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HomeMy WebLinkAbout20093008.tiff801 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE PLAN REVIEW, AMSPR #158 - WESTERN OIL FIELD SUPPLY COMPANY, DBA RAIN FOR RENT, C/O LEFEVER BUILDING SYSTEMS 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 June 6, 2003, the Department of Planning Services staff approved the application of Western Oil Field Supply Company, dba Rain for Rent, c/o Lefever Building Systems, 1692 North Denver Avenue, Fort Lupton, Colorado 80621, for an additional office, shop space, and storage building on the following described real estate, to wit: Part of the NW1/4 NW1/4 of Section 32, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 11, 2003, 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 Western Oil Field Supply Company, dba Rain for Rent, c/o Lefever Building Systems, with terms and conditions being as stated in said agreement, and accepted Performance Bond/Payment Bond #929231200, drawn on CNA Surety/Western Surety Company, 101 South Phillips Avenue, P.O. Box 5077, Sioux Falls, South Dakota 57117-5077, in the amount of $5,937.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services, have conducted a visual inspection and, along with the Weld County Attorney, recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond/Payment Bond #929231200, drawn on CNA Surety/Western Surety Company, in the amount of $5,937.00 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. 1 111111 11111 111111 111111 II 1111] 111111II 11111 IIII IIII 3661801 11/25/2009 11:10A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-3008 PL1679 /ft I' .t!�GJ PI -P13( iG t l C-1 ATTEST: Weld County Clerk to the BY Deputy Clerk to the Board APPROVE6A is -FOR ountney Date of signature: ////7,G9 1 111111 11111 IIIIII 111111 11 1111111111111 11111111 1111 IIII 3661801 11/25/2009 11:10A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CANCEL COLLATERAL - WESTERN OIL FIELD SUPPLY COMPANY, DBA RAIN FOR RENT, CIO LEFEVER BUILDING SYSTEMS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS W�� r Y, COLORADO Nilliam F. Garcia, Chair Cu .(<l --U „ IG/ ‘-'2 uglastftademach r, Pro-Tem Sean Conway EXCUSED Barbara Kirkmeyer EXCUSED David E. Long 2009-3008 PL1679 MEMORANDUM COLORADO TO: Board of County Commissioners DATE: November 9, 2009 FROM: Kim Ogle, Planning Servicesc�o SUBJECT: Western Oil Field Supply Company, dba Rain for Rent AmSPR-158 Payment Bond #929231200 CNA Surety Staff from the Department of Public Works conducted a field inspection in October 2009 and determined that the property was in compliance with all transportation elements as stated in their referral dated November 4, 2009. Planning Services inspected the site on May 5, 2009 and determined that all non -transportation related items had been completed and were acceptable. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that Payment Bond #929231200 from CNA Surety, for Western Oil Field Supply Company, dba Rain for Rent, be released in full. Western Oil Field Supply Company, dba Rain for Rent (PL1679 #2003-2058) AmSPR #158 - Private Road Payment Bond #929231200 from CNA Surety No expiration Letter returned to us from Western Oil Field Co. Not deliverable as addressed and no forwarding address $5,937.00 2009-3008 COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: 11/04/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Western Oil Field Supply Company, dba Rain for Rent (PL1679 #2003-2058) AmSPR #158 Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Western Oil Field Supply Company, dba Rain for Rent (PL1679 #2003-2058) AmSPR #158 - Private Road Payment Bond #929231200 from CNA Surety No expiration Recommendation: $5,937.00 The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List. Any non -Public Works -related items should be verified by Planning Services prior to collateral release. M:\Rich Hastings\BOCC Agenda\Memo\Collateral List update (Western Oil Field AmSPR-158)- MEMO.docx ps4oti COLORADO November 17, 2009 ATTN; DAVID SCHISLER WESTERN OIL FIELD SUPPLY COMPANY DBA RAIN FOR RENT 3404 STATE ROAD BAKERSFIELD, CALIFORNIA 93308 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral for Western Oil Field Supply Company, dba Rain for Rent Dear Mr. Schisler: On November 16, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Western Oil Field Supply Company, dba Rain for Rent, in the amount of $5,937.00, as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The original Performance Bond #929231200 for $5,937.00 has been returned to Western Surety Company. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk to the Board November 17, 2009 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, COLORADO 80632 WESTERN SURETY COMPANY 101 SOUTH PHILLIPS AVENUE P.O. BOX 5077 SIOUX FALLS, SOUTH DAKOTA 57117-5077 RE: Cancellation and release of Collateral — Western Oil Field Supply Company, dba Rain For Rent To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Western Oil Field Supply Company, dba Rain For Rent, in the amount of $5,937.00, and the original Performance Bond #929231200 issued by Western Surety Company, in the amount of $5,937.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. BeChler, Deputy Clerk to the Board CAA SURETY BOND NUMBER -929231200 PREMIUM: $56.00 Performance Bond KNOW ALL PERSONS BY THESE PRESENTS, That we WESTERN OILFIELDS SUPPLY COMPANY of BAKERSFIELD, CA 93 -Igo WESTERN SURETY COMPANY hereinafter referred to as the Principal. ar as Surety, are held and firmly bound unto COUNTY OF WELD of GREELEY, CO 80632 , hereinafter referred to as the Obligee, in the sum c FIVE THOUSAND NINE HUNDRED THIRTY-SEVEN DOLLARS & 00/100 Dollars ( $ 5 , 91 7 n n ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 14TH JULY, 2003 day of for NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Oblige from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise shall remain In full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in tts location in which the work or part of the work is located and shall be instituted within two years after Contractor Default c within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform it obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, Ow minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 14TH day or JULY 2003 da � / $oaY Release gegl3 G issioo rat Yal Bo to of Co"t� col by cle 1151 pevt SUR-105578-C il�16j2009 ets WesternOilfields Supply Co., dbp Rain.Ror•Rent (Principal) (Seal) Rob rt C. Lake Vic President Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, 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 affixed hereby make, constitute and appoint Duane A Kerber, Gregory C Stone, Individually of Bakersfield, CA, its true and lawful Attomey(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 affixed on this 2nd day of June, 2003. State of South Dakota County of Minnehaha J ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 2nd day of June, 2003, 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; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 ... D. KRELL SGRIN0TARY PUBLIC SOUTH DAKOTA CERTIFICATE D. Krell, No ibry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation 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 corporation this 1 4TH day of JULY 2003 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-01-02 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Kern On JULY 14, 2003 DAtE personally appeared ,personally known to DUANE ALAN KERBER : COMM. 01253558 PRYPU8UC•CAUF0MM Vftf KERN COUNTS Feb.14, UUM11 W My Comm. EvP. 2084 before me, . fat i &z • NAME.71nE•0F0FFICER -EG. JNEa KTARY RAMC" GREGORY C.STONE NNE) OF IROPERRI i me - OR - 0 proved to me on the basis of satisfactory evident( to be the person(s) whose name(s) is/an subscribed to the within instrument and ac knowledged to me that he/she/they execute( the same in his/her/their authorize( capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below Is not requited by law, It may prove valuable to persons relying on the document and could preven fraudulent reattachnted of this fora CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ gano AL O CORPORATE OFFICER O PARTNER(S) ❑ UMn'EO O GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) [� GUARDIAWCONSERVATOR ❑ MIER: SIGwanNER poem TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE CF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Ot993 NATIONAL tarAnYAssociatotion3s Mead Ave, P.O. Bax7184 • Corms Peat. CA 9190& Document Date July 15, 2003 Capacity Claimed by Signer Individual Corporate Officer Title: Vice President X CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Kern On July 15, 2003 before me, Ruth H. Myers, Notary, personally appeared Robert Lake personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Ss �z a RUTH H. MYERS COMM. #1262252 LI NOTARY PUBLIC • CALIFORNIA " KERN COUNTY N My Comm. Exp. May. 19, 2004)4 OPTIONAL Description of Attached Document Title or Type of Document CAN Surety Payment Bond Number 929231200 Number of Pages 1 Partner Limited Attorney -in -Fact Trustee Guardian or Conservator Other:: General Signer is Representing: Rain for Rent 07/09/03 WED 08:56 FAX 303 857 4435 Rain For Re:i: Ii!] 002 Jul 09 03 05:20a Proposal P.O Box 336789 Greeley, CO 80633 AAD1 Sostionliatik\ issioscansh & Grounds Maintenance, Inc. Commercial • Residential JOB NAIvt: PROPOSAL SUBMITTED TO: It., 2 Page No. of -- Pages NAME: RAIN FOR RENT 970-352-27'II S SHOP STREET: P.O.9OY. 149 STREET: _ I e;82 DENVER AVENUE - - CITY: STATE: ZIP: CITY: - - STATE: ZIP:— - Fr.LUPTON CO 90€.21 FCLUPTON CO 80621 -....- __� �. We hereby submit specifications and estimates for -� ROCK AREA 30'X130' YI/M-I 6 PINES AND 11/2 -WYOMING RED DE(::I)R;A11wu I; oc ':: AS FOLLOWS: -SITE AREA WILL BE PREPPED 5Y ant OWNER FOR DESIRED GRADE AND F REF. OF DEBRIS AND WEEDt, -POLYSPUN WEED BARRIER FABRIC INSTALLED OVERLAPPING ON SEAFIS i'IJND STAPLED EVERY 4' -A LAYER OF 2"-r OF 112' RED DECORATIVE ROCK INSTALLED CTIER FAEIFBC.A COLOR SAMPLE OF ROCK WILL BE PROVIDED PRIOR 11 INSTALLATION -INSTALL 6 #10 AUSTRIAN BLACK PINE TREES -OWNER WILL BE RESPONSIBLE FOR WATER SUPPLY To TREEB.UPON INSTALLATION PARADISE IMI_L I14PITEER IN TREES AS A ONE TPAE NEED,THEREAFTER if WILL BE OWNEFIS F:ESPCM13IEIIup, -INSTALL 180' 1/8"X4"STEEL EDGING WA/INTL CAP STAKED EVERY 3' -6 PINES $495 -3900 SO FT FABRIC $1248 - 160' EDGING $203 -DELIVERIES 5135 -SKID LOADER $180 -LABOR $1200 - 39 TON 11/T WYOMNG RED DECORATIVE ROCK $2496 wen to furnish labor end materiel,. complete •�•ea��kr ttm pun of •�,_ �/ propose in BXaLd:,rlce with he above �+edOdnxK,, eLI err. pun „+: FIVETHOUSANDNINEHUMDREDTHIRTYSEVEN —loan (3 __,_j,,Si7.00- _-- M*paIMTecl tote modem 'Oilan ALL IIATERALS IS GUARANTEED TO BE AS SFECII9ED.ALL WORK 10 BE COMPLETED iN A WORIINAI,I! MANNER AOXR NM:" I'D IT) IOPRD PRA[.'IICE! F PROPPBAL IN;LUCmS MANNING NORMAL SOIL CONDITIONS ARE ASSUMED.NCI FROST OR ROOK MOW Oft 4ORFACE IAMBI Et YOWL IS NCLUC BD HER CONHOTUIES ME ENTIRE AGREE5IErr.IF EXTRA WORK OR MATERIAL IS OROBEw r IS HERESY tlOERSIOOo TINT AN QTRA CREME WI& BE W IUNO, O EN NSR aSYnP' SME.I. BE RECOONIC®,MRENS IN For 11MM,ET A OIAN0E OROER.IT IS EEPRESSLEY DL%M1IDAND NEMO, TACT THE momenta) 94 Ni. NOTCE HELD JADE FOR MI C%:MIA:FNCIn OCOASONa1 BYSIBLSSFIREMIMi11f ,THE ACTS OF One CONTRACTORS OR ANY OTHER CAUSE BEYOND INS CONNIOLJT S. ALSO S TPUTATED AORIBB) TtATJNOAD Row 2.TS BECOMEOVER DINE ACCEPTOR WI'_ SE Mae CARLE FOR ALL CCLtECT0I OOSTB.FEEs Ara *STEREO AT A RATE OF 20% (W THE TOTAL AYomNT OF TH: ADRS'AIOR/ANEER t.MLL ICENIFFY NO NOLO HARNESS IRH]M AND AGADeT ALL aA...CAUSE OP ACSORF0R OAYAGE,B.RRIV OR OEAT4 OF IBHONS OR Neat CAL NED 'MRMNILIn' AIOIM,BRCYND OUT OF,OR NODMIs To'l YE WORK QNa® NENNY,INCLEDND COEIS NOOK I(TIDOJEY;, MEW ANYJEWS.NST N DATER IRNANEE IONINE CF 1ITIRIS' MC*IiTI Wtt Se RACE w' AM' UNPAID BALRIICT::3Na11M ON DIRT BOOKS DE THE EAST DAY OF EAOM NOAETN.TIeS RENNCE maw M CoonnED W A 'FERENDIe RATE'OF litereIB' NO1ffi4OQ.1 mamma CIARCE OP ABD.IPPa'3N.ANCES UNDER a*.SDTIIS ISM ANNUAL PERCENTILE RATE OF in AFPUED TO THE PREVIOUS BOUNCE WITher DEDUCTING CU MINI PAWS DIN; NDIOR CREWE APPLIED IX !MVO THE MGM11.1YE SHALL REPLACE OILY S TME,WHOUT DIMREIE ANY TREE VISHNU, THAT FELS 10 BIRMVE HEAR FRDN PI]TK VAS&: Dff ;PROVIONG TNMT PRCR5RLY CARED :OR BY THE CUSTOMER MD ~EMU) SY TRINE ABOVE GUAIYWI85 DOES NOT CORER NW SERVICE OR PtANnC CM ROES I40LWB:.CIS: WNW -0 tweet; CFMRDRS MIA. R? MADE FOR PLWFUQ OF RERociaNNTSALL ~RACES PROM= TO OUR CUD1ON ES qN]M PARADER ARE Iw1LL ANC UMW, Hell 1'E All PATT DUE BALANCE PAST. DA't? ANDIDR NNE ACCOUMI (MPS TO CO(1EOR:NAN EAT comes IRON RE ON ASSOCORCES WITHDRNYRB IRbt I'11E CJFTWr N THI:Y.T ID DI ! RIOR NIETTEr. NOTICE wits I?f:: SuaNCT TOR EARLY 1AIIIBRAMML FEE OF NT Sr FINS A PAWN SOEFDIAEFOR Mae NG BALINMS OMB 11 11NMLMl=E LINOS ANFD:I!MNRNTYID BYTHER MANIINC-NT. Authorized Signet art_ ' L- -- _ -�---.....- NOTE: This proposal may be withdral Mn by no it nM t acxaept It within 10 days The above authorized Accepted: Date: Talaalltia Wan. !flail re? aft la MINIMMIMIMI.EIMISIIIMOISSIMMIal a...MOMS Acceptance of Ptoposlail prices, specifications and conditions are satisfactory and are hereby a:x:epted. Ya1Ll ;are to do the work as specified. Payment will be made as out tried abaave. L33 Signatur!!: Signaler it ._ Ca SURETY BOND NUMBER:929231200 PREMIUM: INCLUDED IN PERFORMANCE BOND Payment Bond KNOW ALL PERSONS BY THESE PRESENTS, That we WESTERN OILFIELDS SUPPLY COMPANY of RAKERSFTFr_ ('A 93390 --- _--- •. WESTERN SURETY COMPANY hereinafter referred to as the Principal, ant as Surety, are held and firmly bound unto COUNTY OF WELD of (:RPF.LFY Cn Rn637 hereinafter referred to as the Obligee, in the sum of FIVE THOUSAND NINE HUNDRED THIRTY-SEVEN DOLLARS & 00/100 Dollars ($5.937.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, finely by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 1 4TH day of JULY 2003 for SITE LANDSCAPING TO BE DONE BY PARADISE LANDSCAPING copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for In said contract, and any and all duly authorized moditions of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder p (a) After it being understood, fiver that if one an 4�mitatior nwembodied the in thiisonbannd Pprrohibal iteedbyby a y law contrwork on olliid ng the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state In which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof, Is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 14TH day of JULY ,2003 Western Oilfields Supply Co., dba Rain Po.: Rent By: SUR-105579-B U - (Principal) Robert C. Lake Vice President (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, 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 affixed hereby make, constitute and appoint Duane A Kerber, Gregory C Stone, Individually of Bakersfield, CA, 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 ranted these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of June, 2003. State of South Dakota County of Minnehaha ss WESTERN SURETY COMPANY Paul .a�ms�io.v. . Bruflat, Senior Vice President On this 2nd day of June, 2003, 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; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 400000000000000009.0•1/2 • • D. KRELL i• x140TARY PUBLIC ✓ s SOUTH DAKOTA • • ♦NM.... t' CERTIFICATE ALL D. Krell, NoTary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation 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 corporation this 1 4TH day of JULY 2 0 0 3 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-01-02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Kern on JULY _14, 2003 DATE •. GREGORY C. STONE personally appeared Opersonafly known to me - OR - ❑ proved to me on the basis of satisfadory evident to be the person(s) whose name(s) is/al subscribed to the within instrument and a knowledged to me that he/she/they execute the same In his/her/their authorize capacity(ies), and that by his/her/the signature(s) on the instrument the person(s DUANE ALAN KERBER a or the entity upon behalf of which th p COMM. #1253558 TART PUBLIC• CALIFORNIA person(s) acted, executed the instrumen KERN COUNTY N before me, [ew)UCC /L4A/ fuYE, ITILE OF MINCER -E.G.:1011E 1E DOE WARY Mar °ar : 1.t' My Comm. E. Feb. "I°4 blia& TUREOFAUTARY OPTIONAL 'hough the data below is not required by law. It may prove valuable to pew relying on the document and could preve fraudulent refit of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ pDWtouAt- ❑ CORPORATE OFFS ❑ PARTNEEKS) 0 memo GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) (] GUAFIDIANCONSERVATOR ❑ OTT_ SIGNER on nnunna TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) ODER THAN NAMED ABOVE Document Date July 15, 2003 Capacity Claimed by Signer Individual Corporate Officer Title: Vice President X CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Kern On July 15, 2003 before me, Ruth H. Myers, Notary, personally appeared Robert Lake personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A RUTH H. MYERS p �4s-.<-.`< COMM. #1262252 � v NOTARY PUBLIC • CALIFORNIA �' KERN COUNTY 19 11 My Comm. Exp. May. 19, 2004 OPTIONAL 1,4 2 Description of Attached Document Title or Type of Document CAN Surety Performance Bond Number 929231200 Number of Pages 1 Partner Limited Attorney -in -Fact Trustee Guardian or Conservator Other:: General Signer is Representing: Rain for Rent Hello