HomeMy WebLinkAboutFirst Baptist Church of Winter Springs Binding Development Agreement -2002 02 07
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
Parcel 1.0. No.
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Development Agreement"), made and executed this day of ,2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the "City"), whose address is 1126 East State Road 434, Win~..~.!Jrings,
-:s:r--c..
Florida, 32708, and FIRST BAPTIST CHURCH OF WINTER SPRINGS, a Florida Non
Profit Corporation, whose address is 50 Moss Road, Winter Springs, Florida 32708 (herein
referred to as the "Church").
WITNESSETH:
WHEREAS'j-ChtJrch'is'currentlyconstructing.a-multi.phase.projectwithin.the. City.... -.- -.-.
of Winter Springs located on State Road 434; and
WHEREAS, the City has issued nUry1erous development approvals for the project,
. including approval of Final Engineering Plans, dated January 16, 2001, ("Engineering
Plans") and a temporary certificate of occupancy for Phase I of the project; and
.
WHEREAS, certain development requirements for the entire project are still
outstanding before a permanent certificate of occupancy can be granted by the City for
Phase I and other phases of the project; and -,
WHEREAS, City and Church desire to memoralize in writing these outstanding
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requirements to ensure the orderly issuance of certificates of occupancy for the project.
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1, Recitals. The foregoing recitals are hereby incorporated herein by this
reference,
2, Authority . This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter
Springs.
3, Property, The real property subject to this Development Agreement is
legally described on the attached Exhibit "A", which is hereby fully incorporated herein by
this reference ("Subject Property").
4, Representations of First Baptist Church. The Church hereby represents
and warrants to City that the Church has the power and authority to bind the Subject
Property and execute, deliver and perform the terms and provisions of this Development
Agreement, have an equitable or legal interest in the title to the Subject Property,. ~n~ _h_~v~ ... . ...... __ _ ... _.
taken all necessary action to authorize the execution, delivery and performance of this
Development Agreement.
5, Outstanding Development Requirements. In addition to the development
requirements necessary to complete ea'ch phase of the project set forth on the Engineering
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Plans, the following general development requirements contained on the Engineering
Plans shall be completed, and certificates of occupancy shall be issued, as follows:
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A. Southern Wall.' Prior to clearing the southern 200 feet of the. pr(~'pert.Y
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or development of Building 5A depicted on the Engineering Plans, the wall required
along the 377.99 foot southern boundary of the Subject Property shall be
completed. It is the intent of this paragraph that the rear of the Subject Property
shall remain in its natural state until such time that Building 5A is constructed.
B. Sidewalks. Prior to the completion of Phase III development depicted
on the Engineering Plans, a concrete sidewalk, five (5) feet in width, shall be
constructed from State Road 434 to the church building located on the Subject
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Property. The sidewalk shall be located on one side of the entryway road.
C. Curbing. Concrete curbing for Phases I, II and III depicted on the
Engineering Plans shall be constructed for the parking lot and driveways, as perthe
Engineering Plans and Section 20-467(c) of the City Code, prior to the completion
of Phase III.
D. Landscaping. Pursuant to the Landscaping Plan approved by the
City Commission on May 14, 2001, and in accordance with City Code, landscaping
for Phase I depicted on-tl:le.Enginee[ing_Plans.shaILb.tLc9roQl53teg_JJ9J~.t~rJJJ_~_n._ . -- ____.
October 28, 2002. City approved landscaping for all other phases depicted on the
Engineering Plans shall be completed as each phase is completed.
E. Certificates of Occupancv. The permanent certificate of occupancy
for Phase I depicted on the Engineering Plans shall be issued at such time the
punch list is fully completed, A copy of the punch list is attached hereto as Exhibit
liB" and is hereby fully incorporated herein by.this reference. Church agrees to
complete the punchlistby February 15, 2002. All other permanent certificates of
occupancy shall be issued on a phase basis upon the completion of each phase.
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F. Monument Sian. A monument sign consisting of thirty two (32)
square feet each side, may be located on Florida Department of Transportation
Rights of Way, provided a copy of a lease agreement is provided to the City and
provided the monument sign is located as shown on Exhibit "C" attached.
6, Successors and Assians. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
parties,
7. Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
8. Amendments. This Development Agreement- shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs.
9. Entire Aareement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof. . ------ - .-.... -----.
10. Severabilitv. If any provision of this Development Agreement shall be held
to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall not affect in any respect the validity or enforceability of the remainder of this
Development Agreement. .
11. Effective Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development
'.
Agreement by all parties.
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12. Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land. A Notice of Termination shall be
recorded in the public records of Seminole County if this Agreement is terminated by the
parties.
13. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm's length, Church is an independent
contractor and is not the agent of the City for any purpose. Nothing herein shall be
deemed to create a partnership, or joint venture, or principal-agent relationship among the
parties, and no party is authorized to, nor shall any party act toward third persons or the
public in any manner which would indicate any such relationship with any other party,
14. Sovereiqn Immunity. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida_ St.atLJte.s" or any other limit.atlot:' on the City's potential liability under state
or federal law,
15, City's Police Power. Church acknowledges and agree that the City hereby
reserves all police powers granted to the City by law. In no way shall this Development
Agreement be construed as the City bargaining away or surrendering its police powers,
16. Interpretation. The parties to this Development Agreement acknowledge
and agree that all parties have participated equally in the drafting of this Development
-,
Agreement, and no party shall be favored or disfavored regarding interpretation of this
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Development Agreement in the event of a dispute between the parties.
17, Permits. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
relieve the Church or the City of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction,
18. Third Party Rights. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any
third party.
19, Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity,
20. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the parties shall bear their own attorney's fees and costs
through all appeals.
21. Future Rezoninqs/Development Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
development permit applications or requests, or the, right of the Church to apply for or
oppose any future rezoning or development permit application subsequent to the Effective
Date of this Development Agreement. In addition, nothing herein shall be construed as
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granting or creating a vested property right or interest in the Church or on the Subject
Property,
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22. Notices, All notices and correspondence shall be sent or delivered by
registered or certified mail to the parties hereto, return receipt requested, with copies
forwarded to their respective attorneys, at the addresses set forth below or at such other
addresses as the parties hereto shall designate to each other in writing:
(i) if to City: Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
with copies to: Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P,A.
Post Office Box 2873
Orlando, Florida 32802-2873
Telephone: 407-426-9566
Facsimile: 407-425-9596
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(ii) If to Church:
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Any notice or demand so given, delivered or made by United States Mail shall be
deemed so given, delivered or made three (3) days after the same is deposited in the
United State mail registered or certified, return receipt requested, addressed as above
provided, with postage thereon prepaid. Any such notice, demand or document not given,
delivered or made by registered or certified mail as aforesaid shall be deemed to be given,
delivered or made upon receipt of the same by the party to whom the same is to be given,
delivered or made. '.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement
as of the date first written above.
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ATTEST: CITY OF WINTER SPRING,S"a Florida
Municipal Corp6r~ti.bn; , ' , , , ' .
.' . . . .' ". ~ ',: )
f(~:W'11/l ~ ' .
By: ~-
. ENZO-LUACES RONALD ~. ~~c,L~ORE . . , ,
City Manage,r '.,. ", i I
,
.1
~s~ FIRST BA~T CHURCH OF WINTER
SPRING~' lorida Non Profit Corporation
~-..-( ~2;~~
?1IL/J-llfi~
By: J()H/J r /3ur IJ
Print Name
61uRCI/ /JlJpfIAJ/)"},l,<1)vfl,
Title '
Date:
STATE OF FLORIDA
COUNTY OF ~AfuA~_
. The foregoing instrument was acknowledged before me this 1<f<'< day Of~
2002, by ~ ~ ~ ~ " , as du..w2h 6\ai)'u~oi FIRST BAPTI
CHURCH OF INTER SPRING8;a Florida Non Profit Corporation, H'Wflo is personally
known to me, or [ ] who has produced as
identification.
r"" -""'LG...... ~ ~~
*W* My CommlNlon ccnoaoe ~
..../ ......._2l._ OTARY PUBLIC, State~a
My commission' expires: dJ I~
(SEAL)
Page 8 of 8
EXHIBIT "A"
SUBJECT PROPERTY
tz~~K~.~1s~.:'.#,~ON.:>"~:::~~:;;~~'>"'~'.", .' .~:..>. ." :.'~~: ':""::-'..~::-.'. . ". <~'<~:'. . .' ~: ..<~~k~~
&~~6t.?:r~-sf:i6CK,:D.~D'.'R'.,: ~lITCHELL'S SURVEY OF' THE: 'LEvY.' GRANT, ACCORDI.'<G TO .THE":-PLi\T:
~'2-~~Of:'A$';~j~ECOROED IN' PLAT _BOOK'1, PAGE. 5 ~OF::THE.. PUBCIC RECORDS OF SEMINOL,E
F;j:~C9U~~-;.~~RID~...:LE'?S.",!~E:.: EAS 11 C).28.S FEE'\:;:A~O-/\~.~?:..LE~S R,I~HT OF WAY rO~. ST~T.E
';=:-j.~:!RO%~M,.~!7"!.o::;.,.:::"'.."~::~;:-:"<' .' ,,,;., :....'...;. ..~"_..,~: :':, . ":'.:. ,... <::." .......
ri.~~wcc.~~+.wlJ1:f..-~'ff-....,. , '" . ._., '~....,.. './..,..
~~~:tr~~$;;.~~D:.-:i7.{ENTZMINGER FARM~, AODITI0~'~N.b.::'~2.:::'ACCOR6ING TO_ THE PLAT f~EREOF
:;...pA$:.:..RECOROED rN .~'PLAT BOOK 5, PAGt. 9. OF .THE .-P.l:J8UC..;.RECOROS '01" SEMINOLE :COUN1Y '
~$.S:'Q-~lD&~~\':c;ESS'.E'XISTIl.'lG'. RlpHT OF WAYS AND ALS:O;.-L.ESS'THOSE LANDS TAKEN S/ D:O.T:"
~~"RETE-NitON':'~AREAS AS PER' O.O.T. STATE ROAD.. NO;':' 43.4 . RIGHT OF WAY MAP. SECTION
~::::.~ 7.7680~}'1O.: PAGES' 1 0 AND . 1 I .' . .' ,'. .: . . " ;"'; , . "
~~~~~i'i~~;it1'cJ'0i~~~~~AgbRN'R OF, S~4i6N}i;:~6wNs;;rp 20 SOUTH, RkGt 3<)~
:.:t'~~EA~.":?~I~qLE '~COUN1Y.~'FLORIDA. ,RUN N ~OO~:~,"':'ooT -w :ALONC, THE _WEST LINE ';~F.:\$AIO
:~~t~:Sf:G.Wt':t-it~5/"A;7c:nSTANCE_~OF ., 024,43. FEg-;.;:Tf:;ENCE.."N66-.29'00 "E 1 1 1 6.J,Q" FEET.'
::r:-'=-:TH.ENC~$::-""2S3"'OO~' E 100.00 FEET, THEf{CE,_ N 66.'2S'OOt. E 535.30' FEET FO :THE
:~~:L'="'WE:st.~ ttN"t~!OF"": LOT :27.." EN'TZMINGER FARMS 'ADDiTION:::NO_:. 2. 'AS RECORDED: IN pLA,:i. 'SOOK
:-;":'::';5'~;-?A.G'E..-:::"g','OF .THE ,:PU8L1C RECORDS .OF -SEMINOLE COUNTY. FLORIDA, Tl-iENCE
.~~)3~'!:S'::'Oz.;t~:OO" ,E. ALONG SAID WEST LINE :30d,OO~FEET. THENCE N 82'09;02" E
.::.~~:r'2'9'9.:~~9"6' =F"EETTO THE W=:ST LINE' "OF" -.LOT 26. ENTZMINCER~ARMS
\'~~~ADDIT!bN:N'O. 2.' THENCE N OTS4'OO"w ALONG SAID 'WEST. LINE 289.01 Fi::ET, FOR THE~:.PO'NT
..:. OF..8EC(~"NINC. THENCE :-: 07'5~'00" W 99.sa FEET. THENCE::N'i'66'29'OO'.E 87.18 FEET, THENCE S 24'2+.'05' E
. .::..15.0D~FEET TO S POINT ON A CUR'IE CClNCA'';:: SOUTHERLy'.HAV1NG A RADIUS OF 2176.83 FEET. THENCE RUN;
.' --:. NORTHEASTERLY. ALONG THE ARC OF" SAID CURvE'1.93,32, FEET THROUGH A CENTRAL ANC'LE OF;
'~-oS',lS'r8"'TO A POINT; T.HENCE RUN N 56-.3]'18".E is.8S'FEET TO A POINT ON A CURVE:CONCAVE
. COVn-iERLY. -HAVlNG A RADIUS OF 2175.83 FEET, TI-iENCERUN NORTHEASTERLY ALONG THE ARC OF SAID
'": CUR\IE...9'8:62 FEET THROUCH A CENr.c~AL ANGLE OF 02~35'04" TO A 'POINT. THENCE RUN SS8'18'or w
'49.40':.:F"EET, THENCE RUN S 56-51'15" W 34.81' TO., A POINT" ,ON A CURVE CONCAVE SOUTHERLY
:. HAVING A 'RAJUS OF 2176..83 FEET, THENCE RUN NORTHEASTERLY;AlONC THE'ARC OF SAID CURVE;201.0:r
....'.TQ.A.POIN.T;."THENCE RUN'S 07'4,3'sa" E 7~3.94. FEET: 'Tf:IENCE,RUN S' 83"04'32" W 377,99'; THENCE RUN
''-~:N',Or.4'6'S{-','w 25.00 FEET: THENCE RUN S 33"01'40- W.12.50FEET;'THENCE RUN N 07'46'51'"W 181.38
.FEET: :THENCE RUN N c2'02"8" W 155.21 FEET TO A POINT ON A CURVE CONCAVE NORTHE.ASTE~LY'HA'I!NC
A RAJU$ 'OF 383.00 FES, THENCE RUN NORTHwESTERLY ALONG THE MC OF SAID CURi/E 2G8.30 FEO
THROUGH A CENTRAL A,~GLE OF .3,'14.'11- TO A POINT; THENCE RUN:'N 30'48'07- '1/ 55.23 r"EEI TO:THE
POINT ".Or' ,BEGINNiNG. LESS THE 25 ;00T ,olCHT OF WAY..: . .
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.' FLOOD" 'i~iF.ORMATlON: PROE>E;RTr' ADDRESS: .:~
y:::~:)=.l:9.0.D ':ZONE X/Af.. STATE~ROAn:4.34'~VACANT "~':<
. ;.' :.:COMM_~/:olI.l71:':NO. 1211 TCO USE W1NTER~ S'P.R!~c;S:'f~ORIDA '.' '.
:'/.:; PANEL, NO.>,~'_' 120289 ." .:" '.' ..:. .(.: "
: '.~''- SUrF.IX:;.'... "'~ - 0 1 35 ,"' ; '. '. ,.._.'
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;D~~E';'''-9.F i'~IRM 4/17 /95- ....,.~ ';{~~.t", ~
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: DA TE-:' OF SURV d P j? 3/96 " ,::, " . '.: :;"':",;;_
-. SURVt:Y. NO.; - - -12291 CERTIFIED ,TO'; .' -.f~-::~ ,.'
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"":~, ... ~.-:: FiRST,'BAPTIST CHURCH. OF:.WINT~.~ SPRiNCS.::i;.:::':
,-~ . .-, - ',: 't:~Z" '
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Air..Pak
PRODUCTS & SERVICES, INC. i
January 11, 2002
MEETING WlTH ZYNKA PEREZ~ ENGINEERING INSPECTOR I
BAPTIST CHURCH OF WINTER SPRINGS
PERMANENT C of 0 ISSUES THAT AIR-PAK WILL REMEDY IMMEDIATELY:
1, Present City full and complete FOOT written acceptance of Hwy 434 improvements.
Indusions:
a. Complete thermo coating of arrows, etc. on Hwy 419 & intersection.
b. Re-install the single pole FOOT sign on new concrete island in median.
c. Omit all excess asphalt slag and debris in R.O.W. areas.
d. Move electric signal pull box for traffic control. outside asphalt area.
2. Omit site utility remnants from site, including:
a. Chunks of concrete at repaired water valve (at Shore Road).
b. Remove all water, sanitary, and misc. pieces of pipe from site. See around the lift
station and Shore Road.
3. Provide certification from Allstate Paving that lot paving meets or exceeds the design
thickness. Option would be to provide a certified coring report.
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PERMANENT C of 0 ISSUES OWNER (CHURCH) IS RESPONSIBLE TO RESOLVE:
1. Provide illuminated street numbers near Hwy 434 R.O.W. Post with ground flood will suffice,
2. Issue to City, 2year maintenance bond applicable to 10% of cost of water service. Amount can
be determined by American Civil Engineering Co.
3. Have American Civil Eng. Co. revise 12/05/01 As-Builts to reflect as-built layout or Church.
portico/paving orientation. ALL sheets need to be same overlay.
4. Paving section and Paving Plan are not the same from building out. It is not reflective of City's
combination g'-o. sidewaik & larid5Caping...-eq~in~ment. American Civil Eng. Co. to respond.
ISSUES THE CITY NEEDS FiNAl INTERPRET A TIONS:
1. Whether curbs will be required. >
2. City requirement for S' walkway from Hwy 434 RO,W. to Church front entrance.
3. Is the present limits of Landscaping adequateuntiJ next phase of expansion?
4. What is City requirement for a Ywater feature" if necessary?
~. .;-f~ ~~1:~~ :'~~."~~~;~T' .\~~..;~/;. r:-~ ::.;
Attendees: Zynka Perez- City of Winter Springs
Scott Jaze- APPSJ ::nn?
Bill Ekdahl- APPSJ
2976 FORSYTH RD. .. WINTER PARK, FL 32792 .. (407) 678-1847 .. (407) 679-565~
EXHIBIT "B" ~ --.- ---.-,. .
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S U RETY
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the
State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Riehard M. La Rue, Jr., Jo%n M. Kuykendall and
Martha L. Gray as employees of %uykendall-LaRue Bonding & Insurance, its true and lawful Attorney(s)-in-£ast w matte, execute, attest, seal
and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature
thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00.
Such bands and undertakings, when duly executed by the aforesaid Attomey(s}-in-fact shall be binding upon the said Company as fatly and to the sarrre extent as if
such bonds and undettaldngs were signed by the President and Secretary of the Company and styled with its corporate seal
This Power of Attorney ii: granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Dmectors of the Company
on the 5th day of December, 1988:
"RESOLVED, That the President, or any Vice President of the Company or any person dcsigna[ed by any one of them is hereby authorized to execute Powers of
Attorney qusiifying the attorney Warned in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and alt contracts of suretyship,
and that any Secretary or any :tissistant Secretary of the Company bc, and that each or any of them hereby is authorizci to attest tlrc execution of any such Power
of Attorney, and to attach thereto the Seal of the Company.
FURTHER RESOLV Ell, That the signature of such officer and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimle signatures or facsimi Ic seal shall be thrreatler valid and
binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached."
Bonds executed under this Power of Attorney maybe executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of
Directors of the Company on August 6, 200E
"RESOLVED, That the signature of the President of this Company, and the seal of this Company maybe affixed or printed on any and all bards, undertakings,
recognizances, or other written obligations thereof, on any revocatinn of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Powz9'
of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recogrrizances, certificate or other written obligation, bearing such facsimile signature
or facsimile seal shad be valid and binding upon the Corporation."
IN WITNESS 44'HEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto aftixcd, and [hest presents to be signed by iLs
duly authorized offrcers this 6th day of August, 2001. ?f;l. SPECIALTY INSURANCE COMPANY
B ~~ ~ /'Jy//'l
PRESIDENT
~~~
rt ~: S~AL.~I~ t~tt~t:
..~
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SECRETARY
STATE OF ILLINOIS
COUNTY OF COOK ss.
On this 6th day of August, 2401, before me personally came Nichoias b4. 8tr~wrr, Jr. to nx known, who, being duly sworn, did depose and say: that he is Pmsidcnt of
the Company described in and which executed the above instrument; that he knows the seat of said Company; that the seal affixed to the aforesaid instrument is such
corporate seal and was affixed thereto by order and au[honty of the Board of llirectrus of said Company; and that he executed the said instrument by lilt order and
authority:
^FFlCIAL SEAL ~ ~(
NANCY L STAHGEL _ ~
rrarrnr ~uuic srwn ~ write
rw COrwist~rxr tltr4rtcc:~~w~oa
NOTARY PUBLIC
STATE OF ILLINOIS
COUNTY OF COOK ss.
I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCI: COMPANY a corporation of the State of Illinois, do hereby certify that tr~ above ~tid i'oregoing is a
full, true and correct copy of Power of Attorney issued by said Company, and that 1 have corrapared same with the original and that it is a correct transcript therefrom
and of the whole of the original and that the said Power of Attorney is still in full face and effect and has not been revoked.
IN WITNESS 44T-IF.RFAF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this ~ ~ day of
20~2~
,~
~~}..,S~AL.~~~
%4;„
SECRETARY