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Home My WebLink About20140334 Ver 1_Candy Creek Performance Bond_20160329PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No. 106287520 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Engineering, Inc., Raleigh, 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 Environment and Natural Resources — Division of Mitigation Services (Obligee), in the penal sum of Five Million Five Hundred Thirty Three Thousand Two Hundred Forty Eight & no/100-Dollars ($5,533,248.00), 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 Agreement with the above named Obligee, effective the 1st day of March, 2014, for Candy Creek Site — Contract No. 5794 — Stream Mitigation within Cataloging Unit 03030002 of the Cape Fear River Basin and more fully described in said Agreement, a copy of which is attached, which Agreement is 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 Contract, 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 Agreement, this bond will commence on the date of approval of the Candy Creek Site Mitigation Plan and will terminate upon approval of Task 6 by the North Carolina Department of Environment and Natural Resources, 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 16th day of September, 2015 Witn Witness Agreed and acknowledged this QI S-5025 (08-99) day of , 2015 WI LANDS ENGINEERING INC. Z4�_-p VV2'��— Principal Obligee I:« Phoebe C. Honeycutt, BB 4309 E Am tton ey-in-F act insurance Services aeror Blvd Suite 300 Durham, NC 27709 THIS IS INVALID WITHOUT THE .A POWER OF ATTORNEY AVELERS J 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. 229646 Certificate No. 006212173 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 Angela B. Britt, Richard V. Haar Jr., Phoebe C. Honeycutt. Kenneth J. Peeples, Heather Burroughs, Neil B. Biller, Bobbi D. Pendleton, Christopher A. Lydick, Julia C. McElligott, and Adrienne Pettigrew of the City of Durham State of North Carolina , their true and lawful Attomey(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 WITN WHEREOF, the Comp 915 rties have caused this instrument to be signed and their.corporate seals to be hereto affixed, this day of July , GU 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 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ....... .6 ��W RSG +'� I�NSUA P\,1VA Q Mw.uM�m ,= 1982 0 1977 :. _ ...��.m i:u:0°RPOR4TFTs a ! ti iRc 4N49TFOFlt1, �d�a �' 1951 = J:SEgI ip; �: CDNN.CCNN. Jq N 9896 ,(� a..........% c°gff- ��'•. lM.� A� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President 8th On this the day of July 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. et* In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Attomeys-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 iT b 1c, 20 Gf Kevin E. Hughes, Assistant SecT tary MgUq"".% ,P TY ANO .�*g65UAFry �}TYA� 1 4pPOgT� L V �,Oa� G (Fa;Y •4,I"L eQr.'........, ,y �r'JP ........... qy'a 9 �L lA C t�� 0 1982 O � •1977 IMCCMMPORATED� z �i ,� f:�f #Iui40p?URgTf i�"� � 3�a c� ��ioteG (7 €y �, n 4 c HAHtPoRO, 141RiFOR0. 5 �� i r � '� 1951 � = � �'• S E N L o" � ' • ° 'Y CONN. COVM f y 'o. 1896 ,�, �y ,.a .i 1• °",4,1;1"im` 1Npx.�' fs •�''� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contac above-named individuals and the details of the bond to which the power is attached. POWER OF ATTORNEY