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Home My WebLink About20091267.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW #1665 - HIGH PLAINS DISPOSAL, 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, on October 29, 2008, the Weld County Board of Commissioners approved Use by Special Review #1665, for High Plains Disposal, Inc., 4501 UW Hwy 59N, Lufkin, Texas 75902, for an Oil and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District, on the following described real estate, to -wit: Part of the N1/2 of Section 25, Township 5 North, Range 65 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and High Plains Disposal, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Performance and Payment Bond, No. PRF08958838 from Fidelity and Deposit Company of Maryland, 900 Summit Avenue, Fort Worth, Texas 76102, in the amount of $237,337.24, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance and Payment Bond as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and High Plains Disposal, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Performance and Payment Bond No. PRF08958838 from Fidelity and Deposit Company of Maryland, 900 Summit Avenue, Fort Worth, Texas 76102, in the amount of $237,337.24, be, and hereby is, accepted. 13L L' 1 2009-1267 PL1986 Or('//C% IMPROVEMENTS AGREEMENT - HIGH PLAINS DISPOSAL, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2009. ATTEST: Weld County Clerk to t BY: Deputy Clerk o the Boar APPRO FORM: my Attorney Date of signature Ofiz e / BOARD OF COUNTY COMMISSIONERS WELD COUN COLORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro -Tern Sean P. Conway EXCUSED Barba Kirkmeyer David E. Long 2009-1267 PL1986 • N� ali(D 1 Wilk COLORADO MEMORANDUM TO: Board of County Commissioners FROM: Chris Gathman — Planner III SUBJECT: On-Site/Off-Site Improvements Agreement for High Plains Disposal — USR-1665 The Department of Planning Services has received a signed improvements agreement for on - site and off -site improvements for High Plains Disposal (A Class II — Oil Field Waste Disposal Facility approved by the Board on October 29, 2009) along with a Performance Bond in the amount of Two -Hundred Thirty -Seven Thousand Three -Hundred Thirty -Seven Dollars and Twenty -Four Cents. The improvements agreement and collateral has been reviewed by the Departments of Planning Services and Public Works and it has been determined that the amount of collateral is sufficient to cover the proposed improvements. The Departments of Planning Services and Public Works recommend acceptance of this collateral. 2009-1267 3j IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS High Plains Disposal — USR-1665 THIS AGREEMENT, made and entered into this 9111 day of M*Y , &•q, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and High Plains Disposal, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Part of the N1/2 of Section 25, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for an Oil and Gas Support Facility (Class II- Oilfield Waste Disposal Facility) on approximately 8 acres on the above described real property, and the County is currently in the process of considering an Use - by -Special Review for the Property (USR-1665), and WHEREAS, the Property Owner acknowledges that the issuance of USR-1665 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements 1.0 Weld County Road 54: The safety improvements shall include: construction of adequate asphalt paved turning radii (60) feet at the main entrance onto WCR 54, drainage and signage installations, as indicated on the approved construction Plans. The main entrance improvements will include; #1 -asphalt paving a minimum of (300 x 24) feet into the site from M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements .C c - r— TC cri a — N = c — o NCO col S Ci CO VD CO S N &(Y -/$d, 7 County Road 54 or #2 -asphalt paving a minimum of (100 x 24) feet into the site from County Road 54 and construct a double cattle guard set (one right after the other), in the exit portion of the roadway, to ensure a complete revolution of the truck tires. The applicant shall install an eastbound deceleration lane and westbound acceleration lane, in accordance with the requirements of the Department of Public Works. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements on WCR 54, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT"), and for all expenses associated therewith. These responsibilities include, but are not limited to the following: utility locates; right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, grading, drainage, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical design is required on the depth of asphalt on WCR 54, to accommodate heavy truck traffic. These plans, when accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". _coco r co N O M M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) 5.0 Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Property Owner may request as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 6.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 49 and State Highway 34, WCR 47 and State Highway 34, WCR 47 and WCR 54, and WCR 49 and WCR 54. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. B. Haul Routes: 1.0 Established Haul Routes: a. From the south: Trucks coming from the south shall travel northbound from County Road 49 and turn westbound onto County Road 44, which is an existing paved roadway. From County Road 44, the trucks will turn onto County Road 43. an existing paved roadway, and travel northbound. From County Road 43, the trucks will turn eastbound onto County Road 54, wherein the site shall be accessed, and/or trucks coming from the south shall travel northbound from County Road 49 and turn westbound onto U.S. Highway 34. From U.S. Highway 34, the trucks will turn southbound onto County Road 47, and then eastbound onto County Road 54, wherein the site shall be accessed. a, 0 IC Oa U Y = U O O o U � Es 8 a) 3) v cp o O 0 c 4 O N oO o cc con co r co CV 0 .CoO) b. From the north or west: Trucks coming from the north or west shall travel westbound on U.S. Highway 34. From U.S. Highway 34, the trucks will turn southbound onto County Road 47, and then eastbound onto County Road 54, wherein the site shall be accessed. c. From the east: Trucks coming from the east shall travel westbound on U.S. Highway 34. From U.S. Highway 34, the trucks will turn southbound onto County Road 49, and then westbound onto County Road 54, wherein the site shall be accessed. d. Exiting the site: Haul trucks shall exit the site via the proposed access, directly onto County Road 54. From County Road 54, the trucks shall either travel northbound on County Road 47, and then enter eastbound onto U.S. Highway 34; or travel southbound on County Road 43, eastbound on County Road 44, and southbound on County Road 49. For westbound traffic, the trucks shall proceed northbound on County 49, and then enter westbound onto U.S. Highway 34. In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time, and if County approves such deviation, trucks will utilize paved county roads whenever possible. All haul trucks shall not exceed CDOT required specifications for pounds per axle. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly M:\AGREEMENTS\Road-Improv\2009\High Plains Dispoal-Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of then current truck trips on the haul route. O 0 CC oot$ V I- =d = V O O o O `o d� d v°' N 1-O O 0 o o 0 rn 0 00 =CC CON CO r OD 0O G4 O 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and others shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1665 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. M:\AGREEMENTS\Road-Improv\2009\High Plains Dispoa l -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping described and enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the Property Owner shall install and maintain fencing to screen the exterior of the property. Specifically, Property Owner shall at its own expense install and maintain fencing described and enumerated on Exhibits A and B which are attached to this agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as described in Exhibits A and B which are attached to this Agreement. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 54. Additional infrastructure improvements will be addressed at the time of application for an amended USR. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application of the grading permit or an amendment to the existing USR. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Exhibit B. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed d on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which s o are attached hereto and incorporated herein by reference. cc ci ea Y 1.1 The required engineering services shall be performed by a Professional S= Engineer and Land Surveyor registered in the State of Colorado, and shall ." conform to the standards and criteria established by the County for public o 0 a d improvements. D o N. 113 0 1.2 The required engineering services shall consist of, but not be limited to, CC - ti surveys, designs, plans and profiles, estimates, construction supervision, o and the submission of necessary documents to the County. ro 0 o Q 1.3 Property Owner shall furnish construction drawings for the road cv g improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction co =cc contract. CON' CO T M CO w — N O CO CO 10 M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B", and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said USR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, M:\AGREEMENTS\Road-Improv\2009\High Plains Dispoa1-Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. d v e U CC 0 ea UY = 0 = V 0 oO = U N 9 `o d S cc) r o 9 0 o 0 ea rn o 00 ID CON- co“- N 0 CD • r` 6.3 Upon completion of the construction of improvements within the USR and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) 7.2 Collateral must be submitted upon the approval of this Agreement by the Board of County Commissioners. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. 7.4 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: d `o d cc CD Coo U1 N = U O O O O a, `o mg v - CO r 0 O O N O O) O O C Co tc cor co r co 04 0 CO CO 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of USR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.5 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal--Final.doc (4-21-09) 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. — o - - 0ea IVY .6d = U = o o C — N — ' cc - CO ▪ o — . O =a'Q Jo �rno coo cc noN- CO 1- -co co N O CO —070) 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve High Plains Disposal of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. M:\AGREEMENTS\Road-Improv\2009\High Plains Dispoa 1 -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 111111 11111 IIIIII IIIIII IIII 11111 111111 III IIIIII III IIII 3628368 06/09/2009 11:14A Weld County, CO 10 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\AGREEMENTS\Road-Improv\2009\High Plains Disposaal-Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this day of ATTEST: Liaal Weld County Clerk to BY: Deputy Clerk' • the Ioard APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR I ,O William F. Garcia, Chair JUN - 1 2009 County Attorney 1111111 111111111111 IIIt 11111 11111 111111 111111 III IIII 3628368 06/09/2009 11:14A Weld County, CO 11 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\AGREEMENTS\Road-Improv\2009\High Plains Disposal -Kersey (USR-1665)\USR-1665 Improvements Agreement -High Plains Disposal-Final.doc (4-21-09) ,C'S'T /,9&, N 1/2, Section 25 Township 5n Name of Subdivision, PUD, ESR, RE, SPR: tiling/Case h: USR-1665 location: Range 65w 6th P. h1. EXHIBIT A - Cost Sheet (ON -SITE) High Plains Disposal Weld Sitp II 1 Persannd Contact: Name AnCiY Cunningham Title Owner Phone (817) 917-7240 ee to wa ule #hreu,kMit Ala jaeife • tkefdi.,w,*s earrna.ew.a.ta. Improvements (Leave spaces blank where they do not apply ) (ON -SITE) �i s}�g4Y DI& visit Cams tSf Estimated Construction, Cost ,ti Site Grading Street Grading Street Base 4,380 SY $ 9.80 $ 42,924_(1(} $ 47.923.20 StreetPaving 1,664 SY $ 28.80 Curbs, Gutters, and Culverts 15" FES 4 EA $ 1550.00 $ 600.00 12" FES 2 _ Ell $ 100.00 $ 2Qq,00 sinnmwater/Drainagc Facilities Grading 1 LS $ 8,200.00 $ 8,2(10.00 Concrete 1 LS $ 4,500.0(? $ 4,500.30 Road Culvert 15" CAP 131 LF $ 28.00 $ 3,668.00 12" OMP 75 LI $ 23.00 $ 1,725.00 Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control MeasurcafRMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/ Boxes Parking Area 126 SY $ 28.80 $ 3.62.x.80 Street Lighting Street Names Signagc & Pavement Marking 1 IS $ 600.00 $ 600.40 Fencing Requirements Landscaping Seeding 1 LS $ 25,600.00 $ 25,600.00 Park Improvements Telephone Gas Electric Water Transfer SI B-lO'lAI,: $1392569.00 Engineering and Supervision Costs S $ 10,467.68 (7.5%) (Testing, inspection, as -built plans and work In addition to preliminary and final plat; supervision of actual construction b) contractors) COTAI, ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION 150,036'68 I111 \1111II Ill 111 II\I11111 III\ ir lull IIIl1l $1\ Weld County, CO 3628368 0610912009 11 12 of 17 R 0.00 0 0.00 Steve Moreno Clerk & Recorder IT A beet (ON I ) gnstore:; The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: L_ Applicant Ow nor Title By: Applicant Title Date At r ,20O Date • 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate sea].) 1111111 11111 111111 011 1114111 111111III 111111 III till 3628368 06/09/2009 11:14A Weld County, CO 13 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M.\AGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT A - Cost Sheet (OFF -SITE) high Plains Disposal Weld Site / 1 Name of Subdivision, PUD, USR, RE, SPR: _ _ _ Fding/Casc t : USR-1665 Personnel Contact: Name Andy Cunningham Title O.iier helm*, to be N 1/2, Section 25 Township 50 Location: Range 65w 6th P.M. Phone (817) 917-7240 - Engineering and Supervision (ants s 6,090.74 (7.5%) (Testing, inspection, as -built plans and work in addition to ticeliminary and final plat supervision of actual construction try contractors), TOTAL ESTIMATED COST OF IMPRMVQ1E1 fS AND SUPERVISION $ 87, 300.'56 ' anal nuuiim iiim nimui nine ui nuu iii mi 3628368 06/09/2009 11:14A Weld County, CO 14 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Owner Title By: Applicant Title Date 41#,/ r. _ ,20el Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMEt. i 31r:xhibitslExh A off-site.xls 11111111111111111111111111I111I 11111111 111111 111III 1111 3628368 06/09/2009 11:14A Weld County, CO 15 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXIIIBIT.B - Time S.�I I IONS TE) & (OFF-SITE)N1 /2, Section 25 High Plains Dispose Weld Site // 1 Township 5N Name ofSublirisioa,pun.tMR, RE, Wit: *Woe/casea: USR-1665 lmr.;,o: Range 6g4, 6th P.M. intending to be trolly beam{ the aadrnigned Apptiaret b'Toby egrets to provide through ow! leis facility for feltswieg:wpro enseeEe Al improvements shall to completed MOM 1 yams from the date or approval oldie final plat Construction of the im Ioveoa.tte listed in Exhibit A sbsY b• compie4d es foNows: linprovements blank *here they do not apply ) Time Schedule ILoare spores (ON -Sin) jOFFSITE) Site Grading Street Grading Within 1 Year Street Base Within 1 Year Street Paving Within 1 Year Within 1 Year Curbs, Gutters, and Culverts Within 1 Year Sidewalk Storn'water/DrainageFa ibdea Within 1 Year Within 1 Year Retention / Detention Ponds Road Culvert Within 1 Year Within 1 Year Crass Lined Swale Ditch Improvements bubsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's laterals (house or building connected) Water Supply and Storage Within 1 Year Water Mains (includes bore) Fire hydrants Survey, Street Monumenta/Bo:es Parking Area Within 1 Year Street Lighting Street Names Signage & Pavement Marking Within 1 Year Within 1 Year Fencing Requirements Landscaping Within 1 Year Park Improvements Telephone Gas Electric Water Transfer Final Completion Dale for F,atire Project - milli 1:11 11111113E 1« tulle its\II\ \ll\\\ Il\%I \\\1\I912009 it 14P�iWe' CCounty, nC, k& Recorder i6 o1fi$ 7Q RQ4A4 Q 0.00 Steve Moreno EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met By: Owh to Title By: Applicant Title Date /1444r y .2o o er Date , 20 (1f corporation, to be signed by president and attested to by Secretary, together with corporate seal.) 1111111 11111 111111 11111 IIII 11111 111111 III 111111 III IIII 3628368 06/09/2009 11:14A Weld County, CO 17 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:AGREEMENTS\Exhibits\Exh B Time Schedule.xls PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That High Plains Disposal, Inc. Bond No. PRF08958838 C (Name of Contractor) 4501 UW Hwy 59N, Lufkin, Texas 75902 (Address of Contractor) a Corporation Corporation, Partnership, or Individual and Fidelity and Deposit Company of Maryland (Name of Surety) 900 Summit Ave., Fort Worth, Texas 76102 , hereinafter called Principal. (Address of Surety) hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street Greeley, Colorado 80632 hereinafter called "County", in the penal sum of Two Hundred Thirty-seven Thousand Three Hundred Thirty-seven Dollars And Twenty-four Cents ($ 237,337.24 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. Dollar THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the 25th day of May , 2009 , a copy of which is attached and made a part hereof for the construction of: USR - 1665 On & Off Site Road Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform it's duties, all the undertaking, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one-year (I) guarantee period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. S-3172/GE 11/97 Page 1 of 2 XDP Bond No. PRF08958838 IN WITNESS WHEREOF, this instrument is executed in shall be deemed an original, this 25th day of ATTEST: 1 (number) counterparts. each one of which May (SEAL) Principal Secretary Address s as to Principal ATTEST: Surety Secretary (SEAL) Witness as to Surety 2009 High Plains Disposal, Inc. Principal �.V„4-1 By 4501 UW Hwy 59N, Lufkin, Texas 75902 (5) Address Fidelity and Deposit Company of Maryland Surety 900 Summit Ave., Fort Worth, Texas 76102 Attorney- in -Fact Address Address NOTE: Date of bond must not be prior to date of Contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. S-3172/GE 11/97 Page 2 of 2 Bond No. PRF08958838 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That High Plains Disposal, Inc. Name of Contractor 4501 UW Hwy 59N, Lufkin, Texas 75902 Address of Contractor a Corporation , hereinafter called Principal, ant Corporation, Partnership or Individual Fidelity and Deposit Company of Maryland a Name of Surety 900 Summit Ave., Fort Worth, Texas 76102 Address of Surety hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, P. O Box 758, Greeley, Colorado 80632, hereinafter called "County", in the penal sum of Two Hundred Thirty-seven Thousand Three Hundred Thirty-seven Dollars And Twenty-four Cents Dollars ($ 237,337.24 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION Of THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the 25th day of May , 2009 , a copy of which is hereto attached and made a part hereof foi the construction of: USR - 1665 On & Off Site Road Improvements NOW, THEREFORE, if the Principal shall, during the entire length of said Contract and any extension thereof, promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided foi in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coa and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed on such work whether subcontracted or otherwise, then this obligation shall he void, otherwise to remain full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shati in any way affect its obligation on time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. S-3171/GE 11/97 Page 1 of 2 XDF Bond No. PRF08958838 IN WITNESS WHEREOF, this instrument is executed in shall be deemed an original, this 25th day of May 2009 I! (number) counterparts, each one of whicl ATTEST: Principal Secretary (SEAL) High Plains Disposal, Inc. Principal BY: U (S 4501 UW Hwy 59N, Lufkin, Texas 75902 Witness a$lp Principal Address ATTEST: Winess as to Surety Fidelity and Deposit Company of Maryland Surety Attorney -in -Fact Tracy Tucker, 900 Summit Ave., Fort Worth, Texas 76102 Address Address NOTE: Date of bond must not be prior to date of Contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended; and be authorized to transact business in the state where the project is located. 5-3171/GE 11/97 Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by nuance of authority side hereof and are ppoint Tracy th, Texas, EACH its true and is behalf as surety, and as its act and deed: o " ndependent Executors, Community Survivors and or undertakings in pursuance of these presents, shall be as binding ents and purposes, as if they had been duly executed and acknowledged by mpany at its office in Baltimore, Md., in their own proper persons. This power of on behalf of Tracy TUCKER, Tobin TUCKER, W. Lawrence BROWN, dated October 11, 2004. THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assista granted by Article VI, Section 2, of the By -Laws of said Companies hereby certified to be in full force and effect on the date her�,,V?( TUCKER, Tobin TUCKER, W. Lawrence B lawful agent and Attorney -in -Fact, to any and all bonds and un ' t Community Guar upon said Compani the regularly elected attorney revokes thatVg si The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of April, A.D. 2009. a e xecu d e ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Gerald F. Haley Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore J On this 20th day of April, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known 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 swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 P0A-F 168-2829 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or 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 Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents 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, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or 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 Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents 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, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still 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 specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate maybe 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 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or 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 seals of the said Companies, this 25th day of May , 2009 Assistant Secretary COLORADO CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 March 18, 2010 Fidelity and Deposit Company of Maryland 900 Summit Avenue Fort Worth, Texas 76102 RE: Performance Bond #PRF08958838 for High Plains Disposal, Inc. Ladies and Gentlemen: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above -referenced Performance Bond. As you are aware, on the 25th day of May, 2009, Fidelity and Deposit Company of Maryland, issued a Performance Bond on behalf of High Plains Disposal, Inc., naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Performance Bond was established at Two Hundred Thirty-seven Thousand Three Hundred Thirty-seven dollars and Twenty-four Cents ($237,337.24). The terms of the Performance Bond require that it be maintained by your institution until the 25th day of May, 2010, during the one-year (1) guarantee period. In addition, the terms of the bond state that the obligation is to remain in full force and effect unless all claims and demands under the contract have been satisfied. According to our Departments of Planning Services and Public Works, there are still items that need to be completed before there can be a final inspection, and they do not feel these items will be completed before the 05/25/2010 deadline. Weld County has not received any notice of termination, and therefore requests a letter or Renewal Bond from you stating that the bond shall remain effective for an additional year, until 05/25/2011. If you have any questions regarding this letter or your obligations under the Performance Bond, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-336-7215, ext. 4227. Very truly yours, Bruce T. Barker Clerk to the Board By: Deputy Clerk to "e Board pc High Plains Disposal, Inc. AEA,/,Ro/v d i9c 9- /c. 7 Aor, 27, 2010 2:56PM /URICH NA No. 2678 P. 1 Zurich North America Surety 12222 Merit Drive, Ste 700 Dallas, TX 75251 MEMORANDUM TO: Clerk To The Board Weld County Commissioners Board, Greeley, Colorado FROM: George Tillotson by Wanda Battles DATE: April27, 2010 SUBJECT Bond PRE 8958838 High Plains Disposal, Inc. Dear Mr. Barker; As requested in your letter dated March 18, 2010, the bond period has been extended until May 25, 2011. Please contact us if there are further questions or problems. Best Regards, Ge6rg# lotson, Senior Surety Account Executive wo'9- /aa 7 �� /9J Hello