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Home My WebLink About20120028.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#432- FLATIRON CONSTRUCTORS, INC. 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 November 30,2009,the Department of Planning Services approved the application of Flatiron Constructors, Inc., 10090 I-25 Frontage Road, Longmont, Colorado 80504, c/o Ware Malcomb, 6251 Greenwood Plaza Boulevard, Building 6, Suite 100, Greenwood Village, Colorado 80111,for an office building on the following described real estate,to wit: Lots 3 and 4, Flatiron II PUD, 2nd Filing, also being part of the W1/2 SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on February 24, 2010, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Flatiron Constructors, Inc., with terms and conditions being as stated in said agreement, and accepted Performance Bond#105375707 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of$489,810.50, and WHEREAS,staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond #105375707, from Travelers Casualty and Surety Company of America, in the amount of$489,810.50 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 11111111111111111111III 111111111 1111111 111 11111 III111II 3816449 01/06/2012 11:27A Weld County, CO P� 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I - als-Ia- 2012-0028 PL2050 CANCEL COLLATERAL- FLATIRON CONSTRUCTORS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:',; Sean P _ . way, Chair ( Weld County Clerk to the Board li F. Garcia, Pro-Tern BY: Deputy C F rk to he Board `'�� (; lC USED Kirkmwer :fir AS ► ; 4i : David E. Long County Attorney _ Dougl Rademach Date of signature: / `j-/a 111111111111111111111111111111111111111 III 11111 I I I I V 3816449 01/06/2012 11:27A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2012-0028 PL2050 MEMORANDUM TO: Clerk to the Board 1 8 6 1 - 2 0 1 1 DATE: 12/29/2011 FROM: Richard Hastings, Public Works Department WEL DEC O U N T Y SUBJECT: BOCC Agenda Item: Final Release of Collateral 1I Flatiron Constructors, Inc. (PL2050, #2010-0405) SPR-432 Request for Final Release of Collateral: Following annexation of this site to the Town of Firestone, the Department of Planning Services received a request from the applicant, Jeanette Brown/Flatiron Construction Corp., requesting the final release of collateral, for the On-Site Improvements. The site is located on the I-25 Frontage Road,just south of State Highway 119, near the Del Camino area. Weld County Public Works Department had previously 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 (ON- SITE ONLY), Document # 2010-0405, have been completed and are found to be acceptable. Weld County Collateral List: Flatiron Constructors, Inc. (PL2050 - #2010-0405) 02/24/10 SPR #432, On-Site Only Imps Agrmt Performance Bond #105375707 from Travelers Casualty and Surety Co. Received 4 originals. Keep 3 in file drawer until released and then return all 4 of them to Travelers. $489,810.50 Noncancellable. Renews automatically until released by obligee. 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$489,810.50 pc_ Dave Bauer,Weld County Public Works 2012-0028 Tom Parko,Weld County Planning Services M'.APLANNING—DEVI.I.OPMFNT REVIEW\SPR-Site Plan ReviewASPR-432 Flatirons VImprovements AgreementAFinal Collateral Release (Flatiron Constructors(SPR-432)On-Site Onl))-MEMO.docx 1B61 -2011 MEMORANDUM W E L R OT Y To: Board of County Commissioners From: Kim Ogle, Department of Planning Subject: Site Plan Review No. SPR-432 Flatiron Construction Corporation Flatiron Office Building Complex 10188 East 1-25 Frontage Road Firestone, Colorado 80504 Date: July 19, 2011 On February 18, 2010, the Department of Planning Services received a Performance Bond No. 105375707 for Flatiron Constructors, Inc., for the on-site improvements associated with the Flatiron office building, Case Number SPR-432, in the amount of four hundred eighty-nine thousand eight hundred ten and 50/100 ($ 489,810.50) dollars. On Tuesday July 19, 2011 the Department of Planning Services conducted a site investigation to verify that 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 investigation, it is recommended by the Departments of Public Works and Planning Services that Performance Bond No. 105375707 for Flatiron Constructors, Inc., located at 10090 East 1-25 Frontage Road, Longmont, Colorado 80504 from Travelers Casualty, One Tower Square, Hartford, Connecticut 06183 for the on-site improvements associated with the Flatiron office building, Case Number SPR-432, in the amount of four hundred eighty-nine thousand eight hundred ten and 50/100 ($ 489,810.50) dollars be released in full. SERVICE,TEAMWORK,IN I EGRITV,QUALITY DEC. 21. 2011 9:06AM Flatiron Constructors, Inc. NO. 4526 P. 2 • AdA Build the Best Be the Best. F L AT I RO N Flatiron Construction Corp. Jeanette I..Brown, Paralegal 10188 E.425 Frontage Road Flnztone.CO 80504 720 494 8011 DIRECT 303 882 3182 FAX December 21,2011 303 909 7011 CELL Mania Via Facsimile to: (970)3044498 Mr.Tom Perko Weld County Planning and Zoning 1555 N. 17th Ave. Greeley,Colorado 80631 Re: Flatiron Constructors,Inc. SPR#432 Release of Performance Bond No. 105375707("Performance Bond') Mr.Perko, On or about February 24, 2010 Flatiron Constructors, Inc., tendered the above referenced Performance Bond in accordance with its Improvements Agreement involving certain real property located in Weld County. On September 20, 2010, Weld County issued its Certificate of Occupancy for the improvements,and on October 5,2010 we received our letter of substantial completion from the Civil Engineer involved in this project Copies of these documents are attached for your reference. On September 28, 2011, Flatiron completed its annexation of the property to the Town of Firestone, a copy of Ordinance No. 780 recorded in the Official Records of Weld County on November 17,2011 at Reception No.3806452 is also attached hereto. An equal opperay aeuoy.r AHOCXneG Cal DEC. 21. 2011 9:06AM Flatiron Constructors, Inc. NO. 4526 P. 3 Mr.Tom Perko Weld County Planning and Zoning December 21,2011 Based on the above facts, Flatiron Constructors Inc., requests that Weld County Release the above referenced Performance Bond. Should you have any questions regarding this request please contact me. Sincerely, c7Reanette8iown Sr.Paralegal ILB/ms Ends. Pap 202 DEC. 21. 2011 9:06AM Flatiron Constructors, Inc. N0. 4526 P. 4 _ . -. F. Z - i o F E 0 Q pW La UWi g I 2 ' U V w ua � $ r.1 o 0< Lir = go 2 x v `;Cs D z u g< ° g o V G ? gtiJG " V gga LII= 9 G _I V' u M 0 g z 5 Ede^ W pi v9 cc z%zzg W o z o O 0 Z G4m m N 9 a. N V • O V o ~ 0W� 51 Li Z P^ Og N u a. Q 3a CCC Wage 3 z V w — 7W0 • Y O C Q �fl Y N U L1.. wwg iI z ..• a M ° F- a W o . _ W z ^I 4.J moI_ N C ex o WF E E o 7 1D L;= O k - b1 z_ '' m 9 �QZ S 9 ��7SS arc LLaU m o 2 o .. 4 Irmid4 §to g 5 a Sio +1 , Ma p 1 n - 39 Y� ��g Fg a so45S z3 V U W W 0 U Y a '•�.� DEC. 21. 2011 9:07AM Flatiron Constructors, Inc. NO. 4526 P. 5 WARE MALCOMB Ludln0 Dodge for Cammndd RS Edate architecture planning awlars graphics site development 10/5/!0 WELD COUNTY PUBLIC WORKS DEPARTMENT 91810 Street Greeley,CO 80631 • RE: FLATIRON OFFICE BUILDING Lit 1KR OF SUBSTANTIAL COMPLETION—CIVIL ENGINEER To whom it may concern, As the engineer of record for the flatiron Office Building project located on Lot 1 of Platoon PUP II, 10 Amendment,I have observed the construction weekly throughout the project. I have also performed a detail walk through of the site improvements with the contractor and owner. This letter confirms that in my opinion, the construction has achieved substantial completion in compliance with the approved civil engineering construction plans. Please let me know if you have any questions or need any additional information at this time. Sincerely, WARE MALCOMB . nor ii i , i t/i`t 1ti1O/S p p%; ii. tc- p Iltl'8 Y....,e \r. Us1 greenwood playa blvd. building 6.suite 100 Jeremy Gacnik greesnd village.colored* Studio Manager,Site Development 80111 D 720.488.2626 f 720.489.2625 Impaled Wit) I �..� . ousts:Man:Mu I talim_ vlWo*MAT*go•tIX6101ibWm.tMl kit andm.ntlal ClmpasIce-muWa DEC. 21. 2011 9:01AM Flatiron Constructors, Inc. • •- --NO, 4526—P. 6-- I �INI�II 3006452 11t17/2011 04:83P Weld County,CO tit lot 3 R 21.00 0 0.00 stern Moreno Mark 8 Recortt& ORDINANCE NO. 7$O AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FLATIRON ANNEXATION TO THE TOWN OF FIRESTONE,COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Flatiron Annexation and described in Exhibit A attached hereto,has been Wed with the Board of Trustees of the Town of Firestone;and WHEREAS,pursuant to C.R.S.§§31.12-108 to-110,the Board of Trustees on September 28,2011 held a duly-noticed public heating to consider the proposed emanation;and WHEREAS,notice of the hearing was published August 29 and September 4, 11,and 18, 2011 in the Longmontflailvlimas-Caiy and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado,that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado,that an election is not regidred,and farther found that no additional tares and conditions are to be imposed upon said annexation except any provided for in said petition,the annotation agreement,or otherwise agreed to by all owners,which are not to be considered additional terms and conditions within the meaning of C.R.S.§§31-12-101(1)(g),410(2)or 112,C.R.S. NOW,T1mREFORE, BE IT ORDAINED BY TIM BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: on 1. The annexation to the Town of Fhesoone of the property described In Exhibit A, attached hereto and incorporated herein by this reference,and known as the Flatiron Annexation,is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is stdrject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for 14 the annexation agreement. INTR_OltUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day ofember ,2011. 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I 4 33§= I- 2E- '/F - ✓ 45 8 W 7 I� - - 6`3 • 4£ m it i_ �d % v.I g +� v s .2!y` x ae —ea f j . syd m '� y. :�// H �/ !: d y i • R rr I £ v _ - ti I I I ICI g _ ° g; 11 g 4 I - - a ¢ // 7/ % 'L// �//%2i/i/-;,,c 72 r7„// __ 1 i % 6 rY "O `O C!.! 01 `°1 �d 11 d,y P , P1, Wy @ ( O 6 vek 6 P9` d1 Executed in Four Counterparts Bond No. 1053757d�rP PERFORMANCE BOND FOR A IO °yr G BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO G� 1S p' 1. KNOW ALL PERSONS BY THESE PRESENTS, that C'P(name) Flatiron Constructors,Inc. 10090 I-25 Fro t e Rd. (address) ,,,,gmnntr�>�5pq a (corporation, limited liability company, etc. ) Corporation , organized under the laws to of the State of Delaware , with its principal office located at Fis 10090 I-25 Frunta a Hoad (address) Inogfigarp a�ane hereinafter called "Principal", and (name 0 of surety) Travelers Casuahy', of (address of surety) One Tower Sq.,Hartfo{d,CT 06183 hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of '• Dollars ($*— ) , lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. `AndSuretyCompanyofAmerica a�Foarel 810d5r Eighty Nine Thousand Eight Hundred Ten and 50/100 Dollars WHEREAS, the above-bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely (insert the specific permit and number - USR, SPA etc) SPR-432 , and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Four Hundred Eighty;"•($""' ) , "" Nine Thousand Eight Hundred Ten and 50/100 Dollars nk."1489,810.50 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal' s failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserved the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 12th day of February, gg 2010. Flatiron Constructors, Inc. Principal n •�I1 Prim ' al retary/Witness Tit L'f P ( (SEAL) (INSURANCE COMPANY NAME) Travele//;�asualty ands S ty Company of America Es1i�E ( tit By:� r6GLlCa , J� — Witne as to Surety Mary R. M ee , Attorney-in-Fact Sherryanne DePirro 300 Tice Blvd., Suite 250 North 300 Tice Blvd., Suite 250 North Address Address Woodcliff Lake, NJ 07677 Woodcliff Lake, NJ 07677 Address Address IMPORTANT: Surety company executing bond must appear on the Treasury Department' s most current list (Circular S70 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney-in Fact' s authority from the surety company certified to include the date of the bond. CORPORATE ACKNOWLEDGMENT Form 152 STATE OF C3I0OCA COUNTY OF W On this �(' day of &e;�� s , 2010, before me personally came 1 A . On 5Co i I to me known, who, being by me duly sworn, did depose and say that she/he resides in 60ciPr, &7IoK'cJo that she/he is the \Ict PI CJ PI-- of the f1(,ii n onS4k ++r5 in. . the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. MARY MANSHEL (SEAL) Notary Public State of Colorado 1 4A4 nSG-A 10 02,20R. CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 12th day of February , 2010, before me personally came Mary R. McKee to me known, who, being by me duly sworn, did depose and say that she/he resides Saddle Brook, NJ that she/he is the Attorney-In-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (SEAL) SHERRYANNE DEPIRRO A NOTARY PUBLIC OF NEW JERSEY �' �y MY COMMISSION EXPIRES 2/10/2012 rAva-soar!, ?_Y rICA HART RD,Ci] i:C5JY:T€%S3 .PINANCIALSTATSakraSOraER3;,2203 twin".a mJ.n:fA">w'P assays C.ASt a " $ice CASH S 1:5,779,723 tlitAr1i1F➢PFiWRIMS S 8 9%r_ acHa3 3,437. 7,38! ?P2,3s3'&^94. SOCK 7,58n a LOSS 7d3.JJSTIIBCF ENSEES 275,? ]SL NVEST6el_--iT C` aWD ACCRUED 6550831 ODD t PJSS s2.§57ftm5 PcZ' Shi 34CES 3a3,SS2,t>S tkx.sS 3j1O-•b:--Es 3.N©:—S £3 1,4116 NET cra- ,3 JT)C fl 4%G73,233 OtrEtt E. E$-tE-S '?0..'47, { keltieSUOSIy- '�"-" k 72.42x,37 . ?J1CS tin?tilta PEiN URt.4G_TREA !!S 017q As c ro 85,225,230 G tht'b' at&AND FOKarA4 Dr,,abE-14_,\ES ,3&3 P atr-1ecEs,43ertMS NOT f'-_3 4TED ; ,t OlJNT WIflt1E 03a?ETA JD CGFfi=ANYFi3:iO3r15RS 31.. 333 P.ETS)AC EEtit$V AMCE REaE 4‘957,8aS P OLICYHOLDER EFKDEf1DS --3?'m.15T ?ROME O' :Fog₹EwSbRAF4CE -54295 CEDE)ASfNS.$2A1dCE NET PREall PAY-F;1 F ; 1n;CS ▪7— ACCRUED t3..JSESAIO t a3C S. 7 DTALlitSFli77ES fr2,351-Xd2a3 CAPITAL.STOCK S s-;0 400d ?MT'F1i'?JPa1l7S '+^'','q7,4O2 "Trig. S3RR},tS 1;427�u3.54S v Top?sUIRPLUS TO PCtrl`}1$DEj S S I rsi,g76-2,1S TOTAL..SS&& Ti4a3962=-3,572, f 7o,:kLIABILTIEi&SURPLUS S4fra524SST2 STATE C CO-Ia+ECTCJT C IPITY-OFr.&RCRD )S5. OPHATTpt1/4..it.)131x) j $cLN•?Duty in,SAYS Tr:AT.BE C1.4 ET E`-4&!4CiAt OF -i RAY'-`c_;,�.Ta1�.18 FIKP3w.'z ±, DUCTS, OF-1 r`s'a GIs`JALTV ANa GJ-.$YCo EFAMYOFflc1C :nfi&7 TiiAT iO TsE '3a-ST G WS K?49-14L= GE AND ear-;ThE FCREa3C iS A T:?°_ Alta°D.rcE"TSTi4tcrf,_ i},T.^`._FSt4.'7.4L-x`N G.\`OF-SAID CCSSPFlliY AS O TrIE 3IsIpAY OFD E4€3-?_2333.. ��,-]IEriRANCJ4_�}�i A"E iA--43C1 k�.0_ 1 _111\CULL C- trecieff SU3SC -•3 'tU. �'Si5w'�tt !ea Pa 7.-n. NOTrE1?1`•3'"T .. - 17thDAY Ari". ,e;is MARIE C.TETREAULT Arabi,nal. eciFg^rFf1t72fik,'Ft 9E9}€ .. • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-in Fact No. 219813 Certificate No. 0 0 3 0 8 5 7 7 8 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 Sandra K.Wolf,Alice McLaughlin, Mary R.McKee,and Sherryanne M. DePirro of the City of Woodcliff Lake .State of New Jersey ,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. 16th IN WITNESS WHEREOF,the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed,this April 2008 day of Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company C ' G r 5.1M1EryR ,� awy� /•M xszq, l�'sy4�c,M1 e.�..nxa eL wW wn. _ct5[Y'yb''}Tbi� it F PPRR4r ^ 'A'_, N1951tED;? JI 19 � Y��i ywq ?!u I`, j ea g•Hnco" ii at \t ip J951 t tix ₹It`o SEAL ez SHEL p C0Nx D \\ fi'- �''°r a'b� crs 12M�i R. �`a. .M r 4M7 AIN State of Connecticut BY City of Hartford ss. Georg Thompson, 'enior ice President On this the 16th day of April 2008 , 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,Si.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 Slates 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. I`p.L In Witness Whereof,I hereunto set my hand and official seal. % W C . ..t C My Commission expires the 30th day of June,2011. �*0ita CI Marie C.Tetreault.Notary Public s 49/ afP 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 10 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 12th day of February ,20 10, Kori M.Johans Assistant Secretary �1.5111(1Llire :U�frY J 64 O\41MSU, ; >. ,tt,"^"0. ion-,, y'✓b' O ...„,n4,,, eollvUll.gfl R�OF9A Tom, c i ., . ,,,,,,,,„„Di 19. .r =moq =-Co o49.,, u 1 E 1951 sa r ; �� Eithil't - SB�S.L a IWrt M ` p RIM P 0. To verify the authenticity of this Power of Attorney,call I-800-421-3880 or contact us at www.iravelersbond.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 1861 - 2011 CLERK TO THE BOARD .� PHONE (970) 336-7215, Ext. 4227 FAX: (P 0) 352-0242 P. BOX O. BOX 758 W E L D._.,€ O U N T Y GREELEY, COLORADO 80632 January 6, 2012 Travelers Casualty and Surety Company of America One Tower Square Hartford, Conneticut 06183 RE: Cancellation and release of Collateral— Flatiron Constructors, Inc. To Whom it may Concern: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Flatiron Constructors, Inc., in the amount of $489,810.50. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304- 6530. I am returning the original Performance Bond #105375707, plus two extra copies that you provided when the Bond was first approved, for $489,810.50. 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. Be er, ' Deputy Clerk to the Board 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 J . P. O. BOX 758 W E L D_C O U N T Y GREELEY, COLORADO 80632 January 6, 2012 Attn: Jeanette Brown Flatiron Construction Corporation 10188 E. 1-25 Frontage Road Firestone, Colorado 80504 RE: Cancellation and release of Collateral — Flatiron Constructors, Inc. Ms. Brown: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Flatiron Constructors, Inc., in the amount of $489,810.50. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304- 6530. The original Performance Bond #105375707, has been returned to Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183, in the amount of $489,810.50. 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. Be ler, Deputy Clerk to the Board U.S. Postal Service,, CERTIFIED MAILT,., RECEIPT r-q (Domestic Mall Only;No Insurance Coverage Provided) 0 F•r•ellveryinf•rm i•nvisit urwe•_ite=twww.us•s.c•m tit Postage $ m p Certified Fee Pork J p Return Receipt Fee (Endorsement Required) D ' 1 p Restricted Delivery Fee g u (Endorsement Required) nJ Total Postage&Fees $ p Sent To f �+/��Nr/CAL. . Veler5_6..� a/4'> �rf �F ireet Apt.No.; �� p�y or PO Box No. /i/�O__Zi er �0,-jaC.,f. e City,St=(e,ZIP+•4r L� el /J' S F.rm 3 r r,June 2r r2 S everse l r lnstructi ns SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A_ Signature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X4A ?"/ �_•''`' ?t117inAddressee so that we can return the card to you. B. Raved by(P ni?.,Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 7�rariekx5-Ca.5-ledA 41/0`5'1( ,s Dn�p Zzaed� Ifare 3. rvic Type 4 `1/ RPtertified Mail ❑ Express Mail / dlord o / ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Artic (Prar. PS For 02595-02-M-1540 Hello