Agenda 10/25/2016 Item #16A 8 I6A8
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve final acceptance and unconditional conveyance of the potable water
utility facilities for Isles of Collier Preserve, (Phase 1) Sub-phases 1 and 2, PL20130001825, and to
authorize the County Manager, or his designee, to release the Final Obligation Bond, and Utilities
Performance Security bond in the total amount of $19,486.18 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
potable water facilities and to release the Final Obligation Bond and Utilities Performance Security bond
in the amount of $19,486.18, 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) Sub-phases 1 and 2, has constructed the
potable water facilities within dedicated easements to serve this development.
2) Preliminary acceptance of these utility facilities was approved by Development Review staff on May
29,2014. At that time,the value of these potable water utility facilities(assets)was$81,590.70.
3) Staff recorded all preliminary acceptance documents associated with the potable water facilities
being conveyed to the County 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 in Official Records Book 5198,
Page 231,of the Public Records of Collier County,Florida.
4) The potable water 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 staff on
August 25, 2016, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) Staff recommends final acceptance of the subject utility facilities and to release the Final Obligation
Bond and Utilities Performance Security bond in the total amount of$19,486.18.
7) This final acceptance is in accordance with Collier County Ordinance No.2004-31,as amended.
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$81,590.70(no depreciation applied).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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16.A.8
10/25/2016
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 potable
water utility facilities for Isles of Collier Preserve, (Phase 1) Sub-phases 1 and 2,PL20130001825, and to
authorize the County Manager, or his designee, to release the Final Obligation Bond, and Utilities
Performance Security bond in the total amount of$19,486.18 to the Project Engineer or the Developer's
designated agent.
Prepared by: Melissa Alvarez,Operations Coordinator,Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Location Map-ICP Phase 1 Subphases 1 &2 (PDF)
2.Asset Sheet-ICP Phase 1 Subphases 1 and 2 (PDF)
3. Exhibit A-ICP Phase 1 Subphases 1 and 2 (PDF)
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16.A.8
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Item Summary: Recommendation to approve final acceptance and unconditional conveyance of
the potable water utility facilities for Isles of Collier Preserve, (Phase 1) Sub-phases 1 and 2,
PL20130001825, and to authorize the County Manager, or his designee, to release the Final Obligation
Bond, and Utilities Performance Security bond in the total amount of$19,486.18 to the Project Engineer
or the Developer's designated agent.
Meeting Date: 10/25/2016
Prepared by:
Title: Operations Coordinator—Growth Management Development Review
Name: Melissa Alvarez
09/09/2016 11:05 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
09/09/2016 11:05 AM
Approved By:
Review:
Water Pamela Libby Level 1 Sim.Reviewer 1-8 Completed 09/09/2016 11:49 AM
Growth Management Operations&Regulatory Management Kenneth Kovensky Level 1 Sim.Reviewer 1-8Completed
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/12/2016 2:21 PM
Engineering&Natural Resources Jack McKenna Level 1 Sim.Reviewer 1-8 Completed 09/12/2016 5:07 PM
Growth Management Department Matthew McLean Level 1 Sim.Reviewer 1-8 Completed 09/19/2016 9:38 AM
Water Steve Messner Level 1 Sim.Reviewer 1-8 Completed 09/28/2016 2:11 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/03/2016 10:18 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/05/2016 9:01 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/05/2016 9:23 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/05/2016 9:46 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/05/2016 11:22 AM
County Manager's Office Tim Durham Level 4 County Manager Review Completed 10/13/2016 1:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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CERTIFICATION OF CONTRIBUTORY ASSETS -- ~—' I LJ
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PROJECT NAME: The Isles of Collier Preserve Phase 1 Sub-Phase 1 &2
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LOCATION: 24, South, ov
Section 19,Township 50 South, Range 26 East ��
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OWNER: Minto ��
10150 Highland Manor Drive, Suite 200
Tampa, FL5351O
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TYPE OF UT1LITY SYSTEM: POTABLE WATER ��
ITEM Quantity Unit Type Unit Price Total it
8^DR1OPVC VVatennain 491 LF $8D0 G3.928.00 6
40 LF $9.50 838000 ~~
8"DR 14 PVCWatermainl5
333 LF $16.95
1O~DR18PVC VVat*nna|n $5,644.35
40 LF $21.25 $850 00 w
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12~DR18PVC VVatennom 1615 LF $19.05 $80.76575 Ti
12"DR14PVC Watermain 36 LF $25.35 $912.60
24^Jack&Bore
61 LF S80.00 $4.880.00 5 EA $1,525.00 $7,625.00
12"Go�eVo|vav�Box .
10^Gate Valve,/Box 3 EA $1.225D0 $3'075.00
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8^Gate Valve w/Box 3 EA 5800.00 $2.*00D0 �
Fire Hydrant Assembly 4 EA $2.300.00 88.200.00 <
1 EA $4SO0O0 �* th
AmoFlushing Do�oe . . .900.00
1 EA $900.00 $900.00 �
Bauaho|Sample PointEA $700.00 $700.00 ��
Air Release Valve 1
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1O^x12^Tap�ng5�eveand Vakm 1 EA $3.750.00 $3.750.00
2 EA $54008 $1,080 c
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TOTAL COST $81.590.78 u'
of material above are�ueand an accurate ��
I do hereby certify that the qua/es ��
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The foregoing instrument was signed and acknowledged before me this 10 th day of October,2013 by u_
L.D.Neal,who is personally known to me and who did not take an oath :.
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Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bondtt
Amount
Receipt Number u"
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10%UPS BondBond No. 80100992 0$15,486.18 — y
Final Obligation Bond $4,000.00 2013140532 a
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Total Amount $19,486.18 ---� a�
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.
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Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
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1. Verification of Final Cost
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2. Receipt of Payment
3. Copy of Bond No. 80100992
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VERIFICATION OF FINAL COST
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PROJECT NAME: The Isles of Collier Preserve Phase 1 Sub-Phase 1 &2 y
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LOCATION Section 24,Township 50 South, Range 25 East a
Section 19,Township 50 South, Range 26 East
Collier County, Florida 3
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OWNER: Minto a>
10150 Highland Manor Drive, Suite 200 R
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TYPE OF UTILITY SYSTEM: POTABLE WATER
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ITEM Quantity Unit Type Unit Price Total nL.
8" DR 18 PVC Watermain 491 LF $17.95 $8,813.45
8"DR 14 PVC Watermain 40 LF $19.54 $781.60as
10"DR 18 PVC Watermain 333 LF $27.12 $9,030.96 TsU
10"DR 14 PVC Watermain 40 LF $31.20 $1,248.00 ,�
12"DR 18 PVC Watermain 1615 LF $29.13 $47,044.95 0
12"DR 14 PVC Watermain 36 LF $35.44 $1,275.84 in
24"Jack&Bore 61 LF $460.00 $28,060.00 w
12"Gate Valve w/Box 5 EA $1,980.00 $9,900.00 a)
10"Gate Valve w/Box 3 EA $1,660.00 $4,980.00 0
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8"Gate Valve w/Box 3 EA $1,220.00 $3,660.00
Fire Hydrant Assembly 4 EA $3,540.00 $14,160.00 U
Auto Flushing Device 1 EA $6,590 00 $6,590.00
Bacterial Sample Point 1 EA $1,010.00 $1,010.00 Q
Air Release Valve 1 EA $1,250.00 $1,250.00 ai
16"x 12"Tapping Sleeve and Valve I EA $6,690.00 $6,690.00 •'=
Single Water Service 2 EA $890.00 $1,780.00 47,
TOTAL COST $146,274.80
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I do hereby certify that the qui ;ties of material and services described above are true and an accurate in
representation of the systery ~
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The foregoing instrument was signed and acknowledged before me this 10th day of October,2013 by t
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RECEIPT OF PAYMENT
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Receipt Number: 2013140532
Transaction Number: 2013-043415 _c
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Date Paid: 10/08/2013 0
Amount Due: $4,000.00
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Payment Details: Payment Method Amount Paid Check Number
Check $4,000.00 151873 .a>
Amount Paid: $4,000.00
Change / Overage: $0.00
Contact: Barraco and Associates, Inc.
2271 McGregor Blvd
Ft. Myers, FL 339022800
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FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
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Refundable Bonds PL20130001825 $4,000.00 $4,000.00 670-000000-220113
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Cashier Name: LeaDerence
Batch Number: 3387
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Form 2 -Rev, 2004(Utilities Performance Bond) Bond No.80100992*
*This bond replaces bond#80100992 executed on
09/04/13 in the amount of$15,291.50.
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UTILITIES PERFORMANCE BOND
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KNOW ALL PERSONS BY THESE PRESENTS:that
Minto Communities,LLC
4400 W.Sample Road,Suite 200
Coconut Creek,FL 33073 a.
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(hereinafter referred to as"Owner'',and
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The Guarantee Company of North America(USA)
OneTowneTowne Square,Suite 1470
Southfield,MI 48076 a.)
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"). in the total aggregate penal sum of Fifteen Thousand Four .48
Hundred Eighty Six and 18.'100 cents ( 486'1 )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.
WHEREAS the County has a material interest in the performance of said Contract; and
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WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land cn
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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
it.
Collier County;
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NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
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duties to the County under said Land Development Regulations and all the undertakings,
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covenants, terms, conditions, and agreements of said contract during the original term thereof,
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and any extensions thereof which may be granted by the Owner, with or without notice to the a)
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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
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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 _c
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which the County may incur in making good any default, then this obligation shall be void. a.
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 LLI
to be performed thereunder, or the specifications accompanying same shall in any way affect
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its obligation on this Bond, and does hereby waive notice of any such change, extension of c°
time,alteration or addition to the terms of the contract or to the work or to the specifications. ui
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PROVIDED. FURTHER, that it is expressly agreed that the bond shall be deemed amended
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automatically and immediately, without formal and separate amendments hereto, upon cn
amendment to the Contract not increasing the contract price more than twenty percent (20%), N
so as to bind the Owner and the Surety to the full and faithful performance of the contract as so a
amended. The term "Amendment", wherever used in this bond, and whether referring to this a)
bond,the Contract or other documents shall include any alteration, addition or modification of v
any character whatsoever. 0.
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IN WITNESS WHEREOF,the parties hereto have caused this Instrument to be executed this O
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WITNESSES: Minto Communities,LLC
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NOTE: Collier County shall not accept any Letters of Credit that cannot be cr;
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presented in Florida.
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ACKNOWLEDGMENT c
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TH FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED EFORE i`E THIS DAY in
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STATE OF FLORIDA
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THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 30`b/ September tat:
/2013 , BY CLAUDE1 IF ALEXANDER HUNT (NAME OF ACKNOWLEDGER) 8
AS A 1'1 ORNEY-IN-FACT (TITLE) OF THE GUARANTEE COMPANY OF <u)
NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL 2
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,';!'."1,,•;:',.;...,:l: THE GUARANTEE COMPANY OF NORTH AMERICA USA N
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KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the u)
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint i
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Claudette Alexander Kant,Caroline Kristin Lamarre,Joseph Michael Pietrangelo =
Aon Risk Services,Inc.of Florida to
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and at bonds and undertakings,contracts of N
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by taw,statute,rule,regulation,contract ca
or otherwise. a.
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 i
principal office. a)
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We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly authorized to do business under the laws of Florida,having heretofore executed d
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 OU
its assignee,shall not relieve this surety company of any of its obligations under its bond. a-
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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 in
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. N
The President,or any Vice President,acting with any 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 v
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and C
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below as
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 N
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- U
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. U
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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 ori
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.
co\ IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and it
Cits corporate seal to be affixed by its authorized officer,this 15th day of November,2011.
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THE GUARANTEE COMPANY OF NORTH AMERICA USA cb
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STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary r
County of Oakland U)
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 as
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 Q
IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee C
Cynthia A.Takai cn
0 Notary Public,State of Michigan
County of Oakland
Company of North America USA offices the day and year above written, r
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My Commission Expires Februa 2T,2012
Acting in Oakland County N
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I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true al
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force end effect. 0
IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 3C{day of S�r^krienin'`'r ,c-`'3 Q
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