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HomeMy WebLinkAbout20121333.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SPR #394 - KUM AND GO, LC, C/O NEIL BRODERICK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 17, 2006, the Department of Planning Services approved the application of Kum and Go, LC, dba Kum and Go Convenience Store #913, do Neil Broderick, 6400 Westown Parkway, Des Moines, Iowa 50266, for a convenience store and gas station on the following described real estate, to wit: Lot 1, Block 1, of Lyons 66 Pacific Commerce Park; being part of the NW1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on June 6, 2007, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kum and Go, LC, dba Kum and Go Convenience Store #913, do Neil Broderick, with terms and conditions being as stated in said agreement, and accepted Subdivision Bond Number COC 48300, from Merchants Bonding Company (Mutual), 2100 Fleur Drive, Des Moines, Iowa 50321, in the amount of $181,016.88, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Subdivision Bond Number COC 48300, from Merchants Bonding Company (Mutual), 2100 Fleur Drive, Des Moines, Iowa 50321, in the amount of $181,016.88 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 3854863 Pages: 1 of 2 06/26/2012 11 :27 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII ki iPY� I'i'I� ,4i5r,G4�lI41'.' I "III ce, Pup .�g-13 2012-1333 PL1902 CANCEL COLLATERAL-KUM AND GO,LC,CIO NEIL BRODERICK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of May,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO - Sean P.Co v,Chair Weld County Clerk to the Board / V Willi/A11 (.Garcia,Pro-Tem BY: Deputy Cl.r to the Board I ✓ � - CUSED Sara Kirkmeyer 1861 `pup'ikz, '•- 11 APP-e 'D AS .f'O '%Wc e, 1 V q p avid E.Long I ., t ney " Douglas ademac -r Date of signature: -;/ 3854863 Pages: 2 of 2 06/26/2012 11:27 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO 11137,i UY+G i lil'6'Ifil I ii Gig!ialil{l I''II,',1 II III 2012-1333 PL1902 MEMORANDUM TO: Clerk to the Board DATE: 5/23/2012 a� r86r FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Final Release of Collateral G O U N T Y Kum and Go, LC (PL1902, #2007-1592) SPR-394 Request for Final Release of Collateral: The Department of Public Works received a request from the applicant, Abbey Gilroy/Kum and Go, LC, requesting the final release of collateral, for the On-Site Improvements. The site is located on the State Highway 66,just east of Interstate 25, and has recently been annexed by the Town of Mead. Weld County Public Works Department had previously performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), Document # 2007-1592, have been completed and are found to be acceptable. Weld County Collateral List: Kum and Go, LC, dba Kum and Go Convenience Store #913, c/o Neil Broderick (PL1902#2007-1592) SPR#394 Imps Agrmt. Private Road Maintenance Subdivision Bond #COC 48300 from Merchants Bonding Company No Expiration Listed $181,016.88 Recommendation: The Departments of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$181,016.88 pc: Dave Bauer,Weld County Public Works Kim Ogle,Weld County Planning Services M VPLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-394 Kum&GoAFinal Collateral Release-Kum&Go(SPR-394) Private Rd Maint.-MEMO docx NORTHERN ADDRESS: PHONE:970.221.4158 WEBSITE: 2o S.College Ave.Suite 10 . ineerin IC ENGINEERING Fort Collins,Co 80524 www.northernengineering.com FAX:970.221.4159 8 e'com May 15,2012 Mr. Richard Hastings Compliance Analyst and Construction Inspector Weld County Public Works 1111 H Street, PO Box 758 Greeley,Colorado 80632 RE: Kum and Go, LC(SPR 394) 13799 Pacific Circle _ Mead,Colorado 80542 "Letter of Substantial Compliance" Rich, This letter is in regards to the Kum and Go project(NE#177-001),and in particular to provide Weld County with a Letter of Substantial Compliance for that project. The Construction plans were prepared by Northern Engineering in 2008 and dated 04/23/08, under the project name of Kum and Go#913—Lot 1, Block 1 of the Lyons 66 Pacific Commerce Park.The project was completed,and opened in 2OO9,and has been in operation since then. To the best of our knowledge,this project was built and completed per the approved plans. Northern Engineering was not retained for full time construction observation, but we did make periodic checks. We have not observed any major differences between what was shown on the approved plans,and what is there when the store opened.Therefore,in our opinion,we believe the site to be in Substantial compliance with the approved plans and agreements associated with this project. Please call if you have any questions concerning this letter.Thank you for your cooperation. erely, Q�UA00AlREG�sT%iii OV�O P.IDE N Cofb •moo -27352 RogerACurtiss, PE = oZy ;" Project Manager e�94%p•••••1111\NG���\ SNITED POWER} Your Touchstone Energy Partner f1 May 15, 2012 Mr. Richard Hastings Compliance Analyst and Construction Inspector Weld County Public Works PO Box 758 Greeley, CO 80632 Dear Mr. Hastings: SUBJECT: Kum & Go Store#0913 — 13799 Pacific Circle United Power owns, operates and maintains transformer #32482, which provides electric service for the Kum & Go Store #0913 located at 13799 Pacific Circle in Mead, CO. The permanent meter #79511 was connected 8/17/2009 and has been in service since that date. If you have any questions,please give me a call at 303-637-1336. Sincerely, /.,j,„tv/L.,1,--'„"-e— /--", Monica Hansen Project Coordinator MLH: me UNITED POWER,INC. PO BOX 929 • Brighton, CO 80601 303-659-0551 • 800-468-8809 • fax 303-659-2172 www.unitedpower.com • • Richard Hastings From: Richard Hastings Sent: Thursday, April 05, 2012 8:38 AM To: 'LuAnn Penfold' Cc: Roger Curtiss; David Bauer; Donald Carroll; Clayton D. Kimmi; Josh Holbrook; Kim Ogle Subject: RE: FW: Kum & Go (SPR-394): Request for Collateral Release-(Fire Authority Approval) LuAnn, Thank you for the update regarding the status of the Mountain View Fire Authority inspection of the above-mentioned facility. Sincerely, Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 tRes i r) • -71 r • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: LuAnn Penfold lmailto:Ipenfold1101(admail.com) Sent: Thursday, April 05, 2012 8:31 AM To: Richard Hastings Cc: Roger Curtiss Subject: Re: FW: Kum &Go (SPR-394): Request for Collateral Release Mr. Hastings, • Mountain View Fire Rescue did a final inspection of the site on September 9, 2009 and approved the site for occupancy. Site Access, water supply(fire hydrant), fueling system and building were all approved. LuAnn Penfold Fire Marshal Richard Hastings From: Roger Curtiss [bud@northernengineering.com] Sent: Monday, April 02, 2012 3:29 PM To: Richard Hastings Subject: RE: Kum & Go (SPR-394): Request for Collateral Release Thanks Richard 13ud Curtiss, Pt. Northern Engineering Services,Inc. 200 South College,Suite 010 Fort Collins,Colorado 80524 970-568-5406 Direct 970-221-4159 Fax 970-690-0928 Cell bud@northernengineerint.com From: Richard Hastings [mailto:rhastings(aco.weld.co.us] Sent: Monday, April 02, 2012 3:19 PM To: Roger Curtiss Cc: David Bauer; Donald Carroll; Clayton D. Kimmi; Josh Holbrook; Kim Ogle Subject: Kum &Go (SPR-394): Request for Collateral Release Bud, As per your request,during our phone conversation today(4/2/12), please find attached the above-mentioned document.The remaining items required to proceed with collateral release, which we discussed today can be found on page 5, Section 9.0 of the Improvements Agreement (Doc.#2007-1592). Let me know if you have any questions or require further information. Sincerely, Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 I I) r • — _-A LF r cot ws Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Richard Hastings From: Nick Halfhill [NDH@kumandgo.com] Sent: Monday, March 19, 2012 7:15 AM To: Richard Hastings Cc: Donald Carroll; Clayton D. Kimmi; Josh Holbrook; Kim Ogle Subject: RE: Kum & Go FW: Pacific circle/ SPR - 394: Collateral Release Thank you for your reply Richard. I'll research the needed documents and will reply when I know more. Additionally, I'll contact the Town of Mead and ask their opinion on need. Abbey Gilroy left our company last fall and this project fell through the cracks for a time. • Regards, Nick Halfhill From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Thursday, March 15, 2012 10:44 AM To: Nick Halfhill Cc: Donald Carroll; Clayton D. Kimmi; Josh Holbrook; Kim Ogle Subject: RE: Kum &Go FW: Pacific circle/ SPR - 394: Collateral Release Nick, Review of the email request you sent to Josh Holbrook yesterday, 3/14/2012, indicates that outstanding items necessary for the release of the associated Subdivision Bond (#COC 48300) in the amount of$181,016.88 are still not completed. Attached please find an email I sent to Abbey Gilroy, dated 7/7/2011, that lists these remaining items. As it appears that you are now the contact related to this project, I await further inquiries from you or receipt of the afore-mentioned outstanding items, in order to move this final release of collateral forward. In lieu of the fact that this property has been annexed by the Town of Mead, a certified letter from associated Mead officials, indicating that the above-mentioned outstanding items are not required, would meet the requirements for collateral release and I would then proceed with the steps necessary to bring this request before the Board of County Commissioners for their approval. Let me know if you have any questions or require further information. Sincerely, • Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 • (970)304-6496 Ext. 3727 1 Richard Hastings From: Richard Hastings Sent: Thursday,July 07,2011 8:49 AM To: Abbey Gilroy Cc: David Bauer;Donald Carroll; Clayton D. Kimmi;Josh Holbrook; Kim Ogle Subject: Kum&Go/Pacific Circle(SPR-394):Collateral Release Request Attachments: image002.png Abbey, Review of the Improvements Agreement (Doc.# 2007-1592) for the above-mentioned facility, indicates that Public Works is not in possession of certain documents required for collateral release. Sections 9.0, 9.4 and 9.5 on page 5 of the Improvements Agreement cites the following documents be submitted prior to collateral release: 9.0 "Statement of Substantial Compliance from an Engineer registered in Colorado" 9.4 "Letter of Acceptance of Maintenance & Responsibility by the Utility Company, Special District or Town for any Utilities. " 9.5 "Letter from appropriate Fire Authority indicating Fire Hydrants are in place and state the results of fire flow tests. " Upon receipt of these documents, I will initiate proceedings to bring your request before the Board of County Commissioners for their approval. Let me know if you have any questions or require further information. Sincerely, Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street,P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 SeI 1J 11 W ECti�'c SOD NTY u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Abbey Gilroy Sent: Wednesday, June 29, 2011 10:10 AM To: Chris Brown; Eric Hewitt Subject: FW: Pacific circle/ SPR - 394 See below. We should receive our bond soon. Abbey Gilroy Real Estate Development Manager Kum & Go — We go all out! 6400 Westown Parkway West Des Moines, IA 50266 515-457-6345 (Office) 515-226-1595 (Fax) www.kumandgo.com From: Josh Holbrook [mailto:Jholbrook@co.weld.co.us] Sent: Wednesday, June 29, 2011 9:40 AM To: Richard Hastings Cc: David Bauer; Abbey Gilroy Subject: Pacific circle/ SPR- 394 Rich, Abbey Gilroy is requesting that their bond be released for this project. Everything has been completed from the punch list dated May 13, 2010. Can you take care of this with the BOCC. Joshua Holbrook Construction Inspection Supervisor Weld County Public Works 1111 H Street, Greeley Colorado 80632 (970)304-6496 Ext. 3734 IB4I -20II r W EL . n OU TY u • Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain isformation that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying distribution or the taking of any action concerning the contents of this communication or any attachments by anyoneother than the named recipient is strictly prohibited. 3 I861 - 2011 . CLERK TO THE BOARD i PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 / . P. 0. BOX 758 W E L D__,,C O U N T Y GREELEY, COLORADO 80632 I June 20, 2012 Attn: Nick Halfhill, AICP 6400 Westown Parkway West Des Moines, Iowa 50266 RE: Cancellation and release of Collateral — Kum and Go, LC Mr. Halfhill: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Kum and Go, LC, in the amount of $181,016.88. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304-6530. The original Subdivision Bond #COC48300, has been returned to Cindy Bennett, Holmes Murphy and Associates, P.O. Box 9207, Des Moines, IA 50306-9207, in the amount of $181,016.88. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS �%� By; B itt "/ ' eft � Donna J. Befit ler, Deputy Clerk to the Board 1861 - 2011 CLERK TO THE BOARD �. PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 W E L D_C O U N T Y GREELEY, COLORADO 80632 I June 20, 2012 Attn: Cindy Bennett Holmes Murphy and Associates P.O. Box 9207 Des Moines, Iowa 50306-9207 RE: Cancellation and release of Collateral — Kum and Go, LC Ms. Bennett: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Kum and Go, LC, in the amount of $181,016.88. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304-6530. I am returning the original Subdivision Bond #COC48300 for $181,016.88. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS BY: dc,„„,),;7,/,,a,, , F /ef4,, Donna J. Becfr, Deputy Clerk to the Board Donna Bechler From: Nick Halfhill [NDH@kumandgo.com] Sent: Tuesday, June 19, 2012 1:46 PM To: Donna Bechler Cc: Chris Brown; CBennett@holmesmurphy.com Subject: Release of Collateral for Kum and Go (913) in Mead Colorado Bond No. COC48300 Donna, Mr. Broderick is retired from our company, please send the information to me and I will distribute the information internally. Additionally, Cindy Bennett of Holmes Murphy is the agent whom is handling the bond for us. I've copied Cindy on this message and included her contact information below. Please communicate and of the release information to her as well. I've no other specific needs on our end. I appreciate your help in getting this bond released. �yy� 3/4$7_ , te? Regards - Nick g - L _ d to „ 0`x^'7- Cindy Bennett's info: � ' O�/�" C� 05.(714f Cindy Bennett ! /V�k/—_ 'L(L/ • Surety Account Manager /� ` - ,/7 �� TilJ n Holmes Murphy airy/2 , / Gc ��� (�¢� 800-247-7756 Ext.7057 /�'��//I�9 a,tit.LQ d�t Direct:515-223-7057 1 �rne/ Y�e� l Fax:515-223-7068 G�•.�' ��z 9-,x(7 7 Nick Halfhill,AICP Ailed� c27 ' Site Development Manager � Kum & Go— We go all oat 6400 Westown Parkway West Des Moines, IA 50266 Office 515-457-6290 wwwkumandgo.com From: Donna Bechler [mailto:] Sent: Tuesday, June 19, 2012 12:32 PM To: Nick Halfhill Subject: Release of Collateral for Kum and Go in Mead Colorado Mr. Halfhill, I am getting ready to send out the letters and return the Subdivision Bond after the cancellation and release of collateral on May 30, 2012, for the Kum and Go Convenience Store in Mead, Colorado, and need to make sure the information we currently have on file is correct. 1 I am showing the applicant listed on the Improvements Agreement is Neil Broderick. Shall I send the final paperwork to Mr. Broderick or to you? Also, I show the Subdivision Bond was drawn on Merchants Bonding Company Mutual in Des Moines, and I will be returning the cancelled bond to them. Would you like me to return the cancelled Bond to anyone in particular at the bonding company? If so, could you please e-mail me the name of the person I should send the bond to the attention of. I will wait for your reply before I mail out any of the paperwork. Sincerely, Donna Bechler Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 ► t! r' 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 SUBDIVISION BOND Bond No. COC 48300 KNOW ALL MEN BY THESE PRESENTS,that we Kum & Go L C 6400 Westown Parkway West Des Moines IA 50266 as Principal, and Merchants Bonding Company (Mutual) authorized to do business in the State of CO ,as Surety,are held and firmly bound unto Weld County. State of Colorado as Obligee, in the penal sum of One Hundred Eighty One Thousand Sixteen_Dollars and Eighty Eight Cents ($ 181 016 88 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Kum & Go, L.C. has agreed to construct in Lot 1, Block 1 of Lyons 66 Pacific Commerce Park Weld County, Colorado (Kum & Go#913) the following improvements: Site Gradino Street Grading Street Base Street Paving . irbc utt rc C li_ vPrts Sidewalks and Landscaping NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss. cost or damage by reason of its failure to complete said work. then this obligation shall be null and void; otherwise to remain in full force and effect. Signed. sealed and dated this 13th day of April - 2Q97 4e co Kum & Go, L.C. led s et ev Principal a byr z N By: / S--)Cora-cost..„. 8y. bo o < te qty C1 3o 41�201e1d�eQ4t• Merchants onding Company (Mutual) ',%x. o an x�. O_ ry. ": e 2 CO to cis :a 1933 :G: t C By: W .., the oft anne S. Riley Av.on;ev-in'rntl'` odrd ss • -z Oee s Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint: Dianne S. Riley its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,the following surety bond: Surety Bond#:COC 48300 Principal: Kum &Go, L.C. Obligee: Weld County, State of Colorado and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 1s' day of August, 2005 ••.*G CO ..tit,• MERCHANTS BONDING COMPANY(MUTUAL) :•�O'ppP0y p9•• • -.Z I--:} .o ,.3 �� '6•' 1933 ;•p a9 /.." STATE OF IOWA •••••, ''f `••• President COUNTY OF POLK ss. On this 1s" day of August i 2005 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ,/J n Lt. MARILYN BOYD / Y 60, ,J� Commission Number 10012 /"`�0`t My Commission Expires • °Wx • November 4,2009 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 13th day of April, 2007 ••m • OR h''l�..2 Secretary :ti:? -o- oia •„-c• 1933 r ; N•• ..•-th: POA 0007(8/05) U.S. Postal ServiceTM o CERTIFIED MAIL. RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) F r delivery Inf rmetl n visit•ur we•site at www.ua•s. O M1 u'I Postage $ Certified Fee0 - l7 Return Receipt Fee Postmark (Endorsement Required) Here Er Restricted Delivery Fee m (Endorsement Required) rL Total Postage 8 Fees $ O S: tTo O r 1,'el�11�U_ /J/?� Y�P'�7P5 _111 or PO Box No. / �j J 7ael City,St- :,ZIP+4 1111 . ' ' - -re 5-45e6 - 9 allo PS Form 3800,June 2002 - See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ff item 4 if Restricted Delivery is desired. f / 'Agent • Print your name and address on the reverse (.�Y '�_ O Addressee so that we can return the card to you. B y(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, /- l £Ad,) n � 2 5 ,�1 or on the front if space permits. V �C: ' D. Is delivery address different itom Rem 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No 7 /MI* .berrae7 ^i d I 5 it Ihl✓/" �r9O? 3. SSe Type ,7)e ..-7e,Mes .�t?s'p ` 7,97 ertifed Mail O Express Mall i ❑ Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7004 2890 0003 5709 8501 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt t02595-02-M-1540 Hello