Agenda 01/10/2017 Item #16D 5 16.D.5
01/10/2017
EXECUTIVE SUMMARY
Recommendation to approve a Site Development Performance Agreement with Richmond Park
Investors, LLC to provide a time extension to allow the developer of the Richmond Park Site
Development Plan to comply with the Land Development Code requirements to acquire
conservation land acceptable to the County for offsite mitigation as an alternative to payment of
money and to post performance security.
OBJECTIVE: To afford the developer of the Richmond Park additional time to satisfy the off-site
mitigation requirement of the Land Development Code.
CONSIDERATIONS: Section 3.05.07, H.1.f. iii. a. of the LDC allows for offsite native vegetation
retention requirements to be met by monetary payment to the County. Under subsection (b) of the same
Section, applicants may instead donate land for conservation purposes. Monetary donations are credited
to the Conservation Collier Program for the purchase and management of offsite conservation lands
within the county. Donated lands are accepted by and managed under the same program for the same
purpose.
The vegetation preservation requirement for the Richmond Park project is 1.22 acres. If the applicant
were to pursue the option to mitigate the preserve offsite by monetary donation to Collier County for the
Conservation Collier Program, the required monetary donation would be $283,813.48. (Pursuant to
current LDC requirements, the cost for donating funds is 125% of the average cost that Conservation
Collier paid for lands in the urban area, which is $232,634 per acre; hence $232,634 x 1.22 =
$283,813.48.)
The applicant negotiated a contribution of a lesser amount which staff at the time found to be based on
sound reasoning. The offer was brought forth to the Conservation Collier Land Acquisition Advisory
Committee on October 10, 2016 and approved (Agenda Item V.C.). Subsequent to that action, staff has
reviewed the matter further and does not believe the current LDC language supports the alternative
reduced calculation.
The applicant has been advised of the staff determination and has asked for additional time to pursue the
land donation option rather than the monetary option. Specifically, the applicant is asking that they be
given until certificate of occupancy of the first dwelling unit (as opposed to prior to the pre-construction
meeting)to find land suitable for donation. Prior to the pre-construction meeting, the applicant will post a
performance bond in the amount of$283,813.48, which the County may call upon in the event that the
applicant does not provide the donation of suitable land.
This extension is being presented to the Board as a one-time recommendation due to delays resulting from
the attempt to negotiate an alternative amount for offsite mitigation and misunderstandings between staff
and the applicant. Staff believes this extension and alternative credit is an equitable and fair approach to
addressing the project delay. This approach is not recommended as a matter of policy for other routine
projects.
FISCAL IMPACT: The donation is intended to provide funds for land acquisition and management of
lands for the Conservation Collier Program. Should a monetary donation of $283,813.48 ultimately be
accepted, $227,050.78 will be placed into Fund 172, the Land Acquisition Trust Fund, and $56,762.70
will be placed into Fund 174, the Land Management Trust Fund, to be used for management of newly
acquired property. In the event that a donation of land is ultimately received, a land management
endowment in the amount specified by the Land Development Code will also be provided. Staff requests
approval now of budget amendments either recognizing the larger monetary donation or the endowment
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16.D.5
01/10/2017
donation to prevent a return to the Board for approval once the ultimate course of action is determined.
LEGAL CONSIDERATIONS: LDC Section 3.05.07.H.l.f.iii requires payment of a monetary amount
for offsite mitigation or donation of the land to satisfy the offsite mitigation prior to the pre-construction
meeting. Due to the delay caused in part by the County and for this petition only, staff desires to give
applicant an extension of time to locate property suitable for donation for offsite mitigation. Instead,prior
to the pre-construction meeting, the applicant shall post a bond in the amount of the required monetary
payment and if applicant is not able to obtain an offsite parcel prior to the issuance of the first certificate
of occupancy for a residential unit, then the County may call upon the performance bond. The risk to the
County is if the County is unsuccessful in calling on the Bond. If the Board agrees with this approach,
then this item is approved as to form and legality, and requires a majority vote for approval.--HFAC
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners approves the Site Development
Performance Agreement with Richmond Park Investors, LLC to provide a time extension as described;
accepts a performance bond in the amount of 283,813.48 as guarantee of monetary payment under the
LDC for offsite mitigation; and approves budget amendments to be prepared once the selection of option
a or b under the LDC is finalized.
Prepared By: Alexandra Sulecki,Pr. Environmental Specialist,Parks and Recreation Division
ATTACHMENT(S)
1.APPENDIX A- SDP Performance Bond form (DOCX)
2. Off-Site Mitigation Agreement (PDF)
3.Perfoiniance Bond for Site Development Plans Richmond Park Investors (PDF)
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16.D.5
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Item Summary: Recommendation to approve a Site Development Performance Agreement with
Richmond Park Investors, LLC to provide a time extension to allow the developer of the Richmond Park
Site Development Plan to comply with the Land Development Code requirements to acquire conservation
land acceptable to the County for offsite mitigation as an alternative to payment of money and to post
performance security.
Meeting Date: 01/10/2017
Prepared by:
Title: Operations Analyst—Parks & Recreation
Name: Natali Betancur
12/21/2016 8:58 AM
Submitted by:
Title: Division Director-Parks &Recreation—Parks & Recreation
Name: Barry Williams
12/21/2016 8:58 AM
Approved By:
Review:
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 12/21/2016 5:19 PM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 12/29/2016 2:24 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 12/29/2016 2:28 PM
Parks&Recreation Len Price Additional Reviewer Skipped 12/29/2016 3:22 PM
Parks&Recreation Len Price Additional Reviewer Skipped 12/29/2016 3:23 PM
County Attorney's Office Len Price Level 2 Attorney of Record Review Skipped 12/29/2016 5:03 PM
Public Services Department Amanda O.Townsend Level 2 Division Administrator Review Completed
Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 12/30/2016 9:34 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/30/2016 9:43 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 01/04/2017 2:49 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 01/04/2017 3:07 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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APPENDIX A-STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
The following specimen forms are to be used as a guide for preparation of bonding instruments which
will be submitted to the Collier County Board of County Commissioners for guaranteeing the completion of
required improvements with respect to this Code.Adherence to the forms will assure an expeditious review
by the Development Services Division and the Collier County Attorney's Office. Deviation in substance or
form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding
provisions for Required Improvements by the Development Services Division or the County Attorney's
Office. These specimen forms may be revised from time to time by resolution of the Board of County
Commissioners.
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Appendix A consists of the following specimen forms: 'fa
A.1. Subdivision Improvements ❑
a. Irrevocable Standby Letter of Credit
b. Performance Bond -a
c. Construction, Maintenance, and Escrow Agreement For Subdivision Improvements Loc
d. Construction and Maintenance Agreement For Subdivision Improvements
A.2. Excavation Improvements
a. Irrevocable Standby Letter of Credit N
b. Performance Bond E
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c. Performance Agreement 0
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A.3. Early Work Improvements
a. Irrevocable Standby Letter of Credit a)
b. Performance Bond
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c. Performance Agreement
A.4. Site Development Plan Improvements
a.
a. Irrevocable Standby Letter of Credit a
b. Performance Bond
c. Performance Agreement
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A.4. Site Development Plan Improvements
b. The Performance Bond for Site Development Plans shall be substantially as follows:
Page 1
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16.D.5.a
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
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(hereinafter referred to as "Owner") and c
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(NAME OF SURETY) o
(ADDRESS/TELEPHONE NUMBER OF SURETY) a
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter o
referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 15
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. rn
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received approval of a
certain Site Development Plan named and that certain Site Development Plan includes E
specific improvements which are required by Collier County Ordinances and Resolutions(hereinafter"Land o
Development Regulations").This obligation of the Surety shall commence on the date this Bond is executed c
and shall continue until the completion of the work and the date of satisfactory final inspection by the County 00
of the specific improvements described in the Site Development Plan pursuant to the Land Development m
Regulations (hereinafter the"Guaranty Period")or until replaced by a new bond in the event of a change in
Ownership. ra
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NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County, m
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and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless a
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do 0
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making v,
good any default, then this obligation shall be void, otherwise to remain in full force and effect. Q
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PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no 5
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in w
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension b_
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of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended a�
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner E
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment,"wherever used in this Bond, and whether referring to this Bond, or other documents y
shall include any alteration, addition or modification of any character whatsoever. Q
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed
this day of , 20 .
Page 2
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16.D.5.a
WITNESSES: (Owner Name and Title if Corporation)
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ACKNOWLEDGEMENT
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF a
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WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
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16.D.5.a
ACKNOWLEDGMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
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SITE DEVELOPMENT PERFORMANCE AGREEMENT a
THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered into this
day of , 2017, between Richmond Park Investors, LLC, a Florida limited
liability company, hereinafter referred to as "Developer," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Developer has applied for site development plan approval for the project
known as Richmond Park in accordance with the Collier County Land Development Code
including but not limited to Section 10.02.03.D (collectively, the "Site Development Plan
Regulations"); and
WHEREAS, On October 18, 2016, the County approved the Site Development Plan for
Richmond Park, SDP-PL20150001531, with the following condition:
Environmental Services-In satisfaction of the native vegetation preservation
requirement, a monetary donation in the amount of$283,813.48 shall be made to
Conservation Collier by the time of pre-construction meeting.
(the "Site Development Plan Condition"); and
WHEREAS, Developer had previously received approval of the Conservation Collier
Land Acquisition Committee for an off-site mitigation payment for removal of native vegetation
based on Developer's purchase price of the real property which is the subject of the Site
Development Plan approval; and
WHEREAS, it was subsequently determined that the Developer could not calculate its
off-site mitigation payment based on Developer's purchase price and the subsequent
determination will delay Developer's commencement of site development; and
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WHEREAS, Developer has requested an extension of time to comply with the County a
Land Development Code to acquire conservation land acceptable to the County for off-site
mitigation, as an alternative to payment of money; and
WHEREAS, Developer also wishes to post a separate performance guarantee for off-site
mitigation of native vegetation prior to the pre-construction meeting as an alternative to the Site
Development Plan Condition.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Except as expressly stated herein, the Developer agrees to comply with the Site
Development Plan Regulations.
2. Prior to the pre-construction meeting, Developer shall tender its site
development performance security for off-site mitigation in the form of a •
performance bond substantially in accordance with the form specified in the
Land Development Code in the amount of$283,813.48, in place of the Site
Development Plan Condition.
3. Prior to issuance of the first certificate of occupancy for the first dwelling unit,
including model homes, Developer shall acquire off-site mitigation land in
accordance with the Land Development Code and approved by the Conservation
Collier Land Acquisition Committee to satisfy the County off-site mitigation
requirements.
4. In the event of default by the Developer or failure of Developer to complete the
off-site mitigation within the time required by paragraph 3 of this agreement,
Collier County may call upon the off-site mitigation site development
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performance security described in paragraph 2 of this agreement to ensure a
satisfactory compliance with its off-site mitigation requirements. If Developer
acquires off-site mitigation land in accordance with the requirements of this
Agreement, the County shall release the performance bond and this Agreement
shall terminate.
5. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 2017.
SIGNED IN THE PRESENCE OF: Richmond Park Investors, LLC
a Flori imited liability company
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Witness Signature Ma114-eterICGreenberg, Managing Member
Print Name: l \.04
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Witness Signature
Printed Name:
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk ,Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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16.D.5.c
Bond No.: CS9826731
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
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KNOW ALL PERSONS BY THESE PRESENTS: that
Richmond Park Investors, LLC 6-
5800 Lakewood Ranch Blvd., Sarasota, FL 34240 a
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(hereinafter referred to as "Owner") and Ec
Great American Insurance Company
301 E Fourth Street, Cincinnati, OH 45202 (513) 369-5000
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(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter U)
referred to as "County") in the total aggregate sum of Two Hundred Eighty-three Thousand Eight Hundred 0
Thirteen and 48/100 Dollars ($283.813.48) in lawful money of the United States, for the payment of which a
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, ,c
as the context requires. ca
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received approval of a
certain Site Development Plan named Richmond Park and that certain Site Development Plan includes E
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter c
"Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is
executed and shall continue until the completion of the work and the date of satisfactory final inspection
by the County of the specific improvements described in the Site Development Plan pursuant to the Land @
Development Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event °,
of a change in Ownership. _
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NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in o
accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save o
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
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, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations
The term "Amendment," wherever used in this Bond, and whether referring to this Bond. or other
documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 3`d day of January, 2017.
EXPERIENCE the POWER of PARTNERSHIP Packet Pg. 636
16.D.5.c
Bond No.: CS9826731
WITNESSES: Richmid Park Investors, LLC
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THE FOREGOING PERFORMANCE BONIL.WA,-S i,,C.-VOWLEDGED BEFORE ME THIS ''-i'L DAY OF Er.
it L1,,t , , 20 I 7. BY „James i-K. ,--ct 0 AS P':,,,,-,-..--",/,,—, ._ OF Richmond Park ,
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Bond No.: [S98267J2
WITNESSES: Great American Insurance Company
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ACKNOWLEDGMENT ��
STATE OF FLORIDA 'ia"
COUNTY OF HILLSBOROUGHa.
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3rd DAY OF
Januery, 2017, BY Mary Martha Luno|eyAS Attorney-in-Fact OF Great American Insurance Company
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. in
' Notary Public-State of Florida �
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DEBBIE RHED|GER
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GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by _
this power of attorney is not more than FOUR c
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POWER OF ATTORNEY c
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KNOW ALL MEN BY THESE PRESENTS: 'Chat the GREAT AMERICAN INSURANCE COMPANY a corporation organized and existing under CI
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
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undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the IiabiIity of the said Company on any such bond; Q
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. -0
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FREDERIC M.ARCHERD,JR. ALL OF
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RICHARD P.RUSSO,JR.
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MARY MARTHA LANGLEY rn
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This Power ofAttorney revokes all previous powers issued on behalf of the attorncv(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INS'TRANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate sea;hereunto affixed this 14TH day of OCTOBER 2015 N
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GREATANIERICAN INSURANCE COMPANY >
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STATE'OF OHIO,COUNTY OF HAMILTON-ss: DAVID C KITCHIN(877-377-2405) t
On this 14TH day of OCTOBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me e:
known being duly sworn, deposes and saws that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal c
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his co
name thereto by like authority.
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This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
My unanimous written consent dated June 9,2008.
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RESOLE' D: Thai the Phisiona/President the several Dir siona'Senior I is e Presidents. Divisional Vice Presidents and Dn'isonai Assistant I'ice 7
Pinsiant c or ant.one of them, be and hereby is aut,ttoriz.:G orr,time 10 tun_. to ci one or ntore.ltto,r ii
- tr1point t s in Fact to execute onve]ta f oI the Company, 0
as snreit amt and all bonds,under takings and contra ii of suretyship,or other it i itr it obligations to the nature trteregl 10 prescribe their i nc sective d ittes and m
the respective horn,,of their authority;and to revoke any such appointment at am'rime. 0)
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RESUI I 1 i)FURTHER:T T NSP.' That the Company seal and the signann e q1-61/7.1 of the aforesaid officers and am Sc cr etatt'or.Assistant Secretary of theCO
Compwn,mai,bc ciffacd b f t,.siniile to any power of attorney or certifrcate of enher o give;;for the execution ofaiiy bona,undertaking, contract of sureh,ship,
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or other written obligation in the nano-e th,rcof such tignattu-e and seal when sc us a being hereby adopted by the n
Cantpant as the original "ila'ure 01 such O
gffcer and the original sea,of the o.rpern}° to he validr,,and binding upon the Cooaitt rah the same Jbt ce and effect as thoughmanually affued. 1
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I.STEPHEN C.BERAHA,Assistant Secretary of Great American insurance Company,do hereby certify that the foregoing Power of Attorney and 0
the Resolutions of the Board of Directors ofJune 9,2008 have not been revoked and arc nos,Tri fill force and effect. as
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