HomeMy WebLinkAbout8067RESOLUTION NO. 8067
A RESOLUTION AWARDING A CONTRACT FOR THE OPERATION OF THE
PUEBLO PLAZA ICE ARENA CONCESSION /RESTAURANT AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SANE
Whereas, proposals for the operation of Pueblo Plaza Ice Arena
Concession /Restaurant have been received and examined; and
Whereas, the proposal of Nadine Triste. D.B.A. Tres Hermanas
Concessions of Pueblo. Colorado was determined to be in the best
interest of the City; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. COLORADO, THAT:
SECTION 1:
A contract for the operation of the Pueblo Plaza Ice Arena
Concession /Restaurant be. and same is hereby awarded to Nadine
Triste, D.B.A. Tres Hermanas Concessions of Pueblo, Colorado. The
awarding of the concession contract set forth herein shall be
subject to the filing and sufficient sureties to be approved by the
Purchasing Agent of said City.
SECTION 2:
The Purchasing Agent be, and he is hereby authorized to
execute said contract on behalf of Pueblo, a Municipal Corporation,
and the City Clerk shall affix the seal of the City thereto and
attest the same.
INTRODUCED March 24, 1997
By: Charles Jones
Councilperson
ATTEST: APP OVED:
ra. — ";�� rlg�a' d.
City C rk Presidentoof to City Council
ARTICLE III
PUEBLO PLAZA ICE ARENA
LEASE AND OPERATING AGREEMENT
CONCESSION/RESTAURANT
THIS LEASE made and entered into this 24th day of -
between THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to
as the "LESSOR" and Tres Hermanas Concessions , hereinafter referred to as the
"LESSEE ".
WITNESSETH
That in consideration of the payment of rent hereinafter provided and the keeping and
performance of the covenants and agreements of the Lessee, as hereinafter set forth, Lessor has
and does hereby lease unto the Lessee, a certain area in the Pueblo Plaza Ice Arena located at
100 N. Grand Avenue, Pueblo, Colorado, (herein "ICE ARENA ") described in Exhibit A
attached hereto and incorporated herein as if set out in full (herein "Property" or "Leased
Premises ") for the sole purpose of conducting a concession/restaurant business therein and non-
exclusive use by patrons of the lounge area shown on Exhibit "A" (herein,_ "Lounge Area ")
for a term of five (5) years from April 7, 1997 to April 7, 2002.
DEFINITIONS
DIRECTOR OF PARKS AND RECREATION: Person in charge of the Ice Arena for the
Lessor, his assistant or duly authorize agent.
1. RIGHTS AND PRIVILEGES OF LESSEE
A. Lessee shall engage in and conduct said Concession/Restaurant business at and
on the Property during the hours specified in paragraph III (J) for the
convenience of patrons and tenants of the Ice Arena and the general public
desiring such services at the Ice Arena; which right, without limiting the
generality hereof, shall include:
B. The non - exclusive right, subject to necessary licensing, to serve food, foodstuffs,
soft drinks, and other items pertaining to the operation of a
concession/restaurant, the right to sell ice cream products, candies, and similar
items commonly offered for sale at a restaurant. Periodicals, gifts, souvenirs,
post cards, tobacco products, gum and similar items shall not be sold or vended
by Lessee.
C. The non - exclusive right to prepare food on the Property and deliver, or cause
to be delivered, to and for the purpose of consumption elsewhere.
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D. The right to use, operate, and maintain equipment owned by Lessor and shown
in Exhibit C attached hereto and made a part hereof ( "Equipment ").
E. The right to equip, install, and maintain on the Ice Arena, at Lessee's expense,
signs advertising Lessee's business conducted on the property; provided
however, that in all cases the number, size, location, general type and design,
and the method of installation shall by subject to the prior approval of -the
Director of Parks and Recreation. This limitation shall apply to and include all
signs, placards, posters, or other forms of identification or advertising media,
installed, placed upon or affixed to the Property exclusively to Lessee hereunder.
F. The right, subject to prior approval of the Director of Parks and Recreation, of
plans and specifications, location and inspection of same; to make
improvements, modifications, revisions and other alterations to the Property.
Costs of such improvements, modifications, revisions and alterations shall be
borne solely by Lessee, and all such improvements, modifications, revisions or
alterations shall become and remain the property of the Lessor.
II. RIGHTS AND PRIVILEGES OF LESSOR
A. All rights not herein specifically granted to the Lessee are reserved to Lessor.
B. Lessor also reserves the right to require Lessee to make any adjustments deemed
necessary to improve the appearance of the Leased Premises or the quality of
service rendered in connection with Lessee's operation.
III. OBLIGATIONS OF LESSEE
A. It shall be the obligation of Lessee to continuously operate and conduct the
concession/restaurant business as herein set forth in a first class manner, and to
maintain the Property at all times in a safe, clean, orderly and attractive
condition.
B. Lessee, its officers, employees, agents or servants shall, at all times, comply
with the Federal Pure Food and Drug Laws, Health Rules and Regulations and
other applicable Laws and Regulations of thhe United States Government, and the
State of Colorado, and all applicable Ordinances, Codes and Regulations of the
City of Pueblo, including the rules and regulations governing the operation of
the Ice Arena.
C. All food, beverages, confections and other items sold and kept for sale by
Lessee shall be of high quality, wholesome and pure and the service shall be
prompt, attractive, clean, efficient and courteous. Violation of any provision of
this paragraph by Lessee, its officers, employees, agents or servants shall cause
this Lease to be subject to cancellation by Lessor, if not corrected immediately
upon written notice by the Director of Parks and Recreation.
D. Except as otherwise specifically provided herein, Lessee shall pay all costs of
operating the restaurant business and maintaining the Property, including without
restriction because of enumeration, necessary personnel, al licenses, permits or
other similar authorizations as required under Federal, State of Local Laws and
requirements of this Lease and the rights and privileges extended against its
property, situated on, or within, the Leased Premises or otherwise within the
confines of the Ice Arena.
E. Lessee shall, at its sole expense, maintain, clean and keep the Leased Premises,
(lounge, storage and food preparation areas) and all improvements thereon,
including without limitation, the Equipment, Sewer and Water lines and
connections, in good condition, appearance, and state of repair and provide all
interior building maintenance and custodial service for the Leased Premises. It
being expressly understood and agreed that Lessor shall not be responsible for
any defect in the Leased Premises or improvements thereon or obligated to make
any repair, except for exterior maintenance and repairs to the exterior of the
Property. —
If Lessee should fail to keep and maintain the Leased Premises or improvements
thereon in such good order and repair as is reasonable required, Lessor may
enter the Leased Premises, without such entering causing or constituting a
termination of the Lease, or an interference with the possession of the Leased
Premises by Lessee, and perform the necessary maintenance and/or restoration
work to the Leased Premises to the condition required by the Lessor, the cost
of which shall be borne solely by Lessee. All such costs shall be paid by Lessee
to Lessor in addition to rents, within thirty (30) days after completion of the
work.
F. The Lessee shall, at its own expense, keep the Leased Premises neat, clean, safe
and orderly at all times, free of waste, rubbish and debris, and shall provide a
complete and proper arrangement for the sanitary handling and disposal of all
trash, garbage, and other refuse resulting from its activities at the Ice Arena.
The lessee is responsible for cleaning the tables, chairs and floor of the leased
premises (lounge, storage and food preparation areas) at all time. Aluminum or
other recyclable receptacles shall be emptied on a weekly basis. All trash,
garbage, and other refuse shall be out of view of the public.
G. Lessee shall at al times retain an active, qualified, experienced and competent
manager to supervise the restaurant business who shall be authorized to
represent, act for and on behalf of the Lessee.
V
Lessee's personnel shall be courteous, efficient, clean and neat in appearance,
and shall be trained and qualified to perform any and all services to the public
required or contemplated under the terms of this Lease.
Lessee shall not employ any person or persons in or about the Leased Premises
who shall use improper language, or act in a loud, boisterous, or otherwise
improper manner:
H. Lessee, except as may be otherwise provided in other contracts entered into with
the Lessor, shall not engage in any business at the Ice Arena other than that
which is expressly authorized herein.
I. Lessee shall repair all damages to the Leased Premises caused by its officers,
employees, invitee, agents or patrons or arising out of Lessee's operations
thereon.
J. Period of operation.
1. Except as here in set forth, the concession/restaurant shall be open during
times when the ice arena is occupied by the public or special events.
IV. OBLIGATIONS OF LESSOR
A. Lessor, at its cost, shall provide water, sewer and electrical services for the
Leased Premises, unless conditions beyond the Lessor's control shall prevent
Lessor from so supplying such water, sewer and electrical services.
B. Lessor shall not be responsible for any damage to, or loss of property of Lessee,
its officers, employees, agents, servants, patrons, or any other person or persons
at the Ice Arena.
V. PAYMENTS
A. Concessionaire shall pay to the City the amounts set forth in his Proposal in
monthly installments equal to the greater of (i) one - twelfth (1/12) of the
Minimum Annual Guarantee, or (ii) the specified percentage of gross sales for
each month. Monthly installments shall be paid to the City's Director of
Finance at his office in City Hall on or before the tenth (10th) day of each
calendar month starting with the tenth of May 1997. The first and last calendar
month shall be prorated. Final settlement and accounting of annual amounts
payable to City shall be made and paid on or before the first day of May of
each year commencing May 1, 1998.
Pic
B. The concessionaire agrees to furnish the City with monthly statements showing
the daily receipts from sales or otherwise of said concessionaire during the prior
calendar month. In the event the concessionaire should fail to furnish the
monthly returns by the 15 day of the following month, then the City, at its
option, may terminate and cancel this lease without further notice. The
concessionaire agrees to keep adequate books and records of accounts and
agrees to permit the City or any designated representative of the City to examine
and inspect said books or records upon request, made either orally or in writing,
when so made upon the concessionaire. In the event said inspection is refused
or denied, the City at its option may terminate or cancel this lease without notice
and without relieving the concessionaire from his liabilities incurred to the date
of cancellation.
VI. The Lessee by accepting this Lease expressly agrees for itself, its successors and assigns
that it will not make use of the Leased Premises in any manner which might interfere
with any other activities conducted at the Ice Arena. In the event the aforesaid
covenant is breached, the Lessor reserves the right to enter upon the Leased Premises
and cause the abatement of such interference at the expense of the Lessee.
VII. Lessor and- Lessee understand and agree that the General Provisions consisting of
Paragraph 1 through 11, attached hereto as Exhibit B are incorporated herein and shall
be binding upon and inure to the benefit of Lessor and Lessee as if set out herein full.
In the event of a conflict between the provisions of the General Provisions and this
Lease, the provisions of this Lease shall control.
VIII. If Lessee defaults in the payments, required to be made by lessee under this lease, or
any part thereof, or fails to perform or observe any of the conditions and covenants on
its part to be performed or observed hereunder, and such default or failure shall
continue for a period of ten (10) days after written notice thereof has been mailed to
Lessee by first class mail addressed to Lessee at its last known address at Pueblo Plaza
Ice Arena, then, in that event, and as often as same may happen, it shall be lawful for
City, at its election, with or without notice, to terminate this Lease without prejudice
to any claim for rent or for breach of covenants, or without being guilty of trespass or
forcible entry or detainer.
IX. Lessee agrees to pay to City all costs, including reasonable Attorney fees, of any action
brought by City to enforce this lease or to recover rent or other money due and unpaid
under this Lease or to recover possession of the Property, whether such action proceeds
to judgement or not.
X. No waiver of any breach of any one or more of the conditions or covenants of this
Lease by City shall be deemed to imply or constitute a waiver of any succeeding or
other breach hereunder. The acceptance of payments by City shall not constitute a
waiver of any breach then existing.
21
XI. If Lessee remains in possession of the Property after termination of the Lease without
written agreement, such possession shall be deemed to be a tenancy from month to
month upon the same covenants and conditions set forth herein and at a monthly rent
equal to two times the average of the monthly payments payable hereunder for the prior
twelve months.
XII. In the event of a fire or other casualty in or to the Leased Premises, Lessee shall
immediately give notice to Lessor. If the Leased Premises, through no fault or neglect
of Lessee, its agents, employees or invitee, shall be damaged by fire or other casualty
so as to render the Leased Premises untenantable, and City elects to repair the same,
the monthly payment herein shall abate thereafter until such time as the Leased
Premises are made tenantable by City. In the event the Leased Premises or the Ice
Arena Building, or any part thereof, shall be damaged by fire or other casualty and City
shall decide not rebuild or repair (which decision City may make in its sole discretion)
then all monthly payments owed up to the time of such damage shall be paid by lessee
and this Lease shall terminate.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of this
day and year.
DATED THIS 24th DAY OF March 1997.
Attest:
•
City Clerk
PUEBLO, A MUNICIPAL CORPORATION
By: •
Presided of a City Council
LESSEE:
APPROVED AS TO FORM:
City Attc
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EXHIBIT A
CONCESSION/RESTAURANT AREA
Attached is a plan of the portion of the Ice Arena detailing the concession area. All square
footage is approximate.
1) Serving/Food Preparation 170 Sq. Ft.
2) Storage 256 Sq. Ft.
The concession/restaurant area is restricted to the above portions of the Ice Arena, except as
otherwise set forth in the Contract Documents. Patrons of the concession area shall have non-
exclusive use of the Lounge Area subject to Lessor's rules and regulations for the use of the
Ice Arena and Lounge Area.
23
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GENERAL PROVISIONS
1. City reserves the right, without any obligation on its part to do so, to maintain and
keep, develop, modify, change, close, relocate, or improve the Pueblo Plaza Ice Arena,
or any part thereof, as it may determine, in its sole and absolute discretion, at any time.
Lessee hereby releases and forever discharges City from any and all damages or injuries
resulting from or occasioned by any such actions taken or omitted to be taken by the
City.
2. Lessee in performing its operations or providing services under the Lease shall
a. furnish good, prompt, and efficient services
b. operate and furnish services on a fair, equal, and non discriminatory basis to all
users thereof
C. charge fair, equal, reasonable and nondiscriminatory prices.
3. Lessee, its officers, agents and employees shall faithfully observe all rules and
regulations affecting the use of the Pueblo Plaza Ice Arena or motor vehicles or the use
and occupancy of the Property, whether established by the Director of Parks and
Recreation or the City, and Lessee's use and occupancy of the Property and
improvements thereon are subject to all ordinances of the City.
4. Lessee shall indemnify and save harmless the City, its officers, agents, and employees
from and against any and all claims, demands, actions, suits and expenses (including
reasonable attorney fees) of any nature including those based upon injury to persons
including death, or damage to property, including loss of use, arising out of, caused by,
or sustained by the acts or omissions of Lessee, its officers, agents, or employees, or
in connection with the performance of the Lease, or by conditions created thereby, or
by conditions of the Property, or based upon any violation of any statue, ordinance, or
regulation, except those caused by the negligence of the City, its officers, agents or
employees.
5. Lessee shall maintain at its expense during the effective period of the Lease.
a. commercial liability insurance, including contractual coverage, products liability,
and property damage insurance against liability for injuries to or death of any
person for damage to or loss of property with limits not less than $1,000,000
combined single limit per occurrence.
b. workmen's compensation insurance with policy provisions as required by
Colorado State Law.
24
Lessee shall furnish to the City Clerk certificates from an insurance company
acceptable to the City certifying such insurance to be in force during the
effective term of the Lease. All such insurance shall provide for a minimum of
ten (10) days notice to the City in the event of cancellation or material change
in the terms thereof. The City reserves the right to reasonable increase the
minimum insurance limits set forth in (a) above.
6. The Lease and these General Provisions are intended as the complete integration of all
understandings and agreements between the parties. No prior or contemporaneous
addition, deletion, or other amendment shall have any force or effect whatsoever unless
specifically included in the Lease. No subsequent novation, renewal, addition, deletion,
or other amendment to the Lease or hereto shall have any force or effect unless
embodied in a written agreement and approved by Resolution or Ordinance of the City
Council of the City.
7. Lessee shall not assign or otherwise transfer the Lease or any of Lessee's interest
therein or sublease the Property or any portion thereof without the prior written consent
of the City first had and obtained. If Lessee is a corporation or partnership, a majority
interest in the corporation or partnership shall not be sold or otherwise transferred
without the prior written consent of the City. Any such assignment, transfer or sublease
made without prior written consent of the City shall be void and ineffective as to the
City and shall constitute grounds to terminate the Lease.
8. In case any one or more of the provisions contained herein or in the Lease shall be
invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability
of the remaining provisions contained herein or in the Lease shall not be affected or
impaired thereby.
9. Whenever in the Lease or in these General Provisions any of the Parties hereto is
named or referred to, the successors and assigns of such party shall be deemed to be
included and all the covenants, promises and agreements contained herein or in the
Lease by or on behalf of the Lessee, or by and on behalf of the City, shall bind and
inure to the benefits of the respective successor and assigns, whether so expressed or
not.
10. It is the intention of the parties hereto that the Lease and these General Provisions and
the rights and obligations of the parties hereunder shall be governed by and construed
and enforced in accordance with the laws of the State of Colorado.
11. Neither the City nor Lessee shall be liable to the other for any business interruption or
any loss or damage to property whether or not caused by the negligence or other fault
of City or Lessee, or their respective officers, agents or employees. This release shall
apply only to the extent such business interruption, loss, or damage to property is
covered by insurance regardless of whether such insurance is payable to or protects the
25
City or Lessee or both. Nothing herein shall be construed to impose any other greater
liability upon either City of Lessee than would have existed in the absence of this
provision. This release shall be in effect so long as the applicable insurance policies
contain a clause to the effect that this release shall not affect the right of the insured to
recover under such policies. Such clauses shall be obtained by the parties whenever
possible. The release in favor of City contained herein, is in addition to, and not in
substitution for, or in diminution of the hold harmless and indemnification - provisions
hereof.
26
EXHIBIT C
ICE ARENA CONCESSION/RESTAURANT INVENTORY
(as of January 1997)
1
1
1
1
1
1
1
1
1
1
1
�1
#0022 -09
Drawer - Warmer Alto -Shamm Model 500 -20
#0027 -09
Freezer 20.5 Sq. Ft. Howard Model HCAD -20
#0025 -09
Fry Center Combo American Wyott Corp.
#0037 -09
Hot Chocolate Dispenser Star Model 1 -12
#0176 -09
Hot Dog Cooker, Star 175H
#0192 -09
Ice and Drink Machine Ice- O -Matic D- 400- A -38S -4
#0138 -09
Microwave Oven, Amana
#0045 -09
Popcorn Popper 15 oz. Star Model 89D
#0048 -09
Refrigerator 19 Cu. Ft. Howard Model HC20
#0054 -09
Sink 3 Compartment Stainless Metal Master 3
#0062 -09
Work Table Stainless 6' John Boss and Co. #S1
Farmer Bros. 5 burner coffee maker
27
ARTICLE 1
F. PERFORMANCE BOND
Bond Number 54039393
KNOW ALL MEN BY THESE PRESENTS :
That we TRES_ HERMANAS CONCESSTONS a PARTNERSHIP
(Name of Contractor) (Corporation, Partnership, or Individual)
hereinafter called "Principal" and UNITED 1 I;R E? CASUALTY COMPANY
(Surety)
of 118 2ND AVE. , SE CEDAR RAPIDS State of COLORADO , hereinafter
IOWA 52407
called the "Surety ", are held and firmly bound unto the City of Pueblo, a Municipal Corporation,
hereinafter called "City ", in the penal sum of
WO THOUSAND AND NO/ 100--------------------------- - - - - - -- --- - D o ll ars
($ 2,000-00 ) 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,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into
• certain contract with the City, dated the 24TH day of MARCH , 19 97 ,
• copy of which is hereto attached and made a part hereof for the construction of:
OPERATION OF PUEBLO PLAZA ICE ARENA
CONCESSION /RESTAURANT (MINIMUM ANNUAL GUARANTEE)
PROJECT #97 -026
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof (including all warranty periods), and an extensions thereof which may be granted
by the City, with or without notice to the Surety, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the City from all costs
and damages which it may suffer by reason of failure to do so, and shall reimburse and repay
the City all outlay and expense which the City 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 the terms of the contractor to
the work to be performed thereunder or to the specifications ac6mpanying the same shall in any
way effect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the work or to the
specifications.
PROVIDED, FURTHER, that no final settlement between h City and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim ma) e unsatisfied.
-1-
(Performance Bond)
IN WITNESS WHEREOF, this instrument is executed in six (6) counter - parts, each of which
shall be deemed an original, this the 28 TH
ATTEST :
B N/A
(SEAL)
Principal Secretary
By X _ '> zz � 7/'�A ej
(Witness as to Principal)
SERENA M. TORRES
_1414 W. 4TH ST., PUEBLO,CO 81 004
(Address)
ATTEST :
B SEE POWER
(Surety) Attorney -In -Fact
(SEAL)
By X Y��u
(Witness as to Surety)
SHARON A. SAMUELSON
1414 W. 4TH ST. , PUEBLO C0 81004
(Address)
By X
NA I E TRIST , P
1521 SIERRA ST., PUEBLO;CO 81 006
(Address)
UNITED FIRE & CASUALTY COMPANY
Surety
By
Attorney -in -Fact
DENNI E. FLORES
1414 W. 4TH ST., PUFBLO,CO 81 004
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all
partners shall execute bond.
day of APRIL i9 97
TRES HERMANAS CONCESSIONS
Principal
-2
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company — See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint JERRY L. THOMAS, OR DENNIS E. FLORES, OR SHIRLEY E. KLIPFEL, OR
SHARON A. SAMUELSON, OR DONALD LEARNED, OR JOHN THATCHER, OR PHIL C.
PANTLEO, OR SERENA M. TORRES, OR GAIL E. BEAL ALL INDIVIDUALLY
of P 0 BOX 4316 PUEBLO CO 81003
its true and lawful Attorneys) —in —Fact with power and authority hereby conferred to sign, seal and execute in its behalf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: $1,000,000
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire JUNE 22nd 1998 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By —Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V — Surety Bonds and Undertakings.
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint
by written certificates attorneys -in -fact to act In behalf of the Company In the execution of policies of insurance, bonds, undertakings and other
obligatory Instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any
powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the
Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth In their respective certificates of authority shall have
full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. The President
or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attorney -in -fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
ktU3��� to be signed by its vice president and its corporate seal to be hereto affixed this
4� 22nd day of JUNE A.D. 1996
�` COltOtATE
SIAL UNITED FIRE & CASUALTY COMPANY
anti
ft
'WtYlotI B
Y
Vice President
State of Iowa, County of Linn, ss:
On this 22nd day of JUNE 1996, before me personally came MAYNARD L. HAN SEN
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a
Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of said corporation; that the seal affixed to the said instr ent is such corporated seal; that
it was so affixed pursuant to authority given by the Board of Directors of said corporatio and that he signed his na et
pursuant to like authority, and acknowledges same to be the act and deed of said corporati n.
JUDITH A. DAVIs
Public kly (,0k!VI8S��N Ek.P IRES My commission ? Notary
es FEB . 9 19 9 7
z-- _y.=.q. - -
CERTIFICATION
1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify 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 FILE 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.
Harr, » � In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said
?�k Company this7/� day of ��� 19 Q�
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� JssJ1L �
a , M .c Secretary
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