Backup Documents 03/27/2012 Item #16A 8a`I.
ORIGINAL DOCUMENTS CHECKLIST & ROUTINGSLIP , 6 �
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
31
Z0117-
Original document has been signed/initialed for legal sufficiency. (All documents to be
2.
VW
.IA lL
3.
1 (0, At
Type of Document
by the Office of the County Attorney. This includes signature pages from ordinances,
4.
3
Attached
COw,t X.Yttis E& 19.6 � 1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
contracts, agreements, etc. that have been fully executed by all parties except the BCC
6. Minutes and Records
Clerk of Court's Office
Chairman and Clerk to the Board and possibly State Officials.)
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Phone Number
N/A (Not
Contact
(gyp t7a lir
(Initial)
X Ss
Agenda Date Item was
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Item Number
Approved by the BCC
.IA lL
1 (0, At
Type of Document
by the Office of the County Attorney. This includes signature pages from ordinances,
Number of Original
3
Attached
COw,t X.Yttis E& 19.6 � 1
Documents Attached
30 is b AVob t _L us --
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
4-A kttrvi.l ?L ,
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on Z (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
(
to
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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16A 8•�
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGRF�NT FOR SUBDIVISION
IMPROVEMENTS entered into this ay of 2012 between
Summit Waterways LLC., hereinafter referred to as "Develo er," and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A.. Developer has previously received approval from the Board for that subdivision
known as Summit Place Phase II. Summit Waterways, LLC is a successor developer and
wishes to replace the existing securities which had been provided by the original
developer.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
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. Developer will cause to be constructed: Roadway, drainage, water and sewer
improvements within 18 months from the date of Board approval, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $257,117.00
which amount represents 10% of the total contract cost to complete construction plus
100% of the estimate cost of to complete the required improvements at the date of
this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required by the Land Development Code, Collier
County, may call upon the subdivision performance security to insure satisfactory
completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of
the statement of substantial completion, either: a) notify the Developer in writing of
his preliminary approval of the improvements; or b) notify the Developer in writing
of his refusal to approve improvements, therewith specifying those conditions which
the Developer must fulfill in order to obtain the County Manager's approval of the
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improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period
of one year after preliminary approval by the County Manager or his designee. After
the one year maintenance period by the Developer has terminated, the Developer
shall petition the County Manager or his designee to inspect the required
improvements. The County Manager or his designee shall inspect the improvements
and, if found to be still in compliance with the Collier County Land Development
Code as reflected by final approval by the Board, the Board shall release the
remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or
until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee
to reduce the dollar amount of the subdivision performance security on the basis of
work complete, Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion
by the Developer's engineer together with the project records necessary for review by
the County Manager or his designee. The County Manager or his designee may grant
the request for a reduction in the amount of the subdivision performance security for
the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee
may call upon the subdivision performance security to secure satisfactory completion,
repair and maintenance of the required improvements. The Board shall have the right
to construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the improvements required
herein. The Developer, as principal under the subdivision performance security, shall
be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure of the Developer to fulfill all of
the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
Page 1 of 2
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IN WITNESS WHEREOF, the Board and the Developer have caused this A reement to
be executed by their duly authorized representatives this -*'t— day of
20
SIGNED, SEALED AND
DELIVERED IN
PRESENCE OF
By:
irerr - UATY INN ELIZ`,f. >E7H MEDI ° fi
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(407) 3i3S -L ::oricsdotarvS;. -, ,:cc.com
Printed or Typed Name
AT`T
k
I Clerk
d legal
S ciencyLq-.-
Steven T Williams
Assistant County Attorney
Title:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
luk W
Fred W. Coyle, Chairman
Page 2 of 2
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COLLIER COUNTY LAND DEVELOPMENT CODE �BW AAW
4- �vyicA. MWyt.A t
PERFORMANCE BOND NO. SEIFSU0586736
KNOW ALL PERSONS BY THESE PRESENTS: that
SUMMIT WATERWAYS, LLC
4949 SW 75TH AVE. MIAMI, FL 33155
(hereinafter referred to as "Owner ") and
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NJ 07102
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Two hundred fifty seven thousand one hundred
seventeen & 00 /100 Dollars ($257,117.00) 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 submitted for approval by the Board a
certain subdivision plat named Summit Place in Naples Phase 11 and that certain subdivision shall include specific
improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development
Regulations "). This obligation of the 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 of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period ")
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, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save 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 15th day
of February, 2012.
LDCA:6
ILLC SIGNATORIES}
Attest ljt��A
,DG.v Q wa'-
STATE OF... f...1/.�V(,1.,�. -� .............J..,.,...
COUNTY
Summit Waterways, LLC
By its Member: Waterways JV Holdings, LP
By its General Partner: Florida-Real Estate Value Fund
I:
Arnaud Karsenti, Managing
LLC ACKNOWLEDGMENT
I ss:
it) �
A $�
LLC
On this ......... ;n.......... day of ...... .- a -v .' .................in the year 2012 before me personally come(s) ...
... Arnaud Karsenti ................................................................................................��..,,.j............. ............................... .
to me known who, being by me duly sworn, deposes and says that he /she resides in the City of ....1... �. ` .4 ........................
that he he is the ......... Managing Member ............................. ............................... of ...... Summit Waterways,
LLC ......................... ............................... the corporation described in and which executed the foregoing instrument; th -she knows
the seal of the said corporation; that the seal affixed to a said instrument is such corporate seal; that it was so affixed by the order of the Board
of Directors of said corporation, and tha&she sign e hi er name thereto by li o r.
:r °•. .� . "hTi ,....; _ ELIZABETH MEDI ,; ... ....... .... ............... ...............................
Al' GJPn `;:Sli d /# EE0031 (Signature and title of official taking acknowledgment/ Notary)
2014
(407) 3J° L1" one - otary;ic �e.com
Attest
STATE OF........( ..I 1 a .. ......................
COUNTY OF ...... O. r4 < ........................
International Fidelity Insurance Company
SURETY ACKNOWLEDGMENT
I ss:
-- !!�' TOR I
On this ...... �.
Lp ......... day of ........f1 . to the year 2012 before me personally come(s)...
...... Jason Valle ................................................... ............................... .
to me known who, being by me duly sworn, deposes and says tha&she resides in the City of....L .........
16A 81
that/ie he is the ......... .. �! ,Y�„ .!!�!� -%ry ��...... the surety
................ of the ............. .... ................
described in and which executed the foregoing instrument; that &she knows the seal of the said surety; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said surety, and th&she signed his/her name
thereto by like order.
(Signature and title of official taking acknowledgment/ Notary)
vA WANGSTON IMN # DD965186 RES MAY 12 2014 WWWT 1SjW"CMVAW
Ted L473) 624 -7200 l 16A
POWER OF AT�"OIh�Elf 8
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
Pennnvsvivania. havina their Drincioal office in the City of Newark, New Jersey, do hereby constitute and appoint
MATTHEW FOX, ROY DALTON MAY JR., JOSH STODART, JASON VALLE, CHRISTOPHER R. GAGNON,
SHARI LIVINGSTON
Maitland, FL.
their true and lawful aftomey(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, reeggulation, contract or otherwise
and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the er to appoint, and to revoke the appointments of,
Attomeys -in -fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation
and affix the Corporations seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or
related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint - control custodians, agents for acceptance of
process, and Attorneys -in -f=act with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the
Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,
recognizance contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether
heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the G`orporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 30th day of June, 2010.
Lis 7 i GF""Rf Y STATE OF NEW JERSEY
County of Essex
;:10 s 1936 .�
� ROBERT W.MINSTER
Executive Vice President/Chief Operating Officer
YVq (International Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 30th day of June 2010, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty
swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
-•"m••.4 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seat,
at the City of Newark, New Jersey the day and year first above written.
NY Vq?�
•y�y of HO �500`s
/ m /
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
'' "��• »���r"'' CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
16A 8/
International Fidelity Insurance Company!
%1�
1o6o Maitland Center Commons, Suite 310
Maitland, FL 32752
IFIC
(407) 661 -4076
Fax: (407) 661 -4074
suYPA!�?
www.ific.com
DIArCe 190
BOND RIDER
To be attached to, and form a part of Bond No. SEIFSU0586736 dated the 15th day of
February, 2012, with Summit Waterways, LLC as Principal, and INTERNATIONAL
FIDELITY INSURANCE COMPANY as Surety, in favor of Collier County, as Obligee. It
is understood and agreed that the bond is changed or revised in the particulars checked below:
❑ Name of Principal changed to:
Amount of Bond Changed from $257,117.00 to $273,709.00
❑ Other
Said bond shall be subject to all its terms, conditions and limitations, except as herein
expressly modified. This bond Rider shall become effective as of February 15th , 2012.
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has
caused its corporate seal to be hereunto 2iaterways,JC this 16th day of March, 2012.
Principal: u
By:
Arnaud Karsenti, aging Member
INTERNATI NAL FIDELITY INSURANCE COMPANY
B 0
Y•
Charles D. Nielson, Attorney -in -Fact
Tel (973) 624 -7200 POWER OF ATTORNEY 16A 8
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
_..... ._ . .. ............ . .............. ............ .
BRETT ROSENHAUS, CHARLES J. NIELSON, CHARLES D. NIELSON, JOSEPH P. NIELSON
Miami Lakes, FL.
_
........... ........... _ ............. ....._...................... ....__.............. ........ ....... .................. ..... .......................... ........................................................
.....
its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indertmity and
other writings obligatory in the nature thereof, which are or may be allowed, required or rmitted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, 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 its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -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 remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
�
�I7Y /N�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
Z\ signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
' VOA
SEA L L rn C- INTERNATIONAL FIDELITY INSURANCE COMPANY
y 1 904 STATE NEW JERSEY
�' p County of Essex
JERS
Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
swom, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
/{i1(�(�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
�� at the City of Newark, New Jersey the day and year first above written.
O NOTARY
PUBLIC
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 16th
day of March 2012
Assistant Secretary