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Home My WebLink AboutSouthland Construction Fisher Road Release of Lien -2004 03 16 \. secnON 00$45 CONTRACTOR'S RELEASE OF LIEN FORM Before me. the undersigned authority in said County and State, appeared Daniel L._Carr who.. being first duly swom, deposes and says that he is Preside'Q.t of iSouthland-fonstruction. In.ca company and/or corporation authorized to do business under the laws of Florida, which Is the contractor on the Project known as Fisher Road Roadway Imcrovernents located in Sem1.noIe County, Florida, with the City of Winter SDrinQ8, dated I \ the ..2.th. day of September . 2003. that the said deponent is dUly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of hislher own knowledge that said contract has been complied with in every I particular by said contractor and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as l contractor or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner .. simultaneously with the making of this affidavit constitutes all claims and demands against the 1 Owner on account of said contract or otherwise, and the acceptance of the sum Specified In said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. Deponent further 'agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. . I l STATE OF FLORIDA COUNTY OF Orange The foregoing instrument was aCknowledged before me this JI/ !l Joy. Daniel L. Carr. (Name of Person Acknowledged) as President (type of authonty , e.g. Officer, tru~tee, attorney in fact) for ~nllt'hl .<Inn Construction, Inc. (name of ~arty ~n ~half of whom Instrument was executed) and Is personally known to me or has produced Identification. _ (DATE) by ~ Notary Public - State of Flori Cox Hansbrough ~i MvCommllllon DDOa7152 ." IxpIrea Mlrch 31. 2008 (SEAL) * National Fire Insurance Company of Hartford We, t~e ~ having ~eretofore ex~cuted a performance bond for the above-named co tractor $ covElnng project and section as descnbed above in the sum o~v~n au~dred tYTlve :qQtfclc 9>>. d 712,804.00 ) h b th n r" QI1'1:' d.Q aril.cft:fltH,.' th' , ere y agree ~t the Owner may make full payment of the final estimate including e retained percentage, to saId contractor. ' eight It i~fully und~rstood that the 9ra~ting o~ the right ~o the Owner to make payment of the final est~ma~ to saId ~ntractor and/or Its assIgns, shall In no way relieve this surety company of its obhgatlon~ under Its bond, as set forth in the speCifications contract and bond pertaining to th above prOJect. · e 0064S.1 , . * National Fire Insurance Company of Hartford IN WITNESS WHEREOF, the *, has caused this instrument to be executed on its behalf by its Resdient Agent and/or its cJuly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this lQth day of MRl"rh, 2004 of Hartford Attomey in Fa a Resi nt Agent Frank B. Ferguson (Power of Attorney must be attached if ex END OF SECTION 1 I I I I I fl ~ .~ " I! 00645-2 . POWER OF ATTORNEY APPOINTING INDNIDUAL ATTORNEY-IN-FACT . Know AU Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), . are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtUe of the . signatures and seals herein affixed hereby make, constitute and appoint Frank B Ferguson, Individually of Windermere, FL, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and/or estimates on engineering and/or construction contracts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. . This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of April, 2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Vice President State Of Illinois, County of Cook, ss: On this 21st day of April, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. C:~ GJ,AM) Eliza Price. · . Notary Public OFFICIAL. SEAL. ELIZA PRICE NOTARY pueuo, STATe OF ILLINOIS IIfY COMMII810N _9: 01117101 My Commission Expires September 17, 2006 CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 16th day of March 2004 Form F6853 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ~a~ Mary A. ika lOs . Assistant Secretary