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HomeMy WebLinkAbout20032058.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED SITE PLAN REVIEW, #158 -WESTERN OIL FIELD SUPPLY COMPANY, DBA RAIN FOR RENT, C/O LEFEVER BUILDING SYSTEMS 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 June 6, 2003, the Department of Planning Services staff approved an Amended Site Plan Review, #158, for Western Oil Field Supply Company, dba Rain for Rent, c/o Lefever Building Systems, 1692 North Denver Avenue, Fort Lupton, Colorado 80621, for an additional office, shop space, and storage building on the following described real estate, to-wit: Part of the NW1/4 NW1/4 of Section 32, Township 2 North, Range 66 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 (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Western Oil Field Supply Company, dba Rain for Rent, do Lefever Building Systems, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Payment Bond #929231200 from CNA Surety, in the amount of$5,937.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Payment Bond as stated above. 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 (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Western Oil Field supply Company, dba Rain for Rent, do Lefever Building Systems, be, and hereby is, approved. BE IT FURTHER RESOLVED that Payment Bond #929231200 from CNA Surety, in the amount of$5,937.00, be and hereby is, accepted. 2003-2058 PL1679 ('�' . aL; f t), ,OPEC ET76 IMPROVEMENTS AGREEMENT - WESTERN OIL FIELD SUPPLY COMPANY, C/O LEFEVER BUILDING SYSTEMS / RAIN FOR RENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D., 2003. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO ATTEST: MM4 vid E. Long, C air Weld County Clerk to the Board Robert D. sden, Pro-Tem B � �ty � �to the Board 1861 `� M. J. G ile AO F' : t-Z— /— o William H. Jerk bounty = ey �1 Glenn Vaad " J Date of signature: _e_-A-1. -(2_7 2003-2058 PL1679 4*9\ 441al MEMORANDUM WilkTo: Board of County Commissioners July 30, 2003 COLORADO From: Chris Gathman, Planner II C...DA. Subject: Acceptance of Collateral in the form of a bond for AMSPR-158 (Rain for Rent) On July 17, 2003 we received a bond in the amount of Five Thousand Nine Hundred Thirty Seven Dollars ($5,937.00) for Amended Site Plan Review 158 (Rain for Rent). To date the following on-Site improvements need to be completed: Landscaping estimate $ 5,937.00 Total Estimated Cost of Improvements and supervision $ 5,937.00 After review of the improvements agreement and bond by the Weld County Attorney, the Department of Public Works and the Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the work required for Amended Site Plan Review 158 (Rain for Rent), and the Department of Planning Services recommends acceptance of this bond. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2003-2058 06123/03 NON 10:40 FAX 303 857 4435 Rain For Ren`. ICJ 002 • • IMPROVEMENTS AGREEMENT ACCORDING TO 046 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this j y day of >0.-t,__,20 01,by and between the County of Weld,State ofColorado,acting through its Board of County Commissioners,hereinafter called"County," and WatretA OACa:e%As 5"PPIi Cs. 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/W '14 A/w it' 5«a %t ►Wp a WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat cf.aid property,to be known as A/V15PK ISR has beet suimibedto the County for approval,ancl WHEREAS,relevant Sections of the Weld County Code I rovide that o o Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Appl meant has submitted a Subdivision Improvement Agreement guaranteeing the constructionofthe public imprcvemerts shown onplans,plats and supporting documents of the Subdivision FinalPlat,PlannedUnitDevelopmeatFinal Plat,o r Sitelhw,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and"B"of this:agreement. NOW,THEREF0 RE,IN CONSIDERATION OF the foregoing ant of be acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engiocerine Services: Applicant shall furnish,at its owe expense,all t ngineering services in connection with the design and cons ruction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated.herein b y reference. 1.1 The required engineering serrices shall be performed by a Pr nfessional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards road criteria established by the County ft r public improvements. 1.2 The required engineering services shall consist of,but not M.lhnited t p,surveys,designs,plans and profiles, estimates, construction supervision, and the subnissiCn of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within tin Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract.Applicant shall famish one set of reproducible"as-built"ciawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction cf any imp rovements herein agreed upon, Applicant shall acquire,at its own expense,good and rr3rciert right.-of-way and easements on all lands and facilities traversect by the proposed improvements. 3.0 Construction: Applicant shall finish and install, at its owe expense, the Subdivision or Planned Unit 111111111111 IIII 111111111111 III 11111111 III 11111 IIII IIII 1 3098046 08/21/2003 11:32A Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0O/23/03 M0N 10:40 FAX 303 857 4435 Rain For Rent al 003 Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out it 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 my adjacent county, the Applicant shill be required to install improvements in accordance with the requirements and stands rds that would exist if the plat were developed within the corporate limits of that ccnmsmity. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned tint 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 tha- is re ryurd by the County;and shall furnish copies of test results to the County. 3.3 At all timer.during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work at Applicants :verse. Any material or work not conforming to the approvedplans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant nhall furnish proof that proper arrangements have be en runde for the instillation of sanittry sewer or septic systems,water,gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development i mprovement s shall be completed,according to-he terms of this Agreement,within the construction schedule ap eating 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 aAbject to the terms of Section 6 herein. 4.0 Release of Liabilitt^ 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,act us or claims of eettry nature and description caused by,arising from,or on account of said design and construction of impm"enients,and pay any and all judgments rendered against the County on account:of any such suit,action cr chin toge thin 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 scam of their enploytnettt All contractors and other employees engaged in construction of the inprovemens shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall oxerate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety an i health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County. Upon compliance nth the follow ng procedures by the Applicant,streets within a Subdivision or Planned Unit Development may oe approved by the County as public roads and will be maintained and repaired by a Homeowners Associttton or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 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"8,"but such use and operation shall not constitute an approval of said portions. • 111111111111IIII111111111111III11111111III11111IIII IIII 2 3098046 08/21/2003 11:32A Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 06/23/03 NON 10:41 FAX 303 857 4435 Rain For Rent IdJ004 • 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 of work on the Subdivision or Planned Unit Development improvements in that phase of the development ii satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant 6.3 Upon completion ofthe construction of streets within a Subdivisicmar Planned Unit Development and the filing of.r Statement of Substantial Compliance,the applicant(s)may request in.writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval,the County Engneer shall,upon request by the applicant,inspect the subject streets,and notify he 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 or she shall recommend full aaprovaL Upon a receipt of a positive • umqualifiedrecomnmendationfmmthe County Engineer for approval of streets within the development, the Board of County Commissioners.sball fully approve said steets as public but with private pay. • 7.0 General Requirement;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 Agra ement Prior to Final Plat approval, the applicant shall indirate 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 th a 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 at toma.tica)ly expire. Applicant may j request that the County extend the Final Plat approval provided he cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one C)veer afier he Finn °lat approval(not one vecer after acceptable collateral is submitted) unless the appllcan:Ys) ;egLests that this Agreement b_ renewed at least thirty/30)days prior to its expiration and fit ,arfnides that cost estimates for the remaining improvements are updated and collateral is pro aided in the amount of One-Hundred percent(100%)of the value of the improvements resnafaingtobworn l4. If improvements are not • completed and the agreement not renewed within these time fray res,the County,at its discretion,may make demand on all or a portion ofthe collateral and take steps 111 see that the improvements are made. 7.2 The applicant may choose to provide for a phased developmer t by mans of designating filings of a Planned Unit Development Final Plat or Subdivit ion Real Pit The applicant would need only to provide collateral for the improvements in each filing as approv xl. The County will place restrictions on those portions of the property that are not novenxl by collate:at NN itch still prohibit the conveyan.e of the property or the issuance of building perms until collate rah is provided or until improvements are in place and approved pursuant to the requirements for a P equcst far Release of Collateral 7.3 The applicant intends to develop in accordance•with Exhibits 'A" rid"3" 8.0 improvements Guam tom: The five type of collateral lis':ed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. • 8.1 An irrevocable Letter of Cask from a Federal or State lie msed financial institution on a form approved by Weld County. The latter of Credi:shall state at least the following: 8.1.1 The Letter of Credit shall be in an amoua:equivalent One-Hundred percent(100%)of the total value of the improvements as set forth in Sectio a 6.0 and Exhibits"A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon aka:nand to Weld County if the developer has not performed the obligations specified in the hrprovesanrs Agreement and the issuer 1 111111 11111 IIII 111111111111 III 11111111 III 111111111 IIII 3 3098046 08/21/2003 11:32A Weld County, CO 3 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 06/23/03 M0N 10:41 FAX 303 857 4435 Rain For Ren. 21005 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 uncompletedporder*of the:required improvements,based on inspections of the development by the issuer. In no rase shall disbursement for a general improvement item exceed the cost estimate in the lunmvements Agreement(i.e.,street, sewers,water mains and landscaping,eta.). 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 fret. Said letter shall stipulate that,in any event,the Letter of Credit wall remain in full fence 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. 8.2 Trust Deed upon all or some of the proposed development or ether rropedy acceptable to the Board of County Commissioners provided that the following are sub:nitteci: 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 Appraiser; (MAT.) indicating that the value of the • property encumbered in its current degree ofdevelopn tint issuf iicienttocoverOne-Hundred percent(100%)of the cost of the improvemernt;as set forth n rte Improvements Agreement plea 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 it;current state of development is sufficient to cove One-Hundred percent(100%)of the cost of the improvements as set forth in he Ingram nits 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 encumbracces. 8.2.4 A building permit hold shall be placed on the cambered property. 8.3 Escrow Asst that provides at least the following: 8.3.1 The cash in escrow is at least equal to Otte-Hundred percent(100%)of the amount specified in the Improvements Agreement 8.3.2 The escrow agent gsarantees that the escrowed fluids will be used for improvements as specified in the ageet!>aht and for no ether purpose;ad will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 111111111111 11111111111 11111 III 11111111 III 111111111 IIII 4 3098046 08/21/2003 11:32A Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 06/23/03 M0N 10:42 FAX 303 857 4435 Rain For Rent Z006 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,uponrequestby 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 anrmmt equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement 8.5 A cash denesit made with the County equivalent to One-Hundred pencil(100%)of the value of the improvements. 9.0 gamest 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 Subs tantial Compliance from an Engineer registered in Colorafa that the project or a portion of the project has been i completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-tots inspec ons 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 the project as per Colorado Department of Transportation Schedule for minimum materials sampling, =hug and inspections found in the Colorado Department of Transportation(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 msstbe submitted from the appropriate Fire At_therit)indicating the fire hydrants are in place in accordt.nce with the approved plans-The letter shall indicate if the fin hydrants arc operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 tiara 9.5 shall be noted en the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County,the applicant(s)may request re leas of the collateral for the project or portion of the project by the Board. This actioi will be taker ata regal arly 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 ft-ial approval by the Board of County Commissioners. 10.0 Public Sites and QnenSpaces: When the Board of County Commissioners,pursuant toarezoning,Subdirision or Planned Unit Development,requires the dedication development antler reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility eas orients of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions Mall be secured in accordance with one of 1111111 111 111111111 11111 III11111111111 11111 1111 1111 5 3098046 08/21/2003 11:32A Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 06/23/03 NON 10:42 FAX 303 857 4435 Rain For Rent a007 • the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations 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 according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area,the maintenance cfwhich shallbe 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 Connor in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 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 she 1 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 uponrecording.by the Count; shall be deemed acovenantrmming with the land herein described,and shall be binding upon le successors in ownership of said land. I \ • 1 111111 11111 IIII 1111111 IIIII III 11111111 III 111111111 IIII 3098046 08/21/2003 11:32A Weld County, CO 6 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 00/23/03 NON 10:43 FAX 303 857 4435 Rain For Rent Zoos IN WITNESS WUEflOF,the parties hereto have caused this Agreementt to be executed on the day and year first above written. APPLICANT: LA1L j(VW ✓I atE.1.O3 Sarni Co APPLICANT:_ TITLE: V l ('A.� ifat^'C • Subscribed and sworn to before me this/-I day of L 20 My Commission expires: Notary Public ( RUTH H.MYERS (n in�'t.: COMM.#1262252 aJ t50TARY PUBLIC•CALIFORNIA z .fin7 KERN COUNTY My Comm.Exp.May.19.2004 ATTEST: Marty! BOARD CF COUNTY CON MISSIONERS COUNTY,COLORADO �•�kto the Boarda oj (C `.� . tin8—O3 to the :oard APPROVED AS TO FORM: / • County Attorney -- • 11111111113 IIII 1111111 11111 III 3111111 III 3111 1111 1111 3098046 08/21/2003 11:32A Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7 08/23/03 M0N 10:43 FAX 303 857 4435 Rain For Rent 009 • EXHIBIT"A" Name of Subdivision A. .PR )S$ • or Planned Unit Development Fes: Location: WIN Ww'lq S L r ov. 2i -to? 6'" PM 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 Ouantity Ulll;; Unit Estimated Construction CQsts Site grading Streetgrading 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 j Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes• Street lighting Street Names • Fencing requirements �_r... -1471931., randscaping Park improvements _ Road culvert Grass lined swale Telephone Gas. Hectic Water transfer —� SUB-TOTAL: Engineering and Supervision Costs$ T C (Testing,inspection,as-built plans and work in addition to preliminary and final I lat;supervision of actual construction. by contractors) -Z TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ≤ ?S? The above improvements shall be constructed in accordance with all County regirements and specifications, and I11III 11111 ���� 1111111 III III 11111111 III 11111 'III IIII 3 3098046 08/21/2003 11:32A Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 08/23/03 NON 10:43 FAX 303 857 4435 Rain For Rent 010 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. L-Je3 crJ- / Dt I a.DO r s.1'/c.1 Applicant Scant \I 1 (ti ei-k'• S t o c$ Date: i �( _20 0 3 . Title (If corporation,to be signed by president and attested to by Secretary,together with corporate seal.) • • 1 11111 11111 IIII 111111111111 III 11111111 III IIIII IIII IIII 3098046 08/21/2003 11:32A Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9 .06/23/03 NON 10:43 FAX 303 857 4435 Rain For Rent Igj011 • EXHIBIT"B" • Name of Subdivision or Planned Unit Development 4N\S R. 1St Filing: Lot A tk NW,I{ SteXo� 32 T•.lp_al_- Retie LL 1/4,3 oc 644' P1'1- 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_ I years front 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:) Improvement Time for Conu>letiog Site grading _-- Street base • Street vaving Curbs.gutters.and culverts Sidewalk toms 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 stcraae Water mains --- Fire hydrants Survey and street monuments and boxes _. Street lighting —� Street name signs Fencing requirements Iandscav mg Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL; 11111111111IIII Min 11111 ��� 11111111111111111III1111 10 3098046 08/21/2003 11:32A Weld County, CO 10 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder .06/23/03 M0N 10:44 FAX 303 857 4435 Rain For Rent g1012 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: L4ESccr-r' Di Li(IEt4,) JP/1\J-) Co . Applicant A t e f+`- S 1/J Date: n 1 `l ,20 03 . Title (If corporation,to be signed by President and attested to by Secretary,together a itb corporate seal.)• • • I 111111 IIIII 11111111111 IIIII III 11111111 III 111111 III IIII 3098046 08/21/2003 11:32A Weld County, CO 11 11 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder JUL-30-2003 WED 09: 16 AM WELD CO GOVT FAX NO. 9703520242 P. 01 flot4r, MEMORANDUM wineTO: Lee Morrison 7/28/03 - COLORADO FROM: Chris Gathman e.".11, SUBJECT: Collateral for Amended Site Plan Review 158 * Attached is the collateral for Amended Site Plan Review 158. Is it is acceptable? OK /ID _ 7h()I °) Nat.. R To Cr9 ...... .... Co • V ?Pi P� h1 Lys Quo Y AY. Noa Co. h' Phan" Fat y 9KMVIC6,TDAAIWOAK,IW EGRITY,QUALITY .�y BOND NUMBER-929231200 Cala SURE I PREMIUM: $56 .00 Performance Bond KNOW ALL PERSONS BY THESE PRESENTS, That we WESTERN OILFIELDS SUPPLY COMPANY of BAKERSFIELD, CA cyll90 WESTERN SURETY COMPANY , hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto COUNTY OF WELD of GREELEY, CO 80632 , hereinafter referred to as the Obligee, in the sum of FIVE THOUSAND NINE HUNDRED THIRTY-SEVEN DOLLARS & 00/100 Dollars ( $\ 9 R 7 n o ), for the payment of which we bind ourselves, our legal representatives,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 14TH day of JULY, 2003 for DADAuzcE IANDSDAprmr mn DO S-TTE LANDSCkDING • NOW,THEREFORE, If the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise ft shell remain In full force and effect ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location In which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform Its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee, , SIGNED, SEALED AND DATED this 14TH day of JULY 2003 WesternOilfields Supply Co., dba Raintl Rent (Principal) Sr I (Sean Rob rt C.Lake Vic President WESTESURETY� CO C PAN) ^_•?tE1ii9 ' Attorney-In-fact SUR-105578-C Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Duane A Kerber, Gregory C Stone,Individually of Bakersfield,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof;duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of June,2003. • WESTERN SURETY COMPANY sic) trot a 1:17-17Doe Paul .Bruflat,Senior Vice President State of South Dakota ) 3 ss County of Minnehaha On this 2nd day of June,2003,before me personally came Paul T.Brufiat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ..••••••0000..••••...♦ •• D. KRELL November 30,2006 !•e NOTARY PUBLIC(! �v; `�'I �• SOVTH DAIOD'TA • (1 ♦.noon.w%%%%%% %%%%%M D.Krell,N Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 4TH day of JULY 2003 suety WESTERN SURETY COMPANY L.Nelson,Assistant Secretary Form F4280-01-02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "- err- State of California County of Kern . JULY 14 , 2003 before •me, owe 4MM � tie___ �� On NNE.TRW OFFICER-EL..VANE=EATS GREGORY C. STONE personally appeared - N OF t' apersonally known to me - OR - ❑ proved to me on the basis of satisfadory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- • Inowiedged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their 7 y jt y' DUCOMM.�SER ER w signature(s) on the instrument the person(s), A ; f N OUNTY 0), or the entity upon behalf of which the ccav o:. person(s) acted, executed the instrument. • SS my hand and official seal. eont � .1 OPTIONAL Though the data below is not required by law.It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OFAITACHED DOCUMENT ❑ INDIVIDUAL • ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) a GENERAL - ❑ ATTORNEY-IN-FACT • NUMBER OF PAGES • O TRUSTEE(S) ATOR ❑ omen: DATE OF DOCUMENT SIGNER IS REPRESENTINQ S (S)OTHER THAN NAMED ABOVE 01999 NATIONAL NOTARY ASSO MION•ens Rat Mm,PA Baa71M•Canoga PMG CA 9fa0&7194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Kern On July 15, 2003 before me, Ruth H. Myers, Notary, personally appeared Robert Lake personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 4+ RUTH H.MYERS COMM.#1262252 v NOTARY PUBLIC•CAUP0RNU ee' � ' KERN COUNTY n _My Comm Exp May.79.2004 RiA OPTIONAL Description of Attached Document Title or Type of Document CAN Surety Payment Bond Number 929231200 Document Date July 15, 2003 Number of Pages 1 Capacity Claimed by Signer Individual X Corporate Officer Title: Vice President Partner — Limited General Attorney-in-Fact Trustee Guardian or Conservator Other:: Signer is Representing: Rain for Rent 07/09/03 WED 08:56 FAX 303 857 4435 Rain For Rent IJ002 Jul 09 03 O5: 2Oa , 2 s Page No. ----—— Proposal JQp' Dhss' of f'a13es P.O Box 338789 �scn,wo Greeley, CO 80633 & Grounds Maintenance, Inc. 970-352-27'18 Commercial a Residential PROPOSAL SUBMITTE:0 TO "oN : 707-8;7713271;....."..7.6 v"'".,,.-- I TE:T"'-'"'" 3f13-R57 AU9 7-f4 )2 NAME: RAIN FOR RENT JOB NAME: - _ SHOP STREET. STREET: ~.._.._.•. _.--_ P.O.13OF.149 __ ___ 18,62 DENVER AVENUE Cm: STATE: 7JP: CITY: _�___.....--� S L18.: ZIP• FT.LUPTON CO 80621 FCLUPTON CO Euyt21 • We hereby submit specifications and estimates for. �- ROCK AREA 3O'X13O'WITH 6 PINES AND 11/2WYOMINIG RED DECORATIVE ROC:11:,AS FOLLOWS: -SITE AREA WILL BE PREPPED BY SITE OWNER FOR DESIRED GRADE AND FREie OF DEBRIS AND WEEDS -POLYSPUN WEED BARRIER FABRIC INSTALLED OVERLAPPING 12"ON SEAMS AND STAPLED EVERY 4' -A LAYER OF 7-3-OF 11/7 RED DE ORATIVE ROCK IMSTN I Fri OVER FABRIC.AI COLOR SAMPLE OF ROCK WILL BE PROVIDED PRIOR 11 INSTALLATION -INSTALL 6 el AUSTRIAN BLACK FINE TREES -OWNER WILL BE RESPONSIBLE FOR WATER SUPPLY TO TREE."a.UPON INSTALLATION PARADISE WILL 11IIATGR • IN TREES AS A ONE TIME NEED,THEREAFTER IT WILL BE OWNEFIS RESPonaleHI.rIY -INSTALL 160' 1/d"X4"STEEL EDGING WNINYL CAP STAKED EVERY 3' - -6 PINES $495 .3900 SO Fr FABRIC $1248 -160'EDGING $203 -DELIVERIES 4135 -SKID LOADER $160 -LABOR $1200 • -39 TON 112"WYOMING RED DECCTRATIVE ROCK $2496 We honey propose to furnish Mbar Bid nitwit• ��� :norm �'••���-•-•�••�complete M accOld;e3Ds IBNli iM shove.rpBdDcitm,kT rho:norm IIt FIVE'THOUSANDNINEHUNDREDTHI EN kiss (S .—§SOT.0A_.—..,_,. WM Fermi tobe made am*Man • • ALL NRIHUALS IS GUARANTEED TO BE AR SPB raALL WORN TO Be COMPUD'®W A WORDUNSI!SARI 1 ADOCE'OINO ED 1TI.IOAAD PRIILL'IICEBW PRoPoBAL FW"LUCns ESCORTING/ORNN not COtwow ARE ABBUSIWD.NC'FROST CR ROCK 16'P►A3 OR ISMFACE WATER F'ESO"AL 19 Male DHILRIENTIS CCNBDiRE9 THE ENTIRE AOREEMENTiF ERMA WORN OR MATN41 IS CRDFERIT U H161®Y W I3ERSIOOD 1TSATAN VORA CANS WY'IMXLNO OTANI AOR:3AMCDR'OW J.RE REOOONZED.UMLEBS IN votiOnSt A CHANGE ORDENRIS WREBBLET STFIAA1ID AND ADREID THAT THE UNDORBGN0 SHALL NOT BE HMO SOLE FOR ANY CX.WTIN iFNCEUOCCMcNED BYBTYLSIONTEi.MEP]NEIT.THE ACTS OF one CONNBACTORS oft ANY OTHER CAUSE BEYOND MB CONT R)LJT NJ ALSO SOPIAAIED AOA MO TNATANOU.*ASTMS OS BECOMEOVER DUE ACCEPTOR Wt.BE HOD LSE PDR AU.=LEMON COSTUMES NO WInS1'AT A RATE OF WE OF THE TOTS.N AOUNT OF TITS AGRersarr RER'MALL toostrY NO HOLD HARM S Mom Ate ASACeT ALL CLAOS,CAISE OP ACRONYM DPWORIN,RTY OR DEATH OF INIRDYs OR NSMLS WAS IM.RUn.Ow FIOI AIRCNWO our CT,0R BLOOENIB TO 1P4 FORK MITERED MONIST.Ba.UOKLO COOS ANDS AT1OnnNi POeS,F ANY.1lINI N T an SSA IRINAIL E EH NIOE CF IIGBPT;A MCNNNTI W.I.BE NPDE a AMY IMI•AIO SALAIICT!WAN ON all BOOKS ON THE UST DAY OF EACH NOMN.TKE FINANCE OWIGE IS COTS~ED By A'PERODIC RATEMP INTI NST NORRAOR A Iltea N CHARGE OF 180.001R!'MINCES UNDER EISSITNS!BAN NINUIL PERCHWARE RATE OR UR/PPM TO THE PREVIOUS BALANCE TOME'b®IR.'TING CIINREN1 eosi Sn MOOR CREDITS APPLIED CAIRCAO IHE NONTHYTE sHALL REPLAcE OILY TIMSTITIOST CHANUE ANY ME OR MOUE INcr PALS ID SWAIM SR PROW RAC RABE CATEPROTOING ons pROPOLT caw IS BY THE customs MD BIBPO:I®W CIBl11E PROM GUOTSfl DOES NOT COVER ANY SACS OR PLAN no CHARGES BAOI.AMII.W!SOAR PLNIIITIO CHARGES MIA in MADE FOR PIANING OF PteataaildENTSJLL WIARRAAITIES PISMO ODOUR C NTOMEIs FRO"MRACRNARE NAL NC var,B; IS ANY PAM OWE IM LANCE PAST E DAYS MOOR 11E ACCOUNT OOPS TD COLLECi1Ram Ear CMIORLMON FEE ON ASIOCAAM IN WRIORNMNB Fla THE Q11mu4T R rtwrTIr so NAT PLUOR MMRTEN NOTCE WILL M.9.'BR'CT TOA FACT OTTNER IRIL FEE OF wo.00 P RI A MYMEHTSOISOIRE FOR RUMBNO BNNEN5 OW®T TPMSAOIE LAMS*PIMA 1pf firms)RY DTI!NANNRNEKT. Authorized Signature:__ -•-•-- NOTE: This proposal maybe wilhdralnn try tai it ru t arx:tglt'Id within 10 days. Acceptance of Proposal • The above prices, specifications and conditions are satisfactory and are heraby accepted. Vail are authorized to do the work as specified. Payment will be made as outlined above. Accepted: j1 � SignaWrle: �� 1' �'f(�3K�_ Data: 1 t o 3 __ signer.: Cla SURETY BOND NUMBER: 929231200 PREMIUM: INCLUDED IN PERFORMANCE BOND Payment Bond KNOW ALL PERSONS BY THESE PRESENTS, That we WESTERN OILFIELDS SUPPLY COMPANY of -- WESTERN SUR TY COMPANY hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto COUNTY OF WELD of CRPPTPV CO 80639 , hereinafter referred to as the Obligee,in the sum of FIVE THOUSAND NINE HUNDRED THIRTY-SEVEN DOLLARS & 00/100 Dollars 05 .937 .00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 14TH day of JULY 200 3 for SITE LANDSCAPING TO BE DONE BY PARADISE LANDSCAPING copy of which contract Is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all pe saying labor and material In the prosecution of the work provided for In said contract, and any and all duly autltor mmood ons of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void;otherwise to remain in full force and effect No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract It being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so a6 to be equal to the minimum period of limitation pemdtted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof, is situated,and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED,SEALED AND DATED this 14TH day of JULY 2003 Western Oilfields Supply Co., dba RainSor:-stmt (Principal) By: (Seal) Robert C.Lake Vice President WESTERN SURETY C MPp,NY\` C REGO'w?TONE 3 Attorney-In-fact SUR-105579-EI Western Surety Company POWER OF-ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Duane A Kerber, Gregory C Stone,Individually of Bakersfield,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of June,2003. WESTERN SURETY COMPANY C;;) Paul .Bruit*,Senior Via President State of South Dakota 1 ss County of Minnnehalm 3 On this 2nd day of lune,2003,before me personally came Paul T.Brunet,to me known,who,being by me duly sworn,did depose and say that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrunent that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so.-. affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ++""` """i D. KRELL November30,2006 �/ 1SOUF[Y PUBLIC; `�'/ n _ BlN17H DAKOTA + �(\,l}(/,/[�.[/� D.Krell, Public CERTIFICATE I,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14TH day of JULY 2003 .40Th .. WESTERN SURETY COMPANY BEAo. 4. any L.Nelson, Fpm F4280-01-02 • CALIFORNIA ALL-PURPOSE ACiKNOWDGMEtiT State of California County of !" / JULY." 4 , 2003 before me, • Uaqut 1QI.9N k:B on NAME.mLEOFORIC N-EO.,aicooE IOURYMar GREGORY C. STONE �,- personally appeared ,w, � 3 • S.,personally known to me - OR - 0 proved to me on the basis of satisfadory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by. his/her/their - signature(s) on the Instrument the person(s), a s DUANE ALAN KERBERm or the entity upon behalf of which the m ,.-- IT .CAU MA m person® acted, executed the instrument. KERN COUNTY '. My Comm.E%p.Feb 14.2004 N • my hand and official s nernie. ark- a IIIREOFNOIMY OPTIONAL Though the data below is by law.It may prove valuable to persons relying on the document and cam prevent fraudulent reattachment of Ids tom. _ CAPACITY CLAIMED BY SIGNER DESCRIPTION DE ATTACHED DOCUMENT INDIVIDUAL - ❑ CORPORATE OFFICER TRLEOR TYPE OF DOCUMENT muss - ❑ PARTNER(S) 0 0 GENERAL ❑ AT/ORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) [] GUARDIAN/CONSERVATOR - • ❑ one DATE OF DOCUMENT sKi1asR IS f SIB(S)oTHEAiwsNAMEDABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Kern On July 15, 2003_ before me, Ruth H. Myers, Notary, personally appeared Robert Lake personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. leita,� ��" = RUTH H.MYERS tO COMM.#1262252 I lt� - •.P NOTARY PUBLIC•CALIFORNIA . �T KERN COUNTY !J m;. My Comm.Exp.May.19,2004 OPTIONAL Description of Attached Document Title or Type of Document CAN Surety Performance Bond Number 929231200 Document Date July 15, 2003 Number of Pages 1 Capacity Claimed by Signer Individual X Corporate Officer Title: Vice President Partner — Limited General Attorney-in-Fact Trustee Guardian or Conservator Other:: Signer is Representing: Rain for Rent res CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 WI I P. O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO June 26, 2009 Western Surety Company 101 South Phillips Avenue PO Box 5077 Sioux Falls, SD 57117-5077 RE: Performance Bond #929231200 for Western Oilfields Supply Company 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 14th day of July, 2003, Western Surety Company, issued a Performance Bond on behalf of Western Oilfields Supply Company naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Performance Bond was established at Five Thousand Nine Hundred Thirty-seven and no/100 ($5,937.00). The terms of the Performance Bond do not list a termination date. If the bond expires, you must replace it. 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 t�ur� Donald D. Warden Clerk to the Board it By: /I / 9 / Deputy Cler o the Board pc Western Oilfields Supply Company • • U.S. Postal Service,., CERTIFIED MAIL. RECEIPT CI (Domestic Mail Only;No Insurance Coverage Provided) ru F•r•elivery inf•rmati•n visit•ur we•site at www.us•s.c•Lri me {: I ,° ru ...... fll un Postage $ Ill Sallid p Certified Fee p Postmark 7 p em Receipt Fee - Hgr5 • (Endorsement Re /y ru odoRestrs meated Deliverye (C) ✓ (Endorsement Required) Fee on rl Total Postage 8 Fees rn p set M1 .sfe[rti Sure.4' eµ'.41241/21/ }-. O,Apt N/ �•..l.L; ' :21:41:a /'z T ri115v 77 or Pet Box No. Cir. �: ..ziP+4 ci —.5D SF.3OL June 2ri2 See everse for lnstructi•ns • SEN a E•: C•M'LETE THIS SECTIIN conr�ere rrus secn•N ON oeuvear • Complete Items 1,2,and 3.Also complete A. Signature 1p1/-�'E� item 4 if Restricted Delivery is desired. X ❑ • Print your name and address on the reverse so that we can return the card to you. B. Received by(minted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, UN 2 92009 or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No tots/ern &u rely C'ompQ 11 10/ 5 41.Y/,jOs ,4U t po $/'I7 5-077 3. Service Type Cl �/" may, �/ ❑Registered eradifred Nl �'r�um ExprMaiess for Merchandise Ov/Dux �Q/�� �D .77//�i.Jv7/ ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 2055 (Transfer from service lebep PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-154O • Weill; _c4RDil 'O 4225 o O�� o :0242 III i OryWrn X 756 IOz °O 0a50632 eli 7U % - e01CO+. luCOLORADo �� o z t 4 gv � dtEZ 000 O.fii June 26, 2009 IQt n o o 2 'o zt a rz M COH 0ff3 0 r: CO.) W tJ00 co Western Surety Company Fi } Na4 101 South Phillips Avenue ::e; y�:#,,r"�`;i a ' OLIO PO Box 5077 :117. ':'ti d N W ® is Sioux Falls, SD 57117-5077 • .≥]:4,t N Z > zeta co r 7..- m N DWN m _, RE: Performance Bond#t O Z W 0 l-> r W OZ euD n = Ladies and Gentlemen: J W Ea uj rt G O 0 This letter shall act as a remi O LL W r o 0 = of Weld County under the abov Z z W Ili Hs Z _ re As you are aware, on the 14" ILI M W z z 0 3ond on behalf of Western Oilfield! CO Q J cm :Id County as beneficiary. The d al m 0 g), , tnd Nine Hundred Thirty-seven a O C) r r The terms of the Performanc "�4 'lace it. R If you have any questions reg R+J 1 you disagree with any statement c eel d*4227, or e-mail me at dbechlc m M 0� 0 Very truly our O o Mill CO at Ill eoO Donald D. Warden I— n C) Clerk to the Board O X d ~ COd d (13A13 By:/ 1,Zd d6s m O C7 Deputy Cler o the Board U f1 I 0 :I I y bZ NIT LON pc Western Oilfields Supply SN3NOISS WW00 �r 412M �11Nf100 al3M t•-`•r wal Colorado Secretary of State Filed Date and Time: 12/08/2008 12:14 PM Document processing fee ID Number: 20071312802 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20081636599 Late fee if entity is in noncompliant status Amount Paid: $50.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees&forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit wwwsos.statc.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to §7-90-301,et seq. and§7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 20071312802 Entity name: WESTERN OILFIELDS SUPPLY COMPANY Jurisdiction under the law of which the entity was formed or registered: Delaware 1. Principal office street address: 3404 State Road (Street name and number) Bakersfield CA 93308 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) 2.Principal office mailing address: PO Box 2248 (if different from above) (Street name and number or Post Office Box information) Bakersfield CA 93308 (City) Stale) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 3. Registered agent name: (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) The Corporation Company 4. The person identified above as registered agent has consented to being so appointed. REPORT Page 1 oft Rev.07/17/08 5. Registered agent street address: 1675 Broadway, Suite 1200 (Street name and number) Denver CO 80202 (City) (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—if applicable) (Country—if not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document Schoen Anthonyto be delivered for filing: (Last) (First) (Middle) (Suffix) 3404 State Rd (Street name and number or Post Office Box information) Bakersfield CA 93308 (City) (State) (Postal/Zip Code) United States (Province—ifapplicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to he delivered far filing,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.07/I7/08 Donna Bechler From: David Schisler[DSCHISLER@rainforrent.com] Sent: Friday, September 25, 2009 2:59 PM To: Chris Gathman Cc: Donna Bechler Subject: FW: Collateral -Western Oilfields Supply Company Attachments: 20032058.pdf Chris: Per our conversation yesterday the Payment— Performance Bond that Western Oilfields Supply Company supplied to the Weld County in 2003 was specific to a one time landscaping project performed at our Ft. Lupton location. There would be no reason why this bond would have to be replaced since the project was completed in 2003. Please acknowledge receipt of this email and confirm that this will be handled in such manner. Thank you. David Schisler, CFCM Rain for Rent Contracts Manager 3404 State Rd Bakersfield, CA 93308 P: 661-387-6133 F: 661-391-3589 Cell: 661-343-2968 From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Wednesday, September 23, 2009 1:21 PM To: David Schisler Subject: Collateral Dave, 73—i6 J7 I am attaching a copy of the entire file for you to review. Donna Jceh�s1erC� ra ; n1Orret t C- C 1 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 September 14, 2009 Western Surety Company 101 South Phillips Avenue PO Box 5077 Sioux Falls, SD 57117-5077 RE: Performance Bond #929231200 for Western Oilfields Supply Company 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 14th day of July, 2003, Western Surety Company, issued a Performance Bond on behalf of Western Oilfields Supply Company naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Performance Bond was established at Five Thousand Nine Hundred Thirty-seven and no/100 ($5,937.00). The terms of the Performance Bond do not list a termination date. If the bond expires, you must replace it. 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 yours, Donald D. Warden Clerk to the Board By. Deputy Clerk t the oard pc Western Oilfields Supply Company Hello