HomeMy WebLinkAbout20080408.tiff 978
RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR CHANGE
OF ZONE, PZ#1078 - CARMA (COLORADO), INC./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 March 15, 2006, the Board approved the application of
Carma (Colorado), Inc., Highland Place II, 9110 East Nichols Avenue, Suite 180, Englewood,
Colorado 80112, for St. Vrain Lakes Planned Unit Development with E(Estate), R-1 (Low Density
Residential), R-2 (Duplex Residential), R-3 (Medium Density Residential), R-4 (High Density
Residential), C-1 (Neighborhood Commercial), C-2 (General Commercial), and continuing oil and
gas production uses in the Mixed Use Development (MUD) Overlay District, on the following
described real estate, to wit:
Parts of Sections 25, 35, and 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 17, 2006, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Site Grading Activities - Filing 1)for St. Vrain Lakes PUD, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and
Carma (Colorado), Inc./Carma Bayshore, LLC, with terms and conditions being as stated in said
agreement, and accepted Subdivision Bond No. 218 74 04, drawn on the Insurance Company of
the West, 11455 El Camino Real, San Diego, California 92130-2045, in the amount of
$3,345,095.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend partial release of said collateral, in
the amount of $2,843,330.75, and retaining fifteen (15) percent, $501,764.25, to be held for a
period of two (2) years, as per the agreement.
WHEREAS, the Board has been presented with a replacement Subdivision
Bond No. 218 74 04A from Insurance Company of the West, in the amount of $501,764.25,
effective January 14, 2008, to secure the retained fifteen (15) percent, and
WHEREAS,upon recommendation of staff,the Board deems it advisable to partially release
said collateral for the grading bond, and accept the replacement collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Subdivision Bond No. 218 74 04, drawn on the Insurance Company of the
West, in the amount of $3,345,095.00 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.
111111111111111111111111III111111111111 III11111IIII III! 2008-0408
PL1815
3535978 02/19/2008 02:36P Weld County, CO _1O fc. lnsure���,
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder s, I 0.;213-103-
•
CANCEL COLLATERAL - CARMA (COLORADO), INC./CARMA BAYSHORE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�. , 1111 . "1.,�L 1„�
ATTEST: Jfv
yj-:',5:(3,` is Jerke, Chair
Weld County Clerk to th� p • �� ,.9 M�,,,,�
\ ' P �`',' Robbe�D den, Pro-Tem
BY: .i/l .• I�t..,li . \ 11 „..—`Deputy Clerk to the Bo tt..i
v rcielzei
APPROVED AS TO FORM:
David E. Long
0 ci. tkai
trig-CO ty AttorOy r-----., y .a-i -
ougla Rademach r
Date of signature: "0/d8
II III I I I 111111111111111111 111 111111 11111 III 11111 1111 111
3535978 02/19/2008 02:36P Weld County, CO 0 48
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-0pL11
MEMORANDUM
TO: Clerk to the Board DATE: 1/30/2008
C.
COLORADO FROM: Dave Bauer, Public Works
SUBJECT: Agenda Item
Please put this item on the Board's next agenda:
Release bond: Carma (Colorado), Inc./Carma Bayshore LLC (PL1815, #2006-1915), Case PZ-
1078, Site Grading Activities, Improvements Agreement; Subdivision Bond#218 74 04,Insurance
Company of the West in the original amount of$3,345,095.
And
Accept bond: The new Maintenance Bond for St. Vrain Lakes,Filing 1, Grading Bond Reduction;
Bond 218 74 04, in the amount of$501,764.25. The original Maintenance Bond is attached.
M:\Francie\AgendaDaveBauer.doc
i-
CO
2008-0408
( MEMORANDUM
I IInge
TO: Board of County Commissioners
COLORADO DATE: December 12, 2007
FROM: Kim Ogle, Planning ManagerD,
SUBJECT: PF-1078, St. Vrain Lakes PUD
Grading Permit Collateral - Bond
Planning Services received a memorandum from the Department of Public Works dated
December 11, 2007 addressing Subdivision Bond, #2187404, issued by Insurance Company of
the West in the amount of$3,345,095.00 (three million three hundred forty-five and ninety-five
with no 100s) with no expiration date listed.
The bond held by Weld County is for Site Grading activities for the Carma Corporation project
located adjacent to County Road 9-1/2 and County Road 28.
The applicant shall submit a new Bond or other fiduciary warranty for five hundred and one,
seven hundred sixty-four and 25/100s) $501,764.25 dollars for replacement collateral. This
number represents fifteen (15) percent of the original bond, to be held for a period of 2-years
as per the agreement between Carma Colorado and Weld County government.
Staffs recommendation is to release the collateral, in the form of a Subdivision Bond. This
release is conditioned on the posting of new collateral by the applicant.
It is important to state that this collateral release is for the grading bond only. Separate
collateral bonding shall be required for roadway (County Road 9-1/2) and each of the individual
Filings of the Carma — St. Vrain Lakes/Bayshore project.
a
M F M O RA N D U Meld County Planwng Department
4M-el GREELEY OfFlCE
DEC 1 1 2007
WII TO: Kim Ogle, Planner III RECEIVED
C• DATE: December 11, 2007 RECEIVED
COLORADO FROM: David Bauer, Public Works !�B
SUBJECT: Release of grading permit collateral - St. Vrain
Lakes/Bayshore PUD (Case # PZ-1078)
The Weld County Public Works Department recommends release of a portion of the collateral
for the St. Vrain Lakes/Bayshore PUD (Case # PZ-1078).
Currently, a Subdivision Bond, #218 74 04, issued by Insurance Company of the West in the
amount of$3,345,095.00 with no expiration date listed, is being held by the Clerk to the Board
for Site Grading Activities for the Carma Corporation project located adjacent to WCR 9-1/2 and
WCR 28.
Overlot grading and re-seeding activities are completed however it is premature to determine
whether those efforts provide final erosion control and soil stabilization at the site. Per the
agreement between Carma (Colorado), Inc./Carma Bayshore, LLC and Weld County, 85%
($2,843,330.75)of the original bond amount can be released at this time. Following this partial
release, the County shall retain 15% of the originally bonded amount ($501,764.25) for the 2-
years and verification of soil stabilization.
This collateral release is for the grading bond only. Separate collateral bonding shall be
required for roadway (WCR 9-1/2) and each of the individual Filings of the Carma Bayshore
project. All other non-grading related items should be verified by Planning Services prior to
collateral release.
pc: CTB
PZ-1078
M:APLANNING—DEVELOPMENT REVIEW V Collateral ACarma-Bayshore ReleaseOfGrading Collateral.doc
Ca_
Best Communities.
Best Value. Since 1958 DEC - 5 a J7
- - I
Tuesday. December 04. 2007
Public Works Weld County Colorado
Attn: David Bauer, PE
1111 H Street
PO Box 758
Greeley, CO 80632
Dear David Bauer:
This letter is to request a reduction in bond amount from 100% to 15% in Filing 1 of the
Bayshore subdivision. The following is the amount of the current bond and the proposed
amount based upon construction acceptance.
Bond #218 74 04
Current amount: $3.345.095
New amount: 53.345,095 '' 15%= $501,764.25
Please let me know if this amount is correct and acceptable.
Sincerely.
Carma Colorado. Inc.
Brad H. Davis
Project Manager
188 Inverness Drive West, Suite 150
Englewood, Colorado, U.S.A. 80112 • Tel (303) 706-9451 • Fax: (303) 706-9453
www.carma.ca
\ CARROLL& LANGE
165 South Union Boulevard, Suite 156
Lakewood, CO 80228
Ph 303-980-0200
Fax 303-980-0917
November 28, 2007
JN: 3710
Weld County
Attn: David Bauer, PE
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Re: St. Vrain Lakes Filing No. 1
Overlot Grading
Dear Mr. Bauer
Construction has been substantially completed for the overlot grading of Phases 1 through
6 of the above-referenced project and is ready for preliminary acceptance by Weld County.
I personally provided periodic construction observations in addition to supervising others
providing construction observation and review of the work for the project. It is my
professional opinion that, based on the observation and information received to date, the
materials, testing, and construction methods conform to the approved plans, Weld County
construction standards, the design intent, and applicable standards of practice.
Should you have any questions or additional comments, please do not hesitate to contact
me at any time.
Sincerely,
CARROLL & LANGE, “w?` %`v��
..•... • .!CAN 11
/
Sina Khavary, P t 4 p� 'd
Project Engineer t O% pre,r
i
cl �tyvs`S%?-3-e' Cr`6._0
cc: Brad Davis, Carma Colorado, Inc. 4IA, NAL E C
Wayne Howard, PE, Weld County Public Works
C / R
Carma
. f
Best Communities.
Best Value. Since 1958 JAN 3 0 2008
nrpT
Monday. January 21. 2008
Public Works Weld County Colorado
Attn: David Bauer, PE
11 1 1 H Street
PO Box 758
Greeley, CO 80632
RE: St. Vrain Lakes Filing I Grading Bond Reduction
Dear David Bauer:
Enclosed is the original maintenance bond for Filing I Grading work. If you have any
questions please do not hesitate to call me at 303-790-6599.
Bond #218 74 04
Current amount: 5501,764.25
Sincerely.
Carma Colorado. Inc.
Brad II. Davis
Project Manager
188 Inverness Drive West, Suite 150
Englewood, Colorado, U.S.A. 80112 • Tel (303) 706-9451 • Fax: (303) 706-9453
www.carma.ca
John Burnham Insurance Services Ja" 17nnQ
750 B Street, Suite 2400
San Diego, California 92101
Phone: 619.231.1010 Fax: 619.236.9134
January 14, 2008
A DIVISION OF Union Banc
INSURANCE SERVICES, INC.
Tyler Packard
Carma Bayshore, LLC
c/o Carma (Colorado) Inc.
188 Inverness Dr. West, Ste 150
Englewood, CO 80112
RE: BOND NO. 218 74 04A
$501,764.25 Maintenance Bond for Overlot Grading, St. Vrain Lakes Filing
no. 1
Dear Tyler:
Enclosed please find the requested maintenance bond.
We appreciate the opportunity to be of service to you. Please do not hesitate
me at 619-525-2884 if you need further assistance.
Sincerely,
T Bacon
Administrative Manager
Enclosure
CS ,
C�
4��
MAINTENANCE BOND
Bond No. 218 74 04 A
Premium: $1,154.00
KNOW ALL MEN BY THESE PRESENTS:
That, Carma Bayshore,LLC , as Principal, and Insurance Company of the West
11455 El Camino Real, San Diego, CA 92130 , a corporation organized under the laws of the State of California and
authorized to do a surety business in the State of Colorado , as Surety, are held and firmly bound unto the
The State of Colorado in the sum Five Hundred One Thousand Seven Hundred Sixty-Four and 25/100ths---dollars
f$501,764.25---), 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:
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT WHEREAS the above bounden Principal has agreed to
guarantee the material and workmanship relative to the installation of Overlot Grading , St. Vrain Lakes Filing No. 1 against all
defects and to promptly perform work and supply material as required by Obligee which are needed to repair or replace such
defective work and material for a period of TWO YEARS after the date of acceptance of said improvements by Obligee.
NOW THEREFORE, if the above bounden Principal shall well and truly repair and/or replace defective material and
workmanship, this obligation shall be void one year after the date of acceptance of the improvements by the Obligee, otherwise
this obligation shall remain in full force and effect.
SEALED with our seals and dated this 14th day of January 20 08.
Ca Ba ore, LLC
77,41._
Insurance Company o West
By\ � Q,t A\ A_ �c -
Tara�ac6n,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 HARSHAW,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 any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008.
7/4-56, "mitre..., 1110:911-4:-%‘k-
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it rylraa4r s tiff N Rp�n A 1,i 6/ 4. ��\
crI ho ') o 1\ a INSURANCE COMPANY OF THE WEST
a red 1
U o 0 SEAL_7i� x, K EXPLORER INSURANCE COMPANY
N#441r'•`m y �\ 4znyar n�ii�' ���\ �� INDEPENDENCE CASUALTY AND SURETY COMPANY
eetxdM� �J. VoM o }eS!j' t t6e cat a/474,a2
/ V/�Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President
State of California
1 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 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 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.
amirti`,, COM 0.4.0102990
O r.
`rsf _� SAN OIEip�M
t'�+ Excise 1
.
2002
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 14th day of January 2008
1/17.1/4171
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of Power of Attorney you may call I-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.
ACKNOWLEDGMENT
State of California
County of San Diego
On January 14, 2008 before me, Minna Huovila, 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.
,,,�.,r MINNA HUOVILA
U �: w N0COMMBLIC•CAUF�IA n
hies Jp .p DECEMBER 6,2011 I
Signature ,U,,LQ\
��JJ (Seal)
J
Page 1 of 2
Donna Bechler
From: Kim Ogle
Sent: Wednesday, December 12, 2007 1:17 PM
To: Donna Bechler
Subject: FW: Replacement Collateral St. Vrain Lakes PUD -Grading plan
Kim Ogle I Planning Manager
From: David Bauer
Sent: Wednesday, December 12, 2007 12:26 PM
To: Kim Ogle
Subject: RE: Replacement Collateral St. Vrain Lakes PUD - Grading plan
Yes, I'll put it in the mail to Donna, copy for you also.
Dave B
From: Kim Ogle
Sent: Wednesday, December 12, 2007 12:01 PM
To: David Bauer
Subject: RE: Replacement Collateral St. Vrain Lakes PUD - Grading plan
do you have letter from them requesting the release of collateral? Donna with CTB needs one for the file
Kim Ogle I Planning Manager
From: David Bauer
Sent: Wednesday, December 12, 2007 8:43 AM
To: Kim Ogle
Subject: RE: Replacement Collateral St. Vrain Lakes PUD - Grading plan
Thanks Kim. Let me know when it might be heard.
David 13auer
Weld County Public Works
From: Kim Ogle
Sent: Tuesday, December 11, 2007 11:04 PM
To: bdavis@carma.ca
Cc: David Bauer; TPACKARD@carma.ca
Subject: Replacement Collateral St. Vrain Lakes PUD - Grading plan
Please see attached. A separate document will not be sent via USMail.
Staff will schedule a hearing with the Board of County Commissioners
upon receipt of the replacement collateral. Questions may be directed here.
12/12/2007
4401 CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
February 6, 2008
ATTN: BRAD DAVIS
CARMA BAYSHORE, LLC
188 IVERNESS DRIVE WEST, SUITE 150
ENGLEWOOD, COLORADO 80112
RE: Partial cancellation and release of Collateral for Carma (Colorado), Inc./Carma Bayshore,
LLC
Mr. Davis:
On February 4, 2008, the Board of County Commissioners approved the partial cancellation and
release of collateral for PZ #1078, in the amount of $3,345,095.00, as referenced above, and
received a replacement Subdivision bond from Insurance Company of the West, in the amount of
$501,764.25. 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.
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: •
onna J. Becht r' '
Deputy Clerk to the Board
rIDFAX:
PHONE (970) 336-7215 Ext. 4225
(970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
February 6, 2008
INSURANCE COMPANY OF THE WEST
11455 EL CAMINO REAL
SAN DIEGO, CALIFORNIA 92130-2045
RE: Partial cancellation and release of Collateral - Carma Bayshore, LLC
To Whom it may concern:
Attached hereto please find the Board of County Commissioners Resolution partially releasing
the collateral for Carma Bayshore, LLC., and the original Subdivision Bond issued by Insurance
Company of the West issuing collateral, in the amount of $3,345,095.00.
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: /17,111/24._
Donna J. Bechl4r,
Deputy Clerk to the Board
6,06/-0 VOX
Co
Rel.. era
Cos Z
ss-t jfr8y °m- _,,_ ner 8°n d °p 2.e
Qui
SUBDIVISION BOND Depu C,1 Oz/04/2pp8 ed
to
the
Bond No. 218 74 O1Oard
Premium: $29,261.00
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 Three Million Three Hundred Forty Five Thousand Ninety Five and 00/100 Dollars
($3,345,095.00), 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: Overlot Grading, St. Vrain Lakes Filing No. 1, 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
29`h day of June, 2006.
Carma Bayshore, LLC
9
by:
,C2se
i v
Insuran e Company of,the West
G. Lupien, Attyrney-in-Fact
ACKNOWLEDGMENT
State of California
County of San Diego
On June 29, 2006 before me, Maria Hallmark, Notary Public
(here insert name and title of the officer)
personally appeared Jack G. Lupien
personally known to me (or proved to me 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 he/she/they executed the same in his/her/their authorized
capacity(ics), and that by his/her/their signatures)on the instrument the person(s),
or the entity upon behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal. MARIA HALLMARK
`� COMM. #1508244
U -'� f)
y .). NOTARY PUBLIC-CALIFORNIA m
V ,rj SAN DIEGO COUNTY n
xZ7.�i My Commission Expires ''
Signs ure .. AUGUST 08
(Seal)
No. 0001354
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 G.HARSHAW,CAROLYN M.KERL,JACK G.LUPIEN,JOHN C.STARICH,TARA BACON,GEOFFREY SHELTON
their hue 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.
. taP.4ly a5�0—Np ,y"'r' m INSURANCE COMPANY OF THE WEST
toE° ry it ,( o EAL F qr+" �Ay EXPLORER INSURANCE COMPANY
lT 00""1404f.,
00""140 f I o�4 R\O ., 6 + :1
o1°SEAL_Is r a INDEPENDENCE CASUALTY AND SURETY
W+ex,.on y", \a man c a 8 COMPANY
ek6mMM "';‘,��.-�/� Ok//emu 1/sa//q
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On November I,2005,before me,Francis Fafaul,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 instrument.
Witness my hand and official seal.
FRANCIS FAFAUL
�"� CON.*1471794 •
NOTIINr PI etc-co l onto
tiro s Ill am moo
V � McRrit AN:�
l - Francis Fafaul,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 29TH day of JUNE 2006 .
-�/
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.
t '\
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CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
II
P. O. BOX 758
GREELEY, COLORADO 80632
WI D
C.
COLORADO
December 21, 2009
Insurance Company of the West
11455 El Camino Real
San Diego, California 92130
RE: Maintenance Bond #218 74 04 A for Carma Bayshore, LLC
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 Maintenance Bond.
As you are aware, on the 14th day of January, 2008, Insurance Company of the West issued a
Maintenance Bond on behalf of Carma Bayshore, LLC., naming the Board of County Commissioners of
Weld County as beneficiary. The dollar amount of the Maintenance Bond was established at Five
Hundred One Thousand Seven Hundred Sixty-Four and 25/100 ($501,764.25).
The terms of the Maintenance Bond require that it be maintained by your institution until the 14th day of
January, 2010, In addition, the terms of the bond state that this obligation shall be void one year after
the date of acceptance of the improvements by the Obligee, otherwise this obligation shall remain in full
force and effect. The improvements are not deemed acceptable at this time; therefore, we will need
either a new Maintenance Bond, or Letter of Extension stating the expiration date of the Bond will be
continued until the improvements have been completed.
If you have any questions regarding this letter or your obligations under the Maintenance Bond, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227.
Verytruly yours,
ou / '�
ge 1 keL
Donald D. Warden
Clerk to the Board �p
By: Vag_
Deputy Clerk 666 the Board
pc Carma Bayshore, LLC
,'< /f/5
MIKE PARTHEYMULLER
Senior Development Manager
Carma
Highland Place II
Best Communities.
9110 E. Nichols Avenue, Suite 11180
Best Value.Since 1958
Englewood, Colorado 80112
.. Bus: (303) 706.9453
U.S. Postal ServlceTM
Fax: (303) 706-9453
ru CERTIFIED MAIL,,,, RECEIPT Cell: (303) 717-8996
ru arthe m mutter@carma.ca
ED (Domestic Mail Only;No Insurance Coverage Provided) P Y
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F•r•eliveryinf rmati•n visit•ur we•site at www.us•
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Postage $
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(Endorsement Required)
NRestected Delivery Fee r/1�. TOM MORTON
.9 (Endorsement Required) J " Vice President, Colorado
Total Postage&Fees $rg
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Highland Place II
O Sent To Best Communities.
O10 E.Nichols Avenue,Suite#180
1... e -L12, .rid co .62 1� �?[ Best Value.Since 1958
StieeC apt.Na; Englewood,Colorado USA 80112
or PO Box No. !/95.� t/ EilmLrn� .ee�-/ Bus: (303) 706-9451
City, tatter - H Fax: (303) 706-9453
r Pager: (303) 208-4567
PS Farm 3',,.June 2x02 See averse t•r lnsiructi•ns tmortonacarma.ca
SENDER: COMPLETE THIS SECTION COP.IPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A.
Item 4 if Restricted Delivery is desired. X ') ` \ NO
/ O Agent
• Print your name and address on the reverse 1 �- O Addressee
so that we can return the card to you. / ofovary
• Attach this card to the back i the mailplece, br1� o liar��
or on the front if space permits. lJ
1. Article Addressed to: D. Is delivery address different from item 1? 6 Yes
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If YES,enter delivery address bSw: O No
J)fSirance d of Jk S/
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❑Insured Mail O C.O.D.
4. Restricted Deliver)?(Extra Fee) ❑Yes
2. Article Number
(Munster from aervlcelebe0 7005 1820 0003 5224 7822
PS Form 3811,February 2004 Domestic Return Receipt 1oPx45+1t-541500
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December 21, 2009 Y M
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Insurance Company of the West K
11455 El Camino Real n N -1
San Diego, California 92130 0 03 m
CO CO
RE: Maintenance Bond #218 74 04 I c
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Ladies and Gentlemen: �y N G
III
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This letter shall act as a reminder to yol f
Weld County under the above-reference
As you are aware, on the 14th day of Je c
Maintenance Bond on behalf of Carma o'' of
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Weld County as beneficiary. The dollar Ii Z ; 5 D -i
Hundred One Thousand Seven Hundre 0 G = A Z
The terms of the Maintenance Bond rec i Z z p of
Fit,January, 2010, In addition, the terms o 0 z
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the date of acceptance of the improverr .. x I O ull
force and effect. The improvements an0 z. m I N > O
either a new Maintenance Bond, or Len = m -4I > m -I
continued until the improvements have ` u d ) < = O PRESORTED
O CPt ) m Z FIRST CLASS
If you have any questions regarding this ` m �N g )6 „_„ _.y. Du
disagree with any of the statements cor 0 DP C o m �. '
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ext. 4227. 0 nvz F i t.;17:14h!
d o o ?. - ;.
Very truly yours, A^t }'.
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Donald D. Warden o CVO
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Clerktothe Board ` v• um o3 c' is
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By: ._ iJ N C N8 !I
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Deputy Clerk the Board il o co ask)
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pc Carma Bayshore, LLC — co DI
Esther Gesick
From: Esther Gesick
Sent: Tuesday, January 26, 2010 11:39 AM
To: 'Helen Tomlinson'
Cc: 'msavela@carmadevelopers.com'; Kim Ogle; Richard Hastings; David Bauer; 'Donna Bechler
Subject: RE: Bond List
Helen,
This will help support our records. Thanks for all of your assistance!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado dt.c,
915 10th Street �J Greeley, CO 80631 Gcu ,tcI .
(970)356-4000 X4226
(970)352-0242 (fax) L i/
From: Helen Tomlinson [mailto:htomlinson@riskcorp.com] f y (&c— e 1
•
1 G:
Sent: Tuesday, January 26, 2010 11:19 AM
To: Esther Gesick
4'
Cc: Marc Savela; Ashley Snedden
Subject: RE: Bond List
Esther:
As per our phone conversation.
This email is to certify that Insurance Company of the West has not terminated its Suretyship under bond
2187404A and that such bond according to its records is still in full force and effect and shall remain so until
notification of release is received from Weld County.
I hope this meets with your requirements.
Regards
Helen
Helen Tomlinson - Insurance Services/IT
Riskcorp Inc./IBNI Insurance Services Limited
465 Richmond St.,Ste.302,London,ON Canada N6A 5P4
t:519-432-6881 f:519-432-4289 e:htomlinsonariskcorp.com
EMAIL CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error,
please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient,you are notified that
any use,dissemination,distribution,copying or storage of this message or any attachment is strictly prohibited.
From: Marc Savela [mailto:msavela@carmadevelopers.com]
Sent:Tuesday, January 26, 2010 11:31 AM
To: Helen Tomlinson; Ashley Snedden
Cc: 'Esther Gesick'
Subject: RE: Bond List
1
Helen—
I've been contacted by Weld County that they have not received the bond renew for Maintenance Bond#218 74 04 A.
Per you last e-mail I believe that was to be sent around Jan 8th. Can you send a pdf copy of the renewal that I can pass
along to the county? Thanks.
Marc Savela
Development Manager / gg' -1� 1't'ri1 e t /(267-57` `_� A-511Carma Colorado 5� gD//O?
303.790.6664-office A S, Aire 5aVek,
303.587.0261-cell
From: Helen Tomlinson [mailto:htomlinson@riskcorp.com]
Sent: Thursday, January 07, 2010 11:27 AM
To: Ashley Snedden
Cc: Marc Savela
Subject: RE: Bond List
Hi Ashley:
The bond automatically renews without any action on my part until it's released by the Obligee..
It is currently sitting on my desk so that I can prepare the renewal invoice.
Cheers
Helen
From: Ashley Snedden [mailto:asnedden@carmadevelopers.com]
Sent: Thursday, January 07, 2010 1:06 PM
To: Helen Tomlinson
Cc: Marc Savela
Subject: RE: Bond List
Hello Helen,
Will you please confirm that you are renewing the Maintenance Bond #218 74 04 A for Carma Bayshore, LLC? According
to the spreadsheet you sent me in early December(attached),the bond should be renewed on 1/14/2010. Please let
me know if you need anything from us in order to renew this bond.
Thanks for your help,
Ashley
Ashley Tarufelli Snedden
Carma Developers
188 Inverness Drive West, Ste. 150
Englewood, CO 80012
(d) 303-790-6673
(c) 720-335-3535
2
From: Helen Tomlinson [mailto:htomlinson@riskcorp.com]
Sent: Monday, December 07, 2009 2:39 PM
To: Ashley Snedden
Subject: Bond List
Hi Ashley:
Attached is a quick list of all current Carma bonds
let me know if you see any discrepancies or have any questions.
Cheers
Helen
«Carma Bond List Dec 0709.xls>>
Helen Tomlinson - Insurance Services/IT
Riskcorp Inc./IBNI Insurance Services Limited
465 Richmond St.,Ste.302,London,ON Canada N6A 5P4
t:519-432-6881 f:519-432-4289 e:htomlinsonAriskcoro.com
EMAIL CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error,
please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient,you are notified that
any use,dissemination,distribution,copying or storage of this message or any attachment is strictly prohibited.
3
Donna Bechler
From: Donna Bechler
Sent: Monday, January 04, 2010 4:59 PM
To: 'Marc Savela'
Subject: RE: Maintenance Bond for Carma Bayshore, LLC
Attachments: 20080408.pdf
I realized it and sent him another e-mail. I will include it in my response to you.
From: Marc Savela [mailto:msavela@carmadevelopers.com]
Sent: Monday, January 04, 2010 4:33 PM
To: Donna Bechler
Subject: FW: Maintenance Bond for Carma Bayshore, LLC
Donna—
This was forwarded to me from Tom, but it looks like the letter you are referencing was not included. Can you please
send it to me and I can take a look at it? Thanks.
Marc Savela
Development Manager-Carma Colorado
Phone-303.790.6664
Cell - 303.587.0261
From: Nolan Donley
Sent: Monday,January 04, 2010 4:00 PM
To: Marc Savela
Subject: RE: Maintenance Bond for Carma Bayshore, LLC
From:Tom Morton
Sent: Monday,January 04, 2010 1:15 PM
To: Carole Dodero; Nolan Donley
Cc: Mike Partheymuller; Miles Stephens
Subject: Fw: Maintenance Bond for Carma Bayshore, LLC
Can you follow up on this.
From: Donna Bechler<dbechler@co.weld.co.us>
To:Tom Morton
Sent: Mon Jan 04 12:57:29 2010
Subject: Maintenance Bond for Carma Bayshore, LLC
Mr. Morton,
I am attaching a copy of the letter I sent to the last address I had for you at 9110 Nichols Ave in Englewood, but received
it back as undeliverable. I am hoping I can contact you at this e-mail address. Please let me know if you receive it.
(Sorry I forgot to send the attachment with the first e-mail)
1
Thank you.
Sincerely,
DONNA J. BECHLER
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
(970) 356-4000 Ext.4227
(970) 352-0242 (fax)
Website: www.co.weld.co.us
Email: dbechler@co.weld.co.us
2
Hello