HomeMy WebLinkAbout920738.tiff pg23D3 ° RESOLUTION
RE: APPROVE FINANCIAL WARRANTY CORPORATE SURETY WITH SAFECO INSURANCE COMPANY
OF AMERICA FOR CONNELL RESOURCES, INC. /LAKU LANDING
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 May 23, 1990, the Board approved a Special
Review Permit for gravel mining, processing, and reclamation for Randall Hocking
and Philip Yastrow (Laku Landing) , and
WHEREAS, Condition of Approval #6 of said Resolution requires a bond to
ensure reclamation of the mining operation be provided to the Board, and
WHEREAS, the Board has been presented with a Financial Warranty Corporate
Surety, and a Continuation Certificate of such, with Safeco Insurance Company of
America for Connell Resources, Inc. /Laku Landing, commencing July 8, 1991, and
ending July 8, 1993, with the further terms and conditions being as stated in
said surety, and
WHEREAS, after review, the Board deems it advisable to approve said surety,
a copy of which is attached hereto and incorporated herein by reference,
conditional upon Randall Hocking and Philip Yastrow signing said surety.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Financial Warranty Corporate Surety, and a
Continuation Certificate of such, with Safeco Insurance Company of America for
Connell Resources, Inc. /Laku Landing be, and hereby is, approved, conditional
upon Randall Hocking and Philip Yastrow signing said surety.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 5th day of August, A.D. , 1992, nunc pro tunc
July 8, 1991.
(///�� /� /J�� /) BOARD OF COUNTY COMMISSIONERS
ATTEST: A / _ /_� //�j!// WELD COUNTY, COLORADO
Weld County/l Clerk{J to(/the�d EXCUSED
�t Geo Kennedy, Chairman
� i �
Deputy Cl rk o the Board Constance L. Harbert, Pro-Tem
APPROVED 'S) T ORM:( EXCUSED DATE OF SIGNING (AYE)
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County Attorney le
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W. H. Webster
B 1351 REC 02303990 09/18/92 15 :30 $0 .00 1/007 PL0689
F 1186 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920738
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ZE909 00V1:10100 1A31331:10-9SL XO8'O'd
JUL 16 1991
ANELD COUNTY
ATTORNEY'S OFFICE
WELD COUNTY HOARD OF COMMISSSONERS
•
FINANCIAL WARRANTY t
L y " '
CORPORATE SURETY
r_ r
Operator: CONNELL RESOURCES, INC.
Operation: Laku Landing
Permit No: Bond No: 5698355
Warrantor: SAFECO INSURANCE COMPANY OF AMERICA
KNOW ALL HEN BY THESE PRESENTS, THAT:
WHEREAS, USR 908 granted by the Board of County Commissioners of Weld County
( The "Board") on May 23, 1991 and The Weld County Zoning Ordinance § 24.43,
("Ordinance"), the applicant must provide certain Warranty (or Warranties).
WHEREAS, S'ONNFLL RESOURCES. INC. (the "Operator" ), a Colorado
corporation, is the operator for the applicants, Randall Hocking and Philip Yastrow,
who have obtained the USR for Gravel mining and other purposes for a mining
operation known as Laku Landing (the "Operation"). These lands
are described in Exhibit A, attached hereto, arid are referred to herein as the
"Affected Lands",
WHEREAS, in the application for the permit, the applicants have agreed to be bound
by all requirements of the Ordinance and the USR.
WEIEREAS, in the application for the permit, the applicant has agreed with the Hoard
to provide for reclamation of the Affected Lands that are now, or may become,
subject to the permit, as required by law.
SAFECO INSURANCE
WHEREAS, the operator, applicant, and COMPANY OF AMERICA (the "Warrantor"), a
corporation organized and existing under the laws of the State business in the
State of Colorado are hereby and firmly bound unto the State in the sum ofFOURTf`,N
THOUSAND FIVE HUNDRED SIX AND 47/100 Dollars (S-14.506.47--1 for a period of time
from July 8 , 1991 to July 8 , 1992 , for the payment
of which sum) well and truly made, we hereby bind ourselves and our personal
representatives, successors and assigns, jointly and severally, firmly by these
Presents.
WHEREAS, the Board has determined, in accordance with the Ordinance and USR,
that the estimated costs of reclamation of the Affected Lands are those amounts for
the stated periods of time as set forth herein. Said amount may be amended from
time to time to reflect revised estimates of said coats of reclamation,
WlItREAS, the Operator, the Applicant and the Warrantor, in accordance with the
Ordinance and USR, has promised and hereby promises the Board that it will be
responsible for all the estimated costs of reclamation with regard to the Affected
Lands. B 1351 REC 02303990 09/18/92 15 :30 $0 .00 2/007
F 1187 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WHEREAS, the Board has determined that this Financial Warranty by the Warrantor
equals the estimated costs of reclamation, as approved by the Board, with regards
to the Affected Lands.
NOW, THEREFORE, Lhe Operator, Applicant and the Warrantor are held hereby firmly
unto the County of Weld, State of Colorado in the amount of those sums for those
periods of Lime as set forth herein, until this Financial Warranty is amended or
released in accordance with applicable law.
The board may, for good cause shown, increase or decrease the amount and
duration of this Financial Warranty. The Operator shall have sixty (60) days after
the date of notice of any such adjustment to increase the surety amount, but no
such increase shall bind the Warrantor unless and until it shall have consented ,.,
thereto in writing by the issuance of an additional Financial Warranty or by an '-' w
endorsement of this Financial Warranty. tam ,u'.,
The Operator, Applicant and the Warrantor shall -notify the Board Immediately of any n
event which may impair this Financial Warranty. If the Board receives such notice, �C
or otherwise has reason to believe that this Financial Warranty has been materially y
impaired, it may convene a hearing in accordance with the Act for the purpose of z r''
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determining whether impairment has occurred. •
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The obligation of the Operator, Applicant and the Warrantor shall continue until the C
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Board has released this Financial Warranty or has ordered it forfeited in o
accordance with applicable provisions of the Act. It is understood that periods of ti
years may necessarily be required before determination can be made that H
reclamation of the Affected Lands has been satisfactorily completed. It is also z
recognized that, as reclamation is accomplished, Lhe amount of this Financial • n
Warranty may be reduced with the approval of Lhe Board so that it reflects the ri
then current estimated cost of the remaining reclamation of the Affected Lands. N
No revision, extension, or renewal of the permit, or of Lhe Lime allowed to complete
reclamation, shall diminish the Operator's, Applicants' or Warrantor's obligation
• o
under this Financial Warranty. No misrepresenLstion by the Operator or Applicants
which may have induced the Warrantor to execute this Financial Warranty shall be p
any defense to demand by the State under this agreement.
t7 49.
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In any single year during the life of Lhe o
permit, the amount of the Financial •
Warranty shall not exceed the estimated cost of fully reclaiming all lands to be • o
affected in said year, plus all lands affected in previous permit years and not yet, t"
a
fully reclaimed. Reclamation costs shall be computed with reference to current
reclamation costs. C,• u
0
The amount of this Financial Warranty is based upon estimates as to the cost of n o
O
reclamation, and does not operate to liquidate, limit, enlarge or restrict. the
Operator's obligations to complete reclamation and to comply in all respects with the
permit and with applicable laws and regulations governing reclamation, even though
the actual cost thereof may substantially exceed the amount of this Financial
Warranty.
The Warrantor shall not be liable under this Financial Warranty for an amount
greater than the sum designated herein, unless increased by a later amendment to
this Financial Warranty. This Financial Warranty shall be reviewed by the Board
from time to time, and the Board may require an increase in the principal sum of
this Financial Warranty (and a corresponding increase in the surety amount) to
cover increases in the estimated costs of reclamation, but no such increase shall
bind the Warrantor unless and until IL shall have consented thereto in writing by
the issuance of an additional Financial Warranty or by an endorsement of this
Financial Warranty.
l C..
•
The Warrantor reserves the right to cancel this Financial Warranty, effective only
upon an anniversary date, and only by giving written notice to that effect, mailed
by Certified Mail, at least ninety (90) days prior to such anniversary date,
addressed to the Operator at its address herein stated, Applicants at the address
stated herein, and to the Board at the address stated herein. In the event of such
cancellation, this Financial Warranty shall nevertheless remain in full force and
effect as respects Lhe reclamation of all areas disturbed prior to the effective date
of such cancellation, unless and until the operator and Applicants shall file a
substitute Financial Warranty which: (1) assumes liability for all reclamation
obligations which shall have arisen at any Lime while this Financial Warranty is in
force; and (2) is accepted in writing by the Board.
In the event of such cancellation, if the Financial Warranty is not fully released,
the amount of the continuing Financial Warranty available for the reclamation of
areas disturbed and unreclaimed at the date of cancellation shall be fixed by the
Board at the amount it determirx s necessary W Complete such reclamation (which
amount may not exceed the sum designated herein and the Board shall concurrently
identify such areas in writing, and notify the Warrantor, Applicants and the
Operator thereof. Thereafter, the obligation of the Warrantor shall be limited to
reclamation of the areas so identified.
The consideration for the Warrantor's execution of this agreement is the promise
of the Operator to pay the premiums, but failure by the Operator to pay such
premiums shall not invalidate or diminish Lhe Warrantor's obligation hereunder.
The Board may make demand upon the Warrantor for payment hereunder if the
Board determines that reclamation which ought to have been performed by the
Operator, Applicants or their succeasora ur assigns, remains unperformed, and if
Financial Warranty forfeiture procedures require by law have been initiated. No
other condition precedent need be fulfilled to entitle Lhe State to receive the
amount so demanded. However, if, upon completion of reclamation by the State, the
amounts expended for reclamation shall be less than the amount received from the
Warrantor, the excess shall be promptly refunded Lo Lhe Warrantor,
If demand is made upon the Warrantor for payment of an amount due to the Board
hereunder, and if the warrantor fails to make payment of such amount within
ninety (00) days after the date of receipt of such demand, or if it should thereafter
be determined, by agreement of the Warrantor or by final judgment of court, that
the amount demanded was properly payable, the Warrantor agrees to pay to the
Board, in addition to the amount demanded, interest at the prime rate in effect from
time to time at the United Bank of Denver for the period commencing at, the end of
such ninety-day period and ending on the date of actual payment.,
If the Board shall notify the Warrantor that the Operator or Applicants are in
default, and if the Board shall initiate any Financial Warranty forfeiture procedures
required by law or regulation, the Warrantor may, in lieu of making payment to the
Board of the amount due hereunder, cause the reclamation to be timely performed
in accordance with all requirements of Lhe Act and all applicable rules and
regulations. In such event, when and if the reclamation has been timely performed
to the satisfaction of the Board of Division, this Financial warranty shall be
released. If the reclamation shall not be so performed to the satisfaction of the
Board or Division, this Financial Warranty shall remain in full force and effect.
B 1351 REC 02303990 09/18/92 15 : 30 $0 . 00 4/007
F 1189 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
This Financial Warranty shall be subject to forfeiture whenever the Board
determines that any one or more of the following circumstances exist:
1. A revocation order has entered pursuant to Section 30 of USR-908
§24.81 of the Weld County Zoning Ordinance has been violated, and the corrective
action proposed in such Order has not been completed, although ample time to have
done so has elapsed; or
2. The Operator is in default under its Performance Warranty, and such tv
default has not been cured, although written notice and ample time to cure such r-+
default has been given; or w
3. The Operator and/or the Warrantor has failed to maintain its Financial
o r
Warranty in good standing as required by the Act; or
to
4. The Warrantor and/or the Operator no longerhas the financial ability to k n
carry out its obligations in accordance with the Act. ro
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The description of lands herein is for convenience of reference only, and no error
�
in such description, nor any revision of the permitted mining area, nor the 11/4O
disturbance by the Operator or Applicants of lands outside of the permitted mining tTj o
area shall alter or diminish the obligations of the Operator, Applicants and/or m o
Warrantor hereunder, which shall extend to the reclamation of all such lands H ko
disturbed. to
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If this Financial Warranty applies to National Forest System lands, and if the n'
Financial Warranty is accepted by the United States Forest Service ("U,S,F',5."i as tzi
the bond required under 38 C.F.R. 252.13, then the Operator, having requested that x
the Board and the U.S.F,S. accept this single Financial Warranty in lieu of the
separate bonds which would otherwise be required by applicable law, hereby agrees • o
that, notwithstanding any other provision hereof, or of law, this Financial warranty tai
shall remain in full force and effect until U.S.F.S. has advised the Board by written p
notice that the Operator's obligations to (1,S,F.S., for which this Warranty is
executed, have been satisfied and, until its release, has been approved by the tti• o
Board.
• o
t o
If this Financial Warranty applies to lands under the jurisdiction of the State Board C7
of Land Commissioners ("Land Board"), and if this Financial Warranty, in whole or
in part, is accepted by the Land Board as the bond required under its applicable O u,
law and procedures, then the Operator, having requested that the State accept this
Financial Warranty in lieu of' Lhe separate bonds which would otherwise be required o
by the Colorado Mined Land Reclamation Board or Division and by the Land Board,
hereby agrees that, notwithstanding any other provision hereof, or of law, this
Financial Warranty shall remain in full force .and effect until the Board is notified
in writing by the Land Board that the Operator's obligations to the Land Board, for
which this Warranty is executed, have been satisfied and, until its release, is
approved by the Board.
If all or any part of the Affected Lands are under the jurisdiction of the Bureau
of Land Management, United States Department of the Interior (the "BLM"), and if,
at the request of the Operator on this Financial Warranty, the ELM has, pursuant
to 43 C.F,R. 3809.1-9, accepted this Financial Warranty in lieu of requiring a
separate reclamation bond payable to the United States, then, notwithstanding any
other provision of this Financial Warranty, or of law, the Operator and Warrantor
hereby agree that this Financial Warranty shall not be released until the Board is
advised in writing by the ELM that the Operator's obligations to the BUM, for which
this Warranty is executed, have been satisfied and, until its release, is approved
b the Board.
C C
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Colorado
) as.
COUNTY OF Larimer
The foregoing instrument was acknowledged before me this i ii 'uday of
JULY , 1991 by RICHARD CONNELL as PRESIDENT •" • of
CONNELL RESOURCES, INC •-. (I VA n`
H
( cyve 4,1/tic
1.
Notary Public 2 •',
r
My Commission expires: 04 JUN-94
5.4 n;
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NOTARIZATION OF APPLICANT'S ACKNOWLEDGEMENT M
tr le
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STATE OF Colorado )
sa, 'Cr) c
COUNTY OF Weld )
H Ht
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-The foregoing instr rmednL w s cknowledged before me this day or n
, 1992, by Philip Yastrowan as applicants of N
Laku Landing (operation) .
x ..
7Jc
Notary Public r
D
My Commission expires: mia
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2 0
NOTARIZATION OF' WARRANTOR'S ACKNOWLEDGEMENT 0
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STATE OF colnradn I c]
as. O m
COUNTY OF Jefferson ) c
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-The foregoing instrument was acknowledged before me this 8th day of
July , 1991 by Pamela J. Hansen as Attorney-in-Fact m'
-SAFECO INSURANCE COMPANY OF AMERICA.
"'No y P is
M C My Commissicr Fxr.A 4 C;.rov.r{ ' ''�P'z
y ommission expires:
APPROVED: •
• """
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
Date: Ry
Division Director
This Financial Warranty may be executed in multiple copies, each of which shall be
treated as an original, but together they constitute only one agreement, the validity
_and interpretation of which shall be governed by the laws of the State of Colorado.
The provisions hereof shall bind and inure to the benefit of the parties hereto and
-their successors and assigns.
Signed and dated this 8th day of July , 1991 ,
SAFECO INSURANCE COMPANY OF AMERICA
Warrantor
TD
B Y: l c ' —7 (4,4 f� R
Pamela J. Hann Attorne7-a.h=Fact
IAKU LANDING CONNELL RESOURCES, INC.
Applicants Principal 11 BY: :,,,e ig BYa S '�^C .. .::.::...,� _
Randall Hocking 7
BY: !1ry i �2 ..,
4rcie lY
Philip- Y4strow
B 1351 REC 02303990 09/18/92 15 :30 $0 . 0W0 7/CO?F 1192 MARY ANN FEUERSTEIN CLERK & RECORDER'WILD CO, CO
•
CONTINUATION SAFECO NSURANCE COMPANY OF AMERICA
CERTIFICATE GENERAL NSURANCE COMPANY OF AMERICA
SAFECO� FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHNGTON 98185
SAFECO INSURANCE COMPANY OF AMERICA Seattle, Washington, Surety upon
a certain Bond No. 5698355
dated effective JULY 8, 1991
(MONTH-DAY-YEAR)
on behalf of CONNELL RESOURCES, INC.
(PRINCIPAL)
and in favor of BOARD OF WELD COUNTY COMM I SS IONS
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on JULY 8, 1992
(MONTH-DAY-YEAR)
and ending on JULY 8, 1993
(MONTH-DAY-YEAR)
Amount of bond FOURTEEN THOUSAND FIVE HUNDRED SEVEN
Description of bond RECLAMAT ION BOND - LAKU LAND ING
Premium: $181 .00
PROVIDED : That this continuation certificate does not create a new oblation and is executed upon the express condition and
provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith
shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation
Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and
shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth.
Signed and dated on 7/31/92
(MONTH-DAY-YEAR) Q��CE COMp9y
GepPOHgTf�O.r
-SAFECO INSURANCE COMPANY OF AMERICA SEAL
By CQ/7 s9f 1953 oaD
ATTORNEY/N—FA FOf toss#
0 Registered traaemark of SAFECO Corporation.
S-1225/EP 3/90 PRINTED IN U.S.A.
Of €3° 920738
l.� -t'OWER `. L . ECO INSURANCE COMPANY OF AMERICA
• �'il OF ATTORNEY HOME TE SAFECO HIN PLAZA
JJJ SEATTLE,,WASHINGTON 98185
SAFECO
No. 1 501
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation,does hereby appoint
DON R. BROYLES; FRANK C. PENN; KATHRYN K. SHANKS; DILYNN GUERN; LISA MARTY;
KEVIN P. LORENZ; PAMELA J. HANSEN; Lakewood, Colorado
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 14th day of May , 19 91 .
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business.. . On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 8th day of July 19 91
5.1300 RS 3'86 PRINTED IN U S A
i'OWER ret.O INSURANCE COMPANY OF AMERICA
OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE:SAFECO PLAZA
SAFECO SEATTLE,WASHINGTON 98185
8001
No.
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation, does each hereby appoint
INGRID NYE
its true and lawful attorneylsi-in-f act, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 29th day of June 87 19
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS the President, any Vice President. the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. . . On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.-
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the
By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 31-st day of July 19 92
•
S-974 RIO 3/86 -PRINTED IN U S A
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