HomeMy WebLinkAbout20072931.tiff RESOLUTION
RE: APPROVE ON-SITE ROAD IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL
REVIEW PERMIT#1584 - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
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 February 14, 2007, the Weld County Board of Commissioners approved
Use by Special Review Permit#1584, for Gerrard Family Limited Partnership, LLLP, 1739 South
County Road 13C, Loveland, Colorado 80537, for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial and Industrial Zone Districts (construction
business with two shop buildings, an office, and outdoor storage) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Pad of the SW1/4 of Section 18, Township 5 North,
Range 67 West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an On-Site Road 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 Gerrard Family Limited
Partnership, LLLP, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Subdivision Performance Bond
#104773587 from Travelers Casualty and Surety Company of America, One Tower Square,
Hartford, Connecticut 06183, in the amount of$70,920.27, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Performance Bond as stated above, copies of which are attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the On-Site Road 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 Gerrard Family
Limited Partnership, LLLP, be, and hereby is, approved.
2007-2931
((' : f � ( i0, �� PL1872
IMPROVEMENTS AGREEMENT - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
PAGE 2
BE IT FURTHER RESOLVED that Subdivision Performance Bond #104773587, from
Travelers Casualty and Surety Company of America, One Tower Square, Hartford,
Connecticut 06183, in the amount of$70,920.27, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 17th day of September, A.D., 2007.
,,, BO D OF COUNTY COMMISSIONERS
..,,te ` WE�OUNTY, COL RADO
ATTEST: 1,&5; ' V y
k � David E. Long, Chair
Weld County Clerk totk- :p i c�
Y
if \� William I�. Je:rem
BY: �� 1 �a4� G/�!// CJ
De ty i Cle i to the Boar 7
William F. Garcia (�
APPR /ED AST M`�
Robert D. Masden
ounty Attorney
/ f3 gla ademache
Date of signature: I D `C
2007-2931
PL1872
‘4O:VD, MEMORANDUM
Ii`PC TOTE 11/2007
Board of County Commissioners
COLORADO
FROM: Brad Mueller, Planning Services
SUBJECT: Acceptance of Collateral for USR-1584
On September 7, 2007, the Department of Planning Services received two sets of collateral for
USR-1584 (Gerrard Family Limited Partnership LLLP & Gerrard Excavating, Inc.) in the form of
Subdivision Performance Bonds in the amounts of $70,920,27 (On-Site Improvements) and
$197,798.33 (Off-Site Improvements).
Copies of both Bonds and the accompanying Improvement Agreements are attached. The
required improvements are attached to each Improvements Agreement. A significant
improvement includes the paving of County Road 13 for one quarter mile from the site to the
intersection of Highway 34.
The Improvements Agreements have been reviewed by the Departments of Public Works and
Planning Services, as well as the County Attorney's Office. Although the Agreements vary
somewhat significantly from the County's standard format at the applicant's request, these
changes are acceptable to all parties. It has been determined that the amount of collateral is
sufficient to cover the proposed improvements.
The Departments of Planning Services and Public Works recommend acceptance of this
collateral and these Improvements Agreements.
N rn of p�
H xrn
0 -0 30
IT N N Q
fn rn-i
C) ttiN-<
N
SERVICE.TEAMWORK.INTEGRITY,QUALITY
2007-2931
ON-SITE IMPROVEMENTS AGREEMENT
9j ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this L""day of`7QRhM& 1 2007, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Gerrard Family Limited Partnership, LLLP,
hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following
described property in the County of Weld, Colorado:
Part of SW '4 of Section 18,Township 5 North,Range 67 West of the 6t'P.M.,Weld County,
Colorado
WHEREAS,a Final USR(Use by Special Review) plat of said property, to be known as
USR-1584, has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final
Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the
Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of
the public improvements shown on plans, plats and supporting documents of the Subdivision Final
Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time
schedule for completion, are listed in Exhibits "A" and "B" Of this Agreement.
NOW,THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the On-Site improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for certain improvements within
the Site to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the On-site
improvements listed on Exhibit" A," which is attached hereto and incorporated herein by
1111111 11111 111111 IIII 1111111 IIII 111111 III VIII IIII IIII
3508978 10/05/2007 12:04P Weld County, CO dloe9- blz
1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
reference, according to the construction schedule set out in Exhibit "B" which is also
attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such improvements.
Whenever a Subdivision or Planned Unit Development, is proposed within three
miles of an incorporated community located in Weld County or located in any
adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards, those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said On-Site improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
4.0 Insurance During Construction Period: During the construction period, Applicant's general
MEMc 43) contractor shall maintain adequate worker's compensation insurance and public liability
- g insurance coverage (naming Weld County as an additional named insured), and shall
mimo operate in strict accordance with the laws and regulations of the State of Colorado
�0°d governing occupational safety and health.
-g CD
ov 5.0 General Requirements for Collateral:
a0 c
3o 5.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred
�, percent (100%) of the value of the improvements as shown in this Agreement. Prior to
—% �d Final Plat approval, the applicant shall indicate which of the five types of collateral
y preferred to be utilized to secure the improvements subject to final approval by the Board
- c of County Commissioners and the execution of this Agreement. Acceptable collateral
E G shall be submitted and the plat recorded within six (6) months of the Final Plat approval.
NE-N If acceptable collateral has not been submitted within six (6) months then the Final Plat
=o o approval and all preliminary approvals shall automatically expire. Applicant may request
�--� that the County extend the Final Plat approval provided the cost estimates are updated
a m and the development plans are revised to comply with all current County standards,
o,
=-rn
mmmoo
OD N 2of 9 •••
•
policies and regulations. The improvements shall be completed within one (1) year
after the Final Plat approval (not one year after acceptable collateral is submitted)
unless the applicant(s) requests that this Agreement be renewed at least thirty (30)
days prior to its expiration and further provides that cost estimates for the
remaining improvements are updated and collateral is provided in the amount of
One-Hundred percent (100%) of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement not renewed within
these time frames, the County, at its discretion, may make demand on an or a portion Of
the collateral and take steps to see that the improvements are made.
5.2 The applicant may choose to provide for a phased development of a Planned Unit
Development Final Plat, or Subdivision Final Plat, or Use by Special Review. The
applicant would need only to provide collateral for the improvements in each phase as
approved. The County will place restrictions on those portions of the property that are
not covered by collateral which will prohibit the conveyance of the property or the
issuance of building permits until collateral is provided or until improvements are in
place and approved pursuant to the requirements for a Request for Release of Collateral.
5.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
6.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to final approval by the Board of County Commissioners.
6.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a
form approved by Weld County. The Letter of Credit shall state at least the following:
6.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent
(100%) of the total value of the improvements as set forth in Exhibits "A" and
6.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if
the developer has not performed the obligation s specified in the Improvements
Agreement and the issuer has been notified of such default.
6.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
6.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
- o unreleased portion of the Letter of Credit shall be equal to a minimum of One-
- Hundred percent (100%) of the estimated costs of completing the uncompleted
si-it; portions of the required improvements, based on inspections of the
development by the issuer. In no case shall disbursement for a general
e�, improvement item exceed the cost estimate in the Improvements Agreement
6. c (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
�? u Letter of Credit will sign the Improvements Agreement acknowledging the
ago
�3 1" agreement and its cost estimates.
6.1.5 The Letter of Credit shall specify that fifteen percent(15%) of the total Letter
boy of Credit amount cannot be drawn upon and will remain available to Weld
r—r 0 County until released by Weld County.
Inc 6.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
a Letter of Credit shall be either the d ate of release by We Id County of the
final fifteen percent (15%), or one year from the date of Final Plat approval,
—0
whichever occurs first. Said letter shall stipulate that, in any event, the Letter
T CC of Credit shall remain in full force and effect until after the Board has received
r-co sixty (60) days written notice from the issuer of the Letter of Credit of the
pending expiration. Said notice shall be sent by certified mail to the Clerk to
CO 03 the Board of County Commissioners.
3of 9
6.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
6.2.1 In the event property within the proposed development is us ed as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%) O f
the cost of the improvements as set forth in the Improvements Agreement plus
all costs ofsale of the property.
6.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent (100%) of the cost of
the improvements as se t forth in the Improvements Agreement plus all costs
of sale of the property.
6.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
6.2.4 A building permit hold shall be placed on the encumbered property.
6.3 Escrow Agreement that provides at least the following:
6.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the
amount specified in the Improvements Agreement.
6.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and will
not release any portion of such funds without prior approval of the Weld
County Board O f Commissioners.
6.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
6.3.4 If Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
6.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent (100%) of the value of
the improvements as specified in the Improvements Agreement.
6.5 A cash deposit made with the County equivalent to One-Hundred percent (100%) of
the value of the improvements.
7.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans
and specifications documenting the following:
7.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
1 111111 11111 111111 1111 1111111 111w11111lial III IIIII till
3508978 10/05/2007 12:04P Weld County, CO
a or 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorderre
7.2 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
7.3 The Statements of Substantial Compliance must be accompanied, if appropriate, by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
7.4 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
7.5 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the improvements by the County, the applicant(s)
may request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
7.6 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
8.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
1111111 11111 111111 IIII II'IIII IIII 111111 III 11111 lliI IIII
3508978 10/05/2007 12:04P Weld County, CO
5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
5of9
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement to be executed
on the day and year first above written.
GERRARD FAMILY LIMITED
PARTNERSHIP LLLP
By: NO7,4/? %.\-P
Title /•w^ = y i ? _=
�f'•. PUBLIC
Subscribed and sworn to before me this 5 day of S)r njw r F •P0O`�`
ta
My Commission expires: Nory Public:
//- /6-- /C‘
ATTEST: BOARD OF COUNTY COMMISSIONERS
40iJ�I.w,` TY,COLORADO
Weld County Clerk to the Board t ilia •ON
I ut- *
I 'Jai
4Cts
By: �G21� ( \ �'Y:
De ty Cle to the Boar � id E. Long, Chair SEP j 7 2007
APPROVED AS TO FORM:
d County Attorney
1 11111 1111 lilt 1111 HI I I I 11111 1111
3508978 10/05/2007 12:04P weld County, CO
d
6 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
6of 9
,77c 22-0293/
•
EXHIBIT A
Name of Development: USR-1584
Location: 27486 WCR 13, Loveland, Colorado 80537 (USR— 1584)
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they
do not apply)
Improvements Quantity Units Unit Estimated
Cost($) Construction Cost
Site grading Under grading
Driveway grading 1876 SY 1.20 $2,251.20
Driveway road base 626 Ton 12.40 $7,762.40
Driveway paving 1876 SY 11.40 $21,386.40
Detention ponds 3100 CY 1.75 $5425.00
Parking Lot grading 1204 SY 1.00 $1204.00
Parking Lot road base paving 402 Ton 12.40 $4984.80
Sanitary sewers
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping(6' trees) 28 Each 300.00 $8,400.00
Road culvert 144 LF 31.50 $4536.00
FES 4 Each 365.00 $1,460.00
Outlet Structure 1 Each 3780.00 $3,780.00
Demolition
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $ $9,250.47
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of
actual construction by contractors).
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $70,920.27
1 111111 11111 111111 1111 1111111 1111 111111 III 11111 IIII 1II1
3508978 10/05/2007 12:04P Weld County, CO
7 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
7of9
EXHIBIT"B"
I'hnse I of_'-Shop mild
Name of subdivision 4,‘es.dr9ceaa)to sir.empR e
sarking ui xho16 enJ,ac(
or Planned Unit Development: Gerrard Family Limited Partnership h,nufn.
Filing: USR-1584
Location: 27486 WCR 13,Loveland.CO 80537
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit
Development the following improvements.
All improvements shall be completed within 2.5 years from the date of approval of the final plat. Construction of the
improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Phase 1 Phase 2
Site grading
Street grading(driveway) __.. July-07_____
street base(driveway) September-07
Street paving(driveway)3 December-07
Curbs,gutters(phase 21 December-08
Sidewalk(phase 2) December-08
Storm sewer facilities 4
Retention ponds December 07
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunkand forced lines /
Mainsi`
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains(includes bore)
Fire Hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping(6'tall evergreens north side) May 08 „s
Park improvements ✓ r-s"..'"
Road culvert.(l5"rep at enr,ance,pond) July-07 December-07
FES
Outlet structure
rip rap pads
Grass lined swale
Telephone
Gastv
Electric ---- - - -1 .-......__._.........
Water transfer
Other parking are I rPt-shop- prep August-07 December-08
Other parking area all shop-road base December-07 December-08
Other puking itrca at,_east yawl prim . December-07
Other parking arca ca.:,east yard-road lase December-07
Note: The intent is to complete those elements necessary to support the maintenance of equipment by the winter of 2007. The
intent is to complet the office building and supporting parking area by the winter of 2008
11111111111IIIIIIIN11111111111111111 III IIIIItiIll!
9508978 10/05/2007 12.04P Weld County, CO
8 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
-4
Lcr
SUBDIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICAtjc
Hartford, Connecticut 06183 `"
PERFORMANCE
BOND
(Annual Premium until Released
by Obligee)
Bond No.: 104773587
KNOW ALL PERSONS BY THESE PRESENTS, That we, Gerrard Excavating Inc., , called the
Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, called the
Surety, are held and firmly bound unto County of Weld, State of Colorado, called the Obligee, in the
sum of Seventy Thousand Nine Hundred Twenty Dollars and 27/100 -- ($70,920.27) for the payment
thereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, in order to file a plat or subdivision map, or to obtain a permit, the Principal has entered
into a contract with the Obligee which requires the Principal make certain improvements to the land as
more particularly set forth in On-site Improvements Agreement (hereinafter referred to as the
"Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the
improvements described in the Contract on or before September Ch' , 2008 (or within such further
extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety),
then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject
to the following conditions:
1. This bond runs to the benefit of the named Obligee only, and no other person shall have any
rights under this bond. No claim shall be allowed against this bond after the expiration of one year
from the date set forth in the preceding paragraph, or one year from the end of the latest extension of
time consented to in writing by Surety, whichever occurs last. If the limitation set forth in this bond is
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the
reasonable cost of completing the improvements described in the Contract not completed by the
Principal, or the sum of this bond, whichever is less.
Signed this SVIday of September, 2007.
Gerrard Excavating, Inc.
(Principal)
j_
Travelers Casualty and Surety Company of America
By...7 O e 9 S °?
Steven J. Ewing, Attorney-in-Fact
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
V TRAVELERS POWER OF ATTORNEY
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 217948 Certificate No.0 0 17 0 512 9
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,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 Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity 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
Richard D.Herbert,Christine A.Herbert,Steven J. Ewing,and Bryan K. Brenning
of the City of Loveland ,State of Colorado ,their true and lawful Attomey(s)-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 perzp t &in any*tions or{rruceedings allowed by law.
' �r 21st
a
IN WITNESS tEWHEREOF,the Compieshave caused this instmment to be rgnell and their^coiporate seals to be hereto affixed,this
J Uf ,v
day of ,
p+z r
Farmington Casualty Company - \`.:\ xa St.Paul Guardian Insurance Company
Fidelity and Guaranty°Insuranee Caompapty , ' St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
a.—/e.,
_iw Zs
axaYID,.�pI.6 U.tr lFf rri. �ry� , ,E a414eO011�P 01'GgI /��! `9 CI;
� "40 Iyrwy Sf 2 arei'f+3r • 6 n * 1raat® YI 1927 vwr i GG,,r f��a i��pp i1951 m �,yre �;SEAL/o'r S �$,� �Ps-...4. ,.v. 0 \oney' c co: `'ss:rM ar r �"a \ ,State of Connecticut By:
City of Hartford SS. Georg Thompson, nior ice President
21st June 2007
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.,Seaboard Surety Company,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 he,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.
lin w /
In Witness Whereof,I hereunto set my hand and official seal.
1. C . ...
My Commission expires the 30th day of June,2011. * *41110 0_±.* Mane C.Tetreault,Notary Public
f(44.1 argr
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company-Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, 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,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance, or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, 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`,Companme,fif America,,and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power'o Atfomevysaaticdted by s4ItI Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand anckalffiled the seals lifsai4Oinpanies this day of ,20 _
r � a3t
Kori M.Johan Assistant Secretary
pP9ugt SINE)Y ®,®64 \M, MS4 P� 9 Pµi �Hn YprVti YNb
o dl44.0:41.44.
9 27 f ^'' Jo P44% P o,9 s . 3
? eaN Y P h L
9 1982 o F wan- ' m'I t ,� P ; 7 4 i m4 ta'o o,SE ALAS SBALrt \�• f "' at
4% � �' o,n tics` `vis ete1 tv ` f fF' �ArI A1N°'
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Hello