20080229 Ver 2_More Info Received (Bond)_20110504

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1MAYf?0 4 2011
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DENR - "WATER QUAL
Environmental Banc & Exchange 1_wedeffICS a
Capital • Experience • Expertise
10055 Red Run Boulevard
Suite 130
Owings Mills, MD 21117
p 410.356.5159
p 888.781.7075
May 3, 2011 f 410.356.5822
909 Capability Drive
Suite 3100

Mrs. Amy Chapman Raleigh, NC 27606

NCDENR - Division of Water Quality p 919.829.9909
f 919.829.9913
1650 Mail Service Center
Raleigh, NC 27699-1650 604 Greene Street
Suite 100

Subject: Forrest Creek
Camden, 29020
C
p 803.432.4 .4890
Financial Assurance f 410.356.5822
Neuse River Basin - Cataloging Unit 030202001

Orange County www.ebxusa.com
Dear Mrs. Chapman:
Attached for your review is an updated bond in the amount of $70,000 dated
April 11, 2011 for Forrest Creek.
If you have any questions or require any additional information, please call me at
[phone]. Thank you for your time and consideration.
Sincerely,
/9??
Norton Webster
Project Manager
MAINTENANCE BOND
BOND N0.1000899309
KNOW ALL MEN BY THESE PRESENTS:
THAT EBX-EM, LLC as Principal, hereinafter called
Contractor, and UNITED STATES SURETY COMPANY, 20 W. Aylesbury Road, Timonium, MD 21094.5605 , as
Surety, hereinafter called Surety, are held and firmly bound unto NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES, 1650 Mail Service Center Wetland 1401 Unit, Raleigh, NC 27699-1650
as Obligee, hereinafter called Owner, in the penal sum of SEVENTY THOUSAND AND 001100...........
.................................................................. ($70,000.00) , for payment whereof Contractor and Surety
bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor has constructed: FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
In accordance, with the General Conditions, the Drawings and Specifications, which Plans are by reference
Incorporated herein including the FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
Instrument, and made a part hereof, and is referred to as the Plans.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due
to faulty materials or workmanship, and pay for any damage to other work resulting there from or fails to
perform annual monitoring reports acceptable to Obligee, which shall appear during the remaining two
years of monitoring of the work provided for in the Plans, then this obligation to be void; otherwise to remain
in full force and effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with
reasonable promptness.
SIGNED and sealed the 11TH day of APRIL
In the presence of:
Goo
2011
EBX-EM, LLC
Princ' I (Seal)
By: `-?
Title
UNITED STATE UR TY COMPANY
Surety
By:
icha er, mey in Fact
1000899309 $70,000 FORREST CR.max
POWER OF ATTORNEY
,AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies"), do by these presents make, constitute and appoint:
Michael H. Shaver, Janet A. Lari, Jon C. Capan
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and `consents of surety, providing the bond
penalty does not exceed *******Unlimited******* Dollars ($ ***unlimited*** _).
This Power of Attorney shall expire without further action on September 27, 2013. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
4th day of January, 2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
??gptTOkr
Corporate Seals Ti
_ nimmin =» nSEALBy: Daniel P. Aguilar, Vice Pr sdent
State of California
County of Los Angeles SS:
On this 4th day of January, 2011, before me, Jennifer Ceron, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ?JENNIFER CERON
`Commission i 1866484
Signature (Seal) Notary Public • California
0 1/ Los Angeles County
QM1 Comm. Expires Sep 21.2013
I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,
executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in
the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 11th day
of April 2011 .
Corporate Seals egi tPA
"s 0 T
Bond No. 1000899309 SEALJeannie J. Kim, Assistant Secretary
Agency No. 12103 +??'?%