Agenda 03/08/2016 Item #16A 2 3/8/2016 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve final acceptance and unconditional conveyance of the water and sewer
utility facilities for Isles of Collier Preserve, Phase 1 Multi-Family, PL20130002469, and to
authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS)
and Final Obligation Bond in the total amount of $35,958.63 to the Project Engineer or the
Developer's designated agent.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of
the Collier County Water-Sewer District, approve final acceptance and unconditional
conveyance of these water and sewer facilities and to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of $35,958.63, in accordance with the
Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Isles of Collier Preserve, Phase 1 Multi-Family, has constructed the water
and sewer facilities within dedicated easements to serve this development. (See attached
Location Map)
2) Preliminary acceptance of these utility facilities was approved by the Engineering Services
staff on April 29, 2014. At that time, the value of these utility facilities (assets) was
$138,544.55 for the water facilities and $54,861.75 for the sewer facilities. (See attached
Asset Sheets)
3) Staff recorded all preliminary utility conveyance acceptance documents in the public records
of Collier County, which were reviewed and approved by the County Attorney's office as to
form and legality. The County acquired its record interest by Utility Facilities Warranty
Deed and Bill of Sale recorded on September 25, 2015, in Official Records Book 5198,
Page 262 of the Public Records of Collier County, Florida.
4) The water and sewer utility facilities have been operated and maintained during the required
one (1) year warranty period, following preliminary acceptance.
5) A final inspection to discover defects in materials and workmanship has been conducted by
the Engineering and Right-of-way Inspections staff on November 5, 2015, in coordination
with Public Utilities and these facilities have been found to he satisfactory and acceptable.
6) Staff recommends final acceptance of the subject utility facilities and to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total amount $35,958.63.
(See attached Exhibit A)
7) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as
amended.
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3/8/2016 16.A.2.
8) Staff is unaware of any issues that would serve to negate the recommendation to release the
applicable security.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County Water-
Sewer District receiving unconditional title to the utility facilities, which at the time of
preliminary acceptance, had a total gross value of$193,406.30 (no depreciation applied).
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval— SAS
RECOMMENDATION: To approve final acceptance and unconditional conveyance of the
water and sewer utility facilities for Isles of Collier Preserve, Phase 1 Multi-Family,
PL20130002469, and to authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total amount of$35,958.63 to the
Project Engineer or the Developer's designated agent.
Prepared by: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources
Division, Growth Management Department,
Attachments:
1) Location Map
2) Asset Sheet
3) Exhibit A
4) Utilities Performance Security Bond
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3/8/2016 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Isles of Collier Preserve, Phase 1 Multi-
Family, PL20130002469, and to authorize the County Manager, or his designee,to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of
$35,958.63 to the Project Engineer or the Developer's designated agent.
Meeting Date: 3/8/2016
Prepared By
Name: AlvarezMelissa
Title: Operations Coordinator,Natural Resources
1/15/2016 2:34:16 PM
Submitted by
Title: Operations Coordinator,Natural Resources
Name: AlvarezMelissa
1/15/2016 2:34:17 PM
Approved By
Name: KovenskyKenneth
Title: Division Director-Operations Support, Operations &Regulatory Management
Date: 1/15/2016 3:13:53 PM
Name: Pam Libby
Title: Manager-Distribution, Water
Date: 1/15/2016 3:26:39 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/15/2016 3:53:39 PM
Name:NagySteve
Title: Manager-Wastewater Collection,Wastewater
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3/8/2016 16.A.2.
Date: 1/19/2016 9:03:35 AM
Name: JohnssenBeth
Title: Division Director-Wastewater, Wastewater
Date: 1/19/2016 9:53:06 AM
Name: Steve Messner
Title: Division Director-Water,Water
Date: 1/21/2016 9:32:32 AM
Name: LorenzWilliam
Title: Division Director-CDES Engineering Svc,Natural Resources
Date: 1/21/2016 3:31:13 PM
Name: ChmelikTom
Title: Division Director-Public Utilities Eng,Public Utilities Engineering
Date: 1/22/2016 11:15:21 AM
Name: McKennajack
Title: Manager- Engineering Review Services,Natural Resources
Date: 2/8/2016 2:30:30 PM
Name: StoneScott
'1itie: Assistant County Attorney, CAO Land Use/Transportation
Date: 2/8/2016 2:49:00 PM
Jame: KlatzlnyvJeff
Title: County Attorney,
Date: 2/11/2016 4:08:58 PM
Name: T.sacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/23/2016 3:57:12 PM
Name: Casaianguida^3ck
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:24:42 PM
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3/8/2016 16 A 2
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- ' L- '\ `u / Lj 1 C� � NCF ASSETS . . 3� /2O16 16.A.2.
.�� �
PROJECT NAME: The Isles of Collier Preserve Phase 1 Multifamily
LOCATION: Part of Section 24, Township 50 South, Range 25 East
Part of Section 19, Township 50 South, Range 2 East
Collier County, Florida
NAME AND ADDRESS OF OWNER: k1into
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: POTABLE WATER(Material Only)
ITEM I SIZE 'QUANTITY' UNIT I COST U TOTAL
DR-18 PVC Watermain 10" 2,211 LF $ 16,85 $ 37,476.45
DR-14 PVC VVatannoin 10~ 38 LF $ 1895 $ 720.10
Gate Valve wI Box 4" 17 EA $ 429.00 $ 7.293.00
Gate Valve wyBox 10" 3 EA $ 1.225.00 $ 3.675.00
Fire Hydrant Assembly WI Valve N/A 12 EA $ 2.300.00 $ 27.80000
Automatic Flushing Device N/A 1 EA $ *.900.00 $ 4.900O0
Permanent Sample Point N/A 2 EA $ 900.00 $ 1.800.00
Single Water Service N/A 102 EA $ 540.00 $ 55.080.00
TOTAL COST $ 138.5*4.55
I do hereby certify that triOuantities dnnato,io|dnscribeuouo,aareatmeonuapcunge
representabon of the being contributed to Collier County Utilities, Inc.
CERTIFYING:
L
L.o.wv�/ i.pi
OF Mitchel!s Stark.Construction oo' Inc.
6001 Shirley 3ireot,Naples,FL 34109
STATE OF FLORIDA
COUNT"OF COLLIER
The foregoing instrument was signed and acknowledged before me this_1um __day of November
______.
2013 by L.D. Neal _____ who/s personally known to me
and woo dd"o1 take anoath.
Ay
'`____�
SEAL
' p"u�c -- ---' SEAL
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CERTIFIt ;ION OF CONTRIBUTORY ASSETS ( /ER) 3/8/2016 16.A.2.
PROJECT NAME: The Isles of Collier Preserve Phase 1 Multifamily
LOCATION: Part of Section 24,Township 50 South, Range 25 East
Part of Section 19,Township 50 South, Range 26 East
Collier County, Florida
NAME AND ADDRESS OF OWNER: 1n0150 Highland Manor Drive, Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: SANITARY SEWER(Material Only)
ITEM I SIZE (QUANTITY UNIT I COST I TOTAL 1
PVC Sanitary Sewer(SDR 26) 8" 1,767 LF $ 9.25 $ 16,344.75
Manhole 4' 7 EA $ 4,293.00 $ 30,051.00
Single Sewer Service 6" 34 EA $ 249.00 $ 8,466.00
TOTAL COST $ 54,861.75
I do hereby certify that the d entities of material described above are a true and accurate
representation of the sys - being contributed to Collier County Utilities, Inc.
CERTIFYING:
4. _ `_.
L.D.Ne. , .P.
OF: Mitchell&Stark Construction Co.,Inc.
6001 Shirley Street,Naples,FL 34109
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 1x8 tth_Per ay of known November e
2013 by L.D.Neal
and who did not,take an oath.
" ho
yy / SEAL
9t ry Public
_:FATE OF FLORIDA
MY COMMISSION EXPIRES JAN 22,2315 I
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3/8/2016 16.A.2.
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond J $31,958.63 Bond No. 80101022
Final Obligation Bond $4,000.00 2013150820
Total Amount $35,958.63
The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer
utilities being installed for the whole project which includes material and labor. The
contributory assets reflect the cost of materials, not labor and are based on the assets of
which the county will be owning and maintaining.
Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost
2. Receipt of Payment
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3/8/2016 16.A.2.
VERIFICATION OF FINAL COST(WATER)
PROJECT NAME: The Isles of Collier Preserve Phase 1 Multifamily
LOCATION: Part of Section 24.Township 50 South,Range 25 East
Part of Section 19,Township 50 South, Range 26 East
Collier County, Florida
NAME AND ADDRESS OF OWNER: Minto
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: POTABLE WATER(Material and Services)
ITEM ( SIZE QUANTITY UNIT 1 COST j TOTAL I
DR-18 PVC Watermain 10" 2,211 LF $ 27.08 $ 59,873.88
DR-14 PVC Watermain 10" 38 LF $ 29.25 $ 1,111.50
Gate Valve w/Box 4" 17 EA $ 830.00 $ 14,11 0.00
Gate Valve w/Box 10" 3 EA $ 1,650.00 $ 4,950.00
Fire Hydrant Assembly w/Valve N/A 12 EA $ 3,540.00 $ 42,480.00
Automatic Flushing Device N/A 1 EA $ 7,070.00 $ 7,070.00
Permanent Sample Point N/A 2 EA $ 980.00 $ 1,960.00
Single Water Service N/A 102 EA $ 697.01 $ 71,095.02
TOTAL COST $ 202,650.40
I do hereby certify that tyre quantities of material described above are a true and accurate
representation of the a -installed cost of the system.
CERTIFYING: �r
i
L.D.Neal,V.P.
OF: Mitchell&Stark Construction Co.,Inc.
6001 Shirley Street,Naples. FL 34109
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 18th day of November_.
2013 by L.D. Neal who is personally known to me
and who dig not take an oath.
Z Ir
l SEAL c — Ci,;;DA
'---Notary Public i4
p *,�CO ,I Pi , S JAN.22,2015
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3/8/2016 16.A.2.
VERIFICATION OF FINAL COST(SEWER)
PROJECT NAME: The Isles of Collier Preserve Phase 1 Multifamily
LOCATION: Part of Section 24,Township 50 South, Range 25 East
Part of Section 19,Township 50 South, Range 26 East
Collier County,Florida
NAME AND ADDRESS OF OWNER: Minto
10150 Highland Manor Drive,Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: SANITARY SEWER(Material and Services)
ITEM I SIZE J QUANTITY' UNIT I COST f TOTAL 1
PVC Sanitary Sewer(SDR 26) 8" 1,767 LF $ 27.70 $ 48,945.90
Manhole 4' 7 EA $ 6,410.00 $ 44,870.00
Single Sewer Service 6" 34 EA $ 680.00 $ 23,120.00
TOTAL COST $ 116,935.90
I do hereby certify that the qualitities of material and services described above are a true and accurate
represen )n Df:r.e as-Inst ,Ifed cost of the system .
CERTIFYiNG:
L.D. Neal,V.P.
MitchL, &Star .Construction Co.,Inc.
6001 Shirley Street,Naples,FL 34109
STATE OF FLORIDA
COUNTY OF Ca LER
The foregoing Instrument was signed and acknowledged before me this 18 th_day of November ,
2013 by L.D Neal who is personally known to me
and who did;.at take an oath.
SEAL.
r , ryPublic ic
`._
22,2315
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3/8/2016 16.A.2.
t Growth Management Division
�+ 2800 Horseshoe Drive N.
L icr CO Naples, FL
34104
239-252-2400
I �
RECEIPT OF PAYMENT
Receipt Number: 2013150820
Transaction Number: 2013-053703
Date Paid: 12/16/2013
Amount Due: $4,000.00
Payment Details: Payment Method Amount Paid, Check Number
Check $4,000.00 1019139285
Amount Paid: $4,000.00
Change / Overage: $0.00
Contact: Minto Communities, LLC
4400 West Sample Road Suite 200
Coconut Creek, FL 33073
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20130002469 54,000.00 $4,000.00 670-000000-220113
Cashier Name: melissaalvarez
Batch Number: 3491
Entered By: hughesj
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3/8/2016 16.A.2.
Form 2 -Rev. 2004(Utilities Performance Bond)
Bond No.80101022
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities,LLC
4400 W.Sample Road,Suite 200
Coconut Creek,FL 33073
(hereinafter referred to as "Owner",and
The Guarantee Company of North America(USA)
One Towne Square,Suite 1470
Southfield,MI 48076
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of Thirty-One Thousand Nine
Hundred Fifty-Eight dollars and 63/100 cents. 3I,95& 3) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has constructed
plans for The Isles of Collier Preserve Multi-Family, PL20120002038. This obligation of
Surety shall commence on the date this Bond is executed and shall continue until the date of
final acceptance by the Board of County Commissioners for The Isles of Collier Preserve
Multi-Family, PL20120002038 and Collier County Ordinance 04-41, as amended (hereinafter
the"Guaranty Period").
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter"Land Development
Regulations") concerning the Owner's obligations to the County regarding the construction,
conveyance and warranty of potable water, non-potable irrigation water and/or wastewater
system(s)or portion(s)thereof constructed within the unincorporated area of Collier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties to the County under said Land Development Regulations and all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety and during the guaranty period established by the County, and thereafter, and if the
Owner shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the County from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the County all outlay and expense
which the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED,FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work
to be performed thereunder, or the specifications accompanying same shall in any way affect
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3/8/2016 16.A.2.
its obligation on this Bond, and does hereby waive notice of any such change, extension oi
time, alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than twenty percent (20%),
so as to bind the Owner and the Surety to the full and faithful performance of the contract as so
amended. The term "Amendment", wherever used in this bond, and whether referring to this
bond, the Contract or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF,the parties hereto have caused this Instrument to be executed this
11th day of December, 2013.
WITNESSES: Minto Communities, LLC
aletnAil 01041, o!
hipi (r10 Am I
inn a r-1 E3 By: w, . . , lf. �'�'� flpi‘
Printed Name Printed t me/Title L I ti q,m C }e�t to iv Ke f)l'eskilf
(Provide oper Evidence of Authonty)
Sho r tin S r osar
Printed Name
NOTE: Collier County shall not accept any Letters of Credit that cannot be
presented in Florida.
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MII-D*BE ,r„e A e:t.
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED EFORE ME THIS DAY
OF b_rrmi:itf,/ /s /20 1 , BY L.'I , r� C1ate j
(NAME OF ACKNOWLEDGER)
AS V I c_� ,j” r t,� t'i u r"t- (TITLE) OF MINTO COMMUNITIES,
LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION. --"
Notary Public- State of i•AURAIAFAUCI
a MY COMMISSION N EE 157114
(SEAL) ,/ y EMPIRES;February 13,2016
t doildnd Thru Notary Public Underwriters
•rinted Name LQ J r / 1-75k. C',.,
42
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WITNESSES: The Guarantee Company of North
America USA
‘11.--- ,-47‘4" -- r
Camille Cruz Claudette Alexander Hunt,
Attorney-in-Fact
(Provide Proper Evidence of Authority)
Tr.-Griffin ��
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 11th/ December
/2013 , BY CLAUDETTE ALEXANDER HUNT (NAME OF ACKNOWLEDGER)
AS ATTORNEY-IN-FACT (TITLE) OF THE GUARANTEE COMPANY OF
NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL
LICENSE AS IDENTIFICATION.
Notary Public- State of Florida
(SEAL)
�4y_ Notary Public State of Florida
Camille M Cruz
'6 My My Commission FF 042586
(/ 154"or Or Expires 08!06/2017
Camille M. Cruz
43
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• THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Claudette Alexander Hunt,Caroline Kristin Lamarre,Joseph Michael Pietrangelo
Aon Risk Services,Inc.of Florida
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly authorized to do business under the laws of Florida,having heretofore executed
a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of
Transportation making full payment of the final estimate,including the retained percentage,to the Contractor.
It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or
its assignee,shall not relieve this surety company of any of its obligations under its bond.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31'`day of December 2003,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and
such signature and seal when so used shall have the same force and effect as though manually affixed.
pre•\ IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 15th day of November,2011.
A kw+ 9• THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary
County of Oakland
On this 15th day of November,2011 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
`_ • Notary Public,State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
n My Commission Expires February 27,2012 „et., a. TL
Acting in Oakland County
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which-is still-in full force and effect.
IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this "day of iar< „"- '.' ,
04; _ --
Randall Musselman,Secretary
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