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Home My WebLink About20072932.tiff RESOLUTION RE: APPROVE OFF-SITE ROAD IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1584- GERRARD EXCAVATING, INC. 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: Part 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 Off-Site Road Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrard Excavating, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Subdivision Performance Bond #104773586 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $197,798.33, 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 Off-Site Road Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrard Excavating, Inc., be, and hereby is, approved. 2007-2932 6til f� PL *9A_ PL1872 /e—//-O7 IMPROVEMENTS AGREEMENT - GERRARD EXCAVATING, INC. PAGE 2 BE IT FURTHER RESOLVED that Subdivision Performance Bond #104773586 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of$197,798.33, 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. BOARD OF COUNTY COMMISSIONERS R ' , i ,f COUNTY,_ o C LORADO F 1411:6;* of J V'.+� (�^ ATTEST: A F 1.E� � David E. Long, Chair Weld County Clerk to this <' / ; � :"mil` { William J rke -r. Tem BY: O L7 Dep Cler a to the Board W' 'am F. Garcia Robert D. Masden ounty Attorney / ougla Rademache Date of signature: °laI OR 2007-2932 PL1872 t tt MEMORANDUM IncDATE: 9/11/2007 TO: 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. ti d X J o ny �r*i o 30 ' ' na o iz rnp W 1-< cn SERVICE.TEAM WORK INTEGRITY.QUALITY 2007-2932 a 977 COUNTY OF WELD, STATE OF COLORADO OFF-SITE ROAD IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this (1 M day of SQ J-Ft hA i 2007, by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and Gerrard Excavating, Inc., hereinafter called "GERRARD", 1739 S. County Road 13C, Loveland, Colorado 80537. WHEREAS, the owner has acquired Use by Special Review approval from the COUNTY for an operation facility in the Commercial and Industrial Zone District (construction business with two shop buildings, an office, and outdoor storage) in the previously (Agricultural) Zone District on approximately 42 acres, (USR-1584) located in the SW 1/4 of Section 18, Township 5 North, Range 67 West of the 6`h P.M. Weld, Colorado. WHEREAS, the operation facility generates an increase of heavy vehicle traffic, and WHEREAS, the existing COUNTY road that serves the operation facility shall require increased maintenance and improvement due to the increase in heavy vehicle traffic, and WHEREAS, COUNTY and GERRARD have reviewed maintenance and improvements proposals put forth by GERRARD and both parties agree that such improvements will enhance the accessibility and safety of the road that serves said operation facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set, forth, COUNTY and GERRARD mutually agree as follows: Improvements A. Pavement shall be required for Weld County Road (WCR 13) from the Union Pacific Railroad crossing north to U.S. Highway 34, a distance of approximately 2800' feet as shown on the plot plan, Sheet 01, dated 7/14/2006. GERRARD d shall provide a pavement design and road construction plans for that portion of WCR13. g B. GERRARD shall complete the On-site and Off-site Improvements Agreement associated with the proposed operations facility and shall complete the g improvements to WCR 13 as outlined in this agreement prior to commencement irm of truck traffic from the operations facility. =_—_ „ 1. GERRARD shall commence working on WCR 13 improvements within six (6) m—Zio y months of signing this agreement and complete the improvements in —moo approximately six (6) months from the start of the road construction. mis o pro N v C. GERRARD will provide testing services and inspection for the construction of the =oo improvements. The COUNTY will provide oversight. A licensed professional Coo engineer, registered in the State of Colorado, shall provide the COUNTY with a s re letter that certifies the proper installation of the improvements. E S co T D. GERRARD shall pay 100% of the cost of the improvements on WCR 13 from the Union Pacific Railroad crossing north to U. S. Highway 34. See attached Exhibit. E. The improvements shall include construction of adequate turning radii at the main operations facility access onto WCR 13 and asphalt paving a 24-foot width of WCR 13 between the Union Pacific Railroad crossing to U.S. Highway 34. The improvements shall also include construction of four foot wide gravel shoulders where possible between the Union Pacific Railroad crossing to U.S. Highway 34. F. It is GERRARD's responsibility to complete all the WCR 13 construction improvements detailed herein. GERRARD shall be responsible for all utility locates, ROW clearances, coordination with oil and gas operators and facilities, coordination with affected railroad facilities, coordination with affected irrigation facilities, traffic control and project safety during construction. All applicable OSHA, CDOT, CDPHE and other regulatory agency requirements shall apply. G. GERRARD shall provide the COUNTY with engineering design and construction drawings that detail the required improvements. The plans shall consist of, at a minimum; main entrance intersection layout and grading, road cross section, approach road, adequate turning radii, Great Western Railroad Crossing, and a geotechnical engineering report that provides the results of an existing condition investigation, and recommendations on depth of asphalt overlay to accommodate heavy truck traffic. These plans will require approval by the Public Works County Engineer or his representative. A licensed professional engineer, registered in the State of Colorado, must prepare the construction plans. The plans, when reviewed and accepted, will constitute a section of this agreement. They will be attached hereto and referenced as Exhibit "A". H. For the above referenced segment of WCR 13, the COUNTY shall require a minimum 12 inch thickness of acceptable road base beneath the thickness of asphalt paving recommended by a geotechnical engineer arranged for by GERRARD. Before the installation of asphalt paving, the inspector/geotechnical engineer and the COUNTY shall inspect the subgrade to verify the presence of a minimum of 12 inches of acceptable road base. The inspector/geotechnical engineer and the COUNTY shall review compaction tests and verify an acceptable proof roll. If the inspection, tests, and proof roll meet the COUNTY's road construction criteria, the subgrade shall be accepted by the COUNTY. Asphalt paving, in accordance with the recommendations of the above referenced geotechnical report, shall be performed following acceptance of the WCR 13 road base. J. The COUNTY (Public Works) shall be notified of road base preparation, proof roll, and asphalt paving activities three days in advance of the commencement of those activities. K. GERRARD is hereby notified that, per Weld County Code, road closures that exceed three days in length require approval of the Board of County Commissioners. Scheduling Board of County Commissioners road closure hearings requires a period of not less than two (2) weeks prior notice. GERRARD is requested to provide at least three (3) weeks notice of proposed WCR 13 road closures. 11111111111111111111111111111IIII111111III111111111IIII 3508977 10/05/2007 12:04P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P L. GERRARD or it's engineer shall provide a safety and traffic control plan for WCR 13 to be instituted during the construction of the proposed improvements. M. All construction and material controls for a project will be in accordance with the current Standards Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the most current Manual on Uniform Traffic Control Devices. N. A Weld County Right of Way(ROW) permit shall be required for all work within the ROW. GERRARD shall obtain the ROW permit from the Department of Public Works. Security and Warranty O. GERRARD shall warrant the WCR 13 improvements for a period of one year after completion and COUNTY acceptance of said improvements as being completed in accordance with the engineering design and construction plans. P. Prior to commencement of construction of the WCR 13 improvements, GERRARD shall provide the COUNTY security in the form of a performance bond, letter of credit, or other financial mechanism conforming with COUNTY policy on collateral for improvements to roads or highways. The amount of such security shall be 100% of the estimated cost of the WCR 13 improvements. The performance bond, letter of credit, or other financial mechanism shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be released during the one year warranty period described in Paragraph O and will remain available to Weld County until released by Weld County. Q. Upon completion of construction of the WCR 13 improvements, the registered professional engineer referenced in Paragraph C above shall issue a letter (Statement of Substantial Compliance), certifying proper installation and completion. Following submittal of the Statement of Substantial Compliance, GERRARD may request release of the collateral for the completed portion of the project subject to a Warranty Collateral in the amount of fifteen (15) percent of the cost of the improvements as specified in Exhibit A of this Agreement. Maintenance R. Upon completion of the one-year warranty period described in Paragraph O above, the COUNTY shall assume responsibility of the maintenance of WCR 13. When the County accepts the improvements and assumes responsibility for the maintenance of the improved portion of WCR 13, the County shall release the remaining Warranty Collateral upon receipt of written request to do so from GERRARD. 111111111111111111 IIII 1111111111111111 111 11111 IIII IIII 3508977 10/05/2007 12:04P Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -di- CDOT Improvements S. GERRARD shall address all the Colorado Department of Transportation (CDOT) access issues at the intersection of U.S. Highway 34 and WCR 13. The COUNTY shall cooperate in a timely manner in providing any information requested of the COUNTY by CDOT for this purpose. Dust Control T. Should GERRARD's site activities and/or truck circulation patterns change in the future such that a significant portion of the GERRARD-sourced traffic does not travel north on the paved portion of WCR 13 and instead utilizes the unpaved portion of WCR 13 south of their site to the intersection of WCR 54 and it is determined by the County that dust control is required on the unpaved portion of WCR 13, dust control measures to protect the public health, safety, and welfare will be instituted. The proportionate share of dust control costs to be paid by GERRARD will be determined by traffic counts that identify traffic loading due to GERRARD-sourced traffic. The amount and extent of dust control measures will be determined by site-specific conditions at the time. 1. Prior to the start of the operation facility, the COUNTY AND GERRARD will document the existing condition of the roadways. Insurance During Construction Period U. During the construction period, GERRARD shall maintain adequate worker's compensation insurance and public liability insurance coverage (naming Weld County as an additional named insured), and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. Nothing herein shall be construed to relieve GERRARD or any third-party from normal liability to the COUNTY for the cost of damages to the aforementioned roadways that may be caused by the negligence or unlawful acts of GERRARD or a third-party. Successors and Assigns: V. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of GERRARD. 1. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God, strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations, but shall not excuse the performance of such obligations as soon as reasonably practical. The parties may, however, mutually consent to excuse a party from performing any obligation, in whole or in part, upon a showing that performance has been rendered impracticable by reason ofFORCE MAJEURE. I IIIIII IIIII 111111 Iiii 1111111 liii 111111 III 11111 1111 I11I 3508977 10/0512007 12:04P Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of the other party. Such consent will not be reasonably withheld, conditioned, or delayed. 3. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the intention of the parties that the remainder of this Agreement shall not be affected. 4. Should GERRARD sell its operation, cease operating, file bankruptcy, or in any way release ownership and responsibility of the permitted property, this Agreement as set forth herein, shall continue in full force with the property's successor. If the aforementioned release should occur before the expiration of the warranty period, GERRARD shall give a minimum notice of ninety (90) days to the COUNTY before the date of transfer. 5. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement except for GERRARD's successor(s). It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 6. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint venture or partnership. Except as provided herein, neither party shall have the right or authority to act for, or on behalf of, or to enter into, any obligations which are binding on the other party of this Agreement. 7. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed by certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service, to the party to receive such notice at the following addresses: Weld County Board of Commissioners (COUNTY) P.O. Box 758 Greeley, CO 80632 Gerrard Excavating, Inc. (GERRARD) 111111 11111 111111II 1111111 1111 111111 LII 11111111111 Road 13C 3508977 10/05/2007 12:04P Weld County, CO 1739 S. County 5 0l 7 R 0.00 D 0.00 Steve Moreno Clerk& Records Loveland, Colorado 80537 8. All notices shall be effective upon receipt by the party to receive such notice, or by the third day following deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgement of refusal of delivery of said notice. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. WHEREFORE, parties have hereunto set their hands and seals the date and year first written above. GERRARD EXCAVATING, INC. By: `\\ s01.!1. L O Title a/cc Pe- toc^re N O r �` :It -a Subscribed and sworn to before me this 5 day of ,ccp4em r = y'.:, 2007 �'... 44BLIC ;` c My Commission expires: Notary Public: Q '' cOIOCflints"`P .° /l—/lo - /O ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO LISA / Weld County Clerk to the Board e ti 12 By. dE. Lon Chair . g' S 1 7 2007 APPROVED AS TO FORM: eld County Attorney M:/Planning—Development Review/USR-Use By Special review/USR-1584 Gerrard Off Site ImproveFinal(2).doc 1 11111 111 1111 1113 III!111111 III 111111111 III! 6 3508977 R I 0.00 2D 7 0.00 12:04P Weld Cn Steve MorenooClerk&C Recorder ao,c -a9S Name of Development: USR-1584 Location: From U.S. Highway 34 S '/2 mile to Union Pacific Railroad Crossing(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 Street grading 7578 SY 3.35 $25,386.30 Street base 2526* Ton 12.8 $32,332.80 Street paving 7578 SY 11.65 $88,283.70 Curbs,gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements 2827 LF 1.25 $3,533.75 RipRap 2 Each 240.00 $480.00 Sanitary sewers Trunk and forced lines Mains 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 _ Park improvements mima Road culvert 25 LF 97.50 $2,437.50 8 Grass lined swale Telephone vcc etl Demolition 1 LS 700.00 $700.00 Electric =e3 Water transfer — o 0 .7, 26) SUB-TOTAL: =3z 0J Engineering and Supervision Costs $ $45,124.28 moo'' Ny (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of T o actual construction by contractors). * -Per Paragraph H of this agreement. aI O INc TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $197,798.33 =in o —oo mim The above improvements shall be constructed in accordance with the approved Weld County Road 13 t.,F- plans prepared by Nolte Engineering, and conformance with this provision shall be determined solely by =rn Weld County, or its duly authorized agent. mom co 0 0)N I Said improvements shall be completed according to the construction schedule set out in Paragraph B. rZ- {7 .4,e_SUBDIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA �-74 PERFORMANCE Hartford, Connecticut 06183 BOND (Annual Premium until Released by Obligee) Bond No.: 104773586 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 One Hundred Ninety Seven Thousand Seven Hundred Ninety Eight and 33/100 -- ($197,798.33) 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 Off-site Road 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 S"' , 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 S atr day of September, 2007. Gerrard Excavating, Inc. (Principal) By: Travelers Casualty and Surety Company of America •S•©7 Steven J. Ewing, Attorney-in-Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER W 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 No0 017 0 5131 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 Attorney(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 petamttiedin anyyaions or proceedings allowed by law. 21st IN WITNESS WHEREOF,the Companies have caused this instrument td'be signet and their corporate seals to be hereto affixed,this June CU day of 7 Farmington Casualty CpnipSto' . ' s St.Paul Guardian Insurance Company Fidelity and Guarantyllusbrance 6ompany a ' St.Paul Mercury Insurance Company Fidelity and Guaranty Insuitce'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 ��ss �GLBO,4t Y` r eIY)Y �ti 4' pt. !M,f`9 JP+ NS4gq ,PQ',NOI 11n.0 N 6 n ONN,t,iy Y f11MY09N Jr f' a 9 A e G,9:3 o D G ,�.vrart _ T r. . o C' yy`^NrcF'5�^ �J 9 y 't/h co �tlSE ALit,1 vs SB \��' I1/4� del o* a:'.xas ��//j -tit/aaS 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. p,T[T In Witness Whereof,I hereunto set my hand and official seal. ' 'TAR W w� 1. • My Commission expires the 30th day of June,2011. * *Demoh* Marie C.Tetreault,Notary Public t7„ 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 J 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 Surrety,Company,tdf America„and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tme and correct copy of the Power otAltomyy'executed by 441 Companies,which is in full force and effect and has not been revoked. w.n ya< • IN TESTIMONY WHEREOF,I have hereunto set my hand andag itd the seals at satyt companies this day of ,20 ty „ k t Kori M.Johans Assistant Secretary _c![RY SIIFF)Y xE R \F,N �xs4 t� ss< a�• xos r° Y4 E';'.;74/. set * k to t q rt° �LL `�® g �F\ �apRP R P m y�pPPRRR f i „ %�1F 19Z� �:wrt.: ( , Keca mq + yR Yk c s.SE AL�oJ '1• i gi ,,p sY. '� \urn('N' „Nce !S• tR +r �P° . n+ . A A1NS` To verify the authenticity of this Power of Attorney,call I-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