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Home My WebLink About20080928.tiff 0 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1584- GERRARD EXCAVATING, 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 February 14, 2007, the Weld County Board of Commissioners approved Use by Special Review Permit#1584, for Gerrard Family Limited Partnership, LLLP, 1739 South County Road 13C, Loveland, Colorado 80537, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial and Industrial Zone Districts (construction business with two shop buildings, an office, and outdoor storage) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW1/4 of Section 18, Township 5 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS,on September 17,2007,the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrard Excavating, Inc., with terms and conditions being as stated in said agreement, and accepted Subdivision Performance Bond#104773586 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $197,798.33, 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$168,128.58, retaining 15 percent($29,669.75)for a one-year warranty period, and WHEREAS, the Board has been presented with a Subdivision Performance Bond Rider #104773586 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, reducing the amount of credit available for draw by Weld County to $29,669.75. NOW, THEREFORE, BE IT RESOLVED by the Board that the Subdivision Performance Bond Rider#104773586 from Travelers Casualty and Surety Company of America, in the amount of$197,798.33 be, and hereby is, partially canceled and released, and that the remaining balance of$29,669.75, be, and hereby is, accepted. 1111111111111111111 11111111111111111 III IIIII IIII IIII 3545618 04/04/2008 12.52P Weld County, CO 2008-0928 1 of 2 F, 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1872 cc iL f kt), /, j°L c/-l/Ga/US CANCEL COLLATERAL - GERRARD EXCAVATING, INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1/A v�� i m H. Jerke, Chair Weld County Clerk to the Boar / 61 Robert D. M sd n, Pro-Tem BY: Deputy lerk to the Board W�4F. Garcia ED AS G EOLA David E. Long County Attorney EXCUSED Douglas Rademacher Date of signature: ��//7 €- 1111111 11111 111111 1111111111 11111 111111 III 11111 IIII IIII 2008-0928 35456.8 04/04/2008 12:52P Weld County, CO PL1872 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder MEMORANDUM rietti4t , TO: Clerk to the Board Office DATE: 3/20/2008 Board of County Commissioners I CFROM: Richard Hastings Public Works Department O SUBJECT: USR-1584(Gerrard Excavating), Off-Site Road • Improvements Partial Release of Collateral COLORADO The Public Works Department has received a request from Gary Gerrard, President of Gerrard Excavating, Inc., for the release of partial collateral for off-site road improvements in the amount of$168,128.58. This request is being made after completion of the off-site improvements for this project. A collateral balance of$29,669.75, equal to 15% of the costs, will be retained for the one year warranty period. Please see the attached. Public Works has reviewed this request and supports this partial release. A replacement bond from Travelers Casualty and Surety Company of America, dated March 10, 2008, has been submitted and is attached. pc: Don Dunker, Public Works Kim Ogle, Planning Services MvPLANNING—DEVFI OPMI NT R V IEWUSR-Use by Special ReAiew I SR A84 Len ard YardAGerta'd penal release wa anty MEMO Inc Page 1 of 1 2008-0928 A /8702 MEMORANDUM TO: Don Dunker DATE: 2/20/2008 FROM: Nick Marquez COLORADO SUBJECT: USR-1584 Gerrard Excavating Off-Site Road Improvements Partial Release of Warranty Collateral. The Public Works Department has received a request from Gary Gerrard, President of Gerrard, for the release of partial collateral for off-site road improvements. All items from the punch list dated 11-28-2007 have been completed/submitted. The as-builts have been reviewed and is in line with the work completed. The bond number is 104773586 and was supplied by Travelers Casualty and Surety Company of America Amount escrowed: $197,798.33 Amount for warranty: $ 29,669.75 Amount for release to Gerrard: $168,128.58 If you have any questions let me know. Thank you. Nick Marquez Construction Inspector Weld County Public Works 970.397.2418 cell 970.304.6496 office nmarquez@co.weld.co.us M\PLANNING-DEVELOPMENT REVIE W\USR-Use by Special Review\USR-1584 Gerrard Yad\gerrard release warranty MEMO.doc Page 1 of 1 d ct PUBLIC WORKS DEPARTMENT 1111H STREET, P.O. BOX 758 I GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US Q PHONE: (970) 356-4000, EXT. 3750 • FAX: (970) 304-6497 COLORADO November 28`h, 2007 RE: Weld County Road 13 and Highway 34 Punch List 1) Seeding / Mulching must be completed 2) Placement of Pavement Ends sign 3) Complete set of As-Built plans ATDeveloping A Common Future Monday, January 16, 2008 Weld County 1111 H Street PO Box 758 j, f Greeley, CO 80632-0758 JAN 2 2 2008 'r'1 Attention: Nick Marquez / L i Reference: USR-1584 Gerrard Yard—Release of Collateral Dear Mr. Marquez, Pursuant to the terms of the Off-Site Agreement. Section "Security and Warranty'_ paragraph Q, Gerrard requests the release of collateral. The bond number is 104773586 supplied by Travelers Casualty and Surety Company of America. If you have any questions, please call me or Jim Fitzgerald at 669-1463. Also notify Jim Fitzgerald when the release is complete. Best regards, /Gary"( Pre 'd t Cc file Jim Fitzgerald 733 South County/filmy" _3 - Loveeanc: CO 80537 0 .g TO 66' u 405f m 36E.I SO,` RIDER Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 r'1 el-To be attached to and form a part of: cl C.,- il Bond No. 104773586 c � Type of Bond: Subdivision Performance Bond Executed by Gerrard Excavating, Inc. , as Principal, and by Travelers Casualty and Surety Company of America, as Surety, in favor of County of Weld, State of Colorado and dated September 17. 2007. In consideration of the premium charged for the attached bond, it is hereby agreed to change: Bond Amount for 1-year warranty period to be reduced to 15% of contract price From: $197,798.33 To: $29,669.75 This rider is effective November 23, 2007 This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 10th day of March , 2008 Gerrard Excav ^.ing, Inc. By: Princi Travelers asualty and Surety Company of America By: At orney-in-Fact Steven S. Ewing "RIDER ACCEPTED BY: (Obligee) Date "If Obligee signature required, please sign duplicate and return to Surety. 5-1234(01-99) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217948 Certificate No.0 017 0 519 6 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Richard D.Herbert,Christine A.Herbert,Steven J.Ewing,and Bryan K.Brenning of the City of Loveland ,State of Colorado ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per ultted in aneylkions or47fuceedings allowed by law. ' 21st IN WITNESS WHEREOF,the Compaeirgl�ave caused this instrument toThe signed and then corporate seals to be hereto affixed,this day of June CUU � <44 Farmington Casualty Company -. s _ St.Paul Guardian Insurance Company Fidelity and Guaranty'nebrance Holtman" `u4 St.Paul Mercury Insurance Company Fidelity and Guaranty Insuruace'Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GLBU.tt1 `Si tr e; �M IMSG pi 3°q ,O" snot. sat YMb e I� =2p�a 4g pp ®- 194.27 yen- eF°.a_,.i fg = —Tel' : a ' -+y`'htcraY+a Ar/ X951 ua� 4 ° '.SE AL" `�SEALr3° raNa8 �¢ >�7 area `4n "is':.x+' r' %nN State of Connecticut By: City of Hartford ss. Georg Thompson, nior ice President On this the 21st day of June 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. IS', W C • y.R� My Commission expires the 30th day of June,2011. * SNAP; w�Marie C.Tetreault,Notary Public a 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 9 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety,Company.i$f Ameriea„and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powecof RtCornexitiented tiY sA4I Companies,which is in full force and effect and has not been revoked. a q¢ IN TESTIMONY WHEREOF,I have hereunto set my hand anda$ixed the seals bf said C,mnpanies this 10th day of March ,20 Q$. a , !.JohanssistantSecretary flfl ® C EryJ� PEP 4PPh� yost 'a tia� 's�P.ucr. ^!5 PNVP !y. .- �� ci .t � . Y ' vbl Aet� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Hello