Performance Bond 4-22-13 to 4-22-14 PERFORMANCE BOND - -- . • Travelers Casualty and Surety Company of America .
Annual Form One Tower Square, Hartford, CT 06183
Bond No. 105906085
KNOW ALL BY THESE PRESENTS, That we Florida Public Utilities Company, as Principal, and Travelers Casualty
and Surety Company of America, of Hartford, Connecticut, authorized to do business in the State of Florida, as
Surety, are held and firmly bound unto City of Okeechobee, Florida, as Obligee, in the maximum penal sum of Twenty-
five Thousand -00/100 Dollars ($25,000.00), lawful money of the United States of America, for which payment
well and truly to be made we bind ourselves, our heirs, executors and assigns,jointly and severally, firmly by this Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in
accordance with the terms and conditions of the Upgrade to the City's Gas Distribution System, (hereinafter referred to
as the Contract), said Contract is hereby referred to and made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns,
shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void;
otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
4/22/2013 to 4/22/2014. The Bond may be extended, at the sole option of the Surety, by continuation certificate
for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision not to issue a
continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in
the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending 4/22/2014. Regardless of the number of years this Bond is in
force or the number of continuation certificates issued, this Bond shall not be extended beyond 4/22/2014, unless
earlier nonrenewed pursuant to paragraph 1 above.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety
on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one
year from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the
liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the
amount set forth above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the
Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date
of this Bond.
Surety Address: Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Attn: Bond Claim
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond
and as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 22nd day of April, 2013.
FLORDIAPUBLIC UTTILITIIES COMPANY
I
By: f 1 �),1 ' 6
rincipal
Travelers Casu. and Surety Company of America
BY 1 . ' . 0 ' ._'.. ' k,n
Wendy Lee , ins, Attorney-in-Fact
S-5025d(06-06)
WARNING:THIS POWER OF ATTr)RNEYY IS INVALID WITHOUT THE RED BORDER
POWER OF�ATTORNEY
TRAVELERSJ� 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. 224998 Certificate No. 0 0 4 8 3 2 8 0 2
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,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
Christopher F. Mulvaney,Wendy Lee Wadkins,Mark V. Niemeyer,Jane L.Cole,Lawrence E.Dlugos, and Vicki Johnston
of the City of Radnor , State of Pennsylvania ,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.
25th
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to he hereto affixed,this
day of April 2012
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
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State of Connecticut By: -
City of Hartford ss. Georg Thompson, `enior ice President
On this the 25th day of April 2012 , before me personally appeared George W. Thompson, 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.
to.Terokrz
In Witness Whereof,I hereunto set my hand and official seal. ■TAI? w" C
My Commission expires the 30th day of June,2016. R AUBUG Zr W Marie C.Tetreault,Notary Public
58440-6-11 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEYS INVF'y.ID 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 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.
1,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 22nd day of April ,L013
Kevin E.Hughes,Assistant Sec tary
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To verify the authenticity of this Power of Attorney,call l-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:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER