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Home My WebLink About790685.tiff RESOLUTION RE: ACCEPTANCE OF STREETS IN INDIANHEAD SUBDIVISION AND RELEASE OF BONDS FOR THE SAME. 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, on December 30 , 1977 , streets in Indianhead Suddi- vision were accepted for partial maintenance, and WHEREAS, the Weld County Engineering Department has recom- mended that the following streets in Indianhead Subdivision be accepted for full maintenance and further that said streets be added to the Weld County Road System: Street Name From To Miles Width Algonquin Drive Weld Co. Rd. 15 Hopi Trail . 44 80 ' Blackfoot Road Algonquin Dr. Hopi Trail . 26 60 ' Arikaree Road Algonquin Dr. Comanche Ct. . 16 60 ' Comanche Ct. Hopi Trail To its end .17 60 ' Hopi Trail Comanche Ct. Blackfoot Rd. . 41 60 ' TOTAL MILES 1 . 44 WHEREAS, the Weld County Engineering Department further recommends that all bonds be released. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the streets in Indianhead Subdivision hereinabove listed be, and hereby are, accepted for full maintenance and added to the Weld County Road System. BE IT FURTHER RESOLVED by the Board that all bonds shall be released. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1979 . �__ 4' * BOARD OF COUNTY COMMISSIONERS ATTEST: 1 (L^^ 1 ' " 'Ini WELD COUNTY, COLORADO Weld County Clerk and Re order /)-9-s-h..- gr r (Aye) and Clerk to the Bo d Norman Carlson, Chairman ----- BY : 7)/.A, - A , n r� �GG/ a2-Gc e-tAAye) \, / Deputy .County rk Ly Dunbar , PR Eb AS TO FORM:' ' (Aye) C. W. Kirby County Attorney Mu„J3 / gut (Aye) Le and L. Rooe i/X. ��<l�ly/�JIGA Aye) K. St fnmark 790685 DATE PRESENTED: DECEMBER 5, 1979 mEmoRAnDum To Weld County Commissioners Date November 15. 1979 COLORADO From Gil Olson, Subdivision Administrator Subject: Street Acceptance in Indianhead Subdivision On December 27, 1977 we received notice from Indianhead, Limited stating that their development was completed and ready for acceptance, with the understanding the developer is responsible for any maintenance for a one year period. On December 30, 1977 Indianhead, Limited were notified that streets in said subdivision were accepted for partial maintenance. On November 9, 1978 at 3:00 P.M. , Jim Gilbert, Drew Scheltinga, and I met on the site to discuss the deficiencies at which time Mr. Gilbert stated he would get back to us when the deficiencies were corrected. At this time it appears all deficiencies have been corrected and this office recommends the acceptance of the following streets for full maintenance and said streets be added to the Weld County Road System: STREET NAME FROM TO MILES WIDTH Algonquin Drive W.C. Rd. 15 Hopi Trail .44 80' Blackfoot Road Algonquin Dr. Hopi Trail .26 60' Arikaree Road Algonquin Dr. Commanche Ct. .16 60' Commanche Ct. Hopi Trail To its end .17 60' Hopi Trail Commanche Ct. Blackfoot Road .41 60' TOTAL MILES 1.44 Also all bonds should be released and the developer should be notified. C Gil Olson Subdivision Administrator GO:sad CC: Clerk to the Board Weld County Attorney Dave Becker, Road Maintenance Section Manager John Noyes, Region "B"-Grader Foreman BOND NO . 60 06 819 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS, THAT Indianhead Limited, a joint venture, as Principal, and Fidelity and Deposit Company of Maryland, a corporation organized under the laws of the State of Maryland, as Surety, are held and firmly bound unto the County of Weld, Colorado, in the penal sum of Eighty Four Thousand Fifty and no/100 Dollars ($84 , 050.60) , lawful money of the United States , for the payment of which, well and truly to be made , we bind ourselves , our heirs , executors , administrators , succes- sors , and assigns , jointly and severally, firmly by these presents as follows : WHEREAS, the above bounden Principal has entered into a written agreement dated the 22nd day of August , 1977 , a copy of which is by reference made a part hereof, with the County of Weld, Colorado, for the installation of certain improvements , said installation to be done accord- ing to the requirements of said Agreement . NOW THEREFORE, if the above bounden PriRc,1galiahall well and truly keep and perform each and all of the obligations ©f said Agreement and any alterations in or addition thereto, including, without limitations by specifications , the maintenance of t,iie wotk for one year following the acceptance of the improvements bythe County of Weld then this obligation shall be null and void, othenw seto remain in full force and effect . Principal stipulates that it shall be liable to the County of Weld in a direct action with or without said Surety as a party, for any failure of said Principal to discharge , ,car'y- out , and perform every promise , covenant , obligation, condition, term, or: provision to be kept or performed by said Principal, and agrees to pespon2'` to the County of Weld for all damages sustained by it for reason o any such failure . In event of default by Principal, Surety may fu]4il1 its obligation hereunder by completing the improvements persuant/to the' terms of said Agreement . Surety stipulates Shat no change, extension of time, alteration in, or additions to, the terms of the Agreement or the obligations to be performed thereunder, or,the Exhibits accompanying the same , or no forbearance on the part of the County of Weld, or said Principal to the other, shall in any wise affect its obligation on this bond, or release the Principal and Surety or ,Either of them, their heirs , executors , administrators , successors , or assignb from their liability hereunder, and it does hereby waive notice of any/Such change , extension of time , forbearance, alteration in, or addition to, the terms of the agreement or in the Exhibits constituting a pafit thereof. IN WITNESS WHEREOF, the above named Principal and Surety have signed these presents this 20th day of September , 1977 . Principal : Indian head Limited, a joint venture Surety :FIDELITY AND -DEPOSIT COMPANY OF MARYLAND BY : Kim/Bishop LY Attorney-in-Fact ,1121-v,'! 11 71 180360 Power of Attorney FIDELITY ANu DEPOSIT COMPANY Or MARYLAND HOME OFFICE, BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President,and PAUL E. ZACHARSI Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Kim Bishop of Denver, Colorado its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of June , A.D. 19..7&.. 3>��o iP s%�4 FIDELITY AND DEPOSIT COMPANY OF MARYLAND .. :@ egs ATTEST: �3'SEAL if nn Km Assistant C 1`%•Y :01e By OJ Secretary Vice-President STATE OF MARYLAND / 55: CITY OF BALTIMORE On this 25th day of June , A.D. 19 76 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personallyknown to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. %�+ ,(�1/�. NOTA RV'•p,°c 9 ita 5.lpuBoq,•'%= Notary Public Commission ExpiresaLly..1,...197fi ''•..*oRE,pt.,a �••, ,•• CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of _ 19 L1119—Q(. :H132 A ssis nt Secretary MIWAD LTD. JERRYREITER776-5922 a coloradojolnt venture MEL WOLF 667.6543 P.O. BOX 1001 LONGMONT, COLORADO 80501 JIM GILBERT 686-7197 August 10, 1979 Board of Weld County Commissioners Weld County Greeley, Colorado 80631 Attn: Mr. Norm Carlson, Chairman Re: Indianhead Subdivision, State Highway 34 and County Road 15, Weld County, Colorado Dear Mr. Carlson, Indianhead has been working with the County to obtain final acceptance of the streets and improvements at the reference subdivision. All items have been handled with the possible exception of a culvert installation. We are hung up on this item because between the County and the Ditch Com- pany involved, it hasn't been agreed if the culvert should be installed or not. The County desires it but the ditch company doesn't because the waste water will dump directly into the ditch. We have attempted to get the two (2) parties together to resolve the problem without success. We request your assistance and cooperation in bringing this matter to con- clusion. If our participation is desired, please contact Jim Gilbert at 686-7197. Please advise. Sincerely, J.W. Reiter Joint Venturer C4lt,M�S`�� , JWR:lsh WEED Mel Wolf 1U cc: Jim Gilbert A\)G 13 cv. Gnl n. Hello