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Home My WebLink About910567.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PERFORMANCE BOND N0. 201619 IN THE AMOUNT OF $65,500 - BALDRIDGE PUD 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 Performance Bond 11201619 in the amount of $65,500 as collateral for the Improvements Agreement, Baldridge PUD, and WHEREAS, at a hearing before the Board on June 26, 1991, the Board deemed it advisable to continue said matter indefinitely to allow County staff adequate time to collect the properly executed paperwork. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter will be reconsidered by the Board at the request of the Planning Department or County Attorney staff, after all Agreements and paperwork have been completed and submitted by the applicant. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1991. I BOARD OF COUNTY COMMISSIONERS ATTEST: { 77 �))!Af/, /) ( WELD COUNT , ORADO Weld County Clerk to the Board q� y /J/� Gor n ac rman By: (-91-#16, / / ._4 14y(1 o Deputy Clo the Board George Ke edy, Pro-Tem APPROVED AS TO FORM: (/ /'— <-7onstance L. Harbert S County A tornh C. W. Kirby W. H. Webster 910567 ?LeC47 or � Pt ;��tdoz; K„Viv,,,€ '�- . C�Al2Ct_ [-Entajc, 1 TRANSPORTATION SYSTEM #730, 800 5 Avenue SW (403) 298-5204 P.O. Box 3500 Calgary AB T2P 2P9 June 20, 1991 WELD COUNTY VIA COURIER 915 10 Street Greeley Colorado 80631 USA Attn: Mr. Lee Morrison County Attorney Dear Mr. Morrison: RE: UNIVERSAL TRANSPORT, INC. PERFORMANCE BOND NQ. 201619 With reference to the above, please find the enclosed executed bond in the amount of $65,500.00. Trusting you find this to be in order, please place on file in the usual manner. urs truly, --pv,., _ed -� x-Y".` -sQ le) ija. ,,,, Ct-vc-hs-.y`-' PnP ;Iic; v - 6:2--�- - RAY KELLER 4 re'tio—s--- Supervisor, Insurance Services R �� CEO ah�� K/Vh/Bond201619.1et Encl. _i___At z-c mortal J(teYre Tea?' i47/y 9166113 '1 13 :3 u 7 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond BOND NO. 201619 KNOW ALL MEN BY THESE PRESENTS: that (Here mserl lull name and address or legal Mlle of Conlracior) UNIVERSAL TRANSPORT, INC. 36000 UNIVERSAL DRIVEKp a5P igoepaIV,YRere ifiterDcalfeTq Con racctior, and, SEABOARD SURETY COMPANY Mere rntert full name and address or legal Idle of surely) BURNT MILLS ROAD & ROUTE 206 BEDMINSTER, NEW JERSEY 07921 as Surety, hereinafter called Surety, are held and firmly bound unto Mere Inset! full name and address or legal idle of Owners WELD COUNTY — BOARD OF COUNTY COMMISSIONERS 915 GREELEY, COLORADO 80631 as Obligee, hereinafter called Owner, in the amount of SIXTY FIVE THOUSAND FIVE HUNDRED Dollars (b 65,500.00. la for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated JUNE 04 1991 , entered into a contract with Owner for Mere Inseri lull name, address and dbOiplion of proleal "BALDRIDGE P.U. D. FIRST FILING, IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL IRAL IMPROVEMENT" in accordance with Drawings and Specifications prepared by Isere ;sets full name and address or legal idle of Archaecrl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Al4 UOCU'NfhT A311 sAts I AAp IIA Ian -A\() AA IRIAI P A1VIAI H(\AU • Al.A ✓ IIiRt Aril 1 il) • I?It rAJPIt V IN31,: IR \k(ltI II. Is I • Al s! ', AA AA31tut.t.: 3, I) (- _fOit, Vs/JUSNINCI-Unlmensad pholocopymg violates U.S.copyright laws and is sublets to legal prosecution. ��ine,4c3 PERFORMANCE BOND 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Owner having for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 19 day of JUNE 19 91 UNIVERSAL TRANS ORT, INC. 'Pnntgm) � � ISwb 1 Wilnrsq ,B. ZALESn� A.L. POMEROY VICE-PRESIDENTc.,IP °' DIRECTOR SEABOARD SURETY COMPANY 0,,,i, Itiurcicl 1 L .' - r - i_ ; _r I JULIE E. GCSS N . ELAINE ANTON, ATTIOINEY-II-FACT AIA DOCUMENT All • PERTORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AI ,� 2 INikLIARY Pill LD • THE AMLRICAN INyTITUTE OF ARCIIITECT5, 1735 N.Y. AVE, N.W.,WASHINGTON, D. C- :mow (YARNING-Unlicensed photocopying vmlotes U.S.copyright laws and is subjecl to legal prosecution. 94 �{+�Ael THE AMERICAN INSTITUTE OF ARCHITECTS r- . AIA Document A311 Labor and Material Payment Bond BOND NO. 201619 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNTVSIAL ITRANSPORT,ES PRESENTS: that 1�G• (Here insert lull mine and address or legal title of Contractor) 3600 UNIVERSAL DRIVE RAPID CITY , SOUTH DAKOTA57702 as PrISEABOARDrSURETYcCUMHANY al, and , 0f t H c insert lull name and address or legal title of swetyl BURNT MILLS ROAD & ROUTE 206 BEDMINSgTIERfftt NEW JERSEY 07921 as Surety COUN I Ycr c�IJcFld Sub lyCd I � �Ig �N��nd unto U RD Were insert loll name and address or legal bdc of Owner) 915 GREELEY , COLORADO 80631 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of SIXTY FIVE THOUSAND FIVE HUNDRED (Here insert a sum equal to at least one-half of the contract price) Dollars IS inseone-half 65 500.00. Ir for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated JUNE 04 19 91, entered into a contract with Owner for (Here insert lull name, address and description of project) "BALDRIDGE P .U.D. FIRST FILING, IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENT" in accordance with Drawings and Specifications prepared by +tore insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT Al11 • PERI Okm.n N'CE BCGND AND LABOR AND MATERIAL P-AY,mEN( BOND • AMA IHIRUARY 1970 ED. • THE A.MIRIC-AN INSI LILT: OF 1RQILEC IS, 1735 N.0' AV'E., N \S.. WASHINGTON, D. C '_0006 J WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. I.C.G1.3 LABOf_ AND MATERIAL PAYME, BOND NOW, THEREFORE, THE CONDITION OF THIS OBIIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall c) Other than in a state court of competent jurisdiction not be liable for the payment of any costs or expenses in and for the county or other political subdivision of of any such suit. the state in which the Project, or any part thereof, is situated, or in the United States District Court for the 3. No suit or action shall be commenced hereunder district in which the Project, or any part thereof, is sit- by any claimant: uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surely above named, within ninety (90) faith hereunder, inclusive of the payment by Surely of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 19 day of JUNE 19 91 UNIVERSAL T N PORT, INC. F (Seal)(Pnntipal) /:// nv�tnem) A li. �AL`ESKI A.L. POMEROY VICE-PRESIDENT tut') _ DIRECTOR SEABOARD SURETY COMPANY !Sean r (5Urt•ty) • all) ea. - la JULIE E. LOSS riirll N. ELAINE ANTON AIA DOCUMENT Aa11 • 1'IRIMI:m AAC F 0Oti1) AND 1AHt)R AND MATERIAL PAYMINI HON') • AIA 0^) FEBRUARY 1970 El) • THE Amin!( rV LNtiIIIU Ik Di AR( 11111O's 1)1') V Y AV( N VA' .WASI IINt,if)N, I) C O006 WARNING:Unitcensed photocopying violates U.S.copyright laws and Is sublet!to legal prosecution. pQ ! ry J�L��.}icy Certified Copy SEABa ARD SURETY COM- ANY GGGG 981. 4 No. 10910 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R.G. Gale or Peter P. Figiel or W.H. Hern or N. Elaine Anton or Wanda J. Metcalfe Calgary, Alberta , Canada of its true and lawful Attorney-in-Fact,to make,execute and deliver on Its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority • hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII.SECTION 1: "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto. Insurance policies.bonds.recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary;or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the PresKlenl or a Vice-President to make such signature;or(c) by such other officers or representatives as the Board may from time to time determine; The seal of the Company shall it appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..26th day of October 1�.0... o,,,xrr, ,s" Attest: SEABOPP��RRD SjjJJRETY CI ANY, Q927 • B / / / Q .�. (Seal)\ACl11(Q Y ►YA_/iv �r rw• As ,t Secretary Vice• resident STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this 26th day of October 19 90 , before me personally appeared Michael. H Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ...New...Jersey. : that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name th as Vice-President of said Com by like authority. r,. FELICE M. ZUBRYCKI _ }` ,�,,�, .F NOTARY PUBLIC OF NEW JERSEY (Seal) i O My :2-omiss!on Expires June4 , 1991 - y Notary Public pro GFRTIFICATE I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify t at the original Power of Attorney of which the foregoing is a full,true and correct copy,is in lull force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. -RESOLVED. (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds. underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made. hereby is authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this -611"1`, 24TH day of Plr\k 19... 9.Z... `' 111'_ /J 1 1927 �/ Q ( � a. 4 - --Assist nt Secretary �� Form 95, !Rev 1 ea) t Rat NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)356-6362 Date: June 26. 1991 Project No. : 017 To: Keith Schuett Project Name: Baldridge P.U.D. Weld County Planning Department We are transmitting: herewith x ; under separate cover via facsimile , facsimile number Number of Copies Description or Remarks 1 (original) Road Maintenance Areement dated June 26, 1991 (signed by all parties) 1 (original) Subdivision Improvements Agreement between Baldridge and County (signed and initialled by Baldridge) No exceptions taken x As requested Make corrections noted For approval Amend and resubmit x For your records Rejected - Resubmit As indicated cn each submittal _— Respectfully, NELSON ENGINEERS /Le (L/1 Arthur F. Uhrich Project Manager AFU/gc ROAD MAINTENANCE AGREEMENT THIS AGREEMENT done this 2V day of chsv^✓ , 1991 between the City of Longmont, Colorado (City) and the owners of the development known as the Baldridge PUD (Developer). The City has constructed and is currently maintaining an access road dedicated to Weld County which serves the City Landfill and is also shown on a preliminary plat of the Baldridge PUD. Weld County has not accepted the road for maintenance. The parties agree that they should divide maintenance of the access road between the City and the owners of all lots in the Baldridge PUD for the north 353 feet plus the access apron to the access road within the State Highway 119 right-of-way. The parties wish to apportion the responsibility for the maintenance of the access road as well as the financial responsibility for future construction of a right turn deceleration lane on State Highway 119. The parties agree that cost of maintaining the existing access road shall be borne proportionally between the City and the property owners in the Baldridge PUD. The number of traffic trips generated by the City and the property owners of the PUD multiplied by the amount of gross vehicle weight used by the City and the property owners on the access roadway shall determine the proportionate share. The parties by notification and agreement prior to maintenance work may either perform the necessary maintenance at their own expense and present certified costs to the other for reimbursement or make such other arrangements which are mutually agreeable for the construction of the necessary improvements. The Developer agrees that if further development within the Baldridge P.U.D. necessitates a deceleration lane on State Highway 119 for the sole purpose of the Baldridge P.U.D. development, the construction of the deceleration lane shall be at its sole expense. The City agrees that if further development of the City Landfill site requires the construction of a right turn deceleration lane on State Highway 119 for the sole purpose of the City's development, the construction of the deceleration lane shall be at its sole expense. This agreement shall bind the heirs, successors and assigns of the parties. CITY OF LONG ONT, COLORADO OR 9 ©613 Baldridge Road Maintenance Agreement Al TEST: CITY CL K APPROVED AS TO FORM: EPUTY CIT4 ATTO Y DEVELOPER otemsgszdy 6 x.41 President STATE OF COLORADO ) COUNTY OF ) ss. Subscribettd sworn to before e by Voi 2(2. ea. air this cal — day of �,Unn , 1991. My Commission expires %%%% Q�i,//4 /9 Not Public bradhbaldridg.con 51(1613 P 387 471 746 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOLD NOT FOR INTERNATIONAL MAIL (See Reverse) Elaine Anton One Pallister Square Calgary, Alberta T2G0P9 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered • Date Receipt showing wmg t to whom Date. and Address of Delivery d TOTAL Postage and Fee's o Postmark or Date co n • LL 4J /9i N a 91O-613 ' .94 . © r �. $ � � - libfia 18 6 00 �{ 8 � S tiiI . � r � : z : , � RR ��O�OEILOC�°� N ." '' 1 f : ro p f � 4; II 4 I Ili I K a -._,. g g: VII 2 ii t I . I lit I..... .. le% be ' ,r4 li ii 1. 26 2 ° �, _ i Di . , a a* 4f i at , j © is { ti p i f I x11 . I j. $R o; 1 I � a I oil I i 1 � I h t4. i i stir 1 :hilt a w � till t ea et tr k a 1 ftII 4 fi , ..,, ,..6 � �i i N u 'iP i I. F Y.6 9' I: - g I ^ TI +, �i 145 A I r 91� �. 44, .. ,'w', ✓,r C, Hello