Tab J 85-02-3(3102)-10a
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION gO R
DIVISION OF MINERAL RESOURCES
.-. MINED LAND RECLAMATION BOND 105351441
INSTRUCTIONS
1. Form 85-02-3 shall be filed with the New York State Department of Environmental Conservation, Division of Mineral
Resources,825 Broadway,Albany, NY 12233-6500 by the mining permit applicant
2. The form shall be typed and be signed by responsible Individuals who have full and correct knowledge of the facts stated
and the authority to bind the applicant
KNOW ALL MEN BY THESE PRESENTS:
That we The Fort Miller Co. Inc.
of permanent address
P.O.Box 98 Schu lerville N 7I-00 8
(8troet Address,CRY,&*.ZJp Code)
as Principal,and Travelers Casua[L.and Skirety company
(�►aM
Of OnE Tower re--Uartford.,
(Mathis Address and Telephone Numberof Reeponsble
011rid Glfke)
as Surety,a corporation organized and existing under the laws of the State of Connecticut
and authorized to transect the business of suretyaNp in the State of New Y '
in the full and just sum of Two Hundred Fort Five Thousand and 001100 are held and firmly bound unto the State of New Yark
lawful money of the United States of America,for which dollars(S 245.000.00 ),
administrators,successors and assigns,jointly and Severally,�y b these presents.
'we bind ourselves,our hems,executors,
The condition of this obligation is that the said Principal has been Issued a mining permit re:
"—*'41ne File Number(s): 50070
.y the Department of Environmental Conservation of the State of New York
Now,therefore,if said Principal shall comply with the conditions of the permit,then this obligation shall be void;otherwise to remain in
full force and effect,in which case the.Department may call upon the surety to complete the reclamation.
This band shall be further subject to the following conditions:
1. The bond shall be continuous and shall rennin in force until the Surety is released from liability by the Deparbnent of
Environmental Conservation of the State of New York, or until the frond is canceled by the Surety as herein provided.
Without prejudice to any IiabHity accrued prior to such cancellation, the Surety may cancel this bond upon ninety(90)days
advanoo notice in writing sent by mail to the Principal and to the Department of Environmental Conservation of the State of
New York
2. In no event shall the total liability of the Surety for any one or more recoveries under this bond exceed in the aggregate the
total sum hereof.
3. Any suit brought upon this bond must be instituted before the expiration of two years after the release, cancellation or
termination thereof.
In Witness Hereof,said Principal and said Surety have caused these presents to be duly signed and sealed:
this 22nd day of September 20 10
The Fort Miller Co..,Inc. rev I
A � t rComj)ank of America
By: By
: (meaty)
(�pria�re) Y
H.John Marcella President ^eh1f°)
(Pdrd Name and Title) T. .T reel _
(P'nm Name and Tice)
FOR DEPARTMENT USE ONLY
I lApproved
Date
WARNING THIS POWER QF ATTORNEY 15 INVALID W17HQUT THE AED BORDER
POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company St-Paul Mercury Insurance Company
Fidelity and Guaranty insurance Company Travelers Casually 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. 220135 Certificate No. 0 O 3 S 3 7 2 O
KNOW ALL MEN BY WIESE 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 Sutety Companv,.and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United Stares Fideliry 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
C- C. Leach, F. E. O'Brien Jr., K. J.Furlong, P. J. Clyne, T.AZ Tyrrell, T. R. Tyrrell,C. E.Antoinette, and E.J. Canterhury
of the City of ._.Albany_ State of New York their true and lawful Attorneys)-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
rN"J1 uWHEREOF,the Comp es have caused this instrument to be signed and their curporam seals to be here[o affixed, 24th
day of ne 208
this -v-�--
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
2 GfSVq�1
r11i;z"'i'X00
�YiO aSLO]P9PG6'ye2�p►#fO• �9}!�f�, -�"p^1�'9+v5.N1�•Wm � 4; �t�erO-L�OS.'�Ea_OAN��L_1Gf.9�'yo1'm!= !��
'"LP5 nfu�citore rrestahnea
State of Connecticut
City of Hartford ss. Georg Thompson. mor ice President
24th June 2008
On this the day of ,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 be,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,
eit t. rens Whereof,I hereunto set my hand and official seal. �� C
My Commission expires the 30th day of June,2011.
Marie C Tetreault,Notary Public
58440-4-C9 Printed in U S.A.
WAF1KIIKV_-7ule oninrrn nr •rTn n,�.. ..,.,,,.. .__
Commercial Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Bond Application
'~rm B)
Ages- name aro sods AgOmt's name: sand f:
Fuller& O'Brien;Arthur J.Gallagher Risk Mance ement Services Timothy Tyrrell 105351441
ApptiaM's malas in full(if a pertaaship give the mane of eacb partner), including Tax ID M( }or S.S.#( )
The For Miller Co. Inc.
Business address Ooarpiation:
P,p.Box 98 Sch Irv'llc.NY 12871-9028
Residence
7 -
Residence address
predominant Business Ardmty: SIC Code:
Type of Bond: Amount of Hood: Effective data
Mined Land Reclamation Bond $245,000.00 September 22 2010
Comoele name and ad&=OMNiga:
New York State De t.of Environmental Conservation 625 Broadway,Albany,NY 12233
Indemnity Agreemest
The undamped ApplMW sad Ind0F=t0r(s)all beemaiter called the Indaundor(s)bemby certify that the foregoing declarations made and answers gives,am the hutb
,Rbout reservation,and am made for the purpose of inducing TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,One Tower SgmM Hartford,
co mectiad 06113 for itself and its a®iaae,parents,and subsidiaries,haema@a called"Sundyt',to be=. Surdy on a amain board,umdetakio&guaroWke,left of
Croft hank guiinufte or other instrument ofsmexyship,beremafkv&CAN& to as"Hood",applied for and any rcwwol and inercu of the same or of any Bond ofsiMrLr
mature given in substitution of renewal thereof and is consideration of tie Surely exemcuting said Baud or the fExban ma of cancellation of said Bond do umdatake and agroe
as follows:
• To pay the.Surety all premiums who due and aowoUy in advance of each renewal dicmfi r,until the Indenmitor(s)shall,serve upon the Surety,at its said olLec,
oompphot written legal evidence,satiskcaory to We Swtly,of it being duly discharged fran such Bond.
• The Indemnitor(s)will at all times inclandify,and keep mdeminified,abs Surety,and hold and save it harmless from and against any and all stat WW-,loss,costs,
charges and expenses of wbalsoever kind or-frog including counsel and attorney's firs,whether incurred under retainer or salary or othft-m ere,which it"or may,
at my time,susdin or inane by reason or in connection with Guuishimg any Bond,including any investigation related therein. To deposit with the Surety on dermad an
^Emount sufflo w io discharge any claim made against the Surety on this Bond. Ibis sum may be used by scanty to pay mob claim or be held by Surety as collate-3l
=rity against Ions or cost on this Bond
Whereas,the obligee or beaeficiery under the Bond may make a demand for payment(-Dana d-)against the Bond. When such Demand is spade,Surety must pay the
ammmt of the Demmnd,not to exooed the pmol sum of the Bond,as well as all necessary fees,within the time period required by the Demand. [hider such Bonds,Smmety,
with the knowledge and consent of the Indemmh*4 has expressly waived all deftuses to oinking such payment If 1110 Iadarroita(s)nnocive notice firm Surety that a
Dem®d has been trade against the Bond by the obWigeae or booefmciary,they well,at Least three(3)business days be m payment of such Dhmnud is due the Oblook pay
Surety the full•mount of the Demand,which among shad!not axoeed the penal sum of the Bood,as well as all necessary fisc Such poymart will be reads by wire uanaferr
ar otfiuwise in immediately available fiends to the bank account specified in the notice provided to the ludmnita(s)by Surety. The Indeamikst(s)waive,to the fullest admit
permitted by applicable law,each and every right which they may have to ooatest such payment Failure to make paymeart fo SUrdy as herein provided shall aura 60
imdannk*s)to be additionally liable Ser any and all reasonable costs and expenses including attorney's fees,incurred by Surdy in tafom*this agreement,bordier with
interest on unpaid amounts due Surely. Intarat shall accrue,co n nencing the date Surely pays the amount of the Demand,at 13W*of the prime rate of intertest in effed on
Docember 31 of the previous calendar year as pubWW in tie Wall Sheet Jouruad.
The Indemnitor(s)beaby meptaemt that it has the full power and authority to execute,deliver and pro k m this Agreement and to carry out the obllgabmms stated Weill The
ind,nnitor(s)further adcaovvledge and agree that(a)the execution,delivay and pexf mance of this Agreement by suA Inde nmitot(sj(b)the oomtplia"with the tarns
and provisions hereof and(c)th0 carrying out of the obligations contemplated herein,do not,and will not conoid with and will not moll in a breach Of violation of any
tang,auditions or provisions of the chanes documents or bylaws of such Iadamabor(s�or any law, governmental rule or regulation or any aWkaWe odor,writ,
injlmdioa,judgmnnr or dam of any court or p vanmamW authority aping Imdcmnitor(s),or any other agta nem binding upon Indanaitot(51 or constitute a default
heaeumdar.
b,k mnitor(s)dhaeby expressly audwri=Company to socess its credit records and to nuke such pertinent inquiries as maybe necessary fiom tbird party sources for the
fallowing purposes:(a)to verify informuatimn gupptW to Company;(b)for uadewritirhg purposes:and(c)upon establisbmexit of a reaeve,for debt colitxtiun The 5hmety
may famish copies of any and all slatamanfs,agrecirncnb,and financial statements and M+inform bon which it now has or any hereafter obtain oom muing sub of the;
hwernniom to othW persons or companies for the purpose of procuring W4urotysbip or reinsurance.
The Surety shall have the tight,at its option and in its sale discmdon(a)to stento this Agivenment beached should any I1xlcz; iter become involved u1 any agroan09 or
proceeding of liquidation,teccivaship;or bankruptcy.volQGft y or invduxtk*,or ahold any Indeumitor,if an WividuaX die.or W convicted of a fdovy,becaae a
fugitive from jusOoe,or far any—son disappar mad cannot iimmadiately be found.by the Surety by use ofusual mdbods,and(b) to adjust,settle,or eornpromtiw any claim,
demand.suit or judgment upon said Bond or Bonds,or any of than
A dupliatc or fusinu'le copy or elawonie reproduction of the original document shall have the:same fora and of ed as the original. This Agreement nsay be 0waned in
aaumber of coundrrpart�each of wbkh shall be an original but all of which together"I constitute one imstrumemt. Each counterpart WAY consist of a number of copies
rich signed by less than ail,but toga> &signed by 94 of ibe parties hereto. If any provision of this Ageermmt shall be unenforneable,dlis Agrew mt shall not be
xrt sbaU be construed and enforced with the same effect as tbough such provision or portion was omitted.
"lnde nmitors"shall include, but may not be Iimited to, the following endues however, it shall also include airy entities for which Bonds are issuod pursuant to this
AgrL
(c) (d)
Regardless of the date ofsignomic(s},this indemnity agnanent is effective as of the date of execution of aforementioned Bond and is owhtiouous until Su cty is satisfactorily
discharged from liability pursuant to the Uvms and conditions 000Wned berein.
Special Provisions: ►Lia
SWood this 77."d day ofSpPLUn her 2010
Applicant and Iademuitors sign below
Fach of the undersigned hereby s2hws to the Company that I amu a soc:ctary or a duty authorized officer,manager or official of each of the business entities which catered
into the foregoing Indemnity Agsroeapeat as an Indemnitor. In such capacity I am f wDiar with all ofihe doewmraats set forth and establish the rights which govern the affairs,
power and authority of such hWom entity mdudmg to the extend applicable,tie certificate or articles of nKorporabon,bytav s,corporate resolutions,partoeaship,and
operating or limited liability agreements of such business entity. Having reviewed ill such applicable documents and Wstrammis and such other fads as I deem appropriate,
I bereby affuro tint arch entity has the power and autbonty to enter into such Indaonity Agee mw and that the individual executing arch Indemnity Agi=mm on bobelf of
such entity is duly authorized to do so.
x x
Witness to Individual or Proprietorship signature hat lodM&al or Proprietorship applicant sign here
r\
The Fort Miller Co. Inc. SEAL
Mame of Corporate or Partnership appliant typed or printed bere
x )( '
Corporate C Corpomte Scaehry or partner sign bete Corporate .Corporate Seaetary or Partner sign bene
H.John Marcelle,President
Bird Party Indeahnitor(a}alga below.
n oonsidesatw ofTRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA exacting the bond heveinabove applied for,we jointly and severally join in the
orogoing indemnity ag c:mem Furthermore,each oftie undersigned batty aims to the Company that I am a seaetary or a duly authorized ol£wa,manager or official
)f each of the Wsiness eatities which ataed into the fmm p*Indemnity Agroemmt as on Wkwaitor. In such rapacity I am&=Nar with A of the doam=ft net br&
Lad establish the tights which govem the affays power and authority of ouch business eatily including,to the extent applicable,tic certificate or articles of incorporation,
rytaw-,corporate:resolutioM partnership,and opasdng or limited IiaN14 agram=ts of such business entity. Having reviewed all such applicable doeameals and
astruwcots and such other fads as I deem appropriate,I hereby affirm that such entity has the power and authority to ater into such lodmidty ApeeoKW and tbst the
odividual awwtiog such indemnity Ageernent oa behalfofsach entity is duly authorized to do so.
x x
Witness Indahnitor-Include Social Seautty#/mire ID.N( ?
x x
Witness Indemnitor-Include Social security NITax I.D.it( )
X x
Indwmitnr-Include Social Security#/Tax I.D.N( )
AW-111
Travelers Casualty and Surety Company of America
Hartford,CT 46183
ATTORNEY-IN-FACT JUSTIFICATION
PRINCIPAL'S ACKNOWLEDGMENT-IF A CORPORATION
State of New York
County of Atbanyj°'
On this 22o0 day of September 2010, before me personally appeared H John Mal to me known, who, being by me duly sworn
deposes and says Thal he/she resides in Saratoga, New York that hershe iS the President of The Fort Miller Co, Inc the corporation
described in and which executed the within instrument, that hershe knows the seal of said corporalion, that the seal affixed to said
instrument is such Corporate seal, final it was so affixed by order of the Board o` Directors of said corporation. and that hershe signed
his/her name thereto by like order
i
Re sselaer County
m_Exp 12'1 1312010
SURETY COMPANY'S ACKNOWLEDGMENT
State of New York
County of Albany)'
On this 22"day of September,2010, before me personally appeared T Tyrrell Ic me known,who,be-ng by me duly sworn did depose
and say.That he/she resides in the City of Albany, New York,Thal he,'she is Attorney-:n-Fact of Travelers Casually and Surety Company of
America, the corporation descrined in and which executed the within instrument. Thal ne;she knows the corporate seal of said Company,
that the seal affixed to said instrument is such Corporate seal anc that hershe signed said instrument as Attorney-in-Fact by authority of the
Board of Directors of said Company, and affiant did further depose and say that the Superintendent of Insurance of the State of New York
has, pursuant 10 Chapter 882 of the Laws of the State of New York for the year 1939 constituting chapter 28 of the Consolidating Laws of
the State of New York as the Insurance Law as amended, issued to Travele s Casually and Surely Company of America his/her certificate
That said Company*qualified to become and be accepted as surety or guarantor or all bonds,undertarcings,recognizances,guaranties.
and other obligations required or permitted by law,and ilia;such certificate has not Seen revoked
Rf selaer County
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