HomeMy WebLinkAbout941206 RESOLUTION
RE: APPROVE EXCHANGE OF COLLATERAL IN THE AMOUNT OF $8,525.60 FOR
INDIANHEAD ESTATES SUBDIVISION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated October 27, 1993, the Board did approve an Improvements
Agreement According to Policy Regarding Collateral for Improvements and an Escrow Agreement
for Indianhead Estates, between John H. Hanna/Indianhead Estates Limited Liability Company and
the County of Weld, State of Colorado, and
WHEREAS, by Resolution dated November 7, 1994, the Board, by virtue of prior approval
of Certificates of Acceptance #1 through #6 for partial release of collateral to Indianhead Estates,
did accept the roads within said subdivision for partial maintenance, and
WHEREAS, Escrow Account #62-00-9293-32-5, established at the Union Colony Bank,
presently has a balance of$8,525.60 being held as collateral for the period of one year, and
WHEREAS, Indianhead Estates Limited Liability Company has presented the Board with a
request for exchange of said collateral for Warranty Bond No. 43-21-33 with the Old Republic Surety
Company acting as surety for said bond, which is in the amount of$8,525.60, and
WHEREAS, after study and review, and based upon the recommendations from the
Department of Planning Services and County Attorney staff, the Board deems it advisable to approve
said request to exchange said collateral in the amount of $8,525.60.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that cash Escrow Account #62-00-9293-32-5 at the Union Colony Bank, in the
amount of$8,525.60, be, and hereby is, released.
BE IT FURTHER RESOLVED by the Board that Warranty Bond No. 43-21-33, with Old
Republic Surety Company acting as surety for said bond, be, and hereby is, accepted for the
remaining one-year period of time as collateral for the Improvements Agreement According to Policy
Regarding Collateral for Improvements and Escrow Agreement for Indianhead Estates, between
John H. Hanna/Indianhead Estates Limited Liability Company and the County of Weld.
941206
SUBD
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RE: EXCHANGE COLLATERAL - INDIANHEAD ESTATES SUBDIVISION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of December, A.D., 1994.
��1 AL/�G� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
�//�� I
Weld County Clerk to the Board ✓j1 /LJ J �L7
W Webster, C airma
//i ;
BY:�,.4 , del./.>-�
Deputy`Cle k to the Bowrd_ S Dale . all, Pro-Terry
APPROVED AS TO FORM:
e+� -r�� 4--
�-' ( � �G/e Baxter
County Attorney r Constance L. Harbert
Barbara J. Kirkmeyer
941206
SUBD
Bond No . 43-21-33
WARRANTY BOND
KNOW all men by these presents ;
That Indianhead Estates Limited Liability Company, as Prin-
cipal , and Old Republic Surety Company, as Surety, are hereby
bound unto the County of Weld, State of Colorado, in the sum of
Eight Thousand Five Hundred Twenty-Five and 60/100 Dollars
($8 , 525 . 60) , to be held as "Warranty Collateral" for 10O of the
value of improvements , excluding improvements fully accepted for
maintenance by the responsible governmental entity or utility
company, for a period ending September 30, 1995 , as contained in
the agreements between the County of Weld, State of Colorado, and
Indianhead Estates Limited Liability Company, to which payment
well and truly to be made we do bind ourselves, our heirs, execu-
tors, and assigns jointly and severally by these presents .
NOW THEREFORE, if said Principal shall complete all warranty
work as specified, then this obligation shall be null and void,
otherwise to remain in full force and effect .
Signed and dated this 14th day of November , 1994 .
PRINCIPAL:
INDIANHE S . LIABILITY COMPANY
Rowa mrys, Mana —.
SURETY:
OLD REPUBLIC SURETY COMPANY
By(:44.O 155=1cL3 a-4211J'MA-4,
Attorney-in-Fa t
Veran Kay Hansberry
941206
li * •
ll �Iilltr POWER:OFATTQRNEY
1:1i,.� II
1 lllil,A. •..�,*ie Surety Company :.-:':• :':_:'=.:::-- .. - -' ; t- ....•;•.:....7.L7._' .
(ilit •
•=:KNOW AL.L.MEN:.B.Y:.ILIESE PRESENTS:::t.-6;:-p..:
::That_•14..RREPUBUC=SURETY`:C0MPANY,'=-a_•Wisconsttis,tpcic:insurance'.corporation,,
t -and a oint-:. ...:.:: ....:::;:..._:::. .. . ._.__ : - :_::.: . : -- - : . = ..._,._,:.._,_,__,,_.:7:7_:_......,::::....:.:.,,.,..__
: _=
-;:do-es-make,.constttu a pp ,- -- _ --
NORMAN-D. :N0E, LAWRENCE=E-. s.LUTGEN,--VERtAl4 K,AY HANEDERRY=, UF.-GREELEYY_ 0.. _
er. nd authorit.for and.on.behalf of°the:-corn any:as surety:to:execute=and deliver and'-affix the.seat of:the-
its True°and lawful Pittiirney(s�-in=Tact,with full pow.„a• 9.. _ . P
company thereto(if a seal is:required),bonds,:undertakings_rec ognizances or other:mttterrobligations in the natsrre thereof(other than bail bonds bank depository=
-'bonds,:mortgage deficiency::bonds,mortgage guaranty'bonds,:guarantees'of:ihstaliment.paper and note guarantybond _ If insdrance-woileis Compensation=
bonds guaranteeing payment of benefits;asbestos:abatement;contract bonds,'wastemanagement bonds;hazardot ewaste_rer diction bonds" acieTti:igpnds),'
. . as follows:�- •---. = . ..- - - - -=�••-' •_ *.:-..--;:..4:11" _ - -- - -- ---_ ---_ _
. Fit L: WRITTEN:':I NETFtt:1MENT^•-_I N..AN- AMOUNT .NOT_ TO: EYCEEI�� ACGREGAT-- OF _-- :--
F.
-. ON. E. 'fvi.TLLI:0N ,•p9 LARS'cc. ,:ouq.''t� iO): - ... • __ - _ ,:L_.. :: ..CtR: �l�i:'� SIfVGkE� 0l3•LI-�AT3
FtEGARt LESS OF: THE. NLfML-1EI • ►lF .. INSTRUMENTS _I B.SUED .FOR _THE' OBLIGATION E
and:to�bind OLD:REP•UBLIC:-SURETY C0MPANY:.therebyt and all of=tJ�e acts of said..Attorneys-iri-Fact;pii•rs•u3i ito_these ese s,.are .
•:ratified and_confirrried :This document is:not valld.unless printed on-colored background and-ts•mtiltcolored-:Ttiisappornent made:.
under:and b� authority of the board=otdtrectors-at:aspecial•meeting-heldon=February.18;:14382.ThisPawer Atfititte sigrsed ndsested::
Y_..
,bp faessmile under:and by= the.authatity.Qt..the following.,resolutions adopted by the bo•ars of c-.:-: _ 7. of_ft • I R- tEC� 11C 3[tE_ :
:-COMRANY-ori•E$bruary:18; 1'982.__ -.7_ - — _ _ L-_- ___ e _---_ _ __ _ -_
•=I ESOLVED'tfzat"1ht: president=;_any_vise=president;:or:assistant-.;vice-�presiderit=in-corijunctiori_witll 1#> _seiensie _a y-issistafii=`
ya.. ue
�- •- : secretary;:may'appointattoFne m»faei:ot-8gents=+utih•_authoKity:as defineti�r-limiiec��the=�strljmert#.�v-fden�n :.tt� .. ain�ea
..:.=:. =:iii::each case,for:and on-behalf_of_tire-company to_execute and deliver anct affil-tire s-eat=me'cd>ipani€-t aktanf �noglcse
�='_-:reco nizances =:anti suretyship obligations.of_adf:kinds,_and said,officers may_remove any=such=_attarneYln-fa, or_ag t -a __rev _
='any Power of Attorney previously granted to_Stroh. person- _: ..• _ . .- :— _ _, _ '__ :-
-•• --- :-. RESOLVED F.U.RTki.ER-.that any bond.•undertakin ,-re, iiance,or suretyship ob ation shell be vand_and:binding,ppo▪ rt ompaa
e.
_ �-.-. ..(i)..•whensignedbji.the:pr„sidentany�vice:prestdenf.orassFstant_vicepresidenfi�art .atteste:. ,. :sealee(if=aseaf_be_rsqu�_.,...,,_:__-2._:_- _.-4_,:.-� ar3y.s. =ty.orasststant=
secretary;or_= -' '. -: •_:_ : - _:
_ • ii.•:when signed by_the president;.any vice president or assistant v-ice'president• secretary or assi •
stant seeaeta•r and:couritersigtled scale$ .t a seal
__ . =-•be:reauiredyby_a dulyauthorized.attorney-in-fact•or.agerit;.or-_ _ _ _ - _ - _ -
.. - •-,• (iii :_:.>khen duly:executed and sealed:(rf-a seal be;required):by:one.or:more�ttorney5-tA•fact or:a9enis purspant to end:xdthin_the=�_rni;a-of=tha_sitttOniy_
evidenced by the Power of Attorney issued by the'company to such person or persons -__= _ _ -•-
.:,,,,i7.:„-:....:• .RESOLVED:F:URT'kiER=that the�.stgnature of:any-autfitirized�#ficer:and ihe.seat�:the..sbmpany alai be=affixed°°dyfairsimile-toan�Pa.�:of-Rttariieyor_
certification-thereof authorizing:the execution-and delivery_o-f.any:bond,-uridertakin ,recognizance,or other_strr ship_eblf tionS or e� and-such
-
- ▪ _ signature and seal i#-n--so-'used shall have the same force aril effect as though nanaa•tly affixed_ _ __ -_ ---
.- =: :•IN4 WIT'
NESS_WHEREOF`.OLD• BL'IG SUR p has caused then presents.tic=besfgrieckt7Y is pri≥pe erf at�d=+ta'
.• _.:=corporate seal-to be•affixed this 7.= .._:day of • -' • s.,__19 - -. - — -
-'_- Assssieni Secret — - O � -— -
' resident W ....
-._ •: - •' N,COUNTY..OF WAU ESHq -SS. -:_....::_.. ... . :_.. .._ ,-:.. ._ —:-...:> :.-::.... ._:..
STATE OF_WISCON$t. ...- _ _:.. . ...,_ : ..- _..._ _. .-:—_
• ,-:- i';::::72.-..-.. .'_T. : •_...d. '...:1:6-1..*:
: :_: ... ' .:SEPTE.MGEP.-:-.::_: ..'...P.4 :•: - _ : ___ ES.Ez LEE - -...L.
_.. =.:_ : ' :da of:; - •-..•.-..: .•: �:. .. _ ,-i9-- �pstsor+ally:came:befare_me�- ..-.7-_,--:--r:-_--- -- - - --
• and• DAVID'G:MENZEL..1....t0.melknown to.be•-the•.individuals-and officers-of the.OLD•REPUBLIC SURE y COMPN Y wlo,executed-the -
above:instrument, and they each acknowledged-.the.execution of the same,,and.being by me ddu#y_sw:orrr,did severally dispose and say,
-
°. :='that:theyare the:said_officers,of the corporatioh.aforeseid;and.thatthra.seal affixed to the:above instrunlipos the seal ofthecorporation
: :-and that:said corporate-seal.and their signatures as such•officers were duly:affixed and-.subscribed.to-the said instrument,by.tt..7 authority
f the:board..of•dir�rcti rs.-Of sai•d corporation:_= :.: •:.: ': : _ _
• _ : . __: •_?7•..,.. i rte:-... • -.7,-*- -- - '
. � ._ _'f-*: -. �, e : . __. .M 'COrarirnls$IOn eX IT Sotery-.-u�`
_:. Y p
.CEI3TIF•fCATE: - =-=.' °:.:=:_ ° .. -- --. _: • - __ ... '-'-.7-' • :
— :''of: • `..OLD REPUBLIC SURETY:C MPANY,. a_Wisconsic ttrporatiDn CERT) EtMi_at the
--:._- ,-Fahe undereigned;-iassistant secretaik,_ th •
-
: _: fore oin. andattadhedPower:of Attorney;i_ematns-_jn full_force and.hasnotf;eer evoked;and f irtherrr ore ikiaihe Resolutions : board=
�tdtrecTisrs set#crib=_ii't_the-:lower of'. ittorrfey are-now an-force. >-.-:-.:-_- - -_- ----= —_ ▪ _- _ - _ -- —=-
U--�;I� "',,4► _ " .:i-th_;-= & -- :
:: .--=_BARTEL-:-.8'' .:-'•:.:°:-;T:1.='-1. _=- - ENCY;. : i.--:,"::-..7..::-....".;- -...-.-::. :': -•:=-_=- _= .„•i-::-..,,.____
ctt mEMORAn DUM „ nit
JD r c,t �
n 2: 3 .
WIIBC To
Gloria Dunn, Planning o e Se tember 30, 1994
ar t
COLORADO From Drew Scheltinga County Engineer TO 11
Indianhead Estates, Escrow Account
Subject: - ----- --All construction work has been completed for Indianhead Estates. The Engineering Department
has been provided with test results and a letter from Michael Ketterling, P.E., certifying that
Lokotah Court and Arikaree Road were completed in compliance with the KLH Engineering
Group plans.
It is my understanding that the balance in the escrow account is $25,885.62. Our subdivision
agreement specifies that Weld County retains 10% of the original escrow for a period of one
year. That 10% retainage should be $8,525.60. Therefore, the amount to be released at this time
is be $17,360.02.
cc: Lee Morrison, Assistant County Attorney
Clerk to the Board
Indianhead Subdivision file
INDIAN HEAD ESTATES ESCROW ACCOUNT
Mail Certificates to:
Union Colony Bank
c/o Lori Schrieber, Trust Department
1701 23rd Avenue
Greeley, CO 80631
11/16/93 TOTAL ESCROW $ 85, 256.00
11/23/93 Certificate of Acceptance #1 - 2, 741.23
11/23/93 Certificate of Acceptance #2 -- 24,825.40
02/09/94 Certificate of Acceptance #3 - 15,257.65
03/07/94 Certificate of Acceptance #4 - 750.00
05/10/94 Certificate of Acceptance #5 - 15, 796. 10
10/05/94 Certificate of Acceptance #6 - 18, 403.37
Interest Earned + 1,043.35
BALANCE $ 8,525.60
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80631
CORAI�Qrd of County Commissioners
FROM: Gloria Dunn, Current Planner4"
DATE: December 7, 1994 EEEEEE
SUBJ: Indianhead Estates: Release of Collateral retained for one year by Weld County
Indianhead Estates Ltd. Liability Co. is offering a Warranty Bond in the amount of$8,525.60
and is requesting that the Board accept the Bond which will replace collateral in the same
amount being held by Weld County for one year. The Warranty Bond has been reviewed by
Lee Morrison and condition of the streets within the subdivision have been reinspected by Don
Carroll; they have no conflict with release of the collateral. Staff requests that the Board accept
the Warranty Bond and release the $8,525.60 held by the County.
941206
Af/(74 . mEmoRAnDum
VII Re Gloria Dunn, Current Planner Nov. 28, 1994
To Date
COLORADO Don Carroll, Administrative Coordinator wLC>
From
Sub)oclificlianhead Estates, Blocks 1 and 2
On November 23, 1994,I had revisited the site at the request of the applicant. The request was made
to verify that the end of the culvert had been dug out, the ditch had been reshaped, and that the hay
bails were placed together in a V-shape to slow down erosion from the water runoff on both sides
of Lakotah Court.
This is a follow-up of my memo dated November 21, 1994, that I addressed and asked for these
items to be cleaned up. All items have been addressed. I have no conflict with releasing the
retainage amount on the subdivision at this time.
cc: Commissioner Kirkmeyer
Indianhead Estates file
ek-6-1M\fi)c\
NOV 2 , 1994 ,
941206
November 7, 1994
Director
Department of Planning Services
1400 N. 17th Avenue
Greeley, Co 80631
Dear Sir,
As I explained to Todd Hodges, of your office, in my November 4, 1994,
telephone conversation with him, I am concerned about a road improvement
project in my subdivision. I live in Weld County, Indianhead Estates
subdivision, Block 2, lot 5. Currently developers are working on
approximately 12 one-acre lots to the northeast of my property.
The construction company that was charged with making the street improvements
on Lakotah, which fronts all the new lots under development, has failed to
provide proper ditches on both sides of Lakotah. The erosion that resulted
has caused mud to fill the culvert that was installed under Algonquin Drive.
Further rain will result in even more erosion. Ultimately, flooding to my
property, as well as to that of my neighbor's, will potentially result as the
water will have nowhere else to drain.
I have waited until now to bring this matter to the attention of county
officials because I assumed that further work on the project was forthcoming.
The enclosed color photographs illustrate the erosion problems occurring on
the northwest side of my property. I believe the ditches adjacent to both
sides of Lakotah should have been properly compacted and seeded to deal with
erosion issues.
I appreciate your assistance in resolving this matter as I believe that the
developers and/or contractors have been negligent. If you require additional
information or need to speak with me, please telephone me at 663-1193 after
4:00 pm or 490-7243 during the workday.
Sincerely,
.J. Michaelis
Enclosure
NOV 9 1994 I
C1,-), , clibiL k 4 iii it-- ;2/ 941204
mEmoRAnDum
VIIVt Gloria Dunn, Current Planner Nov. 21, 1994
To NM
COLORADO Don Carroll, Administrative Coordinator Z
From E�
Indianhead Estates, Blocks 1 and 2
Subject:
Due to some complaints from the residents in Indianhead Estates, I was asked to reinspect Lakotah
Court. The complaint and problem in question was located at the west end near the intersection of
Lakotah Court and Algonquin Drive. The Developer has shaped the ditches on both sides of the
road to the typical cross-section. The problem appears to be that there is no vegetation in place at
this particular time. This creates some small erosion and silting of the ditch at the west end prior to
going through the existing 24" culvert that leads to the detention pond. On the north side of Lakotah
Court,the same erosion problem exists. In previous memos, I have asked the applicant to clean the
end of the existing 24" culvert that crosses the driveway to Jerry Banks' to provide drainage to the
detention pond.
On my inspection someone has completely buried the east end of the culvert blocking the entire
drainage pattern from the north side of the subdivision through the culvert to the detention pond.
This area needs to be dug out, reshaped and the culvert opened up to provide adequate drainage to
prevent the road from being washed out. The applicant may want to try some erosion protection
section of both sides of Lakotah Court. Some options are to straw bails placed together in a V-shape
to slow the erosion from the water down, silt fencing, or possibly some large rock checks. The
erosion and silting problem on the south side and the burying of the culvert on the north side should
be cleaned up and resolved prior to releasing the retainage amount on the subdivision.
cc: Commissioner Kirkmeyer
Indianhead Estates file
Rd files: Lakotah Court
Algonquin Drive
.t � i�m199t��1 e
941296
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