HomeMy WebLinkAboutCarmen Dunphy - Supplemental Development Agreement - 10/23/2006 SUPPLEMENTAL DEVELOPMENT AGREEMENT
This Supplemental Development Agreement (the "Agreement") is made and
entered into as of6--fv�erl by and between Carmen Dunphy
(the "Developer"), anchhe City of Waterloo, Iowa (the "City").
WHEREAS, City and Developer, or Developer's predecessor in interest to the
real property legally described on Exhibit "A" attached hereto (the "Property"), are
parties to that certain Master Development Agreement (the "Master Agreement") dated
as of December 5, 2005, and filed on July 26, 2006 as Doc No. 2007002170 in the
office of the Black Hawk County Recorder; and
WHEREAS, Developer is willing and able to renovate and develop the Property.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, Developer and City agree as follows:
1. Development. The parties hereby agree that Developer's Phase Area for
purposes of this Agreement is 2,166.68 square feet and that the minimum
actual value of the Property which shall be fixed for assessment purposes, without
reduction due to application of applicable valuation rollbacks, after completion of
Improvements shall be no less than $ $103,200 ("Minimum Actual
Value").
2. Minimum Assessment Agreement. Developer acknowledges and
hereby agrees to the terms and conditions of Section 2 of the Master Agreement and
that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a
reduction in the actual valuation for the Property below the Minimum Actual Value,
through:
(i) willful destruction of the Property, the Improvements, or any part of
either;
(ii) a request to the assessor of Black Hawk County; or
(iii) any proceedings, whether administrative, legal, or equitable, with
any administrative body or court within the City, Black Hawk County, the State of
Iowa, or the federal government.
Developer agrees to sign a minimum assessment agreement in the form attached
hereto as Exhibit "B" with respect to the Improvements.
3. Tax Rebates. Provided that Developer satisfies the conditions set forth in
Section 3 of the Master Agreement, City agrees to property tax rebates as set forth in
such Section 3 in the manner and on the terms stated therein. City shall pay rebates to
Developer at least annually pursuant to a schedule to be determined by City.
Developer's share of the January 1, 2005 taxable value ($190,830) referenced in the
Master Agreement is 5.16 %, or $ 9,846.83
4. Representations and Warranties. City hereby reaffirms and restates, as
of the date of this Agreement, the representations and warranties of City set forth in the
Master Agreement. Developer hereby affirms and states that the representations and
warranties made by Company in the Master Agreement are, with respect to Developer,
true and correct as of the date of this Agreement.
5. Incorporation by Reference. The parties hereby incorporate by
reference the provisions of Sections 6 through 14, inclusive, of the Master Agreement
as though said Sections were set forth in full in this Agreement.
6. Capitalized Terms. Each term in this Agreement that is capitalized but
not defined herein shall have the meaning assigned to it in the Master Agreement,
7. Master Agreement. Developer acknowledges having read the Master
Agreement and is familiar with the terms thereof.
8. Assignment. In the event of sale of the Property, the benefits and
obligations of Developer under this Agreement shall automatically be transferred and
conveyed to the new owner. Developer shall notify City within ten (10) days of any
such transfer or sale.
IN WITNESS WHEREOF, the parties have executed this Supplemental
Development Agreement of\e date and year written above.
Deve
Carm unp y Date
City of Waterloo, Iowa
By:
Timothy J. H rl , Mayor Date
/t
Attes . r
Nanc EcI , City Clerk Date
2
EXHIBIT "A"
Unit 4 and the undivided 6.25% interest in the common elements appurtenant to said unit, "Westfield Lofts
Condominium" recorded in Doc. #2006-07463 on September 16, 2005 and laid out on part of Lots 1 thru 5
and vacated Commercial Street, Block 4, James Eggers Addition to the City of Waterloo, Iowa, and part
Lot 26, "Auditor's Falls Avenue and Mullan Avenue Plat" in Waterloo, Iowa.
3
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
THIS MINIMUM ASSESSMENT AGREEMENT, dated as of
, by and among the City of Waterloo, Iowa ("City"),
Carmen Dunphy ("Developer"), and the COUNTY ASSESSOR of the City of
Waterloo, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City and Developer have entered
into a Supplemental Development Agreement (the "Agreement") regarding certain real
property located in the City; and
WHEREAS, it is contemplated that pursuant to said Agreement, the Developer
will undertake the renovation and development of an area ("Project') within the City and
within the "Downtown Urban Renewal Area."
WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the
Developer desire to establish a minimum actual value for the land and improvements
constructed thereon pursuant to the Agreement and applicable only to the
development, which shall be effective upon substantial completion of the development,
and from then until this Agreement is terminated pursuant to the terms herein and
which is intended to reflect the minimum actual value of the land and building as to the
development only; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the improvements which it is contemplated will be erected as a part of
the development;
NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in
consideration of the promises, covenants and agreements made by each other, do
hereby agree as follows:
1. Upon substantial completion of construction of the above-referenced
improvements by the Developer on the property described in Exhibit "A" attached
hereto, the minimum actual value which shall be fixed for assessment purposes, not
including any reduction due to application of applicable valuation rollbacks, for the land
and improvements to be constructed thereon by the Developer as a part of the
development shall not be less than $_$103,200 ("Minimum Actual
Value") until termination of this Minimum Assessment Agreement. The parties hereto
agree construction of the improvements will be substantially completed on or before
January 1, 2007.
2. The Minimum Actual Value herein established shall be of no further force
and effect, and this Minimum Assessment Agreement shall terminate on, December 31,
2020.
Nothing herein shall be deemed to waive the Developer's rights under
Iowa Code section 403.6, as amended, to contest that portion of any actual value
assignment made by the Assessor in excess of the Minimum Actual Value established
herein. In no event, however, shall the Developer seek to reduce the actual value
assigned below the Minimum Actual Value established herein during the term of this
Agreement.
The City shall not unreasonably withhold its consent to permit the
Developer to contest its valuations in full, commencing with the assessment of
January 1, 2021.
3. This Minimum Assessment Agreement shall be promptly recorded by the
City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of
recording.
4. Neither the preambles nor provisions of this Minimum Assessment
Agreement are intended to, or shall be construed as, modifying the terms of the
Agreement between the City and the Developer.
5. This Minimum Assessment Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have entered this Minimum Assessment
Agreement as of the date first written above.
CITY OF WATERLOO, IOWA
By:
imothy J. , Mayor
Attest:
By: c
Nancy Lckert 'ity Clerk
2
DEV OPER
i
Carmen Dunphy
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
On this (, Q day of �� , before me, a Notary Public
in and for the State of Iowa, personally appear d Timothy J. Hurley and Nancy Eckert,
to me personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said municipal corporation, and that said instrument was
signed and sealed on behalf of said municipal corporation by authority and resolution of
its City Council, and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said municipal corporation it and by t m volu arily executed.
of ry Public
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Acknowledged before me on by
Notary Public
3
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the
improvements to be constructed and the market value assigned to the land upon which
the improvements are to be constructed for the development, and being of the opinion
that the minimum market value contained in the foregoing Minimum Assessment
Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor', being legally responsible for the assessment of the property subject to the
development, upon completion of improvements to be made on it and in accordance
with the Minimum Assessment Agreement, certifies that the actual value assigned to
such land, building and equipment upon completion of the development shall not be
less than One Hundred and Three Thousand Two Hundred Dollars ($ 103,200) in the
aggregate, until termination of this Minimum Assessment Agreement pursuant to the
terms hereof.
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on by
Assessor for Black Hawk County, Iowa.
Notary Public
CPIanergy TM
February 7, 2007
The Honorable Timothy J. Hurley
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Waterloo Gas Transport IUB Pipeline Permit (P-867)
Dear Mayor Hurley:
The Iowa Utilities Board has issued Waterloo Gas Transport, LLC a pipeline permit for
the construction and operation of the biogas pipeline between the City of Waterloo
Lagoon Site and Tyson Foods. A copy of the permit and the IUB required bond are
enclosed as required by the Rights of Way Agreement. In addition, a copy of the
insurance certificate is also enclosed.
In preparation for construction, our engineer met with Eric Thorson, City Engineer, last
Friday to finalize the right of way and permit requirements. Michels Pipeline is
submitting the excavation permit and the required bond this week. Weather permitting,
Michels hopes to begin and complete construction of the biogas pipeline the week of
February 19th. The IUB inspector will be on site during construction to review and
approve the pipeline completion.
Given this schedule, Waterloo Gas Transport, LLC plans to begin processing gas and
transporting it to Tyson Fresh Meats no later than mid March. Although the process has
taken longer than expected, we believe the benefits to the City and Tyson Fresh meats
will be worth the wait.
Please let me know if you have any questions.
Regards,
q )r::=
John Sprangers
President
Enclosures
Cc: Tim Shea
bg16 7 -
Planergy • 710 Commerce Drive Suite 205 • Woodbury,MN 55125
Phone: 651.501.3933 0 Fax: 651.501.7759
STATE OF IOWA
DEPARTMENT OF COMMERCE
UTILITIES BOARD
IN RE:
DOCKET NO. P-867
WATERLOO GAS TRANSPORT, LLC
PIPELINE PERMIT
(Issued January 24, 2007)
Permit No. 1225 Lateral Waterloo Digester
Permission is hereby granted to Waterloo Gas Transport, LLC (WGT),
Waterloo, Iowa, to construct, operate, and maintain a pipeline in Black Hawk County,
Iowa, for the transportation of flammable digester gas at a maximum operating
pressure of 53.3 psig over the route attached to and incorporated by reference in this
permit.
Permit No. 1225 is granted subject to the provisions of Iowa Code
Chapter 479 (2007), 199 Iowa Administrative Code Chapters 9 and 10 (2007), and
the January 12, 2007, "Proposed Decision and Order Granting Permit' issued in this
docket.
The January 12, 2007, Order also set forth additional permit conditions to
assure the pipeline will be operated and maintained in conformance with applicable
requirements. WGT may not begin construction of the pipeline until it files a surety
bond that complies with the requirements of Iowa Code § 479.26 with the Utilities
Board (Board). WGT may not begin operating the pipeline until it files an operations
DOCKET NO. P-867
PAGE 2
manual that complies with the requirements of 49 C.F.R. Part 192 with the Board for
review and acceptance. If WGT does not continue its contractual relationships with
Swan Engineering, Inc or Michels Pipeline Construction, or significantly modifies
either or both of them, WGT must notify the Board at least 30 days prior to
discontinuance or modification and explain how it intends to comply with applicable
state and federal requirements regarding the pipeline contained in Iowa Code
Chapter 479, 199 IAC § 10.12, and 49 C.F.R. Part 192.
Permit No. 1225 shall be effective until January 24, 2032, unless revoked,
terminated, or amended by the Utilities Board.
UTILITIES BOARD
/s/ John R. Norris
Chairman
ATTEST:
/s/ Judi K. Cooper
Executive Secretary
Dated at Des Moines, Iowa, this 24th day of January, 2007.
EXHIBIT A
Legal Description
Affected Parcels all in Blackhawk County, Iowa
City of Waterloo Lagoon Parcel
THAT PART OF SE NE & THAT PART OF NE SE LYING SLY OF SLY LINE OF RT OF WAY OF C G W
RR & NLY OF A LINE DRAWN PAR TO & 222.6 FT DIST SLY FROM SAID RT OF WAY LINE&ALSO
THE E 66 FT S 3/4 OF W 1/2 SE 1/4 SEC 20 T 89 R 12 & EASE B 560 P 195
Martin Luther King Jr. Drive right of way
City Waterloo Blvd Parcel
A PARCEL OF LAND LOC IN THE NW 1/4 OF THE SE 1/4 OF SEC 21 T 89 R 12 DESC AS FOL: COM
AT THE NE COR OF THE SE 1/4 OF SAID SEC 21 TH S 89 DEG 49 MIN 47 SEC W ON THE N LINE
OF THE SE 1/4 OF SAID SEC 21 A DIST OF 1319.42 FT TO THE NE COR OF THE NW SE OF SAID
SEC 21 THE PT OF BEG TH SE ON THE E LINE OF THE NW SE OF SAID SEC 21 A DIST OF 540.14
FT TH N 73 DEG 43 MIN 21 SEC W A DIST OF 669.38 FT TH N 81 DEG 47 MIN 36 SEC W A DIST OF
6878.38 FT TO THE W LINE OF THE SE 1/4 OF SAID SEC 21 TH NW ON THE W LINE OF THE SE 1/4
OF SAID SEC 21 A DIST OF 250.31 FT TO THE NW COR OF THE SE 1/4 OF SAID SEC 21 TH N 89
DEG 49 MIN 47 SEC E ON THE N LINE OF THE SE 1/4 OF SAID SEC 21 A DIST OF 1319.42 FT TO
THE PT OF BEG
Tyson Foods Parcels
#1
SW NE SEC 21 T 89 R 12
#2
SE NE & EXC E 60 FT FOR RD SEC 21 T89R 12
Proposed Pipeline Route
Beginning at the NE corner of the City of Waterloo Lagoon Parcel enter the Southerly
right of way of Martin Luther King Jr. Drive and proceed SE along the right of way
approximately 4200 feet then directional bore North under Martin Luther King Drive into
City of Waterloo Blvd Parcel and proceed North approximately 500 feet to the Southerly
50 feet of Tyson Foods Parcel #1 then proceed East approximately 550 feet into Tyson
Foods Parcel #2 then proceed North approximately 610 feet then East approximately 80
feet then North approximately 50 feet then East approximately 30 feet adjacent to the
building then above ground.
STATE OF IOWA
DEPARTMENT OF COMMERCE
UTILITIES BOARD
IN RE:
DOCKET NO. P-867
WATERLOO GAS TRANSPORT, LLC
ORDER REGARDING SURETY BOND
(Issued February 7, 2007)
On September 28, 2006, Waterloo Gas Transport, LLC (WGT) filed a petition
and exhibits for a pipeline permit to allow it to construct, operate, and maintain a gas
pipeline in Black Hawk County, Iowa. On January 12, 2007, the undersigned
administrative law judge issued a proposed decision and order granting the
requested permit with a condition that WGT was required to file a surety bond that
complied with the requirements of Iowa Code § 479.26 prior to beginning
construction. The Utilities Board (Board) issued a permit to WGT that included the
surety bond requirement on January 24, 2007.
On February 6, 2007, WGT filed the required surety bond with the Board.
However, the bond states that it is for a one-year term beginning February 12, 2007,
and ending February 12, 2008. The financial requirement of Iowa Code § 479.26 is
an ongoing requirement that must be continuously satisfied by WGT during
construction and operation of the pipeline.
Therefore, at least 60 days prior to expiration of the bond, on or before
December 14, 2007, WGT must file evidence that satisfies the Board that WGT will
DOCKET NO. P-867
PAGE 2
continue to comply with the financial requirement of Iowa Code § 479.26 after
expiration of its current surety bond. The Board will issue an amended pipeline
permit that includes this condition. If WGT fails to timely comply with this
requirement, it will not be in compliance with the terms of its pipeline permit and will
be subject to enforcement action and civil penalties.
IT IS THEREFORE ORDERED:
On or before December 14, 2007, WGT must file evidence that satisfies the
Board that WGT will continue to comply with the financial requirement of Iowa Code
§ 479.26 after expiration of its current surety bond.
UTILITIES BOARD
/s/ Amy L. Christensen
Amy L. Christensen
Administrative Law Judge
ATTEST:
/s/ Judi K. Cooper
Executive Secretary
Dated at Des Moines, Iowa, this 7th day of February, 2007.
Y
Bond No. GRIA25913A
OP
PERFORMANCE & FINANCIAL GUARANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS, that WATERLOO GAS
TRANSPORT, LLC, an Iowa Limited Liability Company with its principal offices at 710
Commerce Drive, Ste. 205, Woodbury, MN 55125 ("Principal'), and GRANITE RE, INC.,
14001 Quailbrook Drive, Oklahoma City, OK 73134, an Oklahoma corporation duly licensed in
the State of Iowa, ("Surety"), are held and firmly bound unto the State of Iowa— Iowa Utilities
Board, 350 Maple Street, Des Moines, IA 50319-0069 ("Obligee"), in the aggregate amount of
TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00), the payment
of which we jointly and severally bind ourselves, our representatives, and successors firmly by
these presents.
RECITALS
WHEREAS, Beneficiary may draw up to Two Hundred Fifty Thousand and 00/100
Dollars ($250,000.00) for Borrower's failure to pay any and all damages legally recovered, and
not subject to further appeal, against Borrower growing out of the construction or operation of its
pipeline and gas processing facilities under IUB Permit P-867;
WHEREAS,the effective date of the this Bond is February 12, 2007, and the end date of
the Bond is February 12, 2008;
PROVIDED, HOWEVER, this surety bond is subject to the following conditions and
provisions:
a. This bond is for a specified term, beginning on February 12, 2007, and ending on February
12, 2008.
b. In no event shall Surety's liability on this bond exceed the penal sum of this bond as stated
above.
Pa2e I of 2
AV%Opy
C. No claim, action, suit or proceeding shall be had or maintained against the Surety on this
bond, unless brought or instituted and process served upon the Surety within one hundred
twenty(120) days following the last date of the term of this bond.
SIGNED AND SEALED THIS 12th DAY OF FEBRUARY, 2007.
WATERLOO GAS TRANSPORT,LLC, PRINCIPAL
Ga—d'-�
By
�1,,,
(affix corporate seal, if any, above) Its tL'
GRANITE RE,INC., SURETY
/Ionathan Pate
Its: Attorney-In-Fact
c/o Pate Bonding, Inc.
1276 South Robert Street
Saint Paul, MN 55118
(651)457-6842
Page 2 of 2_
ACKNOWLEDGMENT OF PRINCIPAL (Individual) ryiY.
State of ) �'
County of )
On this day of in the year , before me personally come(s)
, to me known and known to me to be the person(s) who (is)
(are)described in and executed the foregoing instrument and acknowledge(s)to me that_he_executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of
County of )
On this day of in the year , before me personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is
described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the
said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State
County of
r
tday oft . the year before me personally come(s)
to known, who, being duly swo i, deposes and
says t is the of the S � ��X C� t� ` S ca , LI
the corporation described in and which executed the foregoing instrument; that he
knows the seal of the said corporation; the seal affixed to the said instrument is such co orate seal; that it was s ffixed by the order
of the Board of Directors of said corporation,and that he signed his name thereto by like rder.
WANDA LEE FRANZ ��
NOTARY PUBLIC-MINNESOTA Notary Public
My Commission Expifes Jan.31,2010
CKNOWLEDGMENT OF SURETY
State of Minnesota )
County of Dakota )
On this 12th day of February, in the year 2007, before me personally come(s)Jonathan Pate,Attorney(s)-in-Fact of GRANITE
RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of
GRANITE RE. INC. company described in and which executed the within instrumen ; that he know(s) the rporate seal of such
company; and that seal affixed to the within instrument is such corporate seal and that it was a order o he Board of Directors
of said company, and that he signed said instrument as Attomey(s)-in-Fact of the said c mpan by like o r.
WANDA LEE FRANZ Notary Public
NOTARY PUBLIC-MINNESOTA
My Gommisslon Expires Jan.31,2010
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
�k .gyp
Know all Men by these Presents:
That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE, WANDA FRANZ,TOM LAHL,LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s)for the following purposes,to
wit:
To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts
and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified copy of which is hereto annexed and made
a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever
the said:
JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR may lawfully do in the premises by virtue of these presents.
In Witness Whereof,the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its Vice President and Secretary/Treasurer,this 2e day of October,2004.
TE RQ kIJ/J /`///�
S E A L Darryl Fisher,) resp d nt� .
STATE OF OKLAHOMA ) >.,,,,..
SS:
COUNTY OF OKLAHOMA ) Rodman A.Frates,Secretary/Treasurer
On this 26*day of October,2004,before me personally came R.Darryl Fisher,Vice President of the GRANITE RE,INC. Company and
Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn,
said, that they,the said R.Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE
RE,INC.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that
the seal affixed to said Power of attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that
they signed their name thereto by like order as Vice President and Secretary/Treasurer,respectively,of the Company.
-'
„pT _
My Commission Expires:
May 9,2008
Commission#:00005708 Notary Public
GRANITE RE,INC.
Certificate
THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc.,an Oklahoma Corporation,HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987,minutes of the meeting of the Board of Directors of Granite Re,Inc.
and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED,that the President,any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the Company, the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 12th day of
February,2007.
SEA L
dman A.Frates,Secretary/Treasurer
ACORDm, CERTIFICATE OF LIABILITY INSURANCE
_ DATE
PRODUCER 01/31/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DIET2 ECAD7E ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
674 E. 6T14 STREET HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ST, PAUL NAT 55106— INSURERS AFFORDING COVERAGE
INSURED
PLANERGY CAPITAL, LLC (CONTINUED BELOW) INSURFRA:WELLINGTON THROUGH BIW ASSOC.
(NSURER B:CTIUBB THROUGH B/W ASSOC.
710 CQMAJEP,CE OR, 8205 INSURER C:
WOODHURYMN 55125— INSURER O.
INSURER C-: '
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW IIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR v p.
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OT.l1ER DOCUMENT WITH R 0 THE POLICY r_RCOD INDICATED,NOTWITHSTANDING ANY
THE INSURANCE AFFORDED BY T IiE POLICIES DESCRIBED HERFIN IS SUBJECT T ASPECT TD WHICH THIS CERTIFICATE MAY IT ISSUED OR MAY PERTAIN,
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA 0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,
INSR D CLAIMS.
LT TYPE OF INSURANCE___. POLICY NUMBER ---- POLICY EFFECTIVE PO LILY EXPIII
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A GENERAL LIABILITY DATE MM/DD/YY DATE MMIDDlYY LIMITS
EACH OCCIJRRE ICE S 1,000,000
x COILiMERCIAI,t+ENGRAL LIABILITY
CLAIMa""MADE nOGCUR 19000100456 FIRE DAMACE(Antvenn Bre) S 50,000
12/21/200612/21/2007 MF,DEXP(Any one mon) $ 51000
PF'RBOMAL$ADV INJURY S 1,000,000
$2.500 DEDUCTIBLE / /
{;f;NEgAL AGGREGATE S 2,000,000
''•EN'L inca iHEG+:TG I IMI"rtoPi IP:;I'rr,
POLICY
Pk O. IPRODUCTS-iAl)MP!OP A(,rg S 21000,000
4C LOC.
AUTOMDBILE LIABILITY
ANY'AUTO I:01.181NF,r,I SINGLE UNIT
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SCHEDULED AIJ f05 @ODILY M.fIJRY
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ANY AD rO AIJTOONLY-CAACCIDENT $
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B EXCESS LIABILITY I,9fi7-7711
JOCCUR C_I rI.AiMS MAIN?
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/---/ - EACI'OCCUrR6NC_' - 5 ___-4,000,-000 _.__...
AGGREGATE S 4 ,0001000
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DEDUCTIBLE _._. 12/21/2006 12/21/2007
X RETENTION 110,000 S
WORKERS COMPENSATION pND y E
EMPLOYERS'LIABILITY WC [ 'I 75 TH
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OTHER E.L.DISEASE-POLICY LIMIT 5
DESCRIPTION OF OPERATIONS/LOCATIONs/VEHICLES/EXCLUSIONS AODED BY ENDORSEMENT/SPECIAL PROVISION5
PL-ANERGY CONST.P,UCTION, LLC MN, PLANERGY ACQUISITION CORP, PLANEAGY, INC., pLANERCY ENERGX SERVICES CORP, PLANERGY
SERVICES CALIFORNIA, I,rC. ^Lh'NERG't SF...RVICES OF HOUSTON, INC. PLANFRGY SERVICES OF TEXAS. INC. , pI,ANERCX SERVICFS. USA,
INC. . PLANERGY/RAMSEY METHANE, LLC, PLAN.GRGY WATERLOO, LLC
L4, WATERLOO CAS TRAN$?ORT LLC IA, WATERLOO CAS CLEANUP,
LLC IA CERTIFICATE HOLDER IS ADDITIONAL INSURED
CERTIFICATE HOLDER, ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF TME ABOVE DESCRIBED POLICIES BE_CANCELLEO_BEFOMES _.--- -
EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
MAxoR --
FAII.URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
CITY OF WATERLOO, IOWA. INSURER,ITS AGENTS OR REPRESENTATIVES.
75 MULBERPy ST. AU7ryORRETS AGE t AT1VEn
WATERLOO, IA $0703—
EPR
ACORD 25-S (7/97)
06, -INS025S{ng;v.),'7 I-I.ECTRONIC LASER FORMS.INC.-(19001327-o!Hn =ACORO CORPORATION 1989
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