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RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND
ACCEPTANCE OF REPLACEMENT 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 Commissioner 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, staff from the Weld County Departments of Planning Services and Public
Works have conducted a visual inspection and recommend release of said collateral in the amount
of $40,923.87.
WHEREAS, the Board has been presented with 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Subdivision Performance Bond #104773587, drawn on Travelers Casualty
and Surety Company of America, in the amount of $70,920.27, be, and hereby is, canceled and
released, and the replacement Bond Rider, in the amount of $29,996.40, be accepted.
111111111111 IIIIII 11111 111111 IIII VIED 11111 IIII IIII
3617516 04/20/2009 01:25P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-0803
PL1872
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 6th day of April, A.D., 2009.
Weld County Clerk to the
my Attorney
Date of signature 41410
1 11111111111 11111111111 1111111111 111111 III 1111111111111
3617516 04/20/2009 01:25P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
BOARD OF COUN
WELrTY,
COMMISSIONERS
LORADO
Iliam F. Garcia, Chair
DouglasAademach r, Pro-Tem
Sean P. Conway i J
C 24 ,�
c Kirkmeyer /
David E. Long
2009-0803
PL1872
Memorandum
TO: Clerk to the Board Office
Board of County Commissioners
DATE: March 30, 2009
FROM: Brad Mueller
Department of Planning Services
RE: Partial Release of On -Site Collateral
USR-1584 (Gerrard, construction facility)
The Department of Planning Services has received a request for partial release of on -site collateral
held for the Gerrard Family construction business (File No. USR-1584) in the amount of $40,923,87.
This request is being made after completion of various required improvements. Please see the
attached memos for a complete listing of improvements.
After the initial request, Public Work's inspection discovered that some items were not completed
adequately. These items have since been repaired, and Public Works indicates their successful
completion.
Planning Services and Public Works have reviewed this request and support the partial release of
collateral. Collateral was in the form of a Performance Bond in the amount of $70,920.27. If a
partial release is granted, the remaining amount is $29,996.40. The owner will be submitting a
replacement bond.
2009-0803
1
COLORADO
MEMORANDUM
TO: Brad Mueller, Planning Services DATE: 25 -March -2009
FROM: Richard A. Hastings, Weld County Public Works
SUBJECT: (USR-1584) — Gerrard Family Ltd. Partnership, LLLP, Partial
Collateral Release — Re -Inspection
Weld County Public Works Department has performed a site re -inspection, at the above mentioned
site, and has observed the following:
• The road culvert outlet, adjacent to WCR 13, at the facility entrance has had the following repairs
completed: surrounding slopes re -compacted to remove existing erosional rivulets, excessive drainage
related debris removed, and the flow -line re-established to original depth. The inlet portion of this
culvert still has debris which can impede the flow of run-off into the culvert.
• Detention pond outlet culvert has had rip -rap placed at the FES. No fabric is apparent under the rip -rap.
This can increase the potential for erosive activity during above average rain events.
Recommendation
Public Works agrees with the request for the partial release of collateral for the following portions of
Exhibit A: Driveway grading = $2,521.20
Driveway road base = $7,762.40
Detention pond = $5,425.00
Parking lot grading = $1,204.00
Parking lot road base paving = $4,984.80
Road culvert = $4,536.00
FES = $1,460.00
Outlet Structure = $3,780.00
Engineering & Supervision = $9,250.47
Total = $40,923.87
Any non -Public Works related items should be verified by Planning Services prior to this partial
collateral release.
pc: Don Dunker, Weld County Public Works
Don Carroll, Weld County Public Works
USR-1584
\Ihmnments and Settings bn ueller\Loral Settings\I mnpnraly Internet Files \t)1.K132\USR-Ien4 partial collateral release request memo-(3-25-U9)dnc
MEMORANDUM
WIWDc.
COLORADO
TO: Brad Mueller, Planning Services DATE: 12 -March -2009
FROM: Richard A. Hastings, Weld County Public Works
SUBJECT: (USR-1584) — Gerrard Family Ltd. Partnership, LLLP, Partial
Collateral Release
Weld County Public Works Department has performed a site inspection, at the above mentioned site,
and has observed the following:
• Driveway grading, Driveway road base, Parking lot grading, and Parking lot road base paving are
finished and found to be in an acceptable state of completion.
• Both Invert & Outvert of Road Culvert and attached FES, adjacent to WCR 15, at the facility entrance
need to have: surrounding slopes re -compacted to remove existing erosional rivulets, excessive drainage
related debris removed, and the flow -line re-established to original depth. (See Photo #1 Below)
• Detention Pond outlet culvert and attached FES needs to have rip -rap properly placed according to
Sheet # DRO1 of approved Nolte Engineering constructions plans (Job #:FCB0194).(See Photo#2 Below)
Photo#1-Road Culvert & FES (Outvert) Photo#2-Detention Pond Outlet Culvert & FES
Recommendation
Public Works agrees with the request for the partial release of collateral for the following portions of
Exhibit A: Driveway grading, Driveway road base, Parking lot grading, and Parking lot road base
paving.
Public Works does not feel, at this time, that the Road Culvert and attached FES, and Detention Pond
outlet culvert and attached FES are adequately completed in order to meet the criteria necessary for
partial release of their associated collateral.
pc: Don Dunker, Weld County Public Works
Don Carroll, Weld County Public Works
USR-1584
C Thenments and Seth ngs\hmuellerA.onal Settings \Temporary Internet Files A()Ile I 32ACSR-1584 collateral release request ntemte3-17-091-doe
December 11, 2008
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/Warranty period expiration
This letter is to formally request the partial 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 been completed as designed;
Driveway grading $2,521.20
Driveway road base $7,762.40
Detention ponds $5,425.00
Parking Lot grading $1,204.00
Parking Lot road base paving $4,984.80
Road Culvert $4,536.00
FES $1,460.00
Outlet Structure $3,780.00
Engineering and Supervision $9,250.47 Total: $40,653:7" p°"`N" c%nL l 4 y0, 9L3
Enclosed is the Statement of Substantial Compliance from Nolte Associates as required in
section 7 of the Agreement. The remaining items; driveway paving and landscape trees will be
completed as weather permits.
Thank you,
Nathan Gerrard
Gerrard Family Ltd. Partnership, LLLP
RIDER
Travelers Casualty and Surety Company of America
One Tower Square 3PB, Hartford, CT 06183
To be attached to and form a part of:
Bond No. 104773587
Type of Bond: Subdivision Performance Bond
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
*RIDER ACCEPTED BY:
(Obligee)
By:
2009
Gerrard Excavating, Inc.
ncipa
( ers Casualty and Surety Company of America
By: PEl2PK ("Aix)
Rene'e Stein, Attorney -in -Fact
Date
*If Obligee signature required, please sign duplicate and return to Surety.
S-1234 (01-99)
TRAVELERSJ�
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casually and Surely Company
Travelers Casualty and Surety Company of America
United Slates Fidelity and Guaranty Company
r rte..
z,
Attorney -In Fact No. 220225 Certificate No.002504635
0 2 5 0 4 6 3 5
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 Loveland State of Colorado their true and lawful Attorneyfsl-in-I-act,
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 nektons or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and their corporate seals In he 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
State of Connecticut
City of Hartford ss.
By:
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casually and Surely Company
Travelers Casualty and Surely Company of America
United States Fidelity and Guaranty Company
On this the 17th day of July 2008before 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, Si. Paul Guardian Insurance Company, St. Paul Mercury Laurance 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.
58440-5-07 Printed in U.S.A.
c 4Aii i C , j,�
Marie C. Teimuult. Notary Public
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 Stales 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, Si. 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 1St day of April
20O9 .
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
Page 1 of 2
Donna Bechler
From: Brad Mueller
Sent: Wednesday, April 01, 2009 3:57 PM
To: Donna Bechler
Subject: RE: UPDATE: Updated Gerrard Partial Release Memo
OK -- stay tuned!
From: Donna Bechler
Sent: Wednesday, April 01, 2009 3:56 PM
To: Brad Mueller
Subject: RE: UPDATE: Updated Gerrard Partial Release Memo
Brad,
We do need the original before we can put it on the Agenda.
From: Brad Mueller
Sent: Wednesday, April 01, 2009 3:55 PM
To: Donna Bechler
Subject: FW: UPDATE: Updated Gerrard Partial Release Memo
Donna, I forget -- do you need the original, in order to schedule this with the Board? thanks. Brad
From: Nathan Gerrard [mailto:ngerrard@gerrardinc.com]
Sent: Wednesday, April 01, 2009 3:53 PM
To: Brad Mueller
Subject: RE: UPDATE: Updated Gerrard Partial Release Memo
Brad,
Attached is the Bond Rider. Do you need the original or will this copy suffice?
Nathan Gerrard
Gerrard Excavating, Inc.
nger rard (Igerrardinc.com
1?39 3. Ccuffiy Rd 73C nd. CO 80537/ office 970.669.1463 / fax 970.669.0593
From: Brad Mueller [mailto:bmueller@co.weld.co.us]
Sent: Tuesday, March 31, 2009 3:28 PM
To: ngerrard@gerrardinc.com
Subject: RE: UPDATE: Updated Gerrard Partial Release Memo
Nathan, I think I didn't ask -- can you send a copy, once ready? I'll need that in order to finalize a meeting
with the Board. Thanks, Brad
From: Nathan Gerrard [mailto:ngerrard@gerrardinc.com]
4/1/2009
Page 2 of 2
Sent: Monday, March 30, 2009 4:32 PM
To: Brad Mueller
Subject: RE: UPDATE: Updated Gerrard Partial Release Memo
Brad,
The Bonding Co. is asking what the effective date on the rider should be.
Nathan Gerrard
Gerrard Excavating, Inc.
nger rardra gerrrrrrrr _rrrr
1739 S. County Rd 13C / Loveland. CO 80537 / office 970.669.1463 / fax 970.669.0593
From: Brad Mueller [mailto:bmueller@co.weld.co.us]
Sent: Monday, March 30, 2009 2:55 PM
To: ngerrard@gerrardinc.com
Cc: Brad Mueller
Subject: UPDATE: Updated Gerrard Partial Release Memo
Nathan,
I should have added that a replacement Subdivision Performance Bond Rider from the folks who
hold the bond will be needed as well. Please forward that information to me as well.
I show the remaining On -Site Collateral being held as $29,996.40. Let me know if you have a
different amount for some reason.
Thanks,
Brad
Nathan,
I wanted to update you and let you know that we are moving the paperwork through for release
on the on -site items, now that you've had them re -inspected.
However, I wanted to also bring to your attention that the total amount listed on your original
request letter contained a math error. The actual amount that will be requested for release, as
indiced in the attached memo, is for $40,923.87.
I'll contact you soon with details about when the Board will hear this. Please let me know if you
have any questions in reagrds to the attached memo.
Thanks,
Brad
4/1/2009
Hello