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Home My WebLink About20160130 Ver 1_North Fork Construction Bond_20160525PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No. 106405076 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings II, LLC, Charlotte, NC as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of, North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environmental Quality — Division of Water Resources (Obligee), in the penal sum of One Hundred Fifty Thousand & no/100 Dollars ($ 150,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreements with the above named Obligee, effective the 16 day of April, 2016, for North Fork Little River Mitigation Banking Instrument and the North Fork Little River Bank Parcel Development Package and more fully described in said Agreements, a copy of which is attached, which Agreements are made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Agreements, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Agreements, this bond will commence on the date of approval of the North Fork Little River Nutrient and Buffer Mitigation Bank Parcel Development Package and will terminate upon approval of As - Built Report by the North Carolina Department of Environmental Quality, but may be extended by the Surety at its sole option by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all Continuation Certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 16 day of May, 2016. �,�,�l.✓ �%moi WitnessUA �L LLL--�- Witness Agreed and acknowledged this 74, day of d_, 2016 Obligee S-5025 (08-99) WILINLANDS HOLDINGS II LLC Principa Travelers Casualty and Surety Company of America Julia C. McElligott, Att ney-in-Fact BUT Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 ,� POWER OF ATTORNEY TRAVELERSI' Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229108 Certificate No. 006285855 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Angola B. Britt, Richard V. Haar Jr., Phoebe C. Honeycutt, Kenneth J. Peeples, Heather Burroughs, Neil B. Biller, Bobbi D. Pendleton, Christopher A. Lydick, Julia McElligott, and Jasmine Kinslow of the City of Durham , State of North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the- fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 3rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Cbmpzny I,SU ��y�4tREwo r -•"-r yu�e�AvnW c ,� �^L' a'tlra *N IN,p � INSU-•'u, P 1Y ANO ,�" sun WitrA:� .t � r pP•oA J� ,ykc Q\, � .....:Gq JP.........'P9 * 9V � s ,��... F>Y� �p S � (t �.RNTEb m I W FOO Tf m i Z 1 9 8 2 O 1977 �" i 7 S: --- m HARTFOND, s 5!•! H4Fi1F0 ;S a 0' SEAL CONN. n�CCNN. R N tS9S 9 a ?r, o •' o•. AI.;.So: S8AL,iD b� N� � � x'92 p ` �� a`'•......� = D � o.•.. : � a s a �Y • ^•'' � 1 ,�(� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 3rd day of March 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016.pLBUG �t Marie C. Tetreault, Notary Public HiVEC�'$ 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this `" day of 20 Kevin E. Hughes, Assistant Sec tary ��PoRATFD z� ar ••• m wrap f`; . 1 D gg 1977 -- 1 �d:.SBAL;'i° min.inre fw�..nAN� Yg ....... �� bj ANS � ♦�� "/I Ati�" To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: TH res -0 Q) Ln H LM a r -i H r� LM It 0) C) r -q "i r -i tv u C) C) v-4 r -I u (z ev mrl_mmH 00 r-4 H (N -0 za -0 '� 4 en 0 r-4 0 0 C) r --f r --f N (d rd m ro en tD IN tD 0 0 0 H r -i N