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Home My WebLink About20091716.tiff508 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW #1444 - SW CHAMBERS, LLC, DBA HEIT FARMS GRAVEL PIT 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, by Resolution dated January 7, 2004, the Board approved the application of Heit Farms, Ltd, LLP, 4520 County Road 27, Fort Lupton, Colorado 80621, and 333 West Hampden Avenue, Suite 810, Englewood, Colorado 80110, now known as SW Chambers, LLC, 7600 East Orchard Road #307 -South, Greenwood Village, Colorado 80111, for a Mineral Resource Development Facility, including Wet and Dry Open Pit Mining and Materials Processing and an Asphalt and Concrete Batch Plant, in the A (Agricultural) Zone District on the following described real estate, to wit: Lots 4, 5, and 6, Lupton Meadows Land Division No. 1; being part of the N1/2SE1/4 and part of the S1/2NE14 of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on November 5, 2007, the Board of County Commissioners of Weld County, Colorado, approved a Long Term Road Maintenance and Improvements Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and SW Chambers, LLC, dba Heit Farms Gravel Pit, with terms and conditions being as stated in said agreement, and accepted Subdivision Bond #5030631, drawn on Bond Safeguard Insurance Company, 1919 South Highland Avenue, Building A, Suite 300, Lombard, Illinois 60148, in the amount of $600,000.00, and WHEREAS, on July 14, 2008, the Board released a portion of said collateral in the amount of $510,000.00, and accepted replacement Bond #5033938, drawn on Bond Safeguard Insurance Company, in the amount of $90,000.00, effective July 7, 2008, which was to be retained for a period of one year as warranty collateral. WHEREAS, staff from the Weld County Department of Public Works has 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 #5033938, drawn on Bond Safeguard Insurance Company, in the amount of $90,000.00 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 IIII 11111 1111111 11111 III VIII IIII IIII 3639508 07/30/2009 02:31P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder C('' P , PL u, 2009-1716 PL1697 °W0/ tot CANCEL COLLATERAL - SW CHAMBERS, LLC, DBA HEIT FARMS GRAVEL PIT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 2009. ATTEST: Weld County Clerk to th BY APP Deputy Cler to the Boa County Attorney Date of signature David E. Long I 111111 11111 111111 IIIII 1111111 11111 III 3639508 07/30/2009 02:31P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS WELD ,1�1'. COLORADO William F. Garcia, Chair Dougla• Rademac r, Pro-Tem e P. Conway ra Kirkmeyer tyL 2009-1716 PL1697 Elizabeth Strong From: Sent: To: Cc: Subject: Richard Hastings Thursday, July 23, 2009 7:37 AM CTB David Bauer; Donald Carroll; Don Dunker; Clayton D. Kimmi; Josh Holbrook; Stephanie Arries; Chris Gathman; Kim Ogle; Francie Collins Placement of Item on 7/27/09 BOCC Agenda: Final Release of Collateral SW Chambers, LLC (USR-1444) Clerk to the Board, Please place the above -mentioned item back on the BOCC Agenda for Monday 7/27/09. Let me know if I need to update the memo, that I sent to you earlier, or if you need any further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastinqsco.weld.co.us 2009-1716 1 Page 1 of 1 Donna Bechler From: Jon Benallo [Jon@swinvest.com] Sent: Thursday, July 16, 2009 4:07 PM To: Richard Hastings; CTB Cc: David Bauer; Donald Carroll; Don Dunker; Clayton D. Kimmi; Josh Holbrook; Stephanie Arries; Chris Gathman; Mark Campbell; Kim Ogle Subject: RE: Removal of Agenda Item on 7/20/09: Final Release of Collateral SW Chambers, LLC (USR- 1444) Rich, What is it exactly that you are looking for on this? You identified repairs, they were made, and we were notified that the work was done and accepted. Now we are being told that there is separation at the repairs. PPI explained to everyone at our site visit that this could be expected with the heat and with the weight of the trucks navigating the road. At some point you need to accept and recognize we improved a road at the County's request that everyone knew was going to be heavily traveled by sand and gravel trucks. The long term roadway maintenance agreement addresses maintenance, so please tell me what needs to be done to get this accepted, besides making repairs on a weekly basis. We made the argument when we first started this project that the roadway should be improved after the activity that would damage it was complete, not before. Please advise. J From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Thursday, July 16, 2009 3:51 PM To: CTB Cc: David Bauer; Donald Carroll; Don Dunker; Clayton D. Kimmi; Josh Holbrook; Stephanie Arries; Chris Gathman; Jon Benallo; Mark Campbell; Kim Ogle Subject: Removal of Agenda Item on 7/20/09: Final Release of Collateral SW Chambers, LLC (USR-1444) Clerk to the Board Staff, Please remove from the next BOCC agenda (Monday 7/20/09), the above -mentioned item. This item will be continued and placed back on the agenda, once issues related to repairs and the possible need for replacement collateral are resolved. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 7/17/2009 COLORADO MEMORANDUM TO: Clerk to the Board DATE: 7/13/2009 IU .• 52 FROM: Richard Hastings, Public Works Department SUBJECT: Agenda Item — Final Release of Collateral SW Chambers, LLC (Heit Farms Gravel Pit) — (USR-1444) Request for Final Release of Collateral: The Department of Public Works received a request from the applicant, Jon Benallo/SW Chambers, requesting a final inspection of the property to obtain the final release of collateral, at the conclusion of the one-year warranty period. Weld County Public Works Department performed a site inspection on 7/2/09, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR COUNTY ROADS 18 AND 25 (CHAMBERS) for the `NORTH WCR 25 SEGMENT' of Document # 2005-1056, have been completed and are found to be acceptable. Weld County Collateral List: SW Chambers, LLC dba Heit Farms Gravel Pit (PL1697 2007-3434) USR #1444 Long Term Road Maintenance and Improvements Agrmt Subdivision Bond #5030631 from Bond Safeguard Ins Co NO EXPIRATION LISTED Replacement Bond #5033938 issued 07/14/08 (#2008-1971) Warranty Bond eff 07/07/08. Expires 07/07/09 $600,000.00 -510,000.00 $90,000.00 Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of $90,000. M:\PLANNING —DEVELOPMENT REVIEW USR-Use by Special Review\USR-1444\USR-1444 SW Chambers Final Collateral Release MEMO.doc SW CHAMBERS, LLC July 8, 2009 Ms. Donna Bechler Weld County Deputy Clerk 915 10th Street Greeley, CO 80631 RE: Request for Collateral Release — WCR 25 Dear Ms. Bechler, Please accept this correspondence as a formal request for collateral release of the warranty bond that is in place per the requirements of Weld County for the roadway work that was completed on CR 25 by SW Chambers, LLC. On Julyl, 2009, Premiere Paving,. Inc. made the final repairs to the roadway section which was inspected and signed off by inspector Rich Hastings of Weld County. As we have fulfilled our obligations, we respectfully request that we be scheduled before the BOCC to present our request for release of collateral. We appreciate you assistance. enallo Authorized Agent 7600 E Orchard Rd., #370 South, Greenwood Village, CO 80111 Bus (303) 534-1040 Fax: (303) 534-6700 Page 1 of 5 Donna Bechler From: Jon Benallo [Jon@swinvest.com] Sent: Wednesday, July 08, 2009 1:57 PM To: Richard Hastings; Mark Campbell Cc: David Bauer; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Donna Bechler Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444)- Collateral Release Attachments: 20090708135158419.pdf Rich, Attached is the letter requesting the release of collateral for CR 25? Thank you for all of your assistance and please let us know when the BOCC hearing is. Best regards. J From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Wednesday, July 08, 2009 9:23 AM To: Jon Benallo; Mark Campbell Cc: David Bauer; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Donna Bechler Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444)- Collateral Release Jon, You can send the memo, requesting collateral release, to me as an attachment via email. The Clerk to the Board information, in case you still need it, is as follows: Donna Bechler Weld County Deputy Clerk 915 10th Street P.O. Box 758 Greeley, CO 80631 Thanks, Rich From: Jon Benallo [mailto:Jon@swinvest.com] Sent: Wednesday, July 08, 2009 9:03 AM To: Richard Hastings; Mark Campbell Cc: David Bauer; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Donna Bechler Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444)- Collateral Release I will get the memo out today. Can you send me the contact info for the Clerk (name, address, etc.) Thank you. 7/8/2009 Page 2 of 5 J From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Wednesday, July 08, 2009 9:01 AM To: Jon Benallo; Mark Campbell Cc: David Bauer; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Donna Bechler Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444)- Collateral Release Jon, The protocol for collateral release is as follows: 1. I write a memo to the Clerk to the Board requesting to be placed on the BOCC Hearing Agenda to present your request for release of collateral. 2. At the hearing, I will tell the Board that Public Works has inspected the work and found it to be acceptable and then the Board will approve, through resolution, the release of collateral. 3. The Clerk to the Board will then send the resolution and original bond (#5033938) to Bond Safeguard Insurance Company and send the resolution and a letter to SW Chambers informing you that the collateral is no longer required. The hearing should take place either next Monday (7-13-09) or next Wednesday (7-15-09). Let me know if you have questions or need further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us From: jon@swinvest.com [mailto:jon@swinvest.com] Sent: Tuesday, July 07, 2009 9:01 AM To: Richard Hastings; Mark D. Campbell Subject: Re: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Rich, Per our conversation last Thursday, please accept this as a formal request for Final Acceptance as all work on CR 25 has been completed and inspected by Weld County. We are also requesting that the 1 year warranty bond that is currently being held by the County be released to us. Thank you J Sent via BlackBerry by AT&T 7/8/2009 Page 3 of 5 From: Richard Hastings Date: Tue, 30 Jun 2009 07:45:12 -0600 To: 'jon@swinvest.com'<jon@swinvest.com> Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Jon, The extension is one of the topics for the 9:00 a.m. meeting today. The outcome of today's on - site meeting with you and PPI will also be reviewed relative to whether an extension on calling on the bond is in the best interest of the County. Thanks, Rich From: jon@swinvest.com [mailto:jon@swinvest.com] Sent: Tuesday, June 30, 2009 7:37 AM To: Richard Hastings Subject: Re: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) What about the extension on calling the bond Sent via BlackBerry by AT&T From: Richard Hastings Date: Tue, 30 Jun 2009 07:31:49 -0600 To: 'jon@swinvest.com'<jon@swinvest.com> Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Jon, I have a 9:00 a.m. meeting today but I could be on -site at WCR 25 as early as 11:30 a.m. today. I will leave my office around 8:30 a.m. for the morning meeting so you will have to reach me by cell phone after that time. Let me know what time works best for you and PPI today. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us From: jon@swinvest.com [mailto:jon@swinvest.com] Sent: Monday, June 29, 2009 5:02 PM To: Richard Hastings Subject: Re: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Can you meet me and ppi on site tomorrow. Obviously we are pressed for time so would like to see if we could get to weeks end to complete the work Thank you 7/8/2009 Page 4 of 5 J Sent via BlackBerry by AT&T From: Richard Hastings Date: Mon, 29 Jun 2009 11:17:57 -0600 To: 'Jon Benallo'<Jon@swinvest.com> Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Jon, I conferred with Weld County Legal Department staff relative to necessary completion dates for repair work and the corresponding time necessary for Weld County to contact the associated bond company in order to call on the bond. The date I was given was this Wednesday (7/1/09) for the repairs to be completed and inspected. I will also discuss this with our County Engineer as soon as he returns from an earlier meeting today. I'll let you know if the completion date changes. Thanks, Rich From: Jon Benallo [mailto:Jon@swinvest.com] Sent: Monday, June 29, 2009 9:14 AM To: Richard Hastings Cc: Mark Campbell; David Bauer; Wayne Howard; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Sam Kingsfield Subject: RE: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Rich, Russ Otterstein from PPI was out last week to look at the roadway, but I have yet to hear from him. I want to make sure we are all communicating to get this resolved and into final acceptance. I will follow up with Russ to see where they are, but do you think it is necessary to meet onsite to make sure we are all on the same page? Obviously your comments with regard to the Bond that is in place are concerning and we do not in any case want the Bond called. Please call to discuss. Thank you. From: Richard Hastings[mailto:rhastings@co.weld.co.us] Sent: Friday, June 26, 2009 10:52 AM To: Jon Benallo Cc: Mark Campbell; David Bauer; Wayne Howard; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries; Sam Kingsfield Subject: FW: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Jon, 7/8/2009 Page 5 of 5 Attached are photos, I took yesterday(6-25-09), of the pavement problems mentioned below, as well as the unrepaired culvert at the Coyle residence (WCR 9046) entrance. Let me know if you have any questions or require further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us From: Richard Hastings Sent: Thursday, June 25, 2009 3:43 PM To: 'Jon Benallo' Cc: 'mark@swinvest.com'; Sam Kingsfield; David Bauer; Wayne Howard; Don Dunker; Donald Carroll; Josh Holbrook; Stephanie Arries Subject: Asphalt Failures on WCR 25, north of WCR 18 (USR-1444) Jon, Today(6-25-09), I surveyed the area paved by PPI for SW Chambers and noticed new areas of asphalt tearing and separation at previous patch sites. These areas will need to be repaired immediately, since the collateral(Replacement Bond #5033938) expires on 7-7-09. I have notified the Weld County Legal Department to begin proceedings to contact Bond Safeguard Insurance Company and call on the bond, if the repairs are not initiated as soon as possible, prior to expiration of the bond. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 7/8/2009 Donna Bechler From: Sent: To: Cc: Subject: Chris Gathman Monday, July 20, 2009 8:19 AM Donna Bechler Richard Hastings RE: SW Chambers, LLC - Collateral Release for "North WCR 25 Segment" Donna, Since this collateral involves off -site maintenance issues (under the purview of Public Works), Planning is not involved with this release of collateral. Therefore no memo is necessary from Planning for this. Let me know if you have any questions. Chris Original Message From: Richard Hastings Sent: Monday, July 13, 2009 10:32 AM To: Donna Bechler Cc: Don Dunker; Donald Carroll; Francie Collins; Chris Gathman; David Bauer; Stephanie Arries Subject: RE: SW Chambers, LLC - Collateral Release for "North WCR 25 Segment" Donna, I took the memo to Francie this morning but I asked that it not be placed on the agenda till next Monday (7-20-09) as we have not received this month's payment from them for $29,048.45 It was due 6-31-09. Jon Benallo/SW Chambers said, via email, that we should receive payment today or tomorrow. This release of collateral is for an off -site Long Term Road Maintenance Agreement which usually does not involve Planning. Chris Gathman is the planner but he is on vacation till next week. I left Chris a message. Also could you send me the word version for Doc.# 2008-1212 (Zadel/NCCI)? Thanks, Rich From: Donna Bechler Sent: Monday, July 13, 2009 9:18 AM To: Richard Hastings Subject: SW Chambers, LLC Good morning, Rich, I was checking to see if you had the paperwork for releasing collateral for SW Chambers, LLC. I received the memo requesting the release from them last week, so we can add it to an agenda when we receive the memos from Planning and Public Works. We will need the paperwork by 10:00 this morning if you want it placed on Wednesday's agenda, or by 5:00 on Thursday for next Monday's agenda — whichever one works best for you. Thanks, Donna Cie MAINTENANCE BOND Bond No. 5033938 KNOW ALL MEN BY THESE PRESENTS: That S W Chambers, LLC, 7600 E. Orchard Road, #370 South, Greenwood Village, CO 80111, as Principal, hereinafter called Contractor, and Bond Safeguard Insurance Company, 1919 S. Highland Avenue, Bldg. A -Suite 300, Lombard, IL 60148, as Surety, hereinafter called Surety, are held and firmly bound unto Weld County, 1111 H Street, P.O. Box 758, Greeley, CO 80632, as Obligee, hereinafter called Owner, in the penal sum of Ninety Thousand and 00/100 Dollars ($90,000.00), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: Heit — Roadway Improvements in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of One (1) Year from the date of substantial completion of the work provided for in the Plans, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 7th day of July, 2008. S W Chambers, LLC Co Boa44, rU 8y 4✓el�o Lod ch eer 'Jeep to the 470. 140Ysect o�etSeZes Boa_ o e >j2, by Principal (Seal) By: 496(4,0 /7 Title Bond Safeguard Insurance Company Surety By: s., L J2-( Irene Diaz, Attorney-iat 1 POWER OF ATTORNEY AO 59356 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURAN�E �OMP NY an II!}r�is Coroorat�n with its James I. oore, rene mz, onme a Step en azmer, wn organ, principal office in Lombard Illinois, does hereby constitute and appoint: Peggy Faust, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman, Heather A. Beck, t anese m. nscmno its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/09 CERTIFICATE ye Maureen K. Aye /I Mary Public ll I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 7th Day of July 20 08 Donald D. Buchanan Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." a5 State of Illinois } } ss. County of DuPage } On July 7, 2008, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Irene Diaz known to me to be Attorney -in -Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 4/23/2009 Elaine Marcus, Notary Public OFFICIAL SEAL ELAINE MARCUS NOTARY PUBLIC • STATE OF ILLINOIS MY COMMISSION EXPIRES:04/23/09 Hello