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint James G. Smith or Edward F. Pugh or Frederick L. Dubin or John M. Garrett or Lisa M. Battista of Bestheda, Maryland its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows `Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid J;Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority Whereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: 'ARTICLE VII. SECTION 1 "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. — Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident WSecretary or a Resident Assistant Secretary, or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature, or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 15t. day of Novembe-r- _- -19_89 Q SUP, E7y.-�LI 1927 Attest:J� _' SEABO RD SURETY COMPANY, By OrNpx "r (Seal)l[.0.i , �.� {� ' Assists ecretary Vice- sident STATE OF NEW JERSEYS COUNTY OF SOMERSET On this .. 1 st _._. day off:- Novemb - jg 8 9 before me personally appeared Michael- - Keegan --- ..... - _----`a Vice -President of SEABOARD SURETY COMPANY, With whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of . _New_ -Jersey- ; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by orderof the Board of Directors of said Company; and that he signed hi �n�ameereto as Vice -President of said Company by like authority. td fr_!` c M. ZU?"CICI i k0T c' t_ .O'r. Y YL,t;L:C CF t\ (Seal) N ARv x `�/ Oop hiy y� Prot �pces June4 , t991 `- — —Notary-Public CERTIFICA� s - *W_, lull. true and undersigned rt Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is= copy, is in of full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power is Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970, 'RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any_ WS certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws= _ appointing and authorizi,ig an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments 8F authorized anddescr apbod in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is IN WITNESS WHEREC;F, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this SUHE7 day of1991_ 1927 �F Nf`M ---------------------- sistant Secretary Form 957 (Rev 7 84) For verification of the authenticity of this Power of Attorney you may call _S wu____.._-.­_ Bond No. 208070 PERFORMANCE BOND WHEREAS, TARMAC FLORIDA, INC., located at 455 Fairway Drive, Deerfield Beach, Florida 33443-8640 is the Operator on the property described as: County of Monroe, Cudjoe Key, State of Florida: That portion of East 1/2 of the N.W. 1/4 of Section 29, T66S, R20E, lying West of State Road, containing 61.87 acres, more or less. This property is rectangular in shape. The Eastern and Western boundaries measure about 1020 feet each. This property is shown on a survey dated August 25, 1977 made by Joe M. Trice. LOCATIONS: Cudjoe Key, Monroe County, Florida. WHEREAS, TARMAC FLORIDA, INC., has applied to the County of Monroe for permission to excavate a lake on the afore -described property and to increase the elevation of the property surrounding said lake, and pursuant to public hearing a permit has been approved by the MONROE COUNTY BUILDING & ZONING BOARD unconditional upon compliance with certain conditions in connection with said project: KNOW ALL MEN BY THESE PRESENTS: That Tarmac Florida, Inc. 455 Fairway Drive, P.O. Box 8648, Deerfield Beach, Florida 33443-8640, and Seaboard Surety Company duly authorized to conduct business in the State of Florida, as Surety, are held and firmly bound unto the County of Monroe in the Penal Sum of Ninety Five Thousand Dollars ($95,000.00) for the payment of which sum well and truly to be made, do bind themselves, their heirs, successors and assigns, jointly and severally by these presents: THE CONDITION OF THIS OBLIGATION is such that: WHEREAS, The Principal proposes to excavate said lake and increase the elevation of said property substantially in accordance with plans hereto attached and by reference made a part hereof, as prepared by Tarmac Florida Inc., entitled, Final Mining Plan Cudjoe Key and dated the 13 day of July, 1990 , and the Principal further covenants and agrees to perform said work in accordance with the following additional conditions: See Attached "Agreement" IN WITNESS WHEREOF, the above named parties have executed this instrument under their seals this loth d o Mar. , 1991. T By: Attest: 4 Assistant'Secretary As to surety, May 10, 1991 SEABOARD SURETY COMPANY By: Lisa M. Battista, Attorney -In -Fact STATE OF FLORIDA ) Now SS COUNTY OF MONReE ) James William Dunn, Florida Resident Agent BEFORE ME, the undersigned authority, this day appeared Robert F. Scully and Albert W. Townsendct�t heting to me well known and known to me to be the President and ecretary of Tarwac Florida, Inc. a Corporation under the laws of the State of Florida, and which said Corporation is known by me to be the persons described in and which executed the foregoing instruments, the said officer of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officer of said Corporation executed, signed and delivered the said instrument as the act and deed of said Corporation, and the said officers of said Corporation then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as the act and deed of the said Corporation and in this name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being thereunto by the said Corporation duly authorized and directed. WITNESS my hand and official State aforesaid, on this, the 1991. My CommigZ�W'P�}fF�TAPLS6F FLORIDA MMMyCCOMAIISSION EXP. AUG.27,1994 BONDED THRU GENERAL INS. UND. Seal at ��E,eF�EL[) in the County and day of A.D., Notary Public, State of Florida at Large NOW THEREFORE, if the Principal/s shall well and truly perform all of the undertakings, covenants, terms, conditions and agreements as herein set forth during the original term as above provided, and any extensions thereof, all without notice to the Surety, if any, and shall, also, well and truly perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the work hereinbefore proposed to be done that may hereafter be made, notice of which modification to Surety, if any, being hereby waived, then this obligation to be void; otherwise to remain in full force and effect, provided, however: ADDENDUM #1 1. The release of the subject bond shall require approval of both the Director of Building & Zoning Department and the Director of the Department of Community Affairs Management. that the aggregate accumulated liability under this bond shall in no event exceed the penal sum named herein for any and all claims which may be established during the terms hereof.