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Home My WebLink About20091527.tiff602 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW #1527 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated December 21, 2005, the Board approved the application of Waste Management Disposal Services of Colorado, Inc., P.O. Box 1450, Chicago, IL 60605-1450, for a Use Permitted as a Use by Right or an Accessory Use in the Commercial or Industrial Zone Districts (Administration Facility, Container Repair Facility, Fueling Station, Truck Wash, Container Storage, and Truck Storage) in the A (Agricultural) Zone District on the following described real estate, to wit: Part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 23, 2006, the Board of County Commissioners 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 Waste Management Disposal Services of Colorado, Inc., and accepted Performance Bond Numbers 1019028 for $912,623.26, and 1019029 for $241,945.00, respectively, drawn on the LEXON Insurance Company, 2307 River Road, Suite 200, Louisville, Kentucky 40206, and WHEREAS, the Board, through Resolution #2007-1457, dated May 21, 2007, released Performance Bond #1019028, drawn on LEXON Insurance Company, in the amount of $912,623.26, and retained Performance Bond #1019029 in the amount of $241,945.00, and WHEREAS, the Board, through Resolution #2007-1720, dated June 18, 2007, released a portion of the remaining collateral, in the amount of $205,653.25, and accepted replacement Performance Bond #1021413 from LEXON Insurance Company, in the amount of $36,291.75 for a one-year warranty period for construction of road improvements on one mile of County Road 25. WHEREAS, it has been determined by the Board that the collateral being held by Weld County is no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), and 1111111111111111111111111111111111111111111111111111111 3638602 07/27/2009 02:22P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-1527 PL1808 CANCEL COLLATERAL - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond #1021413, drawn on the LEXON Insurance Company, in the amount of $36,291.75 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2009. ATTEST: Weld County Clerk to th Deputy Cle to the Board�l ounty Attorney Date of signature BOARD OF COUNTY COMMISSIONERS WELD CO NT S�LORADO aroma Kirkmep David E. Long 111111111111111111 �� 11111111111111111 �� 11111 �� 3638602 07/27/2009 02:22P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-1527 PL1808 ref% WINk COLORADO MEMORANDUM TO: Board of County Commissioners DATE: June 25, 2009 FROM: Kim Ogle, Planning Services APPROVED BY: Thomas E. Honn, AICP, Director of Planning Services SUBJECT: Release of Performance Bond #1021413 Lexon Insurance Company for Waste Management Disposal Services of Colorado, Inc. Case number USR-1527 Chip Wertz, Applicant Staff from the Department of Public Works conducted a field inspection in June 2009 and determined that the property was in compliance with all transportation elements as stated in their referral dated June 25, 2009. Planning Services inspected the site on May 8, 2009 and determined that all non -transportation related items had been completed and were acceptable. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the off site road improvements required for Waste Management Disposal Services of Colorado, Inc., and guaranteed via Performance Bond #1021413, from the Lexon Insurance Company, in the amount of for thirty-six thousand two hundred and ninety-one and 75/100s (36,291.75) dollars, be released in full. PC: R. Hastings, PW D. Carroll, PW S. Arries, CA File: PF-1020 2009-1527 a t‘et '"DC. COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: 6/25/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Waste Management Disposal Services of Colorado, Inc. PL1808 #2006-2309 Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Waste Management Disposal Services of Colorado, Inc. PL1808 #2006-2309, Imps Agrmt(Private)/Off-site Road Imps Agrmt. 2 Performance Bonds, No 1019028, and Number 1019029 Lexon Insurance Company Expires08/15/07 (approved by Bruce) Released Performance Bond #1019028 on 05/21/07 Released Performance Bond #1019029 on 06/18/07 Replacement Bond #1021413 issued on 06/18/07 PL1808 #2007-1720 Expires 05/21/2008 $912,623.26 $241,945.00 -$912,623.26 -$241,945.00 $36,291.75 Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List. C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\OLK5\Collateral List update (Waste Management)-MEMO.doc 1111111e. COLORADO July 8, 2009 LEXON INSURANCE COMPANY 10002 SHELBYVILLE ROAD LOUISVILLE, KENTUCKY 40223 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral — Waste Management Disposal Services of Colorado, Inc. To Whom it may Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Waste Management Disposal Services of Colorado, Inc., in the amount of $36,291.75, and the original Performance Bond #1021413 issued by LEXON Insurance Company, in the amount of $36,291.75 If you have questions or need additional information, please do not hesitate to contact me at (970) 356- 4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS 1 Donna J. Betfiler, Deputy Clerk to the Board By Wilk COLORADO July 8, 2009 WILLIAM J. HEDBERG WASTE MANAGEMENT 40000 WELD COUNTY ROAD 25 AULT, COLORADO 80610 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral for Waste Management Disposal Services of Colorado, Inc. Mr. Hedberg: On July 1, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Waste Management Disposal Services of Colorado, Inc., in the amount of $36,291.75 as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The original Performance Bond for $36,291.75 has been returned to LEXON Insurance Company, 10002 Shelbyville Road, Louisville, KY, 40223. If you have questions or need additional information, please do not hesitate to contact me at (970) 356- 4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS/ By:A10EJZlL n " 7,(.f4,!/L.L' Donna J. Beehler Deputy Clerk to the Board PERFORMANCE BOND BOND NO 1071413 KNOW ALL MEN BY THESE PRESENTS, that we, Waste Management Disposal Services of Colorado, 5500 S. Quebec Street, Suite 250, Greenwood Village, CO 80111 (hereinafter called the 'Principal"), as Principal, and the I PXQN inciirancp mpany (hereinafter called the "Surety"), as Surety, are held and firmly bound unto Weld County Colorado P.0 Box 758 Greeley CO 80632 , (hereinafter called the "Obligee"), as Obligee, in the sum of Thirty -Six Thousand Two Hundred Ninety -One and 75/100 ($ 36 791 75 ), for the payment of which sum well and truly to be made, we the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a (written) agreement (hereinafter called the "Agreement") with the Obligee for One Year Warranty Period for Construction of Road Improvements on One Mile * which Agreement is hereby referred to and made a part hereof as if fully set forth herein; NOW THEREFORE, the condition of this obligation is such that if the Principal shall well and truly keep all the terms and conditions as outlined in said Agreement then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this bond Is executed by the Surety and accepted by the Obligee subject to the following conditions: 1. No assignment of this bond shall be effective without the written consent of the Surety. 2. This obligation may be terminated by the Surety by thirty (30) days advance written notice to the Obligee, such notice to be sent by registered mail. Such termination shall not affect liability incurred under this obligation prior to the effective date of such termination. 3. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in the event of any breach of the Agreement on the part of the Principal, a written statement of the particular facts stating the nature of such breach shall be given as soon as reasonably possible by the Obligee to the Surety and the Surety shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such statement. 4. No action, suit or proceeding shall be had or maintained against the Surety on this bond unless the same be brought or instituted within sixty (60) days after the termination of release of this bond. 5. Under no circumstances shall the aggregate liability of the Surety exceed the penal sum above stated. 6. This bond shall be effective from 5/21/2007 to 5/21/2008 IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be executed and their seals affixed this 2+qr day of May 2007 . * of WCR 25 Waste Management Disposal Services of Colorado, Inc. (Principal) By: X(l.t,,p. fe �� _ I 1 t�=I Donna L. Meals, Authdrized Representative LEXON Insurance Company (Surety) B JulietRadican, Attorney -in -Fact POWER OF ATTORNEY Lexon Insurance Company LX- 29096 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: John B. Manus. Mary E. Joseph, Brook T. Smith, Kathy Hobbs, Raymond M. Handley ** Jason D. Cromwell, James H. Martin, Sandra F. Harper, Myrtle F. Henry, Julie Radican, Virginia E. Woolridge, Deborah Neichter ********** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two -million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. BY ACKNOWLEDGEMENT LEXON INSURANCE COMPANY David E. Campbell President On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/09 CERTIFICATE Maureen K. Notary Public U Aye I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. f Signed and Sealed at Lombard, Illinois this C.:2/ 51 — Day of __ 20 07 Donald D. Buchanan Secretary Lexon Insurance Company - Louisville, Kentucky (KY) I Company Profile Page 1 of 2 Lexon Insuranc Company 10002 Shelbyville Rd Louisville, KY 40223 Phone: (502) 253-6500 Website: Information not found (?) Business Categories: Surety insurance in Louisville, KY Surety Bond Insurance Lexon Insurance Company Business Information Is this your company? Lexon Insurance Company is a private company categorized under Surety Insurance and located in Louisville, KY. Current estimates show this company has an annual revenue of $50,435,341 and employs a staff of approximately 50. r About Us I nryManl.a I FAQ I View Cart I My Profit+..� Login: Wednesday, Jul. u, 200':3 63,778,867 companies COMPANIES: U.s., U.S. Public. Mu'.t;aii;. I.:I:r:uia, tt.K.. Worldwitir. RESOURCES: Video. Juba. Retcjrt,. White Piueis I JOIN US: Twrr_ter, Facesbook BUSINESS CENTERS: Small Biz, Saks Expertise, HR. Travel, Carl U.S. business name, category, location... Not a member? Learn Is This Your Compan Get Featured on Man U S. Louisville. KY Insurance Surety Insurance Surety insurance Lexon Insurance Company ea I/ etvi m11 //g use Also Does Business As Information not found (') HQ, Branch or Single Location Headquarters Annual Sales (Estimated) ,..7 ,11 View Details Employees (Estimated) 50 SIC Code and Description View Details NAICS Code and Description 524126, Direct Property and Casualty Insurance Carriers Products, Services and Brands Information not found ( ') State of Incorporation Information not found Years in Business Mese Member; Do you? SAY SO Related Links Other companic Lexon Insuranc lobs in Louisvill Louisville, KY V Recent Visitors • t- — YOU JOIN NOW http://www.manta.com/company/mttwpqv 7/8/2009 McGRIFF SEIBELS & WILLIAMS OF TEXAS 10375 Richmond Ave., Suite 1700 • Houston, Texas 77042-4143 • TEL — (713) 877-8975 • FAX — (713) 877-8974 February 2, 2009 William J. Hedberg Waste Management 40000 Weld County Road 25 Ault, CO 80610 ESL 1-X Meo oteCie,u' f 2d7c Metititmestemil 0 7/0f/0 RE: Renewal Continuation Certificate with Increase Bond No. GP97-0504-O6 Please find enclosed executed renewal with change increasing the bond amount for the captioned, as requested for the new term. Should you have any questions, please feel free to give us a call. Regr a Seni Le nn Curti r Account Service Representative G !.ufwf,Muy Ann rcun2D09'd<n,eMMenew.l with !name Bond Covcr Lotter doc Hello