MAIN'TENANCE BOND. Pasco County, Florida, a political subdivision of the State of Florida, by and through its Board of County

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1 Bond No. V MAIN'TENANCE BOND Project: V-2 Walgreens Drug Store Pasco County Utilities Project No.: V Project Location: V-4 NWC of US 41 and Pleasant Plains Pkwy BY THlS BOND, WE, V-5 Malcolmson Construction Co., Inc., registered business address of V-5a "~ Avenue North, St Petersburg, FL 33716; hereinafter called the "PRINCIPAL," and V-6 Western Surety Company, hereinafter called the "SURETY," registered business address of V-6a Post Office Box 5077, Sioux Falls, SD , a SURETY insurer, chartered and existing under the laws of the State of V-66 South Dakota, and authorized to do business in the State of Florida, are held and firmly bound unto Pasco County, Florida, a political subdivision of the State of Florida, by and through its Board of County Commissioners, 7530 Little Road, New Port Richey, Florida , (727) , herein called the "COUNTY," in the sum of Seven Thousand, Seven Hundred Forty-Eight and Dollars V-6c ($7,748.27) for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, by these presents: WHEREAS, the above-named PRINCIPAL has constructed water, reclaimed water, andlor sewer utility improvements in connection with the approval of a Utilities Service Agreement or Construction Plans on a certain area of land within Pasco County known as V-7 Walgreens Drug Store (hereinafter called the "PROJECT"), and is required, as a condition of the approval of the Utilities Service Agreement andlor Construction Plans by the COUNTY, to warrant the utility improvements that consist of the improvements as delineated per the COUNTY-approved cost estimate dated V-7a June 9, 2009, in connection with the utility improvements and more particularly described on the Construction Plans approved by the COUNTY on V-76 October 6, 2008, herein "IMPROVEMENTS," in accord with the Pasco County Code of Ordinances (Code), Chapter NOW THEREFORE, THE CONDITION OF THlS BOND is that if, for a period of eighteen (18) months, commencing on the date of acceptance of this Bond by the Board of County Commissioners, for the PROJECT, the PRINCIPAL: 1. Shall in all respects in connection with the approval and maintenance of the IMPROVEMENTS comply with the Pasco Ccuntp Code, Chapter? 10, and all other app!icable Federal and State laws and COUNTY ordinances, codes, regulations, terms, and conditions; and 2. Replaces andlor repairs at the PRINCIPAL'S expense, durirrg the one-year maintenance period required by Pasco County Code, Chapter 110 (herein called the "Maintenance Period"), to the satisfac- tion of the COUNTY, all IMPROVEMENTS which are found by the COUNTY'S Utilities Engineer not to comply public/ut/maintbond -1 -

2 with COUNTY approvals or requirements, or State or Federal regulations, whichever may be applicable, or industry standards (including Pasco County Code, Chapter llo), or which are found to be deficient in materials, workmanship, or structural integrity under COUNTY, State, or Federal regulations, whichever may be applicable, or industry standards; and 3. Initiates repairs within thirty (30) days of notice from the COUNTY and completes repairs within a reasonable time; and 4. Submits a written request for a final inspection of the IMPROVEMENTS and release of the Maintenance Bond to the Pasco County Utilities Services Branch at least sixty (60) days prior to the termination of the Maintenance Period; and 5. Pays all costs and expenses incurred for, or incidental to, compliance with the requirements of this Bond and the Pasco County Code, Chapter 110. THEN this obligation shall be void. Otherwise, it remains in full force and effect. SURETY shall assume and perform any and all obligations of the PRINCIPAL upon the PRINCIPAL'S failure or refusal to fulfill its obligations under this Bond. SURETY, for value received, hereby stipulates and agrees that no change involving an extension of time, alterations, or additions to the terms of the IMPROVEMENTS to be made hereunder, or in the plans, specifications, and schedules covering the same, shall in any way affect the obligation of the SURETY on this Bond, and the SURETY does hereby waive notice of any such changes. IT IS FURTHER understood that should the COUNTY be required to institute legal proceedings in order to collect any funds under this Bond, venue shall be exclusively in Pasco County, Florida, and the PRINCIPAL shall be responsible for any and all attorney's fees and court costs incurred by the COUNTY. IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have caused these presents to be duly executed this 10th day of June, (SEAL) (SAME AS V-5) Print By: Title publidutlmaintbond -2-

3 (SAME AS V-6) WITNESS AS TO SURETY WITNESS AS TO SURETY Western Surety Company SURETY SAME AS V-6 (Print Company Name) Post Office Box 5077, Sioux Falls, SD SAMEAS V-6A (Business Address) By: Authorized Signature (Print Name) V-8: [I1 K~eg OR fl Delete (S EA L) SURETY'S AGENT YJ. As Attorney in Fact (Attached Power) WITNESS AS TO AGENT Stacie A. Harper David B. Shick (Print Name) A Agent's License Number David B. Shick Agent's Name public/ut/rnaintbond -3-

4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota coiporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein fixed hereby make, constihlle and appoint David B Shick, Individually of Tampa, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto afixed on this I l th day of October WESTERN SURETY COMPANY State of South Dakota County of Minnehaha Paul f~ruflal, Senior Vice President On this I lth day of October. 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; lhal it was so affixed pursuant to authority given by the Board of Directon of said corporation and that he signed his name thereto pursuant lo like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, SSSSSSHS+SSSSSS~SS-~+.~+ r r D. KRELL I sl NOTARY PUBLIC ~6;3SOWH DAKOTAal tsssssssssssssssssss5ssst I D. Krell, NO* Public I, L Nelson, Assistant Secretary ol WESTE,W SURETY COMPM!Y do hereby certify that the Power of Attomey hereinabove set forb is still in force, and further certify that the By-Law of the corporatton p"n!ed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 10ttl lhyof Jl3-E,m. WESTERN SURETY COMPANY

5 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.