HomeMy WebLinkAbout20131150.tiffRESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1584 - GERRARD FAMILY LIMITED PARTNERSHIP,
LLLP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated February 14, 2007, the Board approved the application
of Gerrard Family Limited Partnership, LLLP, 1739 South County Road 13C, Loveland,
Colorado 80537, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial and Industrial Zone Districts (construction business with two shop
buildings, an office, and outdoor storage) in the A (Agricultural) Zone District on the following
described real estate, to wit:
Part of the SW1/4 of Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on September 17, 2007, the Board of County Commissioners of Weld
County, Colorado, approved an Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance), between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Gerrard
Family Limited Partnership, LLLP, with terms and conditions being as stated in said agreement,
and accepted Subdivision Performance Bond #104773587, from Travelers Casualty and Surety
Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of
$70,920.27, and
WHEREAS, on April 6, 2009, the Board accepted replacement Subdivision Performance
Bond Rider #104773587, drawn on Travelers Casualty and Surety Company of America, in the
- amount of $29,996.40, effective April 1, 2009, for the remaining on -site improvements, and
WHEREAS, on January 11, 2010, the Board accepted an additional Rider to Subdivision
a- mE
▪ Performance Bond Rider #104773587, drawn on Travelers Casualty and Surety Company of
8t America, effective November 1, 2009, reducing the warranty collateral from $29,996.40, down to
$3,239.46.
gT WHEREAS, staff from the Weld County Departments of Planning Services and Public
m3 Works have conducted a visual inspection and recommend release of said collateral.
NFL
u Q1-0-- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
LL° Weld County, Colorado, that Subdivision Performance Bond Rider #104773587, drawn on
DC ;Si
Travelers Casualty and Surety Company of America, in the amount of $3,239.46 be, and hereby
ma c �y is, canceled and released.
mNt.
amv
��_y BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
e is, directed to return said collateral to the appropriate issuing party.
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CANCEL COLLATERAL - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD9UNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
De
Clerk t he Board
O ! • , e FORM:
ounty Attorney
Date of signature:
Barbara Kirkmeyer
5101 1D13
05/3 0f 0e 0,11:0 R1168 9AMd Recorder, Fee
Weld County, CO
Steve Moreno,
%r
4F1VrNoahwaLM�PI�+ek 1519414 ®l III
illiam F`Garcia, Chair
ougl Rademac er, Pro-Tem
Q,
n P. Conway
e Fre an
2013-1150
PL1872
MEMORANDUM
TO: Clerk to the Board
DATE: 5/2/2013
FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item: Final Release of Collateral
Gerrard Family Limited Partnership, LLLP
(USR-1584)
Request for Final Release of Collateral:
The Department of Public Works received a request from the applicant, Nathan Gerrard,
requesting the final release of collateral, for the Construction Business Facility (USR-1584),
located on CR 13 and south of SH 34, northeast of the town of Johnstown.
Weld County Public Works Department performed a site inspection, at the above mentioned site,
and observed the following:
• All Public Works related items on Exhibit A, of the Improvements Agreement According
To Policy Regarding Collateral For Improvements Document # 2007-2931, have been
completed and are found to be acceptable.
Weld County Collateral List:
Gerrard Family Limited Partnership, LLLP (PL1872 #2007-2931)
USR #1584 - On -Site Imps Agrmt. Private Road Maintenance
Subdivision Bond #104773587, Travelers Casualty and Surety Co.
No Expiration Listed $70,920.27
Partial Release (2009-0803) 40.293.87
Rider received. Effective 04/01/09 $29,996.40
Rider Received Effective 11/01/09 for one year (2010-0058) $3,239.46
Recommendation:
The Departments of Public Works and Planning Services are recommending final release of
collateral, as shown above from the Weld County Collateral List, in the amount of $3,239.46
pc: Don Carroll, Weld County Public Works
Kim Ogle, Weld County Planning Services 2013A 150
C:\Users\dbechler\AppData\Local\ Microsoft \ Windows \Temporary Internet Files\Content.Outlook\C07XGS5G\Final Collateral Release - Gerrard
(USR-I584)-MEMO.docx
MEMORANDUM
To: Richard
Hastings, Public Works
From: Kim Ogle, Planning Services
Subject: Request for Release of collateral
Gerrard Construction, Inc.
Date: May 1, 2013
The Department of Planning Services has received a request for full release of collateral held
for the Gerrard Construction, Inc. (File No. USR-1584) currently held in the amount of
$3,239.46. The Board has previously granted partial release of the bond amount in March and
December 2009.
Representatives for Planning Services conducted a field investigation on March19, 2013 to
determine compliance with the recorded USR-1584 Landscape Plan. Staff determined the site
improvements, including plant materials, turf, site furnishings and similar items have been
installed per the approved and recorded drawings. Based on visual inspection, the findings of
this visit determined that the on -site non -transportation improvements were constructed and the
plant materials are thriving.
Based on this visual inspection, it is recommended by the Department of Planning Services that
Subdivision Bond No. 104773587 for Gerrard Excavating, Inc., located at 1739 South County
Line Road 13C, Loveland, Colorado 80537 from Travelers Casualty, One Tower Square,
Hartford, Connecticut 06183 for the on -site improvements associated with the Gerrard
Excavating, Inc. property, Case Number USR-1584, in the amount of three thousand two
hundred thirty-nine and 46/100s ($ 3,239.46) dollars be released in full.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
April 16, 2013
Weld County Board of Commissioners
PO Box 758
Greeley, CO 80632-0758
Reference: USR-1584 On -Site Improvements Agreement
Gerrard Family Ltd. Partnership, LLLP
Collateral Release
This letter is to formally request the release of collateral for the above mentioned agreement.
The bond number is 104773587 supplied by Travelers Casualty and Surety Company of America.
The following improvements have previously been released;
Driveway grading
Driveway road base
Detention ponds
Parking Lot grading
Parking Lot toad base paving
Road Culvert
FES
Outlet Structure
Engineering and Supervision
the remaining items; driveway paving and landscape trees are also complete
Thank you,
Nathan Gerrard
Gerrard Family Ltd.. Partnership, LLLP
Att:tpi
Wilk
COLORADO
May 9, 2013
Attn: Nathan Gerrard
Gerrard Family Limited Partnership, LLLP
27486 County Road 13
Loveland, Colorado 810534
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4227
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral — Gerrard Family Limited Partnership, LLLP
Mr. Gerrard:
Attached hereto, please find the Board of County Commissioners Resolution releasing the
Collateral for Gerrard Family Limited Partnership, LLLP., in the amount of $3,239.46. If you
would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at
970-304-6530. The original Bond and riders, #0104773587, have been returned to Travelers
Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in
the amount of $3,239.46.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By
Donna J. Bem"xfer,
Deputy Clerk to the Board
0/3 i/5o
t‘tot
Wilk
COLORADO
May 9, 2013
Attn: Renee Stein
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, Connecticut 06183
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4227
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral —Gerrard Family Limited Partnership, LLLP
Ms. Stein:
Attached hereto, please find the Board of County Commissioners Resolution releasing the
Collateral for Gerrard Family Limited Partnership, LLLP, in the amount of $3,239.46. If you
would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at
970-304-6530. I am e -mailing a copy of the original and two riders to Subdivision Bond
#104773587 to you.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:'LC4 dedieJ
Donna J. Be ler,
Deputy Clerk to the Board
TRAVELERSJ
Travelers Casualty and Surety Company of America
Hartford, CT 06183 $e
deo Ay Collie Sed 6
r
RIDER
7'o be attached to and form part of Bond No. _104773587
y ' o y
et*
r.
r.
,5e
oa
Issued on behalf of Gerrard Excavating, Inc. , .Principal, and in favor of County of Weld%
Colorado , as Obligee
It is agreed that:
1. The Surety hereby gives its consent to change :
from:
to:
2. The Surety hereby gives its consent to change the Address
from:
to:
3. The Surety hereby gives its consent to change
the bond limit ---
from: $29, 996.40
to: 53, 239.46
4. This rider shall become effective as of November 1, 2009.
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider
shall not be cumulative.
Signed, sealed and dated this 28th day of December, 2009.
Travelers Casualty and Surety Company of
Brnrerica
County of Weld, Colorado
Accepted:
Obligee
(
By:
or
By:
nee Stein, Attorney -in -Fact
Gcrrar xcava mg, Inc.
Principal
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS J
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 220225
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 002960087
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Christine A. Herbert, Steven J. Ewing, Bryan K. Brenning, and Renee Stein
of the City of Loveland State of Colorado , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS
WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this
April 24th
day of L ie
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
By:
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
George({ Thompson, ice President
24th
On this the day of April 2009 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
`S(\cti , a. -
Marie C. Tetreault, Notary Public
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company.ofAmerica,'and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of December 20 09
C
Kori M. Johans Assistant Secretary
1977
yrcry
91 927
To verify the authenticity of this Power of Attorney, call I -800-421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
RIDER
To be attached to and form a part of:
Bond No. 104773587
Type of Bond: Subdivision Performance Bond
Travelers Casualty and Surety Company of America
One Tower Square 3PB, Hartford, CT 06183
WoId County
LEY ngODope�nt
G
APR 0 2 2009
RECEIVED
Executed by Gerrard Excavating, Inc. as Principal, and by Travelers Casualty and Surety Company of America,
as Surety, in favor of County of Weld, State of Colorado and dated September 5, 2007.
In consideration of the premium charged for the attached bond, it is hereby agreed to change:
Contract Price
From:
$70,920.00
To:
$29,996.40
This rider is effective April 1, 2009.
This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and
shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of
said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein
expressly modified.
SIGNED, SEALED AND DATED this 1st day of April 2009
*RIDER ACCEPTED -BY:
(Obligee)
By:
Gerrard Excavating, Inc.
ncipa
ers Casualty _ and Surety Company of America 7
Ren a Stein, Attorney -in -Fact
Date
`If Obligee signature required, please sign duplicate and return to Surety.
S-1234 (01-99)
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS J
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 220225
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 002504635
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America arc
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that
the Companies do hereby make, constitute and appoint
Christine A. Herbert, Steven J. Ewing, Bryan K. Brenning, and Renee Stein
of the City of I nveland State of Colorado , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteeing the fidelity of persons. guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any ad}ions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrmnentato be signed and their, corporate seals to be hereto affixed, this 17th
day of July 2008 - -
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
By:
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GeorgThompson. ' cnior ice President
On this the 17th day of duly 2006 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
\-i\.a/Ctiti
C. -
Mene C TeaseNotary Public
58440-5-07 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure[' Company ofAmerica, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney, executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1St day of April
Kori M. Johans
Assistant Secretary
2009
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
SUBDIVISION
PERFORMANCE
BOND
(Annual Premium until Released
by Obligee)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Bond No 104773587
KNOW ALL PERSONS BY THESE PRESENTS, That we, Gerrard Excavating Inc., called the
Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, called the
Surety, are held and firmly bound unto County of Weld, State of Colorado, called the Obligee, in the
sum of Seventy Thousand Nine Hundred Twenty Dollars and 27/100 -- ($70,920.27) for the payment
thereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, in order to file a plat or subdivision map, or to obtain a permit, the Principal has entered
into a contract with the Obligee which requires the Principal make certain improvements to the land as
more particularly set forth in On -site Improvements Agreement (hereinafter referred to as the
"Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the
improvements described in the Contract on or before September Sni , 2008 (or within such further
extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety),
then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject
to the following conditions:
1. This bond runs to the benefit of the named Obligee only, and no other person shall have any
rights under this bond. No claim shall be allowed against this bond after the expiration of one year
from the date set forth in the preceding paragraph, or one year from the end of the latest extension of
time consented to in writing by Surety, whichever occurs last. If the limitation set forth in this bond is
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the
reasonable cost of completing the improvements described in the Contract not completed by the
Principal, or the sum of this bond, whichever is less.
Signed this S 'day of September, 2007.
Gerrard Excavating, Inc.
(Principal)
By: Z.
Travelers Casualty and Surety Company of America
By��`
gs-a7
Steven J. Ewing, Attorney -in -Fact
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 217948
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No0 0170 512 9
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Richard D. Herbert, Christine A. Herbert, Steven J. Ewing, and Bryan K. Brenning
of the City of Loveland State of Colorado , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
21st
IN WITNESS WHEREOF, the Compptdc have caused this instrument to be signed and their corporate seals to be hereto affixed this
day of June
[V00 ��
Farmington Casualty Company
Fidelity and Guaranty Insurance Company...
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
State of Connecticut
City of Hartford ss.
By
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GeorgThompson, fl ice President
21st June 2007
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of lune, 2011.
`C \O.Aih C. j.. a Q.t
Marie C. Tetreault. Notary Public
58440-8-06 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America„ and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked. `
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
day of 20
C:litKori M. Johans Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number,
the above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
U.S. Postal Service
CERTIFIED MAIL:., RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
the1LT
Postmark f. V
5,/L,
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nt o emoe • "r
•ncipet r5 us�¢ll�.r,�uref�-Ca.o{ n�er'
orPoauxNa. ne-.Tar&/er 69.are
City Ste -, ZI - -
al
PS Form ]900. June 2002
See Reverse to, Ins,re
• Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
• Print your name and address on the reverse
— so that we can return the card to you.
• Attach this card to the back of the mallpiece,
or • ` the front if space permits.
ressed to:
.Qenee 5? - e/1/2
7rcty er5 Oasad/>< and
Su rtty Coffiyn o�iziiner/e
nie ea'er .4.iectre
h/ar/fard eT ewes
2. Article Number
Mangler from service label)
D. Is delivery address different from kern 1? O Yes
If YES, enter delivery address below: O No
Type
Certified Mall O Express Mall
Registered O Return Receipt for Merchandise
O Insured Mal O C.O.D.
7004 2890 0003 5709 85149
P3 Fbrrn $811, dthuay 1004
Ddmeetic Return Receipt
102606024A-1SW
Donna Bechler
From:
Sent:
To:
Subject:
Nathan Gerrard [ngerrard@gerrardinc.com]
Thursday, May 09, 2013 12:39 PM
Donna Bechler
RE: Release of Collateral
27486 County Road 13 /Loveland, CO 80534
office 970.669.1463 / fax 970.669.1964
From: Donna Bechler[mailto:dbechlerftco.weld.co.us1
Sent: Thursday, May 09, 2013 11:41 AM
To: ncterrardC@gerrardinc.com
Subject: Release of Collateral
Mr. Gerrard,
I am getting the paperwork ready to send you regarding the release of your collateral from Weld County Government,
but am unable to find a current address for you. Could you please e-mail me an address to send it to.
Thank you.
Donna Bechler
Deputy Clerk to the Board
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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protected from disclosure. If you have received this communication in error, please immediately notify sender by return
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1
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