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Home My WebLink About871207.tiff RESOLUTION RE: APPROVE CERTAIN DOCUMENTS CONCERNING PERFORMANCE BOND FOR HIGHLAND PARK AND AUTHORIZE CHAIRMAN TO SIGN 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 , the Board has been presented with certain documents which assign the Performance Bond, held by the County Commissioners of Weld County, for construction of curb, gutter and paving for Highland Park Third Addition, Weld County, Colorado, to the City of Greeley, and WHEREAS , after review, the Board deems it advisable to approve said documents, a copy of each being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the documents assigning the aforementioned Performance Bond to the City of Greeley be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said documents. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1987 . y,�� BOARD OF COUNTY COMMISSIONERS ATTEST: 1127)74744 �" WELD C N �OL RADO Weld County Clerk and Recorder and Clerk to the Board G r Lac hairman J C. . Kirby, Pro-T 3 D puty County Cl rk APPROVED TO FORM: Gene R. Bran ner or Il C\7. 7C --)a-e-C-) J-cqu ine J h son County Attorney Vfan'1 amaguchi s - 7 7 % , 871207 NOTICE OF ASSIGNMENT TO: Fireman' s Fund Insurance Company 3333 California Street San Francisco, CA You are hereby notified that the Board of County Commis- sioners of the County of Weld , State of Colorado, also known as the County Commissioners of Weld County, Colorado, has assigned to the City of Greeley, Colorado, a municipal corporation, all its title, right and interest in a Performance Bond in which Highland Park, Inc. , Principal , and Fireman' s Fund Insurance Company, Surety, were bound to the County Commissioners of Weld County, Colorado, for performance of a written agreement dated October 25 , 1970 , for construction of curb, gutter and paving for Highland Park Third Addition, Weld County, Colorado; and You are authorized to perform the obligations of said Performance Bond upon the request of and for the benefit of the City of Greeley, Colorado. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ATT�� /��..,,OO Weld Cou6/I�y Clerk and Recorder �V Cha r By: .72.767 Deputy ,�'ounty rk 871227 ASSIGNMENT The Board of County. Commissioners of the County of Weld , State of Colorado, also known as the County Commissioners of Weld County, Colorado, hereby assigns and transfers to the City of Greeley, Colorado, a municipal corporation, all its right , title and interest, including all rights of action or otherwise to said Board accrued or hereafter to accrue thereunder, in and to a Performance Bond in which Highland Park, Inc. , Principal , and Fireman' s Fund Insurance Company, Surety, were bound to the County Commissioners of Weld County, Colorado, for performance of a written agreement dated October 25, 1970 , for construction of curb, gutter and paving for Highland Park Third Addition, Weld County, Colorado. Said Performance Bond was signed the 23rd day of October, 1970 . The Board authorizes the assignee to take all legal steps he may deem proper or necessary in connection therewith. Signed this 14th day of September , 1987 . ATTE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Weld Coun y Clerk & Recorder By: Ch i Depu Count Clerk 8712)7 Pr 1 Law Department .44 ₹ GREELEY CIVIC CENTER. GREELEY, COLORADO 80631 (303)353-6123 izt S A 9. September 4, 1987 Lee Morrison , Esq. Attorney for Weld County Centennial Center Greeley , CO 80631 Dear Lee : I am enclosing an Assignment and Notice of Assignment for the performance bond for Highland Park as we have discussed. I believe it is ready for presentation to the Commissioners ; if there is anything else I should do, please let me know. I appreciate your cooperation. Sincerely, Sharon Widener Assistant City Attorney SW/lam Enclosures SEP081987 I WELD COUNTY ATTORNEY'~ C - 871207 9 //�\• FIREMAN'S FUND INSURANCE COMPANY ,, � r I THE AMERICAN INSURANCE COMPANY C ``t ) I NATIONAL SURETY CORPORATION M ,r. r�.-7, ---� r-- ASSOCIATED INDEMNITY CORPORATION 'rJ.' - " I 1 AMERICAN AUTOMOBILE INSURANCE COMPANY 6.x:at 6__ ...W-,: SUBDIVISION STATUS INQUIRY F TIUp}71 '�'�IIS FOAM TO: County Commissioners f��u„'..0 Al.f•� Ylyr :U /',I.lul!I,;/„� Weld county INSURANCE t)tj vU,.!.Nr=S Greeley, Colorado 13335 SO. COLORADO BLVD. DENVER, COLC I?DO 80222 . L l BOND NUMBER SUBDIVIDER _SCR 621 0097 Highland Park, Inc. TRACT NUMBER TRACT NAME I Third Addition Highland Park ' IMPROVEMENTS Curbs, gutters, and paving, SEZ Section 15, Township 5, Range 66. ___i PLEASE ANSWER QUESTIONS BELOW, AND RETURN THIS FORM 1 I. HAS THIS WORK BEEN FULLY COMPLETED AND ACCEPTED? E YES M NO I I 2, IF ACCEPTED, ON WHAT DATE? 3. IF NOT ACCEPTED, IS WORK PROGRESSING SATISFACTORILY?❑ YES 2 NO 4. PERCENTAGE COMPLETED: 50% curb and gutter, 8% paved REMARKS DO NOT RELEASE THIS BOND. "„ n$ I ,firC Sc C1 ?"3 ' A 0 INFORMATION FURNISHED BY (SIGNATURE) 1 (TITLE) r /0. I ' 8 Administrative Manager DATE BOND AND BURGLARY DEPARTMENT octet/ena2/, /9,-...3 - it�2 36OO76---6-6S Iressseewew - • • Approved by the American Institute of Architects. A.IA Document f. Aall (formerly 107) 1959 Edition. r4 "r t FIRIMANY FUND INSURANCE COMPANY � SAN FRANCISCO STATE OF COLORADO 'L -V N. S'. COUNTY OP WELD N • ,jitd� hied w,th toe Clark of the 3osrd PERFORMANCE BOND of County Commissioners KNOW ALL MEN BY THESE PRESENTS: 0 C T 2 3 1970 That HIGHLAND PARK. INC. (Here invert the a®s and address or legal title of the Contactor) 11 county Ctrs{OM secants as Principal, hereinafter called Contractor, and FIREMAN'S FUND INSURANCE COMPAN�3 M�'�'3-3."aliforal��ttaet, an- Francisco, California, a California Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto County Commissioners of Weld County, Colorado (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Ten Thousand One Hundred Forty and Nn/100 =Dollars ($10,140_on ), 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 dater; October 23, 1970 entered into a contract with Owner for Curb, gutter and paving for Highland Park Third Addition being a part of SF7 Rerti on 15, Township 5, Range (i6i, Weld Cntrnty, lolnradn in accordance with drawings and specifications prepared by. (Here 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. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) 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 con- ditions, 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 to Contractor. Any suit under this bond must be instituted before the expiration of two (2) yeas from the date on which final payment under the contract falls due. 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 and sealed Ode 23rd day o October A-D. 1970 IN THE PRESENCE OF: IG N .) /51) % a o . ""� !r `) 9/ /�� Presi nt (owl - • f ' 1 • GENERAL POWER or ATTORNEY FIREMAN'S FUND INSURANCE COMPANY MOW AU. MEN BY THESE PRESENTS. That FIREMAN'S FUND INSURANCE COMPANY,a Corporation duly organised and existing under the laws of the State of California, and having Ile principal office in the City and County of San Francisco, In said State, has made, constituted and appointed, and does by these presents make, constitute and appoint m w . . . . • of GAISIST • , In in. Slate of COLORADO its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred, to make, execute, seal and deliver, on Its behalf, and as its act and deed. eny and all bands, reocgnisnoss, contracts agreements of indemnity end other conditional or obli. execuutteddherreundersshaalll n00% eased however, that WSD Te HOUS enalD AND aoO/SUOODDOUAM ch instrument.00) And such bonds or undertakings, when algned, sealed and delivered by Emig De a shall bind said Corporation as fully and to the same extent as if the same were signed by the President and Secretary of said Corpo- ration under Its corporate seal. IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY, under and by authority of a certain Instrument of Authority and pursuant to Article VIII.Section 30 and Seaton 31,of its By-laws (certified copies whereof are hereinafter set forth),has caused these presents to be signed by Its Irani Vice-President, and Its corporate seal to be hereunto affixed this___.._._L _day o1—J6b!i6! FIREMAN'S FUND INSURANCE COMPANY (Corporate Beall By JAMES H. WELLS STATE OF CALIFORNIA, 1} JAMES N. WELLS,Assistant Vice-Preeldeni CITY AND COUNT�Ya OF SAN FRANCISCO w. On this _..!1MPe day of ....__..._3rnu417 , 19 W , before me personally appeared (AMES H. WELLS, personally known to me to be Assistant Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the corporation described in and that executed the within instrument, and also known to me to be the person who executed it on behalf of the Corm- ration therein named, and he acknowledged to me that such Corporation executed the same; and, being by me duly sworn slated that he is and at the lime of the execution of said instrument was the aforementioned officer of said FIREMAN'S FUND INSURANCE COM- PANY; that the seal affixed to said instrument is the corporate seal of said Corporation; and that he signed said instrument and caused the said corporate seal to be affixed thereto, pursuant to the authority conferred by a certain Instrument of Authority of said Corpora- tion and Article VIII, Section 30 and Section 31, of the By-laws of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. (Notarial Beall ETHEL L. WATKINS STEIL Le WATKINS [q Notary Public My commission •xpirn__.._.__...._. 2c l9 STATE OF CALIFORNIA, } es. CITY AND COUNTY OF SAN FRANCISCO 1111 1, VIasn1EP..,*e. m CII., Assistant secretary of FIREMAN'S FUND INSURANCE COMPANY, do hereby certify that the follow- ing is a full, true and correct copy of Article VIII, Section 30 and Seaton 31, of the By-laws of the FIREMAN'S FUND INSURANCE COM- PANY adopted on the 19th day of November, INS, and now in lull force and effect, to wit: "Article IEHti.ARPalntasst end Authority el Resident Asa4tent Sms/erlss, end Atternn-hr-Feel end Ogren to accept Lead 1'nvr.. and Make A`ypraraee,l. Section 3B..41spolatmest. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board .of Dlrecton,the Chairman of the Board of Directors the President or any Vice-President,may,iron time le time.appoint Resident Assistant Secretaries and Attorneys-in-Fad le teerente and act let end en behalf of the Corporation and Agents le accept legal process and make appearances for and on hehcll of • the Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fad, and Agent. shall be as prescribed ,n the instrument ' evidencing their appointment, and any such appointment and oil authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make ouch appointment." And I do hereby further certify that the following Is a full, true and correct copy of an Instrument of Authority executed on the 19th day of November, INS. pursuant to Article VIII, Section 30 and Section 31, of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, and.that said Instrument of Authority Is now in lull lore and effect, to wit: "INSTRUMENT OF AUTHORITY. KNOW All MEN BY THESE PRESENTS:Thal fames H.Wells,Assistant Vice-President of FIREMAN'S FUND INSUR- ANCE COMPANY,is hereby vested with full power and authority to appoint and revoke Resident Assistant Secretaries or Attorneys-in-Fact of this Corpora- tion and Agents to accept legal process and make appearances for and on behalf el this Corporation under and pursuant to Article VIII.Section 30 and Section 31, of the By-laws d this Corporation. FIREMAN'S FUND INSURANCE COMPANY By. STUART D. MENIST Stuart b.k(enbt,Vtce-President' And I do hereby further certify that STUART D. MENIST, who executed said Instrument of Authority, Is, and at the time of the execu- tion thereof was a Vice-President and duly authorized to so act on behalf of said FIREMAN'S FUND INSURANCE COMPANY, and that JAMES H. WELLS, who executed the foregoing Power of Attorney on behalf of said Corporation, is, and at the time of the execution thereof was Assistant Vice-President and duly authorised to so act on behalf of said FIREMAN'S FUND INSURANCE COMPANY. And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Fireman's Fund Insurance Company at:a meeting duly called and held on the 19th day of November, 1965, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of any Assistant Secretary of this Corporation.and the seal of this Corporation, may be alibied or printed by facsimile to any certificate to a Power of Attorney d this Corporation, and that such printed facsimile and seal shall be valid and binding upon,this Corporation." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of FIREMAN'S FUND INSURANCE COMPANY, this ...__.in day of__.__sT9W}IRry.___. _ _.__.____..._. 19._64._._. 1 (Corporate Seal] WINih'RED H. BR0WNE wnarREDae ��3yyN1B Assistant Secretary of • 3TIILTYRN'S FUND INSURANCE COMPANY (Over) 360004 (HO) (FF)-1.66 Hello