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Home My WebLink About20101897.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-JERRY WINTERS AND DIXIE HOFFNER 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,the Board has been presented with a Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Jerry Winters and Dixie Hoffner, 5754 West 11th Street, Suite 101, Greeley, Colorado 80634, commencing August 18, 2010, and ending February 28, 2011, with further terms and conditions being as stated in said lease agreement, and WHEREAS,after review,the Board deems it advisable to approve said lease agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Jerry Winters and Dixie Hoffner be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease agreement The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNT DO ATTEST: y f Win, ` ' rr<' - _ /i-"'" `e ��-, .ougl- • Rademac -r, Chair Weld County Clerk to th- tig : i0 ''��`� •' EXCUSED Barbara Kirkmeyer, -Tem BY:�/ /-/t �. �1�e .i4c3 ;i� Deputy Cler 'o the Board L e Sean P. Corp, 7 -7-------9_, APP A M: [/t' Willi m F. Garcia ounty Attorney 1_, vi•A A E ll�000J David E. Long A Date of signature: 44)41()/() LC Lrk(5i-cpko_. ),A 2010-1897 y-31-i0 BC0041 Memo Regarding Winters Lease: Attached is a lease between Weld County and Jerry Winters and his sister, Dixie Hoffner. As you are aware,JBS Swift his constructing a sewer line in the Weld County right-of-way. The company which is doing the construction has agreed to give the dirt from the excavation process to the County to use in road construction projects. However, as the County is not immediately able to utilize the soil, a place to store it was needed. Mr. Winters and Ms. Hoffner have graciously agreed to permit the County to utilize a piece of their property to store the soil until next summer. They have not asked for the payment of any compensation. They have requested only that Weld County and the company which is depositing the soil (Schmidt Earth Builders, Inc.) provide them with sufficient liability and property insurance. Schmidt Earth Builders, Inc., has obtained the required insurance, and an application for similar insurance has been made to CTSI on behalf of the County. The County will not pay anything for the insurance, but will name Mr. Winters and s. Hoffner as additional named insureds. Mr. Winters is out of town this week, and the County has been informed by Schmidt Earth Builders, Inc., that it will begin to deposit the soil next week. Therefore, it is necessary to expedite the processing of this lease. Mr. Winters told Stephanie Arries that they would consider the lease effective upon the Board's execution of the document, even though Mr. Winters would not be able to sign it until he returns next week. Following execution by The Chairman, the document will be sent to Ms. Hoffner, who will sign it and send it to Jerry Winters' office. He will sign next week. 2010-1897 LEASE THIS LEASE AGREEMENT is made and entered into this I Si day of August, 2010, by and between Jerry D. Winters and Dixie A. Hoffner,c/o 5754 W.1 Ir eet, Suite 101,Greeley, Colorado 80634, hereinafter referred to as"Lessor" and Board of County Commissioners of Weld County,Colorado, 915 Tenth Street, Greeley,Colorado 80631, hereinafter referred to as "Lessee". The Parties Agree as follows: A. Demise, Description, and Use of Premises: 1. Lessor demises and lets to Lessee,the real property located at 500 Cherry, Greeley, Colorado , Weld County, Colorado,and which is more particularly described and depicted on Exhibit A, a copy of which is attached hereto and made a part hereof, (hereinafter referred to as"the Property"). 2. The Property consists of approximately Four Hundred(400)square feet of unimproved land. 3. Lessee shall use the property to store soil which is being excavated by an independent contractor,(namely, Schmidt Earth Builders, Inc.).The independent contractor will deliver and deposit the soil on the property, and Lessee shall remove the soil for use in its road improvement projects. B. Term: 1. The Term of this lease shall be from August 18, 2010, through February 28, 2011. 2. Lessor grants to Lessee the right and option to renew this lease for one additional term of six months, on the same terms and conditions in effect during the initial six(6) month lease term. The renewal term shall expire at midnight on July 31, 2011. If Lessee chooses to exercise its option to renew, it shall do so by giving Lessor written notice of its election. Said notice must be provided to Lessor on or before January 31,2011. C. Binding Effect: The provisions of this Lease Agreement shall be binding on the heirs,executors, administrators, assigns, agents, employees, contractors and subcontractors of both Lessor and Lessee in like manner as on the original parties, unless modified by mutual agreement. D. Rent: The parties have agreed that Lessee shall pay no rent to Lessor for the above-described property. However, Lessee shall make certain improvements, as set forth below,to the property for the benefit of the Lessor, in consideration for the occupation and use of the Property. E. Lessee's Responsibilities: 1. Lessee shall occupy only the property described and depicted in Exhibits A and 2. Lessee shall not interfere with any oil and gas drilling activities on any of the adjacent property owned by Lessor. 3. Lessee shall install two posts and a chain with a lock across the entry created by Lessee to prevent unauthorized persons from gaining access to Lessor's property. a�o�0-/d'j7 4. Lessee shall remove all stored soil from the property at the end of the term. 5. Lessee expects to construct a gravel driveway on the property to prevent the deposit of the transported soil on the roadway, and at the end of the term will either remove the driveway and restore the property to its original condition,or will leave the driveway,with the posts and chain, on the property for the future use and convenience of the Lessor. At the end of the term of this lease, Lessor shall instruct Lessee as to its desires in this matter. 6. Lessee shall use ordinary care when using the premises and shall maintain at Lessee's expense the improvements (i.e. the gravel driveway), and at the expiration of this Lease, Lessee shall surrender and deliver up said premises in as good order and condition as when the same was entered upon, subject only to the provisions of Paragraph E.5 above. 7. Lessee shall sublet no part of the premised, nor assign this Lease or any interest herein,nor allow any other person(s),(except for the contractor named in Paragraph A.3 above, its employees and agents)to use said premises,without the prior written consent of the Lessor. 8. Lessee shall assume full financial responsibility for the cost of all repairs to the premises, which are required by damage caused by Lessee's use. 9. Lessee shall allow Lessor at any reasonable hour of the day to enter into or upon the land. 10. Lessee shall maintain comprehensive public liability insurance providing coverage from any and all loss occasioned by an accident or casualty on or about the leased property. Said liability policy shall be written on an "occurrence basis"with limits of not less than $1,000,000 bodily injury liability coverage and$100,000 property damage liability coverage. Lessor shall also be designated as an additional named insured on all such policies. Upon request, Certificate(s)for the required insurance shall be delivered to Lessor. 11. Lessee shall maintain Workers' Compensation Insurance of statutory limits as required by the Labor Code of the State of Colorado. 12. Lessee shall require through its right-of-way permit that Schmidt Earth Builders, Inc.,the contractor named in Paragraph A.3 above, provide the same levels of insurance as set forth in the preceding paragraph with both Lessor and Lessee designated as additional named insureds. 13. Lessee shall not use the Property for any purpose prohibited by the laws of the United States or by the State of Colorado, or by the Weld County Code, and for no improper or questionable purpose whatsoever. 14. Lessee shall vacate said premises and remove all personal property therefrom upon the termination of this Lease. F. Further Agreements of the Parties. 1. That this Lease may be terminated by either party hereto at any time prior to the established termination date of this lease by a sixty(60)days written notice. 2. That in the event said premises shall become untenantable due to damage caused by fire, flood,or act of God,this lease may thereupon be terminated by Lessee. 3 That no assent, express or implied,to any breach of any one or more of the covenants or agreements of this Lease shall be deemed or taken to be a waiver of any succeeding or other breach. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Lease shall give or allow any claim or right of action whatsoever by any other person not included in this Lease; and that any entity other than the undersigned parties receiving services or benefits under this Lease shall be an incidental beneficiary only. 5. No term or condition of this Lease shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all covenants and agreements contained in this Lease shall extend to and be binding upon the heirs, executors, legal representatives,and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties hereto have hereunder se their hands and seals the day and year first stated above. Lessor: . - 4aec A4. Winters 8 - —) J 5 - /D Date Date STATE OF COLORADO ) ss: COUNTY OF WELD The foregoing agreement was acknowledged before me this a_I day of l nq�� 2010,by Jerry D. Winters. WITNESS my hand and official seal. 0-41/4M/ + q Notary Publi `��ndMC\c_N My Commission expires: O I ('2 ( 0011 STATE OF COLORADO ) ss: COUNTY OF WELD ) The foregoing agreement was acknowledged before me this „�.r day of � LO�,lAA- 2010, by Dixie A. Hoffner. CI WITNESS my hand and official seal. (2-6/1,-k Notary Public IU I My Commission expires: b I 3I aio 3eAN (l EOTA PUBLI• OFCO\-O/ Lessee: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD EI'`% COUNTY, COLORADO ATTEST: • Clerk to the Board a. B . r Deputy Cler,/ q Dougl Radema er, Chair F., J ur ,.,✓ AUG 18 2010 27O/7 -AP?? 0 f I • ,_ . A 'tip 0...ir 1 Z • NOFFSINGER . 0 r r • • I f I . � � . - ¢ , ..,, J.,* _ ! I ,17j } }!. �. , - . '•., 0. w • Itt 4; AatAppl '`. ,fi . ;j REBUILD l. f . 4 -,• !- DRIVEWAY • la),•a 1" , -IV TS- _ _ 'va 11. ,I ' - - - - . _ \ . Isla //' / / . ..- . 44 Amor' � •1/4 • • 's / / . , / / � r ,I . AI II :. SNOW Qi' , ana • • EM • 0 • 4 • • 1 r / • r • f • • i • 1::: I . • WIN ERS • • . • • • i I • t• 111 1r'''�4aCyFiQjk. - �•� • • • y l - i 79 r 1 • 4" • •r + ,. KUHN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYY) 08/16/2010 PRODUCER 1-303-773-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS HOLDER. THIS CERT CERTIFICATE DOES NOT UPON AMEND, EXTEND OR 6399 S. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 INSURERS AFFORDING COVERAGE NAIC# Contact Anita Bruner INSURED INSURER A:SAFETY NAIL CAS CORP 15105 Weld County, Colorado INSURER B:TRAVELERS CAS 8 SURETY CO 19038 PO Box 758 INSURER C: Greeley, CO 80632 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRD TYPE OF INSURANCE POLICY NUMBER MI DATE IMODIYYI DATE EMM/DDITY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REN I ED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ ICLAIMS MADE OCCUR MEDEXP(Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per Person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ I (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ j RETENTION $ $ A WORKERS COMPENSATION AND 5P4041255 12/31/09 12/31/10 X ITORYLIMITSI IOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER B Self Insurer's WC Bond 19S100729968BCA 12/31/09 12/31/10 Penal Sum 2,365,085 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS For WC Coverage - SIR - $600,000 Evidence of coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Jerry Winters and Dixie Hoffner DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR c/o 5754 w 11th Street, Suite 101 REPRESENTATIVES. Greeley, CO 80634 AUTHORIZEDREPRESENTATIVE USA ACORD 25(2001108)anibru �� ©ACORD CORPORATION 1988 17047212 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) A ----1 , C DATE(MMIDDM'YY) PRODUCER CERTIFICATE 70F9LIABIHsTYT INSURANCEICATE IS AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 S. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 INSURERS AFFORDING COVERAGE NAIC# CONTACT: ANITA BRUNER INSURED INSURER A:Colorado Counties Casualty & Property Weld County INSURER B:INSURANCE CO OF THE STATE OF PA 19429 P.O. Box 758 INSURER C:Lexington Ins Co 19437 INSURER D: Greeley, CO 80632I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , INSR TIVE POLICY EXPIRATION LT .ADD1NSRD POLICY NUMBER DATPOLE((MMIDDIYYYYI DATE MMIDDIYYYYI LIMITS LTR NSRD TYPE OF INSURANCE A X GENERAL LIABILITY PER PARTICIPATION CERT. 01/01/10 01/01/11 EACH OCCURRENCE $ 250,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ X CLAIMS MADE I I OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ 250,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 250,000 PRO POLICY LOC JFCT A AUTOMOBILE LIABILITY PER PARTICIPATION CERT. 01/01/10 01/01/11 COMBINED SINGLE LIMIT $ 250,000 (Ea accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS X Claims Made PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY 6907962 01/01/10 01/01/11 EACH OCCURRENCE $ 10,000,000 OCCUR X CLAIMS MADE AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $ 250,000 $ WORKERS COMPENSATION TORY LIMITS OFR WC STATU- l. AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ It yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER C EXCESS PROPERTY, SEE ATTACHED 020412751 01/01/10 01/01/11 BLANKET BLDG & PP 100,000,000 A Prop, Mob Eq, Auto PD, XS PER PARTICIPATION CERT. 01/01/10 01/01/11 DEDUCTIBLE $500 150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Jerry Winters and Dixie Hoffner are named additional insured as respects general liability coverage, per form CAPPL Revd 2009, as required by written contract with the named insured regarding the lease of property located at 500 Cherry, Greeley, CO for storage of soil from an excavation site. Soil is to be used by weld County for Weld County road projects/road improvement sites. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Jerry Winters and Dixie Hoffner NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR c/o REPRESENTATIVES. 5754 West 11th Street, Suite 101 Greeley, , CO 80634 AUTHORIZED REPRESENTATIVE I USA ... ACORD 25(2009/01)anibru ©1988-2009 ACORD CORPORATION. All rights reserved. 17047069 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/16/2010 NAME OF INSURED: Weld County Additional Description of Operations/Remarks from Page 1: Additional Information: Excess Property: Carrier: Lexington Insurance Company Policy # 020412751 Policy Term: 01/01/10 to 01/01/11 $100,000 000 Loss Limit - Excess Property/Real & Personal Property (All Risk Including Earthquake, Flood, Boiler and Machinery) (Annual Aggregate for Earthquake and Flood) $150,000 Deductible SUPP(05/04) ACOR CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDII'YYY1 7/16/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifIcate holder Is an ADDITIONAL INSURED,the poilcy(Ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Gilder Insurance Corp. ON 1515 Wynkoop, Suite 200 p fAIC.No.Ex1U303-837-8500 —�- (NC,Ne1:303-831-5295 Denver CO 80202 ADOREOS¢A___ AittflINEA if; INSURER(S)AFFORDING COVERAGE NAIL S INSURED INsuRERA:Zurich American Insurance Comp 0 Schmidt Earth Builders, Inc. mums:National Union Fire Ins. Co. ( 7250 Greenridge Road Windsor CO 80550 INSURER CI INSURER D I INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1705160447 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVt7THSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -INSLTR TYPE OF INSURANCE ASR;VIVO PO POLICY NUMBER LICY EFF I PML1CY EXp LIMITS 1 M M1P TNYYT'Yl I IM IP Dn'YYY) A I GENERAL LIABILITY 3LO375719405 3/1/2010 3/1/2011 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) 5100,000 CLAWS-MADE l X I OCCUR MEO EXP(Arty one person) $10,000 _ PERSONAL&AOV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 52,000,000 PCLICY n PRCOT• (x 1 L0C A AUTOMOBILE LIABILITY BAP375719305 3/1/2010 3/1/2011 COM BINE)SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per acddent) S SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) 5 i X NON-OWNED AUTOS $ UMBRELLA LIAB X OCCUR BE017043113 3/1/2010 3/1/2011 EACHOCCURRE_NCE $4,000,000 X EXCESSUAB CLAMS-MADE AGGREGATE $4,000,000 DEDUCTIBLE $ RETENTION $ S A WORKERS COMPENSATION WC37S719205 3/1/2010 3/1/2011 X 1hC STATU• I 10TH- (AND EMPLOYERS'LIABILITY YIN TORYLIMITS Eft ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? 1 NIA (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1.000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Adel one Romano Schedule,If more space Is nqulred) Additional Insured (excluding workers compensation) and Waiver of Subrogation applies as required by written contract. All coverage terms, conditions, exclusions and limitations of policy apply. Reference the project known as JBS Force Main Phase 5 Project - Base. Jerry Winters and Dixie Hoffner are listed as additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jog 1770 Promontory Circle Greeley CO 80634-903 9 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Elizabeth Strong From: Stephanie Arries Sent: Monday, August 16, 2010 2:03 PM To: Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; William Garcia; Dave Long Cc: Bruce Barker; Vicky Sprague; Elizabeth Strong Subject: Lease Agreement for Your Review Attachments: Memo Regarding Winters Lease final.docx; LEASE of WINTERS LAND 2010 8-2-10-a.doc; WCR 43 LEASE Model photo-map of property.pdf; Revised Insurance Certification 7-16-10.pdf Please find attached a Memo and Lease Agreement with Attachments. This matter will be presented to the Board on Wednesday. Please call or email me with any comments or questions Thank you—Stephanie Arries 1 Qccoyl Hello