HomeMy WebLinkAbout20081043.tiff 364 RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR COUNTY
ROAD 9.5 - CARMA BAYSHORE, LLC
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 6, 2006, the Weld County Board of
Commissioners approved Planned Unit Development Final Plan, PF#1078, for Carma Bayshore,
LLC, 188 Inverness Drive West, Suite 150, Englewood, Colorado 80112, for St. Vrain Lakes,
Filing 1, for 542 lots with R-1 (Low Density Residential)Zone uses; 409 lots for Townhomes with
R-2 (Duplex Residential) and R-3 (Medium Density Residential) Zone uses; C-1 (Neighborhood
Commercial) and C-2 (General Commercial) Zone uses; and continuing Oil and Gas Production
uses, along with 230.02 acres of open space consisting of a river corridor, private recreational
lakes, and community parks, on the following described real estate, to wit:
Part of Sections 35 and 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 30, 2007, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements for St. Vrain Metro District- Weld County Road 9.5, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Carma Bayshore, LLC,with terms and conditions being as stated in said agreement, and accepted
Subdivision Performance Bond #220 96 10, drawn on Insurance Company of the West, 11455
El Camino Real, San Diego, California 92130-2045, in the amount of $1,353,674.00, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection and recommends partial release of said collateral, in the amount of
$1,150,623.00, retaining 15 percent ($203,051.00)for maintenance work, and
WHEREAS,the Board has been presented with Subdivision Performance Bond Decrease
Rider#220 96 10, from Insurance Company of the West, 750 B Street, Suite 2400, San Diego,
California 92101, reducing the amount of credit available for draw by Weld County to$203,051.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Subdivision Performance Bond #220 96 10, drawn on the Insurance
Company of the West, in the amount of $1,353,674.00 be, and hereby is, partially canceled and
released, and that the remaining balance of$203,051.00, be, and hereby is accepted.
HID 11111 111111111IIII 111111111111 III 111111111 II 2008-1043
3550364 04/28/2008 04:15P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1815
('n 117 P6`) 41{/9' Pt -0/--,03
CANCEL COLLATERAL - CARMA BAYSHORE, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 7th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/�� WELD COUNTY, COLORADO
ATTEST: �Ir��IK ��'(/�/ q , _
I m H. Jerke, Chair
Weld County Clerk to the Board ' I ' v, \n 2)
Robejt D. Ma n, Proem L.Deputy c/Jerk to the Board ! I
William F. Garcia
APPROVED AS,TO FDRM: EXCUSED
`
�� David E. Long
/nl
County Attorney .r{Jvpn
Dougla Radema her
Date of signature: V-/`5 08
I 111111 11111 111111 11111 I'll 1111111 11111 III VIII 1111 IIII 2008-1043
3550364 04/28/2008 04.15P Weld County, CO PL1815
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
MEMORANDUM
' TO: Clerk to the Board DATE: March 31, 2008
C.
COLORADO FROM: Dave Bauer, Public Works
SUBJECT: Agenda Item
Please put this item on the Board's next agenda:
Please release: The Carma Bayshore, LLC c/o Carma(Colorado) Inc. Bond No. 220 96 10 in the
amount of$1,353,674.00,Subdivision Performance Bond for the St.Vrain Metro District--WCR9.5
Eastern Two Lanes Improvement Plan.
And
Accept: The attached Carma Colorado Bond#2209610 in the amount of$203,051.00 or 15%of
the original bond amount.
pc: Wayne Howard, Public Works
M dFrancieAAgenda Item.doc
2008-1043
Carma
YEARS
,,;. .,, Friday, March 28, 2008
Public Works Weld County Colorado
Attn: David Bauer
1111 H Street
<„ ,d�‘,aop�,,c„m PO Box 758
Greeley, CO 80632
RE: Weld County Road 9.5 Reduced Bond Rider
Dear David Bauer:
Enclosed is the original bond rider which reduces the bond to the agreed upon
amount for the maintenance work. If you have any question please do not hesitate
to call me at 303-790-6599.
Bond #2209610
Current amount: $203,051.00 or 15% of original bond amount
Please let me know if you have any questions.
Sincerely,
Carma Colorado, Inc.
Brad H. Davis
Project Manager
Passion integrity Community
UnionBanc nionBanc
INSURANCE SERVICES, INC.
750 B Street, Suite 2400
San Diego, California 92101
March 26, 2008 Phone: 619.231.1010 Fax: 619.236.9134
Mr. Brad Davis
Carma Bayshore, LLC
c/o Carma (Colorado) Inc.
188 Inverness Drive West Suite 150
Englewood, Colorado 80112
RE: BOND NO. 220 96 10
$1,353,674.00 Subdivision Performance Bond for St. Vrain Metro District -
WCR 9.5 Eastern Two Lanes Improvement Plans
Dear Brad:
Enclosed please find the Decrease Rider for the above mentioned bond as well
as a copy for your records.
We appreciate the opportunity to be of service to you. Please do not hesitate to
call me at 619-525-2884 if you need further assistance.
Sincerely,
LakAz
T on
Assistant Vice President
/mrh
Enclosure
ACKNOWLEDGMENT
State of California
County of San Diego
On March 26, 2008 before me, Maria Hallmark, Notary Public, personally
appeared Tara Bacon, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity,
and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. I ,s"�0 � MARIA HALLMARK 1
COMM. #1 &ORM 8
U ,� ! NOTARY PUBLIC-CALIFORNIA y
' ,� SAN DIEGO COUNTY 2
„App My Commission Expires
AUGUST 17, 2008 I
Signs re
(Seal)
er
Insurance Company of the West -N
HOME OFFICE: SAN DIEGO, CALIFORNIA
SURETY BOND
INCREASE OR DECREASE PENALTY RIDER
Bond No. 220 96 10
Description of Bond: Subdivision Performance Bond for St. Vrain Metro District -
WCR 9.5 Eastern Two Lanes Improvement Plans
Know all men by these presents that we, Carma Bayshore , LLC Principal, and
Insurance Company of the West, surety in favor of The State of Colorado,
Obligee, do hereby, jointly and severally, change the penal amount of this bond
from: One Million Three Hundred Fifty Three Thousand Six Hundred Seventy Four
and No/100ths----dollars ($1,353,674.00) to Two Hundred Three Thousand Fifty
One and No/100ths---dollars ($203,051 .00), effective from the 26th day of March
, 2008.
The continuity of coverage under said bond subject to changes in penalty shall
not be impaired hereby, provided that the aggregate liability of the said
Principal and Surety shall not exceed the amount of liability assumed at the time
the act and/or acts of default were committed and in no event shall such
liability exceed the larger of the above mentioned sums.
Signed and sealed this 26TH day of March , 2008 .
Accepted: Car ayshore, LLC
The above is hereby agreed and PRINCIPAL
accepted:
TITLE
Ins tclt
nce Company of the West
SURETY
B CU a C____."----
Tara Bacon , Attorney-In-Fact
•
No. 0004444
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
DALE HARSI-LAW,BRADLEY R.ORR, JOHN C.STARICH,TARA BACON,GEOFFREY SHELTON
their true and lawful Attomey(s)-in-Fact with authority to date.execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and ally related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day ofJanuary,2008.
saaPANI SURA4r t1aTr.Mo'
4,oxrosa�fr wQ°µvog4)e0 rcwl' 4/ A-t %�\ INSURANCE COMPANY oil THE WEST
.o, SEAL. S: lm p, '1. HI EXPLORER INSURANCE COMPANY
� g
n
� .'a''1 zjzorIn":per" 11 ' ,a' o� INDEPENDENCE CASUALTY AND SURETY COMPANY
// w dd _ g,
e-taaFNP Xs b.-~ }
Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President
State of California
} ss.
County of San Diego
On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory
evidence to he the person(s)whose name(s)is/arc subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and
that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
MARY COBS1602
<r0'1� NCOMM.0TARY
CC0239D Q QQ
ca u 161TARY PWUC GM.MCRMA N
ID t �• . SAN DIEtiDCOUNTY C
Ila MV Commission Expires I
SEPTEMBER 2D.2009
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,arc
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-pact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTIIER. That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE I
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full three.
IN WITNESS WI IEREOF,I have set my hand this 26Th day of MARCH , y2008 ./
i/!
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call I-800-877-I Ill and ask for the Surety Division. Please refer to the Power of Attorney Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
L
I am replacing the subdivision bond collateral for Carma Bayshore, LLC (PL 1815 - PF #1078)
from Insurance Company of the West with a bond from General Insurance Company of America
for $203,051.00. I am taking the bond from Insurance Company of the West with me to return to
them.
•
49-761.2
/��a��f� 0200g— /OILS'
,o2 /875
SUBDIVISION BOND
Bond No. TM5123550/011047461
Premium: $2,031.00
KNOW ALL MEN BY THESE PRESENTS, that we Carma Bayshore, LLC as Principal, S(
and General Insurance Company of America authorized to do business in the State of
Colorado, as Surety, are held and firmly bound unto the Weld County, Colorado as Obligee, in
the penal sum of Two Hundred Three Thousand Fifty One and 00/100 Dollars ($203,051.00),
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Carma Bayshore, LLC. has agreed to construct in Weld County, Colorado
the following improvements: St. Vrain Metro District - WCR 9.5 Eastern Two Lanes
Improvement Plans recorded in Weld County , Dated:
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall construct, or have constructed, the improvements herein described and shall
save the Obligee harmless from any loss, cost or damage by reason of its failure to complete
said work, then this obligation shall be null and void; otherwise to remain in full force and effect
and the surety on this Bond binds itself to said Obligee, to the amount on the hereinabove
stated penal sum, that said Improvements shall be completed in accordance with the
Agreement between Principal and Obligee.
IN WITNESS WHEREOF, said principal has hereunto set its hands and seals, and said Surety
has caused these presents to be executed by its officers thereunto authorized this 30th day of
March , 2011.
Carma Ba ore, LLC
by7 `efi f �`rj'_"
Gen ral Insurance Company of America
, Attorney-in-Fact , Chris Watters
Bond No: TM 5123550/ 011047461
ACKNOWLEDGEMENT OF SURETY
CITY OF TORONTO
PROVINCE OF ONTARIO
On this 30th day of March, 2011, before me personally came P. Martin, to me known, who,
being by me duly sworn, did depose and say that she is the Attorney-in-fact of General
Insurance Company of America, the corporation described in and which executed the within
instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said corporation,
and that she signed her name thereto by like order; and that the liabilities of said corporation do
not exceed its assets as ascertained in the manner provided by law.
Swarsattie Tulsieram,
a Commissioner,etc.,City of Toronto,
for The Guarantee Company of North America.
Expires July 2,2013.
r`. Safeco Insurance Company of America
General Insurance Company of America
tik Liberty POWER 10014th Avenue
f ' Mutual, OF ATTORNEY Suitell1'wA 98154
No. 7482
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation,does each hereby appoint
*********************DINA AMARO-ELIAS;H.CHRISTIE;ROBERT DEMPSEY;NELSON DE QUINTAL;D.R. KEARNS;
RICHARD LONGLAND;S.J.LUWE;P.MARTIN;S.REES;MARK SKANES;CHRIS WATTERS*************************
its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21st day of March , 2O09 •
* i.. p
Dexter R.Lem,Secretary Timothy A.Mlkolajewski,Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced:
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking?
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations,and of a Power of Attomey issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 30TH day of MARCH . 2011
* NitOARE �•`'
SEAL p SEAL T YI(* &M
Z 1
e4 1953 # 0 len
top N ..,A 4ktipfw �5 Dexter R.Legg,Secretary
S-0974/DS 3/09 ASS"_ WEB PDF
\E., Liberty
berty. GENERAL INSURANCE COMPANY OF AMERICA
►/• Mutual. FINANCIAL STATEMENT—DECEMBER 31,2008
Assets Liabilities
Cash and Bank Deposits $ 210,621,761 Unearned Premiums $ 464,642,504
*Bonds U.S Government 22,320,032 Reserve for Claims and Claims Expense 1,099.656,110
Funds Held Under Reinsurance Treaties _
*Other Bonds 1,506,930,774 Reserve for Dividends to Policyholders 1,508,929
*Stocks 47,055,860 Additional Statutory Reserve _
Real Estate 0 Reserve for Commissions,Taxes and
Other Liabilities 288,616,428
Agents'Balances or Uncollected Premiums 307,478,359
Total $1,854,423,971
Accrued Interest and Rents 22,275,370 Special Surplus Funds $ _
Other Admitted Assets 185,360,618 Capital Stock 5,000,000
Paid in Surplus 170,891,058
Total Admitted Assets $2302 042,774 Unassigned Surplus 271,727,745
Surplus to Policyholders 447,618,803
Total Liabilities and Surplus $2 307.042,774
CCOnfpaikex * Bonds are stated at amortized or investment value;Stocks at Association Market Values.
Securities carried at$81,501,894 are deposited as required by law.
wegyvost
I, TIM MIKOLAJEWSKI, Vice-President of General Insurance Company of America,do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2008,to the best of my knowledge and belief
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of
March,2009.
Vice-President
S-885a 3/09
bonds 6°%'
%,e `).
dy C14 re,
°`)6,P
Insurance Company of the West dPA s'osssodaQ 14),
HOME OFFICE: SAN DIEGO, CALIFORNIA d6� II o0'e ado'
0 04, °64
SURETY BOND k 6 °e
INCREASE OR DECREASE PENALTY RIDER ° 640
40a
Bond No. 220 96 10
Description of Bond: Subdivision Performance Bond for St. Vrain Metro District -
WCR 9.5 Eastern Two Lanes Improvement Plans
Know all men by these presents that we, Carma Bayshore , LLC Principal, and
Insurance Company of the West, surety in favor of The State of Colorado,
Obligee, do hereby, jointly and severally, change the penal amount of this bond
from: One Million Three Hundred Fifty Three Thousand Six Hundred Seventy Four
and No/100ths----dollars ($1,353,674.00) to Two Hundred Three Thousand Fifty
One and No/100ths---dollars ($203,051.00), effective from the 26th day of March
, 2008.
The continuity of coverage under said bond subject to changes in penalty shall
not be impaired hereby, provided that the aggregate liability of the said
Principal and Surety shall not exceed the amount of liability assumed at the time
the act and/or acts of default were committed and in no event shall such
liability exceed the larger of the above mentioned sums.
Signed and sealed this 26TH day of March , 2008 .
Accepted: Car •_ ayshore, LLC
The above is hereby agreed and PRINCIPAL
accepted:
TITLE
Ins nce Company of the West
ix
SURETY
Bic _At_ r__,e____-
Tara Bacon , Attorney-In-Fact
No. 0004444
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State ofTexas,(collectively referred to as die"Companies"),do hereby appoint
DALE HARSHAW,BRADLEY R.ORR, JOI-IN C.STARICH,'l'ARA BACON,GEOFFREY SHELTON
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day&January,2008.
raxrxxr° SUR4p U^hT��'bya .
a`k s /502:":./40�eP0W eF Vic„
d rap° ° r<u l INSURANCE COMPANY OF THE WEST
0 o SEAL v i, )'/ EXPLORER INSURANCE COMPANY
Cam:"\\ draorai° Fg 7A J a�� ,/ INDEPENDENCE CASUALTY AND SURETY COMPANY
Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President
State of California
ss.
County of San Diego
On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved tome on the basis of satisfactory
evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and
that by their signatures on the instrument,the entity upon behalfofwhich the persons acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
rt MMRYCOBB
< ti� COMM. ►1602990
nel');� PCTARYAIOUGdLiCRMR0SAN DIEGO COUNTY Q� Mfr CommissionExpires
SEPTEMBER2D.2009
Mary Cobb,Notary Public
RESOLUTIONS
This Power ofAttomey is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or ally Assistant Secretary,arc
hereby authorized to execute l'owers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment.may be facsimile representations of those signatures:and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 26TH day of MARCH , 2008 .
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-I III and ask for the Surety Division. Please refer to the Power ofAttomey Number,the above
named individual(s)and details of the bond to which the power is attached For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
SUBDIVISION BOND
Bond No. 220 96 10
Premium: $12,183.00
KNOW ALL MEN BY THESE PRESENTS, that we Carma Bayshore, LLC as Principal,
and Insurance Company of the West authorized to do business in the State of Colorado, as
Surety, are held and firmly bound unto the Weld County, Colorado as Obligee, in the penal sum
of One Million Three Hundred Fifty Three Thousand Six Hundred Seventy Four and 00/100
Dollars ($1,353,674.00), lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Carma Bayshore, LLC. has agreed to construct in Weld County, Colorado
the following improvements: St. Vrain Metro District - WCR 9.5 Eastern Two Lanes
Improvement Plans recorded in Weld County , Dated:
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall construct, or have constructed, the improvements herein described and shall
save the Obligee harmless from any loss, cost or damage by reason of its failure to complete
said work, then this obligation shall be null and void; otherwise to remain in full force and effect
and the surety on this Bond binds itself to said Obligee, to the amount on the hereinabove
stated penal sum, that said Improvements shall be completed in accordance with the
Agreement between Principal and Obligee.
IN WITNESS WHEREOF, said principal has hereunto set its hands and seals, and said Surety
has caused these presents to be executed by its officers thereunto authorized this 10th day of
July, 2007.
C.rm. :,.;.shore LL''�,�
b . 4Mf
Insuran ,- Co .an of th- est
by:
ck G. Lupie,A .rney-in-Fact
ACKNOWLEDGMENT
State of California
County of San Diego
On July 10, 2007 before me, Maria Hallmark, Notary Public, personally
appeared Jack G. Lupien, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. I ,s0' MARIA HALLMARK .
COMM. #1508244
,w �tT' NOTARY PUBLIC•CALIFORNIA N
U '� v SAN DIEGO COUNTY 9
.�f.A My Commission Expires
AUGUST 17, 2008 ,,,[[[[
Signs
(Seal)
No. 0004444
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
DALE HARSHAW,BRADLEY R ORR,JACK G.LUPIEN,JOHN C STARICH,TARA BACON,GEOFFREY SHELTON
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005.
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dcoleo4tex^£ �1u.S 4 C y k % INSURANCE COMPANY OF THE WEST
o n$EAL C .� y K EXPLORER INSURANCE COMPANY
%11,1 ot�rr�o1N1''_�,' a S INDEPENDENCE CASUALTY AND SURETY COMPANY
Jeffrey D.Sweeney,Assistant Secretary /J John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons
whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the
instrument,the entity upon behalf of which the persons acted,executed the insmument.
1 Witness my hand and official seal.
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w k‘..-24;. _7 SAN OIESOCOI COUNMv CommissionTY
— SECTE BQ 20011
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying"
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 10th day of July 2007 .
jt � L
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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