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Performance Bonds O~~~2~~E (305) 294-4641 buARDOFCOUNIY ~ MAYOR George Neugent, District 2 Mayor Pro tern Nora Williams, District 4 Dixie Spehar, District I Charles "Sonny" McCoy, District 3 Murray Nelson, District 5 ".... -"- ...-...--.. , MEMORANDUM To: Belle DeSantis, Deputy Clerk Office of the Clerk of the Circuit Court From: Carol A Cobb, Acting Sr. Administrator a/ t? ~ Solid Waste Management . Subject: Solid Waste Haulers' Performance Bond Renewals Date: September 7, 2001 Enclosed is the original performance bond renewal for Mid-Kevs Waste. Inc. enclosure SeP ie m PERFORMANCE BOND Bond #618279 KNOW ALL MEN BY THESE PRESENTS, That, Mid Keys Waste, Inc., hereinafter called the Principal), and Century Surety Company (hereinafter called Surety) a corporation of the State of Ohio and has an office located at 28601 Cha2rin Boulevard, Suite 500, Woodmere, OH 44122 are held and firmly bound unto Monroe County, FL (hereinafter called the Obligee), in the full and just sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has entered into a certain written contract for the Garba2e Collection Franchise A2reement with the above mentioned Obligee dated ~ day of Ju L V J 41- which contract is hereby referred to and made a part hereof as fully ana to the same extent as if copied at length herein, and NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular matters and things in said contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified during the term of this bond, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be null and void, otherwise to be and remain in full force and effect. PROVIDED, HOWEVER, that this bond is subject to the following conditions and prOVISIOns: 1. This bond is for the term beginning September 1, 2001 and ending September 1, 2002. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee due to actual costs of performance of the contract up to the termination of the term of this bond and in no event shall the liability of the Surety exceed the penal sum of this bond. 2. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety of this instrument unless same be brought or instituted and process served upon the Surety within six months after the completion of the contract. 3. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. 4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate executed by the Surety. Signed and sealed this 4th day of September, 2001. Principal ~/-:k-~ Itness Mi~ Keys Waste, I~ B';;1f~{7/ ~ J/'th . (Title) Surety /c;~Jty Compan! /~y: "^-G" , )oJg Patricia A. all, Attorney-In-Fact -- CENTURY SURETY COMPANY COLUMBUS, OHIO POWER OF ATTORNEY PRINCIPAL Mid Keys Waste, Ine. CONTRACT AMOUNT EFFECTIVE DATE September 1, 2001 AMOUNT OF BOND $ 100,000.00 POWER NO. 6 1 82 7 9 KNOW ALL MEN BY THESE PRESENTS: That the Century Surety Company, a corporation in the State ofObio does hereby nomina~ constitute and appoint: Daniel J. Needham, Kathy J. Goe, Jeffery L. Booth, James E. Feldner, Victor D. Thompson, Jill Calfee, Patricia A Wall, Laurie A. Krokos, Julie K. Bowers, Kathleen P. Price, Cynthia J. Hastings and Felicia P. Young its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver fur and on its behalf; as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof; PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Dollars ($1,500,000.00). This Power of Attorney is granted and is signed by filcsimile pursuant to the fullowing Resolution adopted by its Board of Directors on the 4th day of October, 1988: "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)-in-fiIct of such persons, finns, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by filcsimile; and any such Power of Attorney or certificate bearing such filcsimile signatures or filcsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by filcsimile signatures and filcsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Century Surety Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 4th day of October, 1988. Notary Public) State of Ohio) ~\\,,'UlUlI"111. #"'" c.tURi,.,. 1/~ oS A'\ ........ (":0 ~ S'" ~ .' 08" ".- :i'- ~ ;) ..' ~, ~.. .0_.......:-' ~ S ~ ...~O r.c.... -~ ~ =~:,..,~.- \'J? S :: \oJ: SEA L ~ ~ ~ = l i '" ~ ::,. ;: :s \ i ~ ~ -..n 0.- ~ ~ '.~HI." ~ ~ -......... .~ ~.f.: ~$' ~"" \\,'\ .l'!m'm~\\\~ SS: CENTURY SURETY COMPANY k~~ Roswell P. Ellis, President ,/~ Glenn D. Southwick, Treasurer On this 4th day of October, 1988, befure the subscriber, a Notary for the State ofObio, duly commissioned and qualified, personally came Roswell P. Ellis and Glenn D. Southwick of the Century Surety Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company afuresaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus, Ohio, the day and year above written. ;f~iAt~\ SUEE.DUFfY v.,l~~. ~. ,Z . r\ N0TARVPUBLlC,STATEOFOHIO I ' ~ ot , Sue E. DuffY ./ MY i;,//.MISSION EXPIRES AUG. 7, 1999 Notary Public State ofOhio My Commission expires August 7, 1999 I, the undersigned, Secretary ofthe Century Surety Company, a stock corporation ofthe State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revok~; llnd furthennore thal the Resol\ltion ofthx BRB.rd of Directors, set forth herein above, is now in force. Signed and sealed in Cleveland, Ohio this 4tn _day of ~eptemDer, ZUUl ~\\,,,mll",,,,~ ~,,,, ".1. -# "it""" , r. ;,~ '*....-\ .......... (" 0 ~ '* ..~ .' ~O." ~ ~ ~ ~') " 9-"" ..., :". ... ~ !;o;; '""- ] 0 '_'. 00 .. ::: it' ".., .. . - ':: :: ~ f ~.- \,,:: 5 V i SEA l J ~ 5 := .. : It ~ \ l;:t , .....no.. 11 ~ '.J<r..H I.... ~ ~ ....... ~ ~ ~ ~/", ~'\~~ ~/','''m'''\\\t :":iY",' State of Ohio ) SS: 11111111111111111111111111111111111 618279 *1298768* ~e/~c-- Anne L. Meyers Any reproduction or filcsimile of this fonn is void and invalid a Century Surety Company CERTIFICATE 2000 The following financial infonnation was exceIpted from the Statutory Annual Statement filed by Century Surety Company with the Ohio Department of Insurance on March 1, 2001. STATEMENT OF INCOME Direct Written Premium Reinsurance Assumed Reinsurance Ceded Net Written Premium Change in Unearned Net Earned Premium Losses & LAE Incurred Commission Expense Other Expenses Underwriting Gain/(Loss) Investment Gain Other Income/(Expense) Income Before FIT . Federal Income Tax $38,636,015 19,454,233 (26,179,184) 31,911,064 341,036 32,252,100 20,821,171 9,943,324 6,116,381 (4,628,776) 3,531,756 348,586 (748,434) (606,500) Net Income $(141,934) BALANCE SHEET Assets Invested Assets Agents' Balances (net of Reins.) Reinsurance Recoverables Other Assets Total Assets $83,341,058 (1,226,691) 5,298,531 1,319,294 $88,732,192 Liabilities & Sumlus Unearned Premium Reserve Loss & LAE Reserves Other Liabilities Total Liabilities Surplus $12,848,062 38,255,944 8,117,221 $59,221,227 $29,510,965 I hereby certilY that the above infonnation is that contained in the Statutory Annual Statement filed by Century Surety Co with the Ohio Department of Insurance for the year ending December 31,2000. OK'!~rY ~.2~~E (305) 294-4641 (~.- ---- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 MEMORANDUM To: Belle DeSantis, Deputy Clerk Office of the Clerk of the Circuit Court From: Carol A. Cobb, Sr. Administrator/) #/) /). ~J1 Solid Waste Management l ~ U ~ Subject: Solid Waste Haulers' Performance Bond Renewals Date: September 18, 2002 Enclosed are the original performance bond renewals for Mid-Keys Wute" IDO. and WASTE MANAGEMENT INC. OF FLORIDA. Please attach these documents to the respective contracts. /cac enclosures as stated (2) ~. Coc.: ~ Performance Bond Bond No.: 08641549 KNOW ALL MEN BY THESE PRESENTS, that Mid Kevs Waste, Inc., (hereinafter called the Principal), and Fidelity & Deposit Company of Marvland (hereinafter called the Surety) a corporation of the State of Marvland and has an office located at 4010 Bovscout Blvd., Tampa, FL 33607 are held and firmly bound unto Monroe County, FL (hereinafter called the Obligee) in the full and just sum of One Hundred Thousand and no/1 00 Dollars ($100,000.00) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract for the Garbaee Collection Franchise Aereement with the above mentioned Obligee dated the day of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular matters and things in said contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified during the term of this bond, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be null and void, otherwise to be and remain in full force and effect. PROVIDED, HOWEVER, that this bond is subject to the following conditions and proVISIOns: 1. This bond is for the term beginning September 1, 2002 and ending September 1,2003. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee due to actual costs of performance of the contract up to the termination of the term of this bond and in no event shall the liability of the Surety exceed the penal sum of this bond. 2. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety of this instrument unless same be brought or instituted and process served upon the Surety within six months after the completion of the contract. 3. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. 4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate executed by the Surety. Signed and sealed this 12th day of September, 2002. ~~~ By: Witness By: (Title) Fidelity & Deposit Company of Maryland (Surety) By: ~lf1rr2 D. A. ells, Attorney-In-Fact (Title) and Florida Resident Agent Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, 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 M. Stephen JACKMAN, Michael Donet, Stewart MARTIN, John HAROLD and D. A. Delis, all of Miami, Florida, EACH its true and lawful agent and Attorney-in- to make, te, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and akings e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon sa' pany, a and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the reg elected ofthe Company at its office in Baltimore, Md., in their own proper persons. This power of attorney T< s that is n behalf of M. Stephen JACKMAN, Michael Bonet, Stewart MARTIN, John HAROLD, and Karen L RDAS, uly 2,2001. <:> The said Assistant Secretary does hereby certi the ex forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said compan~, . n w in for~ IN WITNESS WHEREOF, the said esident ~$sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said ITY A~~OSIT COMPANY OF MARYLAND, this 14th day of August, A.D. 2002. ~ @7 ATTEST: ~ ~~ ~ ~ ~ 6)}~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND J. G. Hamilton By: Assistant Secretary Paul C. Rogers ~ Vice President State of Maryland } County of Harford ss: On this 14th day of August, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are 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 written. ~~. Patricia A. Trombetti Notary Public My Commission Expires: October 9,2002 POA-F 031-0216 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." 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 Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney 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 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, L!Idll~~ f this if). tL day of c9c0h2-- V/0~J Assistant Secretary O~~~o~~E (305) 294-4641 (-""-- BOARD OF COUNTY COMMISSIONERS Mayor DixIe M. Spehar, District 1 Mayor Pro Tern Murray E. Nelson, DistrIct 5 George Neugent, District 2 0larIes "Soon" McCoy, DistrIct 3 David P. Rice, Disbict 4 .... ~. <tal .0' _ ..::!~!:.. --- - ... ----- - -~- MEMORANDUM To: Belle DeSantis, Deputy Clerk Office of the Clerk of the Circuit Court From: Canll A. Cobb, CPM, Sr. AdmbJistraWra/t?UJ Solid Waste Management . Subject: Solid Waste Haulers' Performance Bond Renewals Date: September 2, 2003 Enclosed is the original performance bond renewal for Mid-Kevs Waste. Inc. Please file this document with the contract. enclosures as stated (1) "> ..1 c::::l ." 0 CJ = -- "Z' .'1> c...,.) r- ;:tJ z en fT1 o....,z rrJ 0 ,..,~-< -0 gM: t -rJ .:;- 0 c::;o;:;r.: :::0 z. 0 -0 -1("'), :::0 :< ~-I::r: :x ,-:, -" ;;;,.... .s::- :J .-~ i- I.': .. -' '1:. W ..., ....-....., "....> ; ll@ ~ Fidelity and Deposit Company of Maryland Surety Service Center, 11411 Red Run Blvd., Suite 300 Owings Mills, MD 21117-3248 ~Iv~d Toll Free Telephone Number: 1-800-664-0939 ~ CONTINUATION CERTIFICATE For Miscellaneous Term Bonds Mid Keys Waste, Inc., as Principal, and the Fidelity and Deposit Company ofMaIyland, as Surety in a certain Bond No. LPM 8641549 in the penalty of One Hundred Thousand Dollars ($100,000), in favor of Monroe County, FL do hereby continue said bond in force for the further term of one year begirming on the 1st day ofSeptem- ber, 2003 and ending on September 1, 2004. Perfonnance Bond PROVIDED, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said Fidelity and Deposit Company ofMaIyland under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty, and that this certificate shall not be valid unless signed by said Principal. Signed, sealed and dated this 5th day of June, 2003. ~W1J~:tt ~~ ~~SEALl ~:;::6,. Principal (S EAL) (SEAL) Principal ~ct1 ,~)- Oo~,,-Jer~\~r\~ b~ ~\o('odc^- ~e'Dde,,-\- (\~'E~ FIDELITY AND DEPOSITCO~ MARYlAND By ~ ~ , Attorney-in-Fact aed EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in.Fact as the business of the Company may n:quire, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still 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 additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney 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 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 5~ day of ~--- 2M-3 ofd~ Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofthe ~~~aryland, by PAUL C: ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pu~suance 9..[ u~S~~y Article VI, Section 2, of the By-Laws of said Companies, which are set forth on the reverse ~. ~ llre'1lere~i'U.1jed to be in full force and effect on the date hereof, does hereby nOminate,~onstit gll1l:1(a~1 . ~~~~~YMAN, Gloria ROSENBERGER, Iva MANNS, Allison PAIG ~~l ~all of Owings Mills, Maryland, EACH its true and lawful ~~d~\~.iTI.:- ~\' ~e, se~l and deliver, for, and on its b~hal~ as surety, and as its act and ~d:::1t~ ~o, ( ~ki6gs and the executIOn of such bonds or undertakings III pursuance ofthese~.. ~ll\k as ~~~~~~.' ompanies, as fully and amply, to all intents and purposes, as if they had been duly ~_~~ d~~~e regularly elected officers of the Company at its office in Baltimore, Md., in their own pI' {'f ~ .-~tid'6~wer of attorney revokes that issued on behalf of Joy WOOTERS, Angela HYMAN, Gloria ROSENBER ; a'MANNS, Allison PAIGE, Cocheyse EPPS, Tammy L. WHITE, dated October 4, 2002. The said Assistant Secretary does hereby certify that the extract set torm on me reverse side hereof is a irue copy of Article \1, Section 2, of me By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 14th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~v~ By: Assistant Secretary Paul C. Rogers ~ T. E. Smith Vice President State of Maryland } 55' City of Baltimore . On this 14th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~ ~ ~jV t--'\U Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F -OWML