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Performance & Payment Bond Bond No. 929101239 PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND BY THIS BOND, WE Lodge Construction, Inc. 2161 McGregor Blvd., Suite B, Fort Myers FL 33901-3426 (941) 332-4371 as Principal and American Casualty Company of Reading, Pennsylvania C.N.A. Plaza, Chicago IL 60685 (312) 822-5000 as Surety, are bound to Monroe County FL 5100 College Road, Stock Island, Key West FL 33040 (305) 292-4470 hereinafter called the Owner, in the sum of Four Million Three Hundred Thirty-four and 00/100************** Dollars ($4,334,000.00) for payment of which we find ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. This bond is given pursuant to Section 255.05, Florida Statutes, and all notice and time limitations provided therein are incorporated here and are deemed to be applicable. THE CONDITIONS OF THIS BOND IS that if Principal: Performs the contract dated 07-.:i I , 1999 between Principal and Owner for construction 1) of The Rehabilitation of the Gato Building located at the corner of Simonton and Virginia Streets in the City of Key West, Florida herein called Contract, the Contract being made a part of this bond by reference, at the times and in the manner prescribed in the Contract, and 2) Promptly makes payments to all claimants, as defined in Section 255.05 (I), Florida Statues, supplying Principal with labor, materials and supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, and 3) Pays Owner all loss, damage, expenses, costs and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract and 4) Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated on ~. c.c.. !:1 ~ I , 1999 Lod!!:e Construction. Inc. (prinCiPal). ~ By: 7h- ~ American Casualty Company of Readin!!:. Pennsvlvania (Suretp By: ~'-C~~ Eileen C. Heard, Attorney-in-Fact Florida Licensed Resident Agent Statutory Bond Performance and Payment Section 255.05-FLA PUBLIC Inquiries: (813) 636-3500 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "ArtIcle IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chainnan of the Board of Directors, the President or any Executive, Senior or Group VICe President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of tike nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chainnan of the Board of Directors, the President or any Executive, Senior or Group VICe President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting.duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group VICe President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimDe to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be vaHd and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "ArtIcle Vl--EXecution of Obligations and Appolnbnent of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group - Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act il behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth il their respective certificates of authority, shall have fuO power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile l.I'lder and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly c:aIIed and held on the 17th day of February, 1993. "ResoIwd, that the signatLn d the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shan be valid and bincfmg on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shaD, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group VICe President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of tike nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group VICe President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group VICe President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." POWER OF ATTORNEY APPOINTING 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 James M. Moore, E.J. O'Mara, Peter A Thomson, Pat E. White, Eileen C. Heard, Karen Traynham, Douglas A. Scribner, Unda J. Meyer, Individually of Tampa, Florida their true and lawful Attorney(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 instnments were signed by a duly authorized officer of their corporations and .. the 8Cl:s of said Attorney, pc.nuant 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 incflC8ted, by the Boards of Directors of the corporations. In WItness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 1st day of July , ~. CONTINENTAL CASUAL TV COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA ~~ ~ M.C. Vonnahme Group Vice President StatIe of Illinois, Ccu1ty d Cook, as: On this 1 st day of JUy , 1996 , before me personally came M. C. VOI.llItorne , to me known, who, beqJ by me dUy sworn. cid depose and say: that he resides it the viage of o.ien ,State of linois; that he Is. Group VICe Presldent of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described il and which mcIlCUt8d the IIbove Instn.ment; that he knows the seals of said corporations; that the seals affixed to the said Instn.ment are such corpol ate seals; that they were sO affixed pursuant to - authority given by the Boards of DirectDrs of said corporations and that he signed his name thereto pc.nuant to like authority, and acknowledges same to be the act and deed of said corporations. (Rev.7/14195) My Commission Expires October 19, 1998 CERTIFICATE cY~(!.~ Unda C. Dempsey Notary Public ~ John M. littler Assistant Secretary