HomeMy WebLinkAbout20061915 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (SITE GRADING ACTIVITIES - FILING I),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT 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,on March 15,2006,the Board of County Commissioners approved the request
of Carma (Colorado), Inc., Highland Place II, 9110 East Nichols Avenue, Suite 180, Englewood,
Colorado 80112, for Change of Zone, PZ#1078, from the A(Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District, 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 - St. Vrain Lakes PUD, on the following
described real estate, to-wit:
Parts of Sections 25, 35, and 36, Township 3 North,
Range 68 West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (Site
Grading Activities - Filing I) 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
WHEREAS, the Board has been presented with Subdivision Bond No. 218 74 04 from
Insurance Company of the West, 11455 El Camino Real, San Diego, California 92130-2045, in the
amount of$3,345,095.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Bond as stated above, copies of whi ch are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Site Grading Activities - Filing I) 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, be, and hereby is, approved.
2006-1915
(10 F C06) PL-i rid L PL1815
0g—C3-0C.
IMPROVEMENTS AGREEMENT- CARMA (COLORADO), INC./CARMA BAYSHORE, LLC
PAGE 2
BE IT FURTHER RESOLVED that Subdivision Bond No. 218 74 04 from Insurance
Company of the West, 11455 El Camino Real, San Diego, California 92130-2045, in the amount
of$3,345,095.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of July, A.D., 2006.
BOARD OF UNTY COMMISSIONERS
'" ...,,>, WELD CO TY, COLORADO
ATTEST: LeW
rv. , " ' Geile Chair
Weld County Clerk to the
ue7� r EXCUSED
David E. Long, Pro-Tern
BY: L'L11 q
Depu Clerk to e Board
Willi H.
(,1 J_e�`f'-'}n`Y,b,rke
APP D AS TO F
Robeyp. Masde
,� �
my tt rney =� 4"
Gler n Vaad
Date of signature: 7/7 'IU(e
2006-1915
PL1815
MEMORANDUM
wiipc
TO: Clerk to the Board DATE: 7/10/2006
COLORADO FROM: Perry Eisenach, Engineering Division Manager ,r-
SUBJECT: Agenda Item
Improvements Agreement According to Policy Regarding Collateral for Site Grading Activities
Filing 1 with Carma Bayshore LLC.
Enclosed also is a Subdivision Bond.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
M:\Francie\Agenda Item.doc
2006-1915
IMPROVEMENTS AGREEMENT ACCORDING TO
141 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(SITE GRADING ACTIVITIES-FILING 1)
a
THIS AGREEMENT, made and entered into this /2"day of CJ(/i' , 2006,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,"and Canna Bayshore, LLC hereinafter called"Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld,Colorado:
A PARCEL OF LAND LOCATED IN SECTIONS 35 AND 36,TOWNSHIP 3 NORTH,RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO.
WHEREAS,a Grading Plan for the said property,to be known as Lake Improvement Grading Plans,
St.Vrain Lakes Filing No. 1 has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site / Grading Plan shall be approved by the County until the
Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public
improvements shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit
Development Final Plat, or Site / Grading Plan, which improvements, along with a time schedule for
completion,are listed in Exhibits"A"and"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Site Grading changes listed on Exhibit
"A,"which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Site Grading
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference,according to the construction schedule set out in Exhibit"B"which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit"B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit"B"upon application by the
Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
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5.0 General Requirements for Collateral:
5.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Grading Plan approval,the applicant shall submit said collateral
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. The improvements
shall be completed within one (1) year after the Grading Plan approval(not one
year after acceptable collateral is submitted) unless the applicant(s) requests that
this Agreement be renewed at least thirty(30)days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of One-Hundred percent(100%)of the value of
the improvements remaining to be completed. If improvements are not completed
and the agreement not renewed within these time frames,the County,at its discretion,
may make demand on all or a portion of the collateral and take steps to see that the
improvements are made.
5.2 The applicant intends to develop in accordance with Exhibits"A"and"B."
6.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
6.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
6.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits"A"and"B."
6.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
6.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
6.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
6.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
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6.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Grading Plan
approval,whichever occurs first. Said letter shall stipulate that,in any event,
the Letter of Credit shall remain in full force and effect until after the Board
has received sixty(60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
6.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
6.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
6.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
6.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
6.2.4 A building permit hold shall be placed on the encumbered property.
6.3 Escrow Agreement that provides at least the following:
6.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
6.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
6.3.3 The escrow agent will be a Federal or State-licensed bank or financial
institution.
6.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
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6.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
6.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
7.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
7.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
7.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
7.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
7.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
7.5 The requirements in paragraphs 7.0 thru 7.4 shall be noted on the grading plans.
7.6 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the improvements by the County, the applicant(s)
may request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
7.7 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%)of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
7.8 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
8.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have cause i greement to be executed o the day
and year first above written. ,
APPL AN 4
APPLICANT:
111'LEt / " ( T
Subscribed and sworn to before me this eit day of - JL(/ , 2006. \
My Commission expires: _ J I it.-6 Coet lJ
pPY pU9 ,' Notary Public
CAROLE
a,DODERO :oea• s
ilgT,, Q
ear
. .,`% o
Al 1 EST: CO ••..'r- ��..np`` BOARD OF COUNTY COMMISSIONERS
u'ea LD COUN ,COLORADO
Weld County Clerk to the Board 1151 ^i, .�f
( } � J. Geile
, Chair
BY:` ' 1'Li e' i t ,t zi E JUL 17 2006
D ty Clerk to the Board
APPROVED AS TO FORM: �Z--
ounty Attorney
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EXHIBIT"A"
Name of Subdivision
or Planned Unit Development: St. Vrain Lakes
Filing: Filing No. 1 Early Grading Permit
Location:North of St. Vrain Creek, East of I-25, South of WCR 28 and west of WCR 11
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading 2,847,000 CY 1.00 $2,847,000
Erosion&sedimentation control 1 LS $193,995 $193,995
Street grading
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs=$304,100
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION=$ 3,345,095.00
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The above• pro ments shall be constructed in accordance with all County requirements and specifications,
and con .rm e with this provision shall be d; ermi .-d solely by Weld County,or its duly authorized agent.
Said i .�- fee s - •o- p ;• r ' g to e construction schedule set out in Exhibit"B."
By
Applicant
Applicant
UDate: 1c7 `Th , 2006.
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: St. Vrain Lakes
Filing: Filing No. 1 Early Grading Permit
Location:North of St. Vrain Creek, East of I-25, South of WCR 28 and west of WCR I 1
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All improvements shall be completed within 1 year from the date of approval of the Grading Plan.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 12 months
Erosion&sedimentation control 3 months
Street grading
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
SUB-TOTAL: 12 months(with overlap)
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The County,a is option, and upon the request of the Applicant,may grant an extension of time for
comp ion r any particular impro ements s above, upon a showing by the Applicant that the above
sche ule be met.
B .
Applicant
Applicant
r/
Date: .I'c_ Ly , 2006.
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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3075 St.Vrain Lakes Filing No. 1
Erosion Control SIA
EST. EST.
ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL)
EROSION CONTROL
Silt Fence(includes lake area) 12440 LF $1.25 $15,550
Vehicle Tracking Control Device 2 EA $700.00 $1,400
Inlet Protection 32 EA $200.00 $6,400
Rip-rap 12 CY $45.00 $540
Temporary Seeding and Mulching 303 AC $500.00 $151,500
Diversion Dike 12048 LF $1.00 $12,048
Temporary Sediment Basin 10 EA $650.00 $6,500
Curb Socks 52 EA $1.10 $57
Earthwork Cut Volume 2,652,000 yd3 $1.00 $2,652,000 -�
Topsoil Strippings 195,000 yd3 $1.00 $195,000
SUBTOTAL $ 3111995
• TO7`AL ;19 -
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REVISED: 6/7/2006 5:57 PM PAGE 1 of 1 3075-ST.VRAIN LAKES SIA QUANTITIES.xls
re
SUBDIVISION BOND
Bond No. 218 74 04
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 B
ayshore, LLC
by: /IV � z AC42c.
Insuran e Company of;the West
r,--/77/
G. Lupien, Attqrney-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 bads of satisfactory evidence) to be
the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/sho/they executed the same in his/her/their authorized
capacity(ios), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
" '��' MARIA HALLMARK
COMM. #1508244
U `Q _r.� NOTARY SAN D EGO COUNTY iA O
�r?lr�j r My Commission Expires
Signa Ure AUGUST 17,2008
(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 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.
/ ��. �o 4N
ctravwr°`. �\��oti��` en oao INSURANCE COMPANY OF THE WEST
rosrour �"' f �° as�\�, q 6 4 EXPLORER INSURANCE COMPANY
(i O�SF.AL��v I a INDEPENDENCE CASUALTY AND SURETY
it on <e s 44011.411 / \40.01014,/ {.�'R�r�f?/ \yA�o. a COMPANY
at..LatAla diidigillaria."7-1-5-•-•.---
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On November 1,2005,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 instrunent,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
A.,. FNANCIB FAFIWL
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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 28TH 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.
I.C.W.Group
❑Insurance Company of the West
❑Explorer Insurance Company
O Independence Casualty and Surety Company
11455 El Camino Real, San Diego,CA 92130
(858)350-2400 FAX (858)350-2707
www.icwgroup.com
SUBDIVISION QUESTIONNAIRE
Developer(Principal): ( i, c, 136 L/s , L.L C
Address: 7// e /U•c(ols ,4vt. u ' 4-c IS0
--)-O ( 7 B0II!-
SubdivisionName: [),c (l/r4 1 Van LoLc-s)Location: tJGR OCR I)
Tract Number: Number of Units: 5 4
Selling Price of Units: d l7z , To o o
"'Anticipated Start Date: LI.)L, Completion Date: 7/Du
Improvements Cost Name of Contractor Bonded(Y/N)
Engineering $ 3�4,loo rrbll 4 LA,
Grading $ 5,J4o, Jig //�Scn Ac± &J).ceS
Streets,Curbs,etc. $
Water $
Sewer $
Utilities $
Other $
Obligee(Municipality Requiring Bonds): C Jc I ci C a i v
Address: c7/` ,,,/4, 5)-.
(vi-ce, Co ? )c-32
Type of Bond(s)Needed Performance Labor&Material
Grading Improvements $ 3 s'/S, ,S
Street Improvements $
Water Improvements $
Sewer Improvements $
Storm Drain $
Monument $
Maintenance Guarantee $
Property Tax $
Other $
Lender: /61/f Loan Officer:
Address: Phone:
Total Construction Loan: $
Amount Set Aside for Improvements: $
Is a Set Aside Letter Available: O YES ❑ NO (Attach Copy of Lenders Form)
Attach the following information if available:
Engineers Estimate of Cost to Complete Offsite Improvements
Required Bond Forms
Subdivision Agreement
Joint Venture and/or Partnership Agreements(if applicable)
Vicinity Map
GN-ICW 142(7/00)
REQUEST FOR SUBDIVISION PERFORMANCE BOND
Name of Principal on bond: ( i,rn7 c LG��Sloe?' L/-6
Project Manager for Principal: I /y T c GlGr e 303 750- Os-Co 303 - 7o& Svs
Name Telephone Number FAX Number
Amount of Bond required: $ 3,34/5 705
Obligee: (a}G Id ( nth/
NSIIIIkt
t1!/ F'sens.GL 97.5. log (.4y'G 770 - 3a4 6491
Contact Persait Telephone Number FAX Number
Security is required under Subdivision Agreement No. Dated /ryrur'e., ,no# c1inG1i 7r/( .
Project Name&Description: 54 Wr i n 1.-n be 5 F:/:n /U.o. 1 /c r[2/ GcG(Offs
f 1cn5 �-
Brief Description of Works: O„cr I o}- q ru ct L nj cf�f r I i nr9 !vt. l G ncl
• °i 1 znr4-t.1 GrC-G,
Estimated Budgeted Costs of Works: $ 3, 3 GS, ,7 cj S
Estimated Date: Start: 07 I J la 0 Completion: O7 / Z»7
Month Year Month Year
Has work been tendered: O Yes ID No If yes, accepted bid $
Name of General Contractor:
•
Will Performance and L&M bonds be required from the Servicing Contractor: ❑ Yes® No
If yes, details:
ie.type,amount,etc.
Engineering Consultant's to Principal: C•crrc 11 d l.-c 1 e .Lne
rr---� Firm Name
frGe� (aJaLia 303 9ro- or,. 303 `is° X17
Contact Person Telephone Number FAX Number
Attachments: ® Detailed Estimate of Costs of Works
® Copy of Subdivision or Developmept Agreement for all bonds exceeding$750 pc,if not previously
provided. If ify /4yrrcnc.rl t...)•11 .¢oe 545nu'l once -tie b0d is +n
A �IGCe.
Person requesting bond: /ti�-T 6i C ./Z2(p Date: 6/7/°6"
Name
303- 740- cs-5u 303- 70(. - 5c/S-3
Telephone Number FAX Number
For London Use:
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