HomeMy WebLinkAbout20020921.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#340 - ROLINDA
COLORADO COMPANY LTD., AND FIREBAUGH PRECAST, 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 16, 2001, the Department of Planning Services staff did
approve a Site Plan Review, SPR#340, for Rolinda Colorado Company Ltd, and Firebaugh
Precast, Inc., P.O. Box 691, Canal Fulton, Ohio, 44614, for the Fabrication of Precast Concrete
Products on the following described real estate, to-wit:
Lots 6-12, Block 1 and Lot 7, Block 2, Panoram
Industrial Park Subdivision, being part of the N1/2
of Section 12, Township 1 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
(Public Road Maintenance) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Rolinda Colorado Company Ltd., and
Firebaugh Precast, Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #5877623 from
Ohio Farmers Insurance Company, Westfield Companies, Westfield Center, Ohio, 44251-5001,
in the amount of$350,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond #5877623 as stated above, copies of which are attached hereto
and incorporated herein by reference, and
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 (Public Road Maintenance) between the County of Weld, State of
Colorado, by and through the Board of County Comnissioners of Weld County, and Rolinda
Colorado Company Ltd., and Firebaugh Precast, Inc., be, and hereby is, approved.
no/Ada!
CC .` 'Cc ?GOB no/'A1da! F/ PL1597
IMPROVEMENTS AGREEMENT - Rolinda Colorado Company, Ltd (SPR#340)
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond #5877623 from Ohio Farmers
Insurance Company, Westfield Companies, Westfield Center, Ohio, 44251-5001, in the amount
of$350,000.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
Ellaa
ATTEST: ate,
�l�/ GI Vaad, Chair
Weld County Clerk to th:'e'�. i'��� ���
I�iO ` David E. L g, Pro-Tem
BY: <o' //f ) / . -11" \ -2
Deputy Clerk to the Board 17-t -' ioery
M. J. eil
APPROVED AS TO FORM:
EXCUSED
��� William H. Jerk
my Attorr�ey �1�
Robert D. Masden
Date of signature: Z2_5
2002-0921
PL1597
tfott
WUDC. MEMORANDUM
COLORADO
TO: Weld County Board of County Commissioners March 1, 2002
FROM: Robert Anderson, Planner III
SUBJECT: Acceptance of Performance Bond
Rolinda Colorado Company, Limited
Post Office Box 691
Canal Fulton, Ohio 44614
Case Number SPR-340
On February 13, 2002, the Department of Planning Services received a Performance Bond for
Rolinda Colorado Company, Limited, for on-site improvements for the Fabrication of Precast
Concrete Products in the 1-3 Zone District, Case Number SPR-340, in the amount of Three
Hundred and Fifty Thousand Dollars and no/100's ($350,000.00)
Items covered under this Performance Bond include:
Item Estimated Completion Date Amount
Street Base May 2002 $ 127,500.00
Retention Pond/Drainage " 38,752.00
Water Mains & Fire Hydrants " 79,160.00
Road Culverts " 21,000.00
Landscape Treatment Oct 2002 30,000.00
Sub Total $ 306,912.00
Engineering and Supervision Costs 15,346.00
Total Estimated Cost of Improvements and Supervision $ 322,258.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the work
required for on-site improvements for and the Department of Planning Services recommends
acceptance of this Letter.
&01)&-''9O?/
P�ls9 7
202
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this $ day of i F p ,200L,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and Ao//„Jo Co%e.,cco.11 ni, 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:
2 . /4 i "-/2, c/lo/S /- 3/ ,e44 a Ain
�a�K s.4/ r/iSi nn , et/A" /Y o. /879972) offh / Gda/0/CS......yy-
lo'-.A /%eco0/f
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as/lp o//.JA7r .1. il spA 44. 3 yo 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 Hat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvements 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 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 Subdivision or Planned Unit
Development improvements 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.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County. Applicant shall furnish one set of
01 OS 2001
2946202 04/26/2002 11:12A JA Suki Tsukamoto Res J
111111 11111 X11111111111 11111111 Iii IIII �� Pl II S'' .Ill PCItLICk2\DI}IPNO,4(:N!!
1 of 15 R 0.00 D 0.00 Weld County CO ,at - .2/
•
reproducible "as-built" drawings and a final statement of construction cost to the
County.
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.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit "A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit "B" 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 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 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
111111111111111111111111 III 111111111111r[MACRO,R siNed 1:,cxee
2946202 04/26/2002 11:12A JA Suki Tsukamoto
2 of 15 R 0.00 D 0.00 Weld County CO
• 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.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development are not adequate in structural capacity,
width, or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements
agreement prior to recording the final plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of County
Commissioners. -
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off-site improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider, applicant, or owner shall reimburse the original subdivider, applicant.
or owner, for a portion of the original construction cost. In no event shall the
original subdivider, applicant, or owner collect an amount which exceeds the total
� 11111111111111111111111III HUB 111111111111111I H I01UNl001
M:M'PFIL11SM t11‘1111141111.10111O\UIMPHO%%GHEE.
2946202 04/26/2002 11:12A JA Suki Tsukamoto
3 of 15 R 0.00 D 0.00 Weld County CO
• cost of improvements less the pro rata share of the total trip impacts generated by
the original development. Evidence that the original subdivider,applicant,or owner
has been reimbursed by the subsequent subdivider, applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision, Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways.
The cost of road improvements may be paid by cash contribution to the prior
subdivider,applicant or owner,or by further road improvements which benefit the
prior subdivider, applicant, or owners property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
rata share of the road improvement construction costs for all Subdivisions,
Resubdivisions, or Planned Unit Developments. A special transportation study
shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement.
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
MUM UUUMM 1111111 11111 III 1111111 11111 III 11111111 NI:NN?FILES\\\E\DIWCNLIfwO\Iµ.II'HOC(:kP!
2946202 04/26/2002 11:12A JA Sukt Tsukamoto
4 of 15 R 0.00 0 0.00 Weld County CO
•
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development are satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets,curbs and gutters,and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall, upon request by the applicant, inspect the subject streets,
and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect
the streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according
to County standards, he shall recommend acceptance of the streets for full
maintenance. Upon a receipt of a positive unqualified recommendation from the
County Engineer for acceptance of streets within the development, the Board of
County Commissioners shall accept said streets as public facilities and County
property,and shall be responsible for the full maintenance of said streets including
repair.
7.0 General Requirements for Collateral:
7.1 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 Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies
and regulations. The improvements shall he completed within one(1)year after the
Final Plat 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 (1000%) of the value of the improvements remaining to he
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.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
Mill lllll Ill ll III" III llI l VIII III I'll/ HE )1'1\\1.1'11.1.11\\!.>DI`.I.1'NLIfHO:\lµ)II'N(1iNed C118
\GRFr
2946202 04/26/2002 11:12A JA Suki Tsukamoto
5 of 15 R 0.00 D 0.00 Weld County CO
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The
costs of the improvements described in Exhibit"A"will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based
on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report"
of The Engineering News-Record as published by The McGraw-Hill Companies.
The applicant has provided cost estimates for all phases of the development which
will be adjusted in accordance with The State Highway Bid Price Index at the time
of posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 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:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and "B."
8.1.2 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.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 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.
8.1.5 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.
8.1.6 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 Final Plat
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
11111111111111111111111 III 1111111 HEM III 11111 1111111 DI YLHLI(HO\IH?II'll\pIGkF!
2946202 04/26/2002 11:12A JA Suki Tsukamoto
6 of 15 R 0.00 0 0.00 Weld County CO
•
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.
8.2 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:
8.2.1 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.
8.2.2 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.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 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.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 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.
8.4 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.
111111 11111 1111111 11111 III 111111111111 III 11111 IIII IIII Rc,ised 0111001
2946202 04/26/2002 11:12A JA Suki Tsukamoto "'"''"'"°"""`"'""`"""""'P"°"`""`
7 of 15 R 0.00 D 0.00 Weld County CO
•
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 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 the State of Colorado that the project
or a portion of the project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 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.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation(CDOT)Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "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.
9.4 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.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance 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.
9.8 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.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
111111111111111111111111 III 1111111 MUM UUM YLIL!„\\l.DI YI 0LI(MQ,Ill\IYNO�\GU,ised ,!
2946202 04/26/2002 11:12A JA Suki Tsukamoto
8 of 15 R 0.00 D 0.00 Weld County CO
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld
County Code,shall be dedicated to the County or the appropriate school district,for
one of the above purposes. Any area so dedicated shall be maintained by the
County or school district.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT:`/L ...,/
a;„7"--
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of S\ll , 20O
My Commission expires:
Nota Publi�
L\/t5/ Ot1
111111111111111111111111III1111111111111111111111II1111 �" PJ
2946202 R 0.0 04/26/2002 11:12A JA COukamoto • ' .. •-O4:m o'll,Es,WRSnl\rr MACRO X nIPRO%%GREY
9 of 15 R 0.00 D 0.00 Weld County C t SrAIE
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY LOR. O
Glenn Vaad, Chair/�
Day. Long, Chair Pr c em
ATTEST: Audi
A� 1 / 4✓ ,J
. William . Jerke
Weld County Clerk to is i__y_ dyfAl
9.0 'tatNene
twe
Deputy Clerk to the Bo Robert D. Masdea
APPROVED AS TO FORM:
County A tomey
111111111111111111111111 III 111111111111 MILD tin 2946202 04/26/2002 11:12A JA Suki Tsukamoto
10 of 15 R 0.00 D 0.00 Weld County CO
Hv'ixJ 0I iIS:On l
10 NI.N%PFII F.5\OE\DI\PI RIIUIt@♦DUIPIlI %URI!.
EXHIBIT"A"
Name of Subdivision P /,
or Planned Unit Development:Qan.tom ZnJJs/"' / �"- S�G./c.'n'.,.
Filing: ,o/;af_//i rr L 4,4 s M AID. 3 90
Location: NwVT/ .S.oi , on /2/ //w,- .444-
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)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street grading jf if
Street base 19 00 l$ e 9s//l /Z 75-o o
Street paving
Curbs, gutters, and culverts NA
Sidewalk .NA
Storm sewer facilities NA
Retention ponr/Ora.%n y....y; 9688 cy2 OWL a 3s9s2
Ditch improvements NA
Subsurface drainage NA
Sanitary sewers /Y4
Trunk and forced lines A./.4
Mains NA
Laterals(house connected) NA
On-site sewage facilities Af6
On-site water supply and storage A44
Water mains includes bore ' —8" 6"P✓G o tic in “.✓' 1I o
Fire hydrants o /i//✓O�. s�� n• ..rs
Survey and street monuments and boxes AfA
Street lighting A/A
Street name signs 0" Too
Fencing requirements NA
Landscaping 3 coo
Park improvements "</ARoadculvert@lt 663••0 *> 3 as,or/000ro tZ/oeso
Grass lined swale /i,/e/%n 4.✓srr;.1> NA
Telephone - /t/A
Gash
Electric .;,' D�
•.10.: • /Y/Isc Ski.3 : Lvr,'.lLo�u�f(i`jy�Rp/L/fi%log r 040Ah
SUB-TOTAL:
Engineering and Supervision Costs$ /S3'y(o (Sy o j--S-6%o 44/)
(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 $ . a 2-1 2-SS
111111111111111111111111 III 111111111111 III IRE III IIII
B..sa 01/08/200I
2946202 04/26/2002 11:12A JA Suki Tsukamoto M,CTB\CTBFORMS\APRIVATE
11 of 15 R 0.00 0 0.00 Weld County CO
•
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
•
By:
Applicant
Applicant
Date: t CP cv-ee-9 , 20 ca— .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1 111111 1111 1111111 141 III 1111 11111 III 111111 111
t it l
2946202
R20.0002 D 00012A JA Suki amoto
Weld County CO
RC%iNe,101;11X:•0111
I'FlI.ISVENDI'ATNIX'HOADINIPNO\'AGHE.E
•
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: Pent.",m x'. A's I r le ! /.
/C o
Filing: /i'�n%pe;i r h-5I .sAA /✓o- 390
Location: Nu' %YJ S e. '� on /2, 77/v, ,4 6 8
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 O u e(7)years from the date of approval of the final plat.
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 a)/t 10. 2
Street base
Street paving
Curbs, gutters, and culverts NA
Sidewalk NA
Storm sewer facilities ,VA
Retention ponds it a y) Zoo Z
Ditch improvements hA
Subsurface drainage NA
Sanitary sewers NA
Trunk and forced lines /VA
Mains NA
Laterals(house connected) NA A
On-site sewage facilities MI% 2... Z lb r• Col.ei'//w.f w/so;IAA
On-site water supply and storage NA fler.-
Water mains 4,..yl 20.2 ores*;we 1.10,41 (.19J,i
Fire hydrants /key t zo s a " '' Aft A-0-
Survey Survey and street monuments and boxes NA
Street lighting �rA
Street name signs M�/ looz-
Fencing requirements
Landscaping Mc'I' 70.2
Park improvements NA
Road culvert /311 y/ zoos
Grass lined swale /1/A
Telephone N
Gas °y ba/tio.,L4
. r 'f.Pl
Electric fr...y// ?on-
Water Transfer
SUB-TOTAL:
111111111111111111 11111 III 1111111 IM III 111111 r.ude N&t00
2946202 04/26/2002 11:12A JA Suki Tsukamoto p1:CTB CTBiO Revised
evie\APRIVATE
13 of 15 R 0.00 D 0.00 Weld County CO
,I
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
By: en-s v%otn�
Applicant
Applicant
Date: $ CA,-) • . 20 01. .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
AIM 11111 1111111 11111 HIM III 111111 III 1111
2946202 04/26/2002 11:12A JA Suki Tsukamoto
14 of 15 R 0.00 D 0.00 Weld County CO
Itnise l III Oa:2001
`� aI:\W I`EI I.ES\UENIII\I'I RL IC RI):\I)I>IPRO\\C RE I:
Temporary Easement Agreement
The undersigned grantor,Rolinda Colorado Company,Ltd.,whose address is 6090 Akron Avenue, Canal Fulton,
Ohio 44614,for and in consideration of Ten Dollars($10)and other good and valuable consideration,do hereby
grant and convey to Weld County, Colorado and/or the City of Dacono,Colorado a temporary roadway easement
for purposes of public use and emergency vehicle access and turn-around. Said easement shall be adjacent to
platted Panoram Circle,within the Panoram Industrial Park Subdivision,Reception No. 1879792 of the records of
Weld County, Colorado and is more particularly described in Exhibit A,attached hereto and by this reference made
a part hereof. See attached Exhibit A,Page 1 and 2.
Grantor shall construct and pave a temporary turn-around within said easement consistent with that Improvements
Agreement executed by the grantor and the Board of County Commissioners,Weld County(Reception No.
).
Grantee shall have the use and enjoyment of the easement area for roadway and public access until such time as
platted Panoram Circle is completed in its entirety,available for public use,and accepted by Weld County and/or
the City of Dacono. Said easement shall become null and void coincident with that acceptance event.
The rights,conditions and provisions of this easement shall insure to the benefit and be binding upon the heirs,
executors,administrators,successors and assigns of the respective parties hereto.
Any claim,controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with
the applicable rules of the American Arbitration Association,and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county
where the property is located.
Date thisato day of YC4. ,20 0 7_ .
Rolinda Colorado Company,Ltd.
BYi ,( .may/
Its
4
[SEAL]
Attest
Secretary of Corporation I IIIIII VIII IIIIIII VIII III Hill VIII III EllH " "I(Corporate Acknowledgement) 294620204/26/20021Sukt u
15 of 15 R 0.00 D 0.00 Weld County CO
STATE OF COLORADO )
(.12._
^ (� )ss
`t&COUNTY OF \-tsn )
Thejoregoing instrument was acknowledged before me this C) day of Vein 20O S by
!-CaqnC, of ��1NO P` CS W&LPr4o co; (az a
p*O corporation,on behalf of the corporation.
[SEAL]
otary Pub4J
My commission expires: \OS-451/4.\ _
_ ....••r
Drexel Barrell&co.
EXHIBIT A
EnRineers/Survcyors Page 1 of 2
Boulder, October 26 , 2001
Colorado Springs,
Greeley
4840 Pearl East Circle A description of a temporary turn-around easement
Suimtll4 located in Lot 7, Block 2 , PANORAM, INDUSTRIAL PARK
Boulder,Colorado 80301.2475 SUBDIVISION, for Leeburg & Associates .
3034:t24338
303 442 4373 Fax
JxllAT. nr9CRIPTToN
A strip of land located in Lot 7, Block 2 , PANORAM INDUSTRIAL PARK
SUBDIVISION, a Subdivision recorded at Reception No. 1879792 of the
records of Weld County, Colorado, described as follows :
Commencing at the most Easterly Corner of said Lot 7, thence
S34°04 ' 27"W, 95 . 32 feet along the Southerly line of said Lot 7 to
a point of curve to the right; thence Southwesterly. 108 . 61 feet
along the Southerly line of said Lot 7 and along the arc of said
curve to the 7'RTT'F' POTNT OP RPC;TNNTNr, said arc having a radius of
170 . 00 feet, a central angle of 36°36 ' 23" and being subtended by a
chord that bears 552°22 ' 39"W, 106 . 78 feet;
Thence Northwesterly, 16 . 96 feet along the arc of a curve concave
to the Northeast to a point of reverse curve, said arc having a
radius of 14 . 00 feet , a central angle of 69°23 ' 55" and being
subtended by a chord that bears N44°51 ' 18 "W, 15 . 94 feet ;
Thence Westerly, 173 . 65 feet along the arc of said reverse curve to
a point tangent, said arc having a radius of 66 . 00 feet, a central
angle of 150°45 ' 09" and being subtended by a chord that bears
N85°31 ' 55"W, 127 . 72 feet ;
Thence S19°05 ' 31"W, 11 .55 feet to the Southerly line of said Lot 7;
(K. Albers - EW-1165 - 5401L. KSA)
EXHIBIT A
• Page 2 of 2
Legal Description (cont . ) October 26, 2001 Page 2
Thence S70°54 ' 29"E, 32 . 29 feet along the southerly line of said Lot
7 to a point of curve to the left ;
Thence Easterly, 113 . 70 feet along the Southerly line of said Lot
7 and along the arc of said curve to the TRUE POINT OF WRfTNNTNf,
said arc having a radius of 170 . 00 feet, a central angle of
36°24 ' 41 " and being subtended by a chord that bears N89°53 ' 11"E,
111 .85 feet .
Legal Description Prepared By:
Kent S . Albers
Drexel, Harrell & Co.
4840 Pearl East Circle, Suite 114
Boulder, CO 80301-2475
(303) 442-4338
(K. Albers - EW-1165 - 5407L.KSA)
DUPLICATE ORIGINAL
Performance Ohio Farmers Insurance Co.
Bond Westfield Companies
Westfield Center, Ohio 44251-5001
Bond No. 5877623
KNOW ALL MEN BY THESE PRESENTS:
That Rolinda Colorado Co., Ltd., P.O. Box 691, Canal Fulton, OH 44614
(Insert name and address,or legal title,of contractor)
as Principal, hereinafter called Contractor, and OHIO FARMERS INSURANCE COMPANY, an Ohio Corporation, with
principal office at Westfield Center, Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto
Board of County Commissioners, Weld County, Colorado
(Insert name and address,or legal title,of owner)
as Obligee, hereinafter called Owner in the amount of Three Hundred Fifty Thousand and no/100---------
Dollars ($ 350,000.00**********)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated January 8,2002
entered into a Contract with Owner for roadway. drainage, and utility work associated with SPR No. 340
in accordance with drawings and specifications prepared by Drexel Barrell & Company, Engineers/Surveyors
(Insert full name and title)
which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligation
thereunder,the Surety may promptly remedy the default,or shall promptly
(l) Complete the Contract in accordance with its terms and conditions,or
(2) Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,and upon
determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available
as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged
under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs
and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract
price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,
less the amount properly paid by Owner of Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which Contractor ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of Owner.
Signed this 7th day of January , 2002
Rolinda Colorado Co. , Ltd.
Principal
By: X/h7de
OHIO FA RS INSU elyt
By:
Davi A. Coil, Attorney-in-Fact
BD 5047-L(9-91)
Financial
Statement Ohio Farmers Insurance Co .
December 31, 2000 Westfield Center, Ohio 44251-5001
(in thousands)
ASSETS
Cash $ 8,030
Bonds 307,361
Stocks, Unaffiliated 114,121
Stocks,Affiliated:
Westfield Insurance Company 360,898
Westfield National Insurance Company 96,276
Beacon Insurance Company of America 25,796
American Select Insurance Company 31,686
Old Guard Insurance Company 31,728
Old Guard Fire Insurance Company 11,828
First Patriot Insurance Company 4,175
First Delaware Insurance Company 3,218
Non-Insurance Subsidiaries 24,540
Real Estate 55,774
Agents'Balances and Uncollected Premiums, Net 89,790
Interest and Dividends Accrued 3,643
Other Admitted and Intangible Assets 30,846
Total Admitted Assets $1,199,712
LIABILITIES
Reserve for Unearned Premiums $ 132,378
Reserve for Unpaid Losses and Loss Expenses 225,701
Reserve for Taxes and Other Liabilities 165,430
Total Liabilities 523,509
SURPLUS
Surplus 676,203
Total Surplus 676,203
Total Liabilities& Surplus $1,199,712
State of Ohio
ss:
County of Medina
The undersigned, being duly sworn, says: That he is Senior Executive - Fidelity & Surety Operations of Ohio
Farmers Insurance Company, Westfield Center, Ohio; that said Company is a corporation duly organized,
existing and engaged in business as a Surety Company by virtue of the Laws of the State of Ohio and
authorized to do business in the State of Ohio and has duly complied with all
the requirements of the laws of said State applicable to said Company and is duly qualified to act as Surety
under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act
of Congress approved July 1947, 6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the
above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st
day of December, 2000.
Attest:
91(1 77#,82/06(der. ciFla (f404, . — ;3/4
itoireitst
John T. H. Batchelder Richard L. Kinnaird, Jr.
Corporate Secretary & Counsel Senior Executive % ., leas •
Fidelity &Surety Operations \ .. ,7
Sworn to before me this 14th day of February, A.D., 2001. 0.;:::N
My Commission Does Not Expire / �t �pq
''
Sec. 147.03 Ohio Revised Code �t✓vlQ �IQ r
William J. K Cr elfin ° "9 thI
Attorney at Law rt or o„•;
BD 5402 B Notary Public—State of Ohio
CERTIFICATE OF COMPLIANCE Ohio Department of Insurance
07/01/2001
THIS IS TO CERTIFY,THAT -
OHIO FARMERS-INSURANCE COMPANY
CITY OF WESTFIELD CNTR
Expires 06/30/2002
STATE OF OHIO
NAIC No. 24104
is organized under the laws of the state and is authorized to issue policies and transact business under the following sections of the Ohio
Revised Code:
Section 3929.01 (A) - Accident&Health
Section 3929.01(A) - Aircraft
Section 3929.01(A) - Allied Lines
Section 3929.01(A) - Boiler&Machinery
Section 3929.01(A) - Burglary&Theft
Section 3929.01(A) - Collectively Renewable A&H
Section 3929.01(A) - Commercial Auto-Liability
Section 3929.01(A) - Commercial Auto-No Fault
Section 3929.01(A) - Commercial Auto-Phys.Damage
Section 3929.01(A) - Credit Accident&Health
Section 3929.01(A) - Earthquake
Section 3929.01(A) - Fidelity
Section 3929.01(A) - Financial Guaranty
Section 3929.01(A) - Fire
Section 3929.01(A) - Glass
Section 3929.01(A) - Group Accident&Health
Section 3929.01(A) - Guaranteed Renewable A&H
- Section 3929.01(A) - Inland Marine
Section 3929.01(A) - Medical Malpractice
Section 3929.01 (A) - Multiple Peril-Commercial
Section 3929.01(A) - Multiple Peril-Farmowners
Section 3929.01(A) - Multiple Peril-Homeowners
Section 3929.01(A) -Noncancellable A&H
Section 3929.01(A) -Nonrenew-State Reasons(A&H)
Seaton 3929.01(A) - Ocean Marine
Section 3929.01(A) - Other Accident only
Section 3929.01(A) - Other Liability
Section 3929.01(A) - Private Passenger Auto-Liab.
Section 3929.01(A) - Private Passenger Auto Other
Section 3929.01(A) - Private Passenger-Phys Damage
Section 3929.01(A) - Surety
Section 3929.01(A) - Workers Compensation
cs,
• � I• Director of Insurance
I hereby certify that this is a true
and exact copy. Signed this 12th
day of June, 2001 .
Zfeatchel
/ .� lDtr�t-lo/
r, Corporate Secretary
POWER NO. 3401722 03
General
Power
of Attorney Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of
the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint
BRUCE HUMMEL, BRIAN HUMMEL, DUANE GERBER,VAUGHN TROYER, DAVID COIL, LILLIAN KAUFFMAN, LORI WRIGHT,
THOMAS YODER, JOINTLY OR SEVERALLY
of BERLIN and State of OH its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance
Company:
Be It Resolved,that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
"Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,
to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such
instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Corporate Secretary." (Adopted at a meeting held on the 3rd day of July, 1957.)
"Be It Resolved,that the power and authority to appoint Attorney(s)-in-Fact granted to certain officers by a resolution of this Board on the
3rd day of July, 1957, is hereby also granted to any Assistant Vice-President." (Adopted at a meeting held on the 13th day of July, 1976.)
This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Ohio Farmers Insurance Company at a meeting duly called and held on the 9th day of June, 1970:
"Be It Resolved, that the signature of any authorized officer and the seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
In Witness Whereof,OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate
seal to be hereto affixed this 11th day of DECEMBER A.D.,2000 .
Corporate ' { •,...•••..,., OHIO FARMERS INSURANCE COMPANY (� laSeal "�
Affixed set 4i:• 1848 •State of Ohio • •;•-• - or
County of Medina ss.: �., s Richard L Kinnaird, Jr. Vice President
1..........,«••'
On this 11th day of DECEMBER A.D.,2000 , before me personally came Richard L. Kinnaird, Jr.,to me known, who, being by me duly
sworn,did depose and say,that he resides in Medina, Ohio;that he is Vice President of OHIO FARMERS INSURANCE COMPANY,the company
described in and which executed the above instrument; that he knows the seal of said Company; 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 Company;and that he signed his name thereto by like order.
Notarialc� .�.A ,`Seal rz3/4.1....)S �CJ�M...O - \. �k t/t
Affixed l�% James M. Walker Notary Public
State of Ohio v � My Commission Does Not Expire
County of Medina ss.: Sec. 147.03 Ohio Revised Code
a•�E OF.."°�+
CERTIFICATE
I, Richard A. Wallet,Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY,do hereby certify that the above and foregoing is
a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions
of the Board of Directors,set out in the Power of Attorney are in full force and effect.
in Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this 7th day of
January A"D., 2002 _ • /{J,///� / /Iy//J Walk—
i....1
ERfe a
:• 1848 -fir Richard A. Wallet Assistant Secretary
13/44***-..:tn.,••
, ar
BPOAO2 (03-99)
MAR-0I-U2 FRI 10 :53 AM WELD C^"NTY PUBLIC WKS7 FAX:9703046497 PAGE 1 lS
I IS4C MEMORANDUM
`Ng• TO'. Robert Anderson DATE: December 10, 2001
Long Range Planner
e.
FROM: Donald Carroll, Engineering Administrator ti'!
COLORADO SUBJECT: SPR-340; Firebaugh Precast, Inc., Phase A
The applicant has submitted an Improvements Agreement According to Policy Regarding
Collateral for Improvements. (Public road maintenance.)
Utilizing the plat drawing, verifying quantities, and unit costs, the Weld County Public
Works Department recommends acceptance the Exhibit A portion of the transportation
section of the Improvements Agreement.
Also submitted was an easement for a temporary turnaround and an easement for the drainag and n pond that was required by the Dac noe BothrAgreements need to bemprovements of the texecuted with signatures and recorded. Town of
The Weld County Public Works Department recommends approval of the Improvements
Agreement (Phase A) and the two easement documents associated with the case.
pc: SPR-340
M-\W PFI LES\DON-c\plan-spr3.wpd
cf,\. CLERK TO THE BOARD
PHONE(970)336-7215, Ext.4225
FAX: (970)352-0242
' P.O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 24, 2009
OHIO FARMERS INSURANCE COMPANY
1 PARK CIRCLE
WESTFIELD CENTER, OHIO 44251
RE: Performance Bond #5877623 for Rolinda Colorado Co., Ltd.
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 Performance Bond.
As you are aware, on the 7th day of January, 2002, Ohio Farmers Insurance company issued a
Performance Bond on behalf of Rolinda Colorado Company, Ltd., naming the Board of County
Commissioners of Weld County as beneficiary. The dollar amount of the Performance Bond was
established at Three Hundred Fifty Thousand and no/100($350,000.00).
The terms of the Performance Bond require that it be maintained by your institution until the expiration
of two(2)years from the date on which Contractor ceases work on the Contract.
If you have any questions regarding this letter or your obligations under the Performance Bond, or if you
disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.
4227, or e-mail me at dbechler@co.weld.co.us.
Very truly your ,
U r /c , . ern pct
/� k' Ca? 7 A9
Donald D. Warden ��zi, -��
Clerk to the Board 331)- a'e 7 - Ll)‘ 7
By. > c GAF . (3 K.
eputy Cler)y o the Board V
pc Rolinda Colorado Company Ltd./Firebaugh Precast, Inc
/5f7
9c -(a!/
U.S. Postal Service,,,,
o
CERTIFIED MAIL RECEIPT
in (Domestic Mail Only;No Insurance Coverage Provided)
ru
F•r •elivery iot•rmati•n visit ur we•site at www us s c
ru
to Postage $ ,^1 Certified Fee Of
C �W p Po o ostmark n
CI C Return Receipt Fee / Here `f
(Endorsement Required) er
CI
Restricted Delivery Fee ii,tv --
I J 1 (Endorsement Required)
rR
Total Postage&Fees $
rn
O Sent 1-c, , Y
C 4 i1 o tj r'r)1ttc'-(1511122iI 'L...��D
M1 orrPe,Apt.N. / 4r*'.C r .
or AptBox No.
GN, 1tie.ZI• !rT't
}S ' 0 See Reverse for Instructions
PS Form 3800,June 2002
SENDER: COMPLETE THIS SECTION
((won't TL THIS SECTION ON Of LIVERY
• Complete Items 1,2,and 3.Also complete A. Signature i N. - BrN
Rem 4 if Restricted Delivery is desired. 9�"
• Print your name and address on the reverse B. sic-\ L tad N i } '
so that we can return the card to you. c...
iery
■ Attach this card to the back of the mailpiece, U3 r~,d-�
or on the front if space permits. D Is delivery address dm 1? �Z"'
1. Article Addressed to: If YES,enter delivery add ;47
Ciro kr4iers,/vrraneed c
,
r
fin; p�y(1/4--/ ' arr" — " 3. Service Type
�j/)/� . �'f.ertifled Mall ❑Express Mail
WW 'e/dCerr r, £64'1' 5/ ❑Registered 4G-Ra[Dtn Receipt for.Merchandise
0 Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1820 0 03 5225 20 0
(Transfer from service label) 7005
510
PS Form 3811,February 2004 Domestic Return Receipt
Hello