HomeMy WebLinkAbout20030026.tiff 683
RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR COALBANK
CREST PLANNED UNIT DEVELOPMENT, S #541 -JAMES AND BONNIE BATES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated August 31, 2000, the Board approved the application
of James and Bonnie Bates, 36961 Weld County Road 31, Eaton, Colorado 80615, for a
Planned Unit Development Final Plan, S #541, on the following described real estate, to wit:
Lot B of Amended Recorded Exemption #2279;
being part of the NE1/4 of Section 3, Township 7
North, Range 66 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, on September 11, 2000, the Board of County Commissioners of Weld
County, Colorado, approved an Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance) for Coalbank Crest Planned Unit
Development, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and James and Bonnie Bates with terms and
conditions being as stated in said agreement, and accept Public Improvements Bond
#19SB103368949BCA from Travelers Casualty and Surety Company, Hartford, Connecticut
06183, in the amount of$104,000.00, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection and recommends release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Public Improvements Bond #19SB103368949BCA, from
Travelers Casualty and Surety Company, Hartford, Connecticut 06183, in the amount of
$104,000.00, be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to return said collateral to the appropriate issuing party.
111111 11111 1111111 111111111 11111 11111II111111II IIIIII
3026583 01/24/2003 12:58P Weld County, CO 2003-0026
1 0l 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PL1403
CANCEL COLLATERAL - JAMES AND BONNIE BATES (S #541)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLO DO
ATTEST: Li,
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Weld County Clerk to the Board
‘41"_Y
` Robert D. Mas en, Pro- em BY: Deputy Clerk to the Bbydr,.'./ ;` � EXCUSED
= M. J. Geile
AP DAST
William H. Jerke
my Attorney 1 / 4 , A1:41.4/
Glenn Vaad
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Date of signature: �'
1111111 IIIII 111111 lilt 11111111111 IIIII III 11111 III HI
3026583 01/2412003 12:58? Weld County, CO 2003-0026
PL1403
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk:Recorder
•
Weld Corm
4'P
rR££(f nn,/ng DePartmept
MEMORANDUM LEFL- 1
C 6 2002
' TO: Kim Ogle, Planner III DATE: December �12, 2`t
• FROM: Donald Carroll, Engineering Administrator
COLORADO
SUBJECT: S-541, Bates (Coalbank Crest)
Final Release of Collateral
Public Road Maintenance
Travelers Casualty and Surety Company sent a construction status form inquiring about the
release of collateral on Coalbank Crest. On December 10, 2002, I performed a final inspection
of the transportation items identified in Exhibit "A" of the Improvements Agreement. There is no
distress, and repairs are not needed.
I recommend that the transportation portion collateral is released and that Coalbank Road is
placed on the County's system for full maintenance.
Fifteen percent was retained ($4,350) for a period of one year as per my memo dated
November 8, 2001.
All other non-transportation items shall be verified by Planning Services prior to release of any
collateral. .
pc: S-441
Carol Harding, CTB
m:/planning/S-23.doc
Travelers'ilk) CONTRACT STATUS REPORT
November 22, 2002
7600 East Orchard Rd., Suite 330N
GREENWOOD VILLAGE, CO 80111
(303)740-1661
(303)740-1659
Weld County
915 10th Street
GREELEY, COLORADO 80631
Ladies/Gentlemen:
Contract Bond No.: 103368949 Principal: James H. & Bonnie L. Bates
Obligee: Weld County
According to our records the above captioned contractor has been engaged to perform the following contract:
Subdivision Bond for Coalbank Crest, First Filing,Located 6110 Mile North of the Intersection of WCR 74 and
31.
Contract Amount$104,000
We would appreciate it if you would provide answers to the following questions pertaining to this contact.
Has the contract been completed? O Yes VC'
If so, please provide the final contract price: $
If not, please provide: Current Contract Price: $ / ��
Probable date of completion: C/�
Amount of payments to date: $
Please provide any additional comments you may have on the reverse side.
It is understood that the information contained herein is furnished for the confidential use of Travelers Casualty
and Surety Company of America and is merely an expression of opinion.
Please sign below and return this letter in the enclosed stamped, self-addressed envelope or return by facsimile to
the above number.
Thank you for your cooperation.
Owner/Contractor: Weld County
By:
Title:
Date:
5-2409(7-97)
MEMORANDUM
Wi`Pe. TO: Board of County Commissioners
COLORADO DATE: November 14, 2001
FROM: Kim Ogle, Planner III 'tO
SUBJECT: Release of Surety Bond
Coalbank Crest PUD
Case Number S-541
Jim Bates, applicant
On October 31, 2001 the Department of Planning Services received a letter from Mr. Bates
requesting the release of collateral for Coalbank Crest PUD described as Lot B of AmRE-2279,
being part of the NE4 of Section 33, Township 7 North, Range 66 West, located West of and
adjacent to Weld County Road 31 and south of Weld County Road 76.
The improvements are as follows:
Street grading $ 3,000.00
Street base 7,000.00
Street paving 29,000.00
Curbs, gutter & culverts 1,000.00
Water mains 17,000.00
Fire hydrants 5,000.00
Survey 1,000.00
Street name signs 1,000.00
Fencing requirements 2,000.00
Landscaping 1,000.00
Gas 8,000.00
Electric 8,000.00
Water transfer 17,000.00
Engineering & Supervision costs 4,000.00
On November 2, 2001, the Department of Planning Services preformed a site investigation of
the completed improvements for Coalbank Crest PUD at the request of Jim Bates, the
applicant. The completed improvements for which a draw is being requested includes the non-
transportation and the transportation items.
Don Carroll of Weld County Department of Public Works has inspected the transportation
related items, and in his memorandum of November 9, 2001, indicates he has no conflict with
the release of funds.
The Department of Planning Services' in their memorandum of November 2, 2001 recommends
the withholding of the improvements collateral until the fencing and landscape items have been
installed.
Lee Morrison, Assistant County Attorney, has advised that the release of funds would be in
accordance with the terms of the Improvements Agreement.
The Departments of Public Works and Department of Planning Services' has indicated that it is
stated in Improvements Agreement item numbers 8.1.5 and 8.1.6, that fifteen (15) percent of
the asphalt pavement item for on-site improvements shall be retained for a period of one year.
At the end of the one year if no distress or repairs are needed to the asphalt, the fifteen (15)
percent collateral shall be released. Monies required for replacement collateral shall be four
thousand three hundred fifty and no/100s ($4,350.00) dollars.
The Weld County Department of Public Works recommends the 15% collateral be retained for
the appropriate guarantee period. All other transportation items can be released as they have
been completed.
The Department of Planning Services' recommends the withholding of monies associated with
the fencing and landscape improvements be retained for a period of one year. At the end of the
one year if no replacement of plant material, including the fencing on site are needed to the
site, the collateral shall be released. Monies required for collateral shall be three thousand
dollars ($ 3000.00).
Therefore, the Department of Planning Services and Department of Public Works recommend
that one hundred four thousand dollars and no/100s ($ 104,000.00), be released. Staff's
recommendation is to release the collateral, in the form of a Surety Bond (Travelers Casualty
and Surety Company bond #19SB103368949BCA). This release is conditioned on the posting
of the warranty collateral by the applicant.
In a letter dated November 13, 2001, Mr. Bates requested that the current collateral in the form
of a Surety Bond be rolled over to cover one additional year on the advice of his bond agent.
Weld County Planning Dept.
November 13, 2001 ;,w ; LOrik
r.
To: Department Of Planning Services E C E %V E D
1555 N 17th Avenue
Greeley, CO 80631
From: Jim Bates
36961 WCR 31
Eaton, CO 80615
Subject: Improvements collateral
I have previously requested a release of collateral for the improvements
associated with Coalbank Crest Planned Unit Development. You advised me
that I needed to provide replacement collateral in the amount of $7,350 for the
next year. I have reviewed this with my bond agent and I now request that the
current collateral (Travelers Casualty and Surety Company bond
#19B103368949BCA) be rolled over to cover next year. I will request final
release of collateral in November, 2002.
You can contact me at 970-454-2067 if there are any questions or concerns.
150 jolipm
i MEMORANDUM
CTO: Kim Ogle, Planner III DATE: November 8, 2001
•
COLORADO FROM: Donald Carroll, Engineering Administrator t^
SUBJECT: S-541; Bates (Coalbank Crest)
Request for Release of Collateral
I have received the letter from Jim Bates requesting the release of collateral for Coalbank Crest
PUD. I refer to my August 1, 2001, memo stating that I have visited the site and verified that the
transportation items were complete. In the Improvements Agreement, Item Nos. 8.1.5 and 8.1.6,
it states that 15% shall be retained for a period of one year. At the end of one year and if there is
no distress or repairs needed to the asphalt, the 15% collateral ($4,350) shall be released.
This item will be eligible for reinspection and release of collateral August 2002.
The Weld County Public Works Department recommends the 15% collateral be retained for the
appropriate guarantee period. All other transportation items can be released as they are
completed.
pc: Carol Harding, CTB
S-541 file
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October 29, 2001 `ogOept,
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To: Department Of planning Services \Net
d County
1555 N 17th Avenue .L�p�
Greeley, CO 80631 ry�E1‘1
CD
From: Jim Bates
36961 WCR 31
Eaton, CO 80615
Subject: Request for release of collateral
This request is regarding Coalbank Crest Planned Unit Development. A surety bond in
the amount of$104,000 was purchased from Flood & Peterson Insurance (Travelers
Casualty and Surety Company bond # 19SB103368949BCA) in association with the
improvements agreement for the development. Almost all of the items on the
improvements agreement have been completed. The only items remaining are the
fence on the north boundary and the planting of trees and shrubs on the open space
lot. The street and signs are complete and all the utilities have been installed and
checked.
You can contact me at 970-454-2067 if there are any questions or concerns.
•
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MEMORANDUM
August 1, 2001 TO: Julie Chester, Lead Planner DATE:�
FROM: Donald Carroll, Engineering Administrator i�
COLORADO SUBJECT: S-541, (PCoalbank Crest)
(Publictes (Maintained Roads)
On July 31, 2001, the final shouldering was completed on Coalbank Road, which completes the transportation
portion of the Improvements Agreement.
Weld
l grading,y Public
Works base,De and all but 15% the easgepartment a a recommends
thele of
item.transportation collateral for site grading,
street
In ear.At the end of one year and if no distress or repairs are needed be
to the asphalt,the 15%collateral($4, 50.00)
e
shall be released.
All other non-transportation items shall be verified by Planning Services prior to release.
Weld County Public Works Department is recommending acceptance of Coalbank Road,for partial maintenance
for the year, which consists of snow removal y. At the end one year, and if no distress or needed,rstWeld County Public Works will recommend Coalbank
f
Coalbank CestSubdivision be placed on the CountyrRoad
System for full Maintenance.
Planning Dept.
Yield County
RECEtV
pc: file
Drew Scheltinga, P.E.
Julie Chester
Dean Dreher
Scott Schreiber
Marc Street
Jeff Jerome
Carol Harding, CTB
planl7s.wpd
Travelers Casualty and Surety Company
Hartford CT 06183
PUBLIC IMPROVEMENTS BOND
Bond No. 19SB103368949BCA
KNOW ALL MEN BY THESE PRESENTS. That we. James H. and Bonnie L. Bates.
36961 WCR 31. Eaton. CO 80615. as Principal, and TRAVELERS CASUALTY
AND SURETY COMPANY, a corporation incorporated under the laws of the
State of Connecticut with its Home Office in the City of Hartford. Connecticut.
and authorized to do business in the State of Colorado, as Surety, are held and
firmly bound unto County of Weld. State of Colorado. acting through its Board
of County Commissioners, in the penal sum of One Hundred Four Thousand
and No/100 dollars ($104.000.00) for the payment of which we bind ourselves.
our heirs. executors and administrators. jointly and severally by these presents.
WHEREAS, the Principal has entered into an Agreement with the County of
Weld to furnish and install the Subdivision or Planned Unit Development
improvements listed on Exhibit "A" which is attached hereto for Coalbank Crest,
First Filing, Located 6/10 Mile North of the Intersection of WCR 74 and 31.
NOW THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH THAT
if the Principal shall complete all Improvements as set forth in the terms of
the aforementioned Agreement within one year then this obligation shall be
null and void; otherwise to remain in full force and effect.
SIGNED AND SE _ ust 31, 2000
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Arty 9' 11'. 1' Connie K. Boston. Attorney-i Fact
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Kathryn J. O'Shea, Connie K Boston, Donald B. Martin, Chris S. Richmond, Scott
Thomas,Margaret A. Meis,Darlene Krings,William C. Bensler,Kelly T. Urwiller,Russell J. Michels, Linda M. Nikolaeff,
Debra S. Morris, of Greeley,Colorado, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to
sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act,
any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to
the authority herein given,are hereby ratified and confirmed.
•
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: 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,of said officers recognizances,contracts of o Board of indemnity,
nit ,a ndd other y time writings ma obergatory in
any such
the nature of a bond,recognizance,or conditional undertaking, any
appointee and revoke the power given him or her.
VOTED: 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.
VOTED: 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.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: 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 upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(5-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President. and their corporate seals to be hereto affixed this t3lh day of June,2000.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
)SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD ��
�tY AM0 OASU�<
/f>a'te'\rry uyJ t .G9 O� ,r`
ter)
\ i HARTFORD, o e t9a1 o Y George W. Thompson
1 y coNN. n lk 1 ♦ 2 is
_irA �yi .�s� day • H`Aa Senior Vice President
On this 13th day of June, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMNGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof --
'. oAiJ., C. t7�n "
C; My commission expires June 30, 2001 Notary Public
1'1.1 • Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 31st day of
August , 2000.
Q
9Jn,.tY ANps GASU��•
4t Gt ct Gi._a1J L V / /"_W HARTFORD, Z I983t O Bl
icoNN, g . i Kori M. Johanson;yet ,.. dry * Fri Assistant Secretary, Bond
MEMORANDUM
WIiDcTO: Board of County Commissioners 2L 2• j
COLORADO DATE: December 19, 2002 -
FROM: Kim Ogle, Planner Ill Ye"
SUBJECT: Release of Surety Bond
Coalbank Crest PUD, S-541
Jim Bates, applicant
The Department of Planning Services was notified through the Department of Public Works of
an inquiry from the Travelers Casualty and Surety Company requesting the release of collateral
for Coalbank Crest PUD described as Lot B of AmRE-2279, being part of the NE4 of Section
33, Township 7 North, Range 66 West, located West of and adjacent to Weld County Road 31
and south of Weld County Road 76.
Don Carroll of Weld County Department of Public Works has inspected the transportation
related items, and in his memorandum of December 12, 2002, indicates he has no conflict with
the release of funds.
On December 19, 2002, the Department of Planning Services preformed a site investigation of
the completed improvements for Coalbank Crest PUD and recommends the release of monies
associated with the fencing and landscape improvements.
Given that all transportation and non-transportation items have been completed to the
satisfaction of the Departments of Public Works and Planning Services, it is recommended that
one hundred four thousand dollars and no/100s ($ 104,000.00), be released. Staff's
recommendation is to release the collateral, in the form of a Surety Bond (Travelers Casualty
and Surety Company bond #19SB103368949BCA).
2003-0026
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