HomeMy WebLinkAbout910127.tiff AR23D9834
RESOLUTION
RE: APPROVE TWO AGREEMENTS REGARDING COLLATERAL FOR IMPROVEMENTS FOR CONSOLIDATED
FREIGHTWAYS 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
MO authority of administering the affairs of Weld County, Colorado, and
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� . WHEREAS, the Board has been presented with an agreement regarding collateral for
oU improvements with Consolidated Freightways for fencing and screening requirements in
Ca the amount of $1,200, with the further terms and conditions being as stated in said
o W agreement, collateral for which has been presented in the form of Bond Number 400-JD-
o 7603 through St. Paul Fire and Marine Insurance Company, and
� W WHEREAS, the Board has been presented with an agreement regarding collateral for
% improvements with Consolidated Freightways for paving requirements in the amount of
0 $2,500, with the further terms and conditions being as stated in said agreement,
w collateral for which has been presented in the form of Cash Bond No. 18-096255 drawn
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a on the First Interstate Bank of Oregon, and
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N-I WHEREAS, after review, the Board deems it advisable to approve said Agreements,
wcopies of which are attached hereto and incorporated herein by reference.
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V NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
o rl County, Colorado, that the two agreements regarding collateral for improvements with
-- E Consolidated Freightways be, and hereby is, approved.
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a W BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
d' ] authorized to sign said agreements.
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o Z BE IT FURTHER RESOLVED the the hereinabove mentioned collateral be, and hereby
en el z is, accepted on behalf of Consolidated Freightways.
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U W The above and foregoing Resolution was, on motion duly made and seconded,
Wx adopted by the following vote on the 25th day of February, A.D. , 1991.
I-- d' BOARD OF COUNTY COMMISSIONERS
Nit
ATTEST: �� ) G� WELD COUNT LORADO
CQ Weld Coun y. Cl'er to the Board
Gordo cy, irman
f
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,67
` Deputy Clerk to the Boar Geo ge Kennedy, Pro-Tem
APPROVED AS���OOO FORM: � �C/2L�`
�/� U Constance L. Harbert
„44-fr
County Attorney C. W. Kir
�J y
AL,6401-4 7
W. H. Webster
PL0827
910127
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IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
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THIS AGREEMENT, made and entered into this _ _5( ' 41-a-ay of
N o , 1949 / , by and between THE COUNTY OF
WELD, STATE OF OLORADO, ac ng through its Board of County
a Commissioners, hereinafter called "County, " and CONSOLIDATED
w FREIGHTWAYS, -Pie. , hereinafter called "Applicant. "
0
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w WITNESSETH:
0
o WHEREAS, Applicant is the owner of or has a controlling
w interest in the following described property in the County of Weld,
m x Colorado:
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See Attachment Number 1
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N a WHEREAS, a Use by Special Review (U.S.R. ) on said property has
°\ v been approved by the Board of County Commissioners with certain
in conditions, and
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WHEREAS, The U.S.R. Resolution provides that no final U.S.R.
w plat shall be approved by the County until the Applicant has
nr p submitted an Agreement and Collateral guaranteeing the reclamation
CO w of the site as listed in Exhibits "A" and "B" of this Agreement.
rn
z NOW, THEREFORE, in consideration of the foregoing and of the
No �C acceptance and approval of said final U.S.R. plat, the parties
v a hereto promise, covenant, and agree as follows:
w
x 1. 0 Reclamation: Applicant shall furnish, at its own
� expense, all services and materials in connection with
mi the design and construction of the Reclamation project
listed on Exhibit "A" which is attached hereto and made
oak+ a part hereof by this reference within the time frame set
forth in Exhibit "B. "
2 . 0 Release of Liability: 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,
actions, or claims of every nature and description caused
by, arising from, or on account of said design and
construction of improvements, and pay any and all
judgments rendered against the County on account of any
such suit, action, or claim, together with all reasonable
Page 1 of 4 Pages
910127
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°�' � expenses and attorney fees incurred by County in
o defending such suit, action, or claim whether the
Rio liability, loss, or damage is caused by, or arises out
of, the negligence of county or its officers, agents,
ca employees, or otherwise, except for the liability, loss,
w o or damage arising from the intentional torts or the gross
o
negligence of the County or its employees while acting
x within the scope of their employment. All contractors
`q q and other employees engaged in construction of the
o improvements shall maintain adequate workman's
w compensation insurance and public liability insurance
o, % coverage, and shall operate in strict accordance with the
n laws and regulations of the State of Colorado governing
occupational safety and health.
x
N a 3 . 0 Acceptance of Site Reclamation: Upon compliance with the
v following procedures by the Applicant, the reclamation
m Z project may be accepted by the County and collateral
o ~ released.
� w
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~ a 3 . 1 Upon completion of the reclamation of the site
gam within a subdivision and the filing of a Statement
m w of Substantial Compliance, the Applicant may
rn request in writing that the County staff and West
m m Greeley Soil Conservation Services (WCSCS) inspect
N 4 the site and recommend that the Board of County
ua Commissioners accept the project in part or in
w full. If the County staff and WCSCS find that the
a g reclamation has been completed and vegetation
r \o re-established, they shall recommend acceptance of
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., � the reclamation. The Board of County Commissioners
shall consider accepting the reclamation or
w w accepting partially and releasing all or a portion
of the collateral.
4 . 0 General Requirements for Collateral:
4 . 1 The value of all collateral submitted to Weld
County must be equivalent to 100% of the value of
the improvements as shown in this Agreement.
5. 0 Improvements Guarantee: The Applicant intends to provide
the following type of collateral:
5. 1 A surety bond given by a corporate surety
authorized to do business in the State of Colorado
Page 2 of 4 Pages
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a04 and rated by Moody at least Aaa or equivalent
O 3 rating by Standard and Poors in an amount
o x equivalent to 100% of the value of the improvements
tor w as specified in the Improvements Agreement.
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U 6. 0 Request for, Release of Collateral: Prior to release of
� a collateral for the project, the Applicant must present a
N Statement of Substantial Compliance indicating that the
N project has been completed insubstantial compliance with
H this Agreement.
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U 7 . 0 Successors and Assigns: This Agreement shall be binding
z upon the heirs, executors, personal representatives,
CD H successors, and assigns of the Applicant, and upon
r F recording by the County, shall be deemed a covenant
H x running with the land herein described, and shall be
a binding upon the successors in ownership of said land.
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CO w IN WITNESS WHEREOF, the parties hereto have caused this
o z Agreement to be exec ted on the day and year first above written.
N 4
BOARD OF COUNTY COMMISSIONERS
U a ATTEST: u444 WELD COU TY LORADO
Weld County" plerk to the Board
n H �� Gord n ac , irman
Mi BY ?l tiff, A
w Deputy Clerk to tins-Board
Ge ge Kennedy Pro-Tem V
�APPROVE AS TO FORM:
(:::11:2>S7 l/' _ ' 2
Constance L. Ha bert
County Attorney
41 ,OLP
W. H. Webster
ATTEST: APPLICANT:
CONSOLIDATED FREIGHTWAYS, '711C--
By: By: 47,416,4.'1 / Gw? ,4� z
Page 3 of 4 Pages
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SUBSCRIr:END SW RN to be re this y of
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0 3 WITNESS my hand and official sea
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. w My commission expires:
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N My Commission Expires 10-23.94
3333 South Bannock Street
N a Englewood, CO 80110 • �, .µ ••,./
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EXHIBIT "A"
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Name of U.S.R. :
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0 3 Location:
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o a Intending to be legally bound, the undersigned Applicant hereby
aagrees to provide the following reclamation work.
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w (Leave spaces blank where they do not apply. )
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N Estimated
~ a Improvements Unit Cost Construction Cost
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N ,-a
m v Street grading
ir) z Street base
C3 H w Street paving
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� N Curbs, gutters, andculverts
a Sidewalk
d w Storm sewer facilities
• w Retention ponds
co rn Ditch improvements
o z Subsurface drainage
N 4 Sanitary sewers
o r Trunk and forced lines
a Mains
w
a Laterals (house connected)
• m On-site sewage facilities
in�m N On-site water supply and storage
Water mains
a w Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Reshape & prepare seed bed 25O
Remove poles, office, and barbed wire fence �p
Seed
Park improvements
SUB-TOTAL /a40
Engineering and Supervision Costs
(testing, inspection, as-built plans and work in addition to
preliminary and final plat; supervision of actual construction by
contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ lo,1'o0
q� 3
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o u The above improvements shall be constructed in accordance with all
County requirements and specifications, and conformance with this
provision shall be determined solely by Weld County, or its duly
o authorized agent.
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00 Said improvements shall be completed according to the construction
o x schedule set out in Exhibit "B. "
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0 rCalVIA-) 1,
M a Signature of Applicant
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(If -corporation, to be signed by Piesident and attested to Ly
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• Name of U.S.R. :
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o w Location:
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o x Intending to be legally bound, the undersigned Applicant hereby
• agrees to construct the improvements according to the following
o schedule.
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M a All improvements shall be completed within ill j years from the
N date of approval of the final plat.
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`" a Construction of the improvements listed in Exhibit "A" shall be
a completed as follows:
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n z (Leave spaces blank where they do not apply. )
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\+ H Improvements Time for Completion
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d a Street grading
m w Street base
o
a Street paving
Z Curbs, gutters, and culverts
N Sidewalk
o • Storm sewer facilities
u a Retention ponds
a Ditch improvements
✓ r, Subsurface drainage
� N Sanitary sewers
H ,-+ Trunk and forced lines
w w Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Seed �cyn-Q LS , 1, 443
Reshape & prepare seedbed -'fw .e. IS 1W°y3
Remove poles, office & barbed wire fence ih,� . 1,45-1__J343
SUB-TOTAL
The County, at its option, and upon the request by the Applicant,
may grant an extension of time for completion for any particular
9104127
H v improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
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Signature of Applicant
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� w (If corporation, to be signed by Prcaidcnt and attestcd to by
a SecLeLaLy, Loyether with corporate seal. )
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91(3121�+
IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PAVING)
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THIS AGREEMENT, made and entered into this .4,;(---/_-4- day of
oo , 199 / , by and between THE COUNTY OF WELD,
q STATE OrCOLDRADO, acting through its Board of County
o w• Commissioners, hereinafter called "County, " and CONSOLIDATED
0 3 FREIGHTWAYS, -4#E. , hereinafter called "Applicant. "
o a
veA WITNESSETH:
a
WHEREAS, Applicant is the owner of or has a controlling
a interest in the following described property in the County of Weld,
cv Colorado:
.. w
x See attachment number 1
a
w
rn U WHEREAS, a Use by Special Review (U.S .A. ) on said property has
been approved by the County with certain conditions, and
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O H
F WHEREAS, the Resolution provides that an improvements
agreement guaranteeing the reclamation of the site and construction
w of road improvements, which improvements, along with a time
,`"., W schedule for completion, are listed in Exhibits "A" and "B" of this
rn w Agreement.
oz
N NOW, THEREFORE, in consideration of the foregoing and of the
o • acceptance and approval of said final U.S.R. plat, the parties
U hereto promise, covenant, and agree as follows :
a
✓ rn 1 . 0 Engineering Services : Applicant shall furnish, at its
0 -4 own expense, all engineering services in connection with
m `�, the design and construction of the paving improvements
listed on Exhibit "A" which is attached hereto and made
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a part hereof by this reference.
1 . 1 The required engineering services shall be
performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and
shall conform to the standards and criteria
established by the County for public improvements .
1 . 2 The required engineering services shall consist of,
but not be limited to, surveys, designs, plans and
profiles, estimates, construction supervision, and
the submission of necessary documents to the
County.
21461.21
Page 1 of 6 Pages
i o P.r__ ; /' ''1
1 . 3 Applicant shall furnish drawings and cost estimates
for the road to the County for approval prior to
u the letting of any construction contract. Before
o acceptance of the roads within the subdivision by
ri p the County, Applicant shall furnish one set of
'-"' u reproducible "as-built" drawings and a final
o statement of construction cost to the County.
o w
0 3 2 . 0 Construction: Applicant shall furnish and install, at
o• w its own expense, the paving improvements listed on
q Exhibit "A" which is attached hereto and made a part
a hereof by this reference, according to the construction
w schedule set out in Exhibit "B" also attached hereto and
rncx made a part hereof by this reference.
N
N 2 . 1 Said construction shall be in strict conformance to
a the plans and drawings approved by the County and
N a the specifications adopted by the County for such
v public improvements .
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H 2 . 2 Applicant shall employ, at its own expense, a
H qualified testing company previously approved by
ri
z the County to perform all testing of materials or
d construction that is required by the County; and
m w shall furnish copies of test results to the County.
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M z 2 . 3 At all times during said construction, the County
N F4 shall have the right to test and inspect or to
0
✓ require testing and inspection of material and work
w at Applicant' s expense. Any material or work not
x conforming to the approved plans and specifications
�n shall be removed and replaced to the satisfaction
Ill M of the County at Applicant ' s expense.
.-1
PQ w 2 .4 Said paving improvements shall be completed,
according to the terms of this Agreement, within
the construction schedule appear in Exhibit "B. "
The Board of County Commissioners, at its option,
may grant an extension of time of completion shown
on Exhibit "B" upon application by the Applicant
subject to the terms of Section 4 herein.
3 . 0 Release of Liability: 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,
actions, or claims of every nature and description caused
by, arising from, or on account of, said design and
construction of improvements, and pay any and all
judgments rendered against the County on account of any
such suit, action, or claim, together with all reasonable
expenses and attorney fees incurred by County in
defending such suit, action, or claim, whether the
Page 2 of 6 Pages
9: 0112'",
liability, loss, or damage is caused by, or arises out
of, the negligence of County or its officers, agents,
m O 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
N 0 within the scope of their employment. All contractors
and other employees engaged in construction of the
a improvements shall maintain adequate workman' s
0 3 compensation insurance and public liability insurance
• x coverage, and shall operate in strict accordance with the
w laws and regulations of the State of Colorado governing
occupational safety and health.
0
w 4 . 0 Acceptances of Streets for Maintenance by the County:
x Upon compliance with the following procedures by the
Applicant, the paved road may be accepted by the County
w as a part of the County road system and will be
x maintained and repaired by the County.
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4 . 1 If desired by the County, portions of street
o z improvements may be placed in service when
w el
completed according to the schedule shown on
rip
cn Exhibit "B, " but such use and operation shall not
x constitute an acceptance of said portions .
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m w 4 .2 Upon completion of the construction of paving and
o z the filing of a Statement of Substantial
N zz Compliance, the Applicant may request in writing
o that the County Engineer inspect the road and
u a recommend that the Board of County Commissioners
a accept them for partial maintenance by the County.
Partial maintenance consists of all maintenance
N except for actual repair of streets, curbs, and
m r- gutters, and related street improvements . Not
sooner than nine months after acceptance for
Caw partial maintenance of streets, the County Engineer
shall, upon request by the Applicant, inspect the
subject road, and notify the Applicant of any
deficiencies . The County Engineer shall reinspect
the streets after notification from the Applicant
that any deficiencies have been corrected. If the
County Engineer finds that the streets are
constructed according to County standards, he shall
recommend acceptance of the road for full
maintenance. Upon a receipt of a positive
unqualified recommendation from the County Engineer
for acceptance of streets within the development,
the Board of County Commissioners shall accept said
paving as a public facility an County property, and
shall be responsible for the full maintenance of
said paving, including repair.
Page 3 of 6 Pages
91.0 12,
ch U 5 . 0 General Requirements for Collateral :
0
m o 5 . 1 The value of all collateral submitted to Weld
v County must be equivalent to 1008 of the value of
o the improvements as shown in this Agreement. Prior
A w to plat recording, acceptable collateral shall be
0 3 submitted.
o a
69- A 6 . 0 Improvements Guarantee: Applicant intends to submit:
a
v A cash deposit made with the County equivalent to 1008 of
riFw4 the cost of paving. The cash will be held by the Weld
N County Treasurer in a separate fund until directed by the
uts
ry Board of County Commissioners to release the funds to
a applicant.
w
rn U 7 . 0 Request for Release of Collateral : Prior to release of
z collateral for the entire project or for a portion of the
o H project by Weld County, the Applicant must present a
H H Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of
w the project has been completed in substantial compliance
M w with approved plans and specifications documenting the
co w following:
0 z
N 4 7 . 1 The Engineer or his representative has made regular
o y on-site inspections during the course of
u a construction and the construction plans utilized
a are the same as those approved by Weld County.
LEI N 7 . 2 Test results must be submitted for all phases of
`i this project as per Colorado Department of Highway
G,, Schedule for minimum materials sampling, testing,
and inspections found in CDOH Materials Manual .
7 . 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.
7 . 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 .
7 .5 Following the submittal of the Statement of
Substantial Compliance and recommendation of
acceptance of the paving for partial maintenance by
Page 4 of 6 Pages
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the County, the Applicant may request release of
the collateral for the project or portion of the
project by the Board. This action will be taken at
�
o a regularly scheduled public meeting of the Board.
0
---
p 7 . 6 The request for release of collateral shall be
T-I u accompanied by "Warranty Collateral" in the amount
0 of 10% of the value of the improvements as shown in
0 w this Agreement, excluding improvements fully
0 3 accepted for maintenance by the responsible
o a governmental entity, special district, or utility
"' CO company.
a
0 7 . 7 The warranty collateral shall be released to the
en a applicant upon final acceptance by the Board of
N County Commissioners for full maintenance under
.. .n
N Section 5 . 3 herein.
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v a 8 . 0 Successors and Assigns: This Agreement shall be binding
6-1
o, CJ upon the heirs, executors, personal representatives,
z successors, and assigns of the Applicant, and upon
0 w recording by the County, shall be deemed a covenant
.-+ E+ running with the land herein described, and shall be
a binding upon the successors in ownership of said land.
w
m w IN WITNESS WHEREOF, the parties hereto have caused this
m w Agreement torc be' executed on the day and year first above written.
en N � � `, BOARD OF COUNTY COMMISSIONERS
0 14 U a ATTEST: . WELD COUNT COLORADO
a Weld County, 1erk to the Board
� �+ Go _our--
(-- airman
rn BYz s �� t �d�E
r, r+ Deputy Clerk to the Be4rd Q— - ca
w w George Ke no-Tem
APPROVED TO FORM:
5L Constance L. Har ert
County Attorney
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C. A. 1Kiirb
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Page 5 of 6 Pages
911.1 2',
r U ATTEST: APPLICANT:
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va- SUBSCR AND SWORN to 9foren me is I% d y of
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M z WITNESS my hand and official seal .
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N4 LA � �
U Notary Public
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H My commission expires :
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My Commtss4on L.;,:rc a C==-�:.. . c
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d' 3333 South Bannock Street
cow Englewood, CO 80110 J Q
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Page 6 of 6 Pages
91.x '1.21
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1 U EXHIBIT "A"
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Name of Road:
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Location:
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o Intending to be legally bound, the undersigned Applicant agrees to
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vsw provide the following improvements .
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o (Leave spaces blank where they do not apply. )
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' � Estimated
V
" w Improvements Unit Cost Construction Cost
N
w Street grading
N a Street base (app
ti
Street paving O,00
0H Curbs, gutters, and culverts
w Sidewalk
aStorm sewer facilities
w Retention ponds
� w Ditch improvements
co w Subsurface drainage
o z Sanitary sewers
m• z Trunk and forced lines
o Mains
a Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
• N Water mains
• N Fire hydrants
Survey & street monuments & boxes
P° rz Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB-TOTAL
Engineering and Supervision Costs
(testing, inspection, as-built plans and work in addition to
preliminary and final plat; supervision of actual construction by
contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ c2iS-00
.91.C1-21
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~ The above improvements shall be constructed in accordance with all
a County requirements and specifications, and conformance with this
O 3 provision shall be determined solely by Weld County, or its duly
authorized agent.
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Q Said improvements shall be completed according to the construction
p schedule set out in Exhibit "B. "
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N, x Signature of Applicant
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N a ( If corporation, to be signed by President and attested to by
Secretary, together with corporate seal . )
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9101 2 1
EXHIBIT "B"
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o U Name of Road:
co▪ 0
Location:
A
w Intending to be legally bound, the undersigned Applicant hereby
o
o g agrees to construct the improvements according to the following
o z schedule.
69- w
X All improvements shall be completed within years from the
O date of approval of the U.S.R.
U
N Construction of the improvements listed in Exhibit "A" shall be
N completed as follows :
� x
a (Leave spaces blank where they do not apply)
N
rn U
o H Improvements Time for Completion
� w
E
M Street grading
w Street base lll�">t,/w ��oo S �^ USIP 0/44, ✓r,✓ty - �u✓1� tti 01.et 1
rd w Street paving Glr�Aln t10 day ,fir. .? OCR Pea- Ira]. Jung. in— 199
w Curbs, gutters, and culver s
o z Sidewalk
N z Storm sewer facilities
o Retention ponds
U Ditch improvements
w Subsurface drainage
a
Sanitary sewers
uri M Trunk and forced lines
`"I Mains
w Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB-TOTAL
w�
The County, at its option, and upon the request by 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.
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CODSOL/ORTED fRE/GHTUMS
ROBERT C. STETSON CI, -
Vice President �, I 5_31 t
Corporate Counsel
ELD COUNTY
February 21 , 1991 ATTORNEY'S O^�K:E
Mr . Lee Morrison
Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, CO 80632
Re : Use by Special Review - 933
Dear Mr . Morrison:
You have asked for a certification of the person designated
by Consolidated Freightways Corporation of Delaware to
execute all documents on its behalf necessary and proper to
effectuate the approval of our plans for the development of a
staging area for breaking triple trailer combinations for
further transportation into Wyoming as authorized by the
Corporation.
This is to certify that Mr . William T. O'Brien, Group
Operations Manager of Consolidated Freightways Corporation of
Delaware , in Cheyenne, Wyoming, is duly authorized to execute
any and all documents on behalf of said corporation to
effectuate the above-mentioned approvals for the Carr,
Colorado project .
Very
truly yours,
RoLij
Robert C. Stetson
Vice President, Corporate
Counsel and Assistant Secretary
RCS/AAH/aac
.�A
NCL .
C. )/
d 7/ 3240 HILLVtEW AVENUE,PALO ALTO,CA 94304 (415)494-2900 urn
r, r
i06,2-.0 WM) .. . _
A TO THE TREASURER OF TERMINAL DRAFT
CZAC
Company Consolidated Freightways No. 18- 096255
P.O.BOX 3301 PORTLAND,OREGON 97208
I CODE LOCATION NAME
Palo Alto
PRESENT THROUGH
N W 19th S Raleigh Branch
First IntereMate Bank of Oregon 24-1211030
Portland.Oregon _
VOID IF NOT PRESENTED WITHIN NINETY DAYS
WELD COUNTY
TO ' 915 Tenth Street
THE PAY
ORDER Greeley, CO 80631 DATE 1/31/91 ONLY Po $2 , 500 . 00*
OF
O1,8O96255v ra23000123I:094 067002 2C edAii.7. "V' eeim_a,,,-
DATE RLF NO AMOUNT DI(SUCTIONS OAT(. REF NO AMOUNT DLDU(TIONS
1/31/91 Cash bond related to paving requirements
for the Carr, CO triples staging area $2 , 500 . 00*
No. 18- 096255 PLEASE DETACH BEFORE DEPOSITING
9
_�u' ST. PAUL FIRE AND MARINE
F INSURANCE COMPANY
Poperty&Liabliiy St. Paul, Minnesota
Insurance A Capital Stock Company
BOND NUMBER: 400 JD 7603
KNOW ALL BY THESE PRESENTS , That we , CONSOLIDATED FREIGHTWAYS
CORPORATION OF DELAWARE as Principal , and the ST . PAUL FIRE AND
MARINE INSURANCE COMPANY , a corporation organized under the laws
of the Slate of Minnesota and authorized to transact the business
of surety in the State of Colorado as Surety , are held and firmly
bound unto WELD COUNTY , COLORADO, P . O. Box 758 , Greeley , CO 80632 ,
in the just and full sum of ONE THOUSAND TWO HUNDRED AND NO/ 100
DOLLARS ( S1 ,200 . 00 ) , for which sum, well and truly to be paid , we
bind ourselves , our heirs , executors , administrators , successors
and assigns , jointly and severally, firmly by these presents .
SEALED with our seals , and DATED this 14th day of
February , 1991 .
WHEREAS , by resolution of the Board of County Commissioners of
Weld County , Colorado, on the 30th day of January, 1991 , the above
bounden Principal was granted a Site Specific Development Plan and
Special Review Permit for a temporary freight relay terminal
located in the North 1/2 of Section 19, Township 11 North , Range
67 West of the 6th P . M. , Weld County , Colorado, ( USR-933) , which
Resolution and Permit are attached hereto and made a part hereof .
AND, WHEREAS , as allowed in Section 24 . 4 . 3 of the Weld County
Zoning Ordinance , said Principal is required to provide a perform-
ance guarantee covering implementation and completion of the
BOND NUMBER: 400 JD 7603
screening plan , road improvements and reclamation plan incorporated
into application for said • Special Review Permit ;
NOW, THEREFORE , if the said Principal shall fully comply with
all provisions of said Special Review Permit , then this obligation
to be void ; otherwise , to remain in full force and effect until
released by certified resolution by the Board of County Commission-
ers of Weld County , Colorado.
CONSOLIDATED FREIGHTWAYYS� �
CORPORATION OF DELAWARE
By %�.44;
ST . PAUL FIRE AND MARINE INSURANCE COMPANY
Muriel M. van Veen
Attorney- in-Fact
Marsh & McLennan , Inc .
Portland , Oregon
BI • i x '''.iii
x ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
385 Washington Street, St. Paul, Minnesota 5c102 AUTHORITY NO.
For verification of the at.. .nicity of this Power of Attorney,you may telephone toll.. -1-800.328-2189 and ask for
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY 14 7 4 6 4 3
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS:That St. Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the
State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint:
C. H. Weston, Jr. , Daniel J. Sloan, R. J. Lewis, III, Thomas M. Pearson,
Muriel M. Van Veen, individually, Portland, Oregon
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF TWEN'T'Y FIVE MILLION ($25,000,000) EACH
and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Shareholders of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978,of
which the following is a true transcript of said Section 6(C):
"The President or any Vice President,Assistant Vice President,Secretary or Service Center General Manager shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and
(2) To appoint special Attorneys-in-fact,who arc hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company,and
(3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959,of which the following is a true excerpt:
•
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
aF1Nt M°"W,. IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
c 4 ,y�+yz corporate seal to be affixed by its authorized officer,this 20th day of April,A.D, 1990.
°' '°�a ST. PAUL FIRE AND MARINE INSURANCE COMPANY
H "'�+ ,Mg STATE OF MINNESOTA) _
�� County of Ramsey 1J ss.
4, ,� co.
F
^^A inn DAVID LITZKOW Ace President
On this 8th day of October , 19 9a before me came the individual who executed the preceding instrument,to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by
order of the Board of Directors of said Company.
,A` IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day
( sz ,re and year first above written.
i ��� e, S
eIYOurCl MARY C.STEMPER,Notary Public, Ramsey County,MN
My Commission Expires November I, 1990
CERTIFICATION
I,the undersigned officer of St.Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of
Attorney has not been revoked and is now in full force and effect.
VIP= 5 /
`
\'.� IN TESTIMONY WHEREOF, f have hereunto set my hand this ! —
VII.--
F�II.— 14th day of February , 19 91 . IEROME H. NOLDIN,Secretary
(Ails a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies,carbon
copra or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev. 4-90 Printed in U.S.A.
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