20080229 Ver 2_Mitigation Info_20090408

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MAINTENANCE BOND
Bond No. 5035455
KNOW ALL MEN BY THESE PRESENTS:
That Mid-Atlantic Mitigation, LLC, 1960 Derita Road, Concord, NC 28027, as Principal, hereinafter called
Contractor, and Bond Safeguard Insurance Company as
Surety, hereinafter called Surety, are held and firmly bound unto North Carolina Department of
Environment and Natural Resources, 1650 Mail Service Center, Wetland/401 Unit Raleigh NC 27699-
1650, as Obligee, hereinafter called Owner, in the penal sum of One Hundred Seventy Five Thousand
and 00/100 Dollars ($175,000), 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 within a period of 5
years from the date of substantial completion 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 8th day of April, 2009
In the presence of:
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Mid-Atlantic Mitigation, LLC
Principal (Seal)
':7i] By:
Title
Bond Safeguard Insurance Company
Surety _
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By: Z? -14A .:,
Dawn L. Morgan, Attorney-I act ?a
, . ,.,
POWER OF ATTORNEY
Ao 62780
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: James 1. Moore, Bonnie Kruse, Stephen T. KaZmer,Dawn L. Morgan, Peggy Faust,
Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt,Joel E. Speckman, Heather A. Beck, Tariese M. Pisciotto************************•'***********
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be
revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and 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.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
°o `OINSU, BOND SAFEGUARD INSURANCE COMPANY
OIS
T O ILLININSURANCE V
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COMPANY 2
e BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws
of said corporation.
I
"OFFICIAL SEAL"
MAUREEN K. AYE IkAaureen K. Aye
Notary Public, State of Illinois 'Notary Public
My Commission Expires 09/21/09
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 8th Day of April 2009
?? INSU\
AN
ILLINOIS
INSURANCE
COMPANY ?
h%r 4'"
Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance
or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Bsi
State of Illinois}
} ss.i
County of Dupage
On April 8, 2009, before me, Tariese M. Pisciotto, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
Dawn L. Morgan known to me to be Attorney-in-Fact of
Bond Safeguard Insurance Company the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
Commission
!'L'(l?ivi(4S?hiSIt.J1"l;i7?"Ip (•,??(1L1??6nfS
ese M. Pisciotto, Gary Public ; .:..
Commission No. 560807