Performance and Payment Bond Doc#2376009 Bk#3174 Pg#763 Electronically Recorded 5/17/2022 at 3:31 PM Pages 10
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $86.50
Document issued to comply with the Florida Statue Chapter 713.245
Front page of Performance and Payment Bond
Bond Number: 800099134
Surety: Atlantic Specialty insurance Company
Local Address: 605 Highway 169 North, Suite 800
Plymouth, MN 55441
Phone: (781)332-7752
Contractor: Earth Tech Enterprises, Inc
Owner: Monroe County BOCC
Obligee Name: Monroe County BOCC
Contract Number: RFP-406-0-2022
Amount of Bond: $2,677,400.00
Project Description: West Martello Seawall Hurricane Repairs
Legal Description of
Property: 1000 Atlantic Blvd Key West, Florida 33040
Sec 05 Twp 63 Rng 25
,t aIPRLIy 1!C)ND A C f-1'1h 0-A L�''C IA L IN,-LrAN LXF
FPIEIINSURANCE
SIM a & BONDS +.J,. S jr)("k." tP _':P`ti`:"J � e ix��`:3 __I
Doc.#2376009 Page Number: 2 of 10
THE Atlantic Specialty Insurance Company
GUARANTEE One Towne Square, Suite 1470
Southfield, Michigan 48076
en ult tcf «,mp ,y Phone: 246-281-0281 Fax: 248-750-0431
www.the-quarantee.com
Bond Number: 800099134 Payment Band
CONTRACTOR SURETY
(Name, legal status and address) (Name, legal status and principal place of business)
Earth Tech Enterprises, Inc Atlantic Specially Insurance Company
6180 Federal Court 605 Highway 169 North.Suite 800
Fort Myers, FL 33905 Plymouth,Minnesota 55441
OWNER
(':Name, legal status and address)
Monroe County B.O.C.C. This document has important legal
consequences. Consultation with an attorney
1100 Simonton Street is encouraged with respect to its completion
Key West Florida 33040 or modification.
CONSTRUCTION CONTRACT Any singular reference to Contract, Surety,
Owner or other party shall be considered
Date: May 11 th, 2022 plural where applicable.
Amount ($2,677,400.00
AIA Document A312-2010 combines two
RFP-406-0-2022 separate bonds, a Performance Bond and a
Payment Bond, into one form. This is not a
single combined Performance and Payment
Description Bond.
(Name and location):
West Martello Seawall
Hurricane Repairs
Key West, FL
BOND
Date(Not earlier than Construction Contract Date): May 11 th,2022
Amount Two Million Six Hundred Seventy Seven Thousand Four Hundred Dollars and 00 Cents
($2,677,400.00 )
Modifications to this Bond: ❑� None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Earth Tech Enterprises, In Atlantic Specialty Insurance Company
' >�N�a�r�-ae
�68Federal Court 605 Highway 169 N, Suite 800yers, FL 33905 Ply!are!
, MinnesSign&Title: Christophe eh ng, President Namtle: S ith, ttomey`in Fact
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party):
Smith Insurance&Bonds
5260 Summerlin Commons Way Suite 302
Fort Myers, FL 33907
The language in this document confirms exactly to the language used in AIA Document A 312—Payment Bond—2010 edition.
Doc.#2376009 Page Number: 3 of 10
§ 1 The Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract,which is Incorporated herein by reference, subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the owner from claims,demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the
Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in
Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor, materials or equipment furnished for use in the performance of the Construction
Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's
expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants,who do not have a direct contract with the contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were, or equipment was,
furnished or supplied or for whom the labor was done or performed,within ninety(90)days after
having last performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§ 5.2 Claimants,who are employed by or have a direct contract with the Contractor, have sent a Claim to the
surety(at the address described in Section 13).
§6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient
to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to
undisputed amounts for which the Surety and Claimant have reached agreement. If, however,the Surety fails to
discharge its obligations under Section 7.1 or Section 7.2,the surety shall indemnify the Claimant for the
reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the
Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable
attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made
in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond.
The language in this document confirms exactly to the language used in AIA Document A 312—Payment Bond—2010 edition.
Doc.#2376009 Page Number: 4 of 10
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor
a
in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of
any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on
behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contractor
to related subcontracts, purchase orders and other obligations.
§ 12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2
or 5.2, or(2)on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract,whichever of(1) or(2)first occurs. If the provisions of this
Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address
shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and provisions confirming to such statutory or other legal
requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 DEFINITIONS
§ 16.1 Claim. A written statement by the claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
fumished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as of the
date of the Claim.
The language in this document confirms exactly to the language used in AIA Document A 312—Payment Bond—2010 edition.
Doc.#2376009 Page Number: 5 of 10
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this
Bond shall be to include without limitation in the terms"labor, materials or equipment" that part of water, gas power
light, heat, oil, gasoline,telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,
and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or
equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
§ 16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond areas follows:
(Space is provided below for additional signatures of added panties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
na na
Signature: Signature:
Name&Title: Name&Title:
Address: Address:
The language in this document confirms exactly to the language used in AIA Document A 312—Payment Bond—2010 edition.
Doc.#2376009 Page Number: 6 of 10
ATLANTIC SPECIALTY INSURANCE COMPANY
One Towne Square, Suite 1470
GUARANTEE Southfield, Michi0gan 48076
4
Phone: 248-281-0281 Fax: 248-750-0431
an Cuatact company wvvw.theguarantee.com
Bond Number. 800099134 PERFORMANCE BOND
CONTRACTOR SURETY
(Nance,legal status and address) (Name,legal status and principal place of business)
Earth Tech Enterprises, Inc Artae,r�• �, , rnsurancc Conigany
6180 Federal Court 605 fliphway 169 Noah St,ite soo
Fort Myers, FL 33905 Plymouth_Minnesota 55441
OWNER
(Name,Legal Status and address) This document has important legal
Monooe County B.O.C.0 consequences. Consultation with an attorney
1100 Simonton Street is encouraged with respect to its completion
or modification.
Key-West, Florida 33040
Any singular reference to Contract, Surety,
CONSTRUCTION CONTRACT Owner or other party shall be considered
Date: Monroe County BOGG plural where applicable.
Amount: ($ May 11 th, 2022 AIA Document A312-2010 combines two
RFP-406-0-2022 separate bonds,a Performance Bond and a
Payment Bond, into one form. This is not a
single combined Performance and Payment
Bond.
Description (Name and Location):
West Martello Seawall
Hurricane Repairs
Key West, FL
BOND
Date(Not earlier than Construction Contract Date): May 11 th,2022
Amount Two Million Six Hundred Seventy Seven Thousand Four Hundred Dollars and 00 Cents
($2,677,400.00 )
Modifications to this Bond: 0 None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Earth Tech Enterprlses, Inc Atlantic Specialty Insurance Compa
77
6180 Federal Court 605 Highway 169 N,Suite 80 .
Fort Myers, FL 33905 Plymouth, Mi of .
Signature: Signature:
Name&Title: Christophgdehring, President Name&Ti ew T S ' ,Attorney in Fact ,* .
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE
(Architect, Engineer or other party):
Smith Insurance &Bonds
5260 Summerlin Commons Way Suite 302
Fort Myers, FL 33907
The language in this document conforms exactly to the language used in AIA Document A312-Performance Bond—2010 edition.
Doc.#2376009 Page Number: 7 of 10
§ 1 The Contractor and the Surety,Jointly and severally, bind themselves,their heirs, executors, administrators,
successors and assigns to the Owner for the perforrnance of the Construction Contract,which is incorporated
herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation
under this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall
arise after:
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a
conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If
the Owner does not request a conference,the Surety may,within five (5) business days after
receipt of the Owner's notice, request such a conference. If the Surety timely requests a
conference,the Owner shall attend. Unless the Owner agrees otherwise, any conference
requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt
of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract, but such an agreement shall not
waive the Owner's right, if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the
Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction
Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a
failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,
except to the extent the surety demonstrates actual prejudice.
§5 When the owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
§5.1 Arrange for the Contractor, with the consent of the Owner,to perform and complete the Construction
Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by
the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by
the Owner as a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete,arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation,determine the amount for which it maybe liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner;or
The language in this document conforms exactly to the language used in AIA Document A312-Performance Bond—2010 edition.
Doc.#2376009 Page Number: 8 of 10
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the surety shall be
deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the
Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to
enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner
refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
§7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract:
.2 additional legal,design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this
Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to
the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the
Owner or its heirs, executors, administrators,successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or
to related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond maybe instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a
declaration of Contractor Default or within two years after the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the
page on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 14 DEFINITIONS
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any
The language in this document conforms exactly to the language used in ALA Document A312-Performance Bond—2010 edition.
Doc.#2376009 Page Number: 9 of 10
amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which
the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under
the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover
page, including all Contract Documents and changes made to the agreement and the contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or
otherwise to comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and the
Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond areas follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
na na
Signature: Signature:
Name &Title: Name &Title:
Address Address
The language in this document conforms exactly to the language used in AIA Document A312-Performance Bond—2010 edition.
I
Doc.#2376009 Page Number: 10 of 10
[intact
INSURANCE Power of Attorney
KNOW ALL MEN BY I'llESE PRUNEXI[NI that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth.
Mimw,Iout,does,hereby coosstitute and appoint: Matthew T.Smlth,Heather Paruta,Jessica Martin,each Individually If there be more than one named,its true and lawful
Arturney-in-F.wt,in ostler,execute,seal and tit-liver,for and on IN behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in
the nature dmvot litmovitIM that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of such bonds,
1VC0jM, k:AMVS,MitraCts of todenuntV_and all other writings obligatory in the nature thereof In pursuance of these presents,shall be as binding upon said Company as If they had
hem fully signed by An authorized offit.,vt of the Company and sealed with the Company seal. This Power of Attorney Is made and executed by authority of the following
re-sOutioni adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and
all bocKK recognizances,contracts of indemnity,and all other writings obligatory In the nature thereof,and affix the seal of the Company thereto;and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such Instruments and to affix the Company
seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact
Resolved: That the Attorney-In-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
LNSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved- That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by
facsimile to any power of attomey or to any certificate relating thereto appointing an Attomey-la-Fact for purposes only of executing and sealing any bond,
undertaking,recognizance or other written obligation in the nature thereof,and any such signature and sea)where so used,being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April,2020.
%
IS,f
So, SEAL rn I
110
.0,
gam..— 1986 ' By L
!�r -t- -t o-'§
STATE OF MINNESOTA r. +FW yol-I* b l Paul J.Brehm,Senior Vice President
HENNEPIN COUNTY
On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me
personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same,and being by me
duly sworn,that he is the said officer of the Company aforesaid,and that the sea]affixed to the preceding instrument is the seal of said Company and that the said seal and the
signmre as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ESALISON DWAN NASH-TROUT
NOTARY PUBLIC-MINNESOTA
My Commission Expires
January 31,2026 Notary Public
Pq
ALISO 'D]TA
AOTAR My C, r's
J1
L the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full
force and has not been revoked,and the resolutions sesforth above are now in force.
Signed and sealed- Dated :0,day o Z4_Z2
1986
r
This Power of Attorney expires W y0i, b
January 31,2025
Kara Barrow,Secretary
Please direct bond verifications to surery naintactinsprdncts=