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Maintenance BondAIV EARTH TECH ENTERPRISES MEMORANDUM q e k-,4,oL �" August 25, 2017 ri TO: Rhonda Haag FROM: Butch McGovern �',, 4 RE: Air Curtain Operations and Maintenance Monitoring Canal #290 Big Pine Key and Canal #83 Rock Harbor Enclosed, please find the required Maintenance Bond in the amount of $21,793.15 as required by contract. If there are any questions, please contact me directly. 5425 Golden Gate Pkwy, Suite 3, Naples, Florida 239-774-1223 Fax 239-774-1227 MAINTENANCE INTERNATIONAL FIDELITY INSURANCE COMPANY BOND One Newark Center, 20th Floor, Newark, NJ 07102 Bond No.:0660266 KNOWN ALL BY THESE PRESENTS: That we EARTH TECH ENTERPRISES. INC. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the Laws of the State of NEW JERSEY , as Surety, are held and firmly bound unto Monroe County Board of county Commissioners , as Obligee, in the total SUM Of Twentv One Thousand Seven Hundred Ninetv Three Dollars and Fifteen Cents U.S. Dollars ( $21,793.15*** ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligee dated July 19, 2017 for Air Curtains Operations & Maintenance Monitoring Canal #290 Big Pine Key and Canal #83 Rock Harbor Monroe County, Florida ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of one (1) year(s) commencing on August 15, 2017 (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. SIGNED this i9th day of July 2017 EARATH TECH ENTERPRISES, INC. By: liaY By: POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond # 0660266 ALLEGHENY CASUALTY COMPANY One Newark Center, 200 Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MATTHEW T. SMITH Fort Myers, FL their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016 STATE OF NEW JERSEY ��y CASUAZTyC1. County of Essex ?iD r _� 1936 George R. James Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) N�VJERS� On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,%`%%I$II���,"''�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, ,.•����C,PsHY CRG %, New Jersey the day and year first above written. Okssio,y .c� V�NOTARY�+A V %g PUBLIC y: P. ' Cathy Cruz a Notary Public of New Jersey 9� '• 5 My Commission Expires April 16, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, July 19, 2017 A01384 Sol Risk, Inc. DBA Smith Insurance and Bonds Maria H. Branco, Assistant Secretary