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RESOLUTION RE: APPROVE COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) AND MAINTENANCE AGREEMENT - EAST WELD SANITARY LANDFILL, DBA BUFFALO RIDGE LANDFILL 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 14, 1992, a Site Specific Development Plan and Special Review Permit for a solid waste disposal site and facility for Waste Services Company, for East Weld Sanitary Landfill, dba Buffalo Ridge Landfill, on the following described real estate, to-wit: Part of Sections 2 and 3, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval in said Resolution, and by Resolution dated December 22, 1993, the Board approved a Road Improvement and Maintenance Agreement with Waste Services Company, known as Waste Management of Colorado, Inc., and WHEREAS, said applicant has submitted Guarantee Payment Bond No. GP97-0504- OB, with National Guaranty Insurance Company as surety, in the amount of$187,000.00, as collateral for East Weld Sanitary Landfill, dba Buffalo Ridge Landfill, and WHEREAS, after review, the Board deems it advisable to accept said collateral, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above mention collateral be, and hereby is, accepted. 11111111111111111 IIII 111111 IIII 1111111 III 11111 IIII IIII 980053 2591267 01/28/1998 01:26P Weld County CO te: Pt) Fri k&' �nc', PL0881 1 of 2 R 0.00 D 0.00 JR Sukl Tsukamoto ACCEPT COLLATERAL - EAST WELD SANITARY LANDFILL, DBA BUFFALO RIDGE LANDFILL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 1998. BOARD OF COUNTY COMMISSIONERS �„ WELD COUNTY, COLORADO ATTEST: � ��,►, �R_>:-s � �,c�� Constance L. Harbert, Chair Weld County q:r, 4&*' •� �� A + � / D :P [� �. W. ebs er, ro-Tem BY: Deputy Clerk "l r —t- Baxter APP D ORM: �. Dale K. all County At ney EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 111111111111111111 IIII 111111 IIII 1111111 III 111111111 111 980053 2591267 01/28/1998 01:28P Wald County CO PL0881 2 of 2 R 0.00 D 0.00 JA SAL Tsukamoto NATIONAL GUARANTY INSURANCE COMPANY GUARANTEE PAYMENT BOND BOND NO. GP97-0504-OB KNOW ALL MEN BY THESE PRESENTS, that we, WASTE MANAGEMENT OF COLORADO, INC., as Principal, and NATIONAL GUARANTY INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Vermont, as Surety, are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, as Obligee, in the penal sum of One Hundred Eighty-Seven Thousand and 00/100 Dollars ($187,000.00), the payment of which well and truly to be made, and each of us bind ourselves, our heirs, executors,administrators,successors and assigns jointly,and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that Buffalo Ridge Landfill (aka East Weld Sanitary Landfill), 11655 Weld County Road 59, Keenesberg, Colorado 80643, a division of the Principal, plans to make improvements to Weld County Roads 59 and 18 as described in the " Road Improvement and Maintenance Agreement " dated December 22, 1993,and the Obligee requires financial assurance security for this project. IT IS THEREFORE UNDERSTOOD BY THE UNDERSIGNED PARTIES that should such improvements not be made, the Principal will make payment to the Obligee for such planned improvements. If the Principal does not make such payment,then the Surety will provide payment up to the penal sum of this bond. NOW THEREFORE, if the above-described improvements are made to the satisfaction of the Obligee, or payment by the Principal is made,then this bond shall be null and void, otherwise it shall remain in full force and effect. This bond is effective from 12/10/1997 through 12/09/1999. IN WITNESS WHEREOF,we have set our hands and seals this 11th day of December, 1997. WASTE MANAGEMENT OF COLORADO, INC. Corporal Seal ✓J � ` , I✓�- gy; Donald S. Haufe, Assistant Secretary NATIONAL GUARANTY INSURANCE COMPANY Corporate Seal psy� �.1J.�? Roberta A. Krenek, Attorney-in-fact I 98005 o POWER OF ATTORNEY Know All Men By These Presents that the National Guaranty Insurance Company, 7 Burlington Square, 6th Floor, Burlington, Vermont Corporation (the "Corporation") , has constituted and appointed and does hereby constitute and appoint Rebecca R. Alves, Ann M. Dolter, Donald S . Haufe, James Kasprzyk, Roberta A. Krenek, Linda M. Makdah, and M. Gayle Sansone of Oak Brook, Illinois each its true and lawful Attorney-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1 . Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2 . Bonds on behalf of contractors in connection with bids, proposals or contracts. ' The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys-in-fact and the seal of the Corporation may be affixed to any such bond or to any certificate relating thereto by facsimile, and any such bond or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to be signed by its Vice President/Secretary and its Vice President, and its corporate seal to be hereto affixed this 11th day of December , 19 97 . Witn ss: ^^ NATIONAL GUARANTY INSURANCE COMPANY // NkA_ -\O437) Herbe t A. Ge z ohn . Toomey Vice President/Secretary Vi - President fi! Rev 11/9'1 98Q051 4`.! n C Y WMN e Waste Management, Inc. r-H 6 "' 13 A WMX Technologies Company Phone 303 914.1404 3900 S.Wadsworth Boulevard Suite 800 CLERK Lakewood,C080235 a ,. 1w cif, �-E December 15, 1997 Hon. George Baxter, Chairperson CERTIFIED MAIL NO. P 244655168 Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 SUBJECT: PAYMENT BOND FOR WELD COUNTY ROAD IMPROVEMENTS Dear Chairman Baxter and Commissioners: Pursuant to the "Road Improvement and Maintenance Agreement" between the Board of County Commissioners of Weld County Colorado (Board) and Waste Services Company dated December 22, 1993, enclosed is a guarantee payment bond (No. GP97-0504-OB) in the amount of$187,000.00. The bond, which uses National Guaranty Insurance Company as Surety, is submitted to provide security for making improvements to Weld County Roads 59 and 18 as described in the Agreement. The requirement for these improvements is pursuant to Condition of Approval #3(b) of the Board's October 14, 1992 approval resolution of the East Weld Sanitary Landfill (aka Buffalo Ridge Landfill). Please call me if you have questions regarding the enclosed guarantee payment bond. Sincerely, Tom chweitzer Environmental Engineering Manager Waste Management of Colorado, Inc. enclosure cc: Gloria Dunn, WCPD, w/enclosure Trevor Jiricek, WCHD, w/enclosure Tom Buchholz, Waste Management of Colorado, Inc., w/enclosure Alan Scheere/Jack Epple, East Weld Sanitary Landfill, w/enclosure 980053 Prigtud on recycled paper Mingia WASTE MANAGEMENT WASTE MANAGEMENT P.O. Box 1238 2400 West Union Avenue Englewood,Colorado 80110 (303) 797-1600 (303) 797-3031 Fax November 22, 2002 Donald Carroll Engineering Administrator Weld County Public Works Department 1111 H Street, PO Box 758 Greeley, CO 80632 RE: Renewal of Bond Dr. Mr. Carroll, Please find enclosed the Extension Certificate for Bond Number: GP97-0504-OB. The bond is associated with the Buffalo Ridge landfill and is located on the Coors property adjacent to WCR 59 and WCR 18. If you should have any further questions, please do not hesitate to call me at(303) 797-4656. Sincerely, �U lE ` ' L Steve Tonkin District Controller /Enclosures Cc w/o Enclosure: Bill Hedberg Alan Scheere Tom Buchholz It gor'S3 ® Ae n $'t • NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT 100 BANK STREET, SUITE 610, BURLINGTON, VT 05401 EXTENSION CERTIFICATE (To be filed with the Obligee) GUARANTEE PAYMENT BOND Bond Number: GP97-0504-OB To be attached to Bond described below, executed by National Guaranty Insurance Company of Vermont as Surety: PRINCIPAL: Waste Management of Colorado, Inc. OBLIGEE: Board of County Commissioners of Weld County, CO DESCRIPTION: Guarantee Payment Bond Said Principal and said Surety hereby agree that the term of said bond is extended from the Ninth day of December, 2002 to the Ninth day of December, 2003 subject to all other provisions, conditions and limitations of said bond, upon the express condition that Surety's liability during the original term of said bond and during any extended term shall not be cumulative and shall in no event exceed the amount of Two Hundred Forty-two Thousand&NO/100 ($242,000.00). Signed, sealed and dated this 1st day of November, 2002. W to geme ' of Colorado Inc. y: ORR Tannis Matts n, Attorney ' -fact National Guaranty Insurance Company of Vermont By: Susan D. Precourt, Attorney-in-fact POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that the National Guaranty Insurance Company of Vermont, 100 Bank Street, Suite 610, Burlington,Vermont Corporation (the "Corporation"), has constituted and appointed and does hereby constitute and appoint Julie S. Boucher, Linda M. Murphy, Susan D. Precourt, and Marcy Waterfall of Burlington, Vermont, Donald R. Gibson, and Sandra R. Parker of Houston, each its true and lawful Attorney-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to wit: 1. Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City,Town, Village,Board or any other body or organization, public or private. 2. Bonds on behalf of contractors in connection with bids, proposals or contracts. 3. Insurance policies and Certificates of Insurance related to financial assurance for closure,post-closure and/or corrective action obligations. The foregoing powers granted by the corporation shall be subject to and conditional upon the written direction of any officer(or any designee of any such officer)to execute and deliver any such bonds. The signatures and attestations of such Attorneys-in-fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to be signed by its President and Secretary, apdd,,its corporate seal to be hereto affixed this tt day of NvVcn-be�.- a0O7— . Witness: NATIONAL GUARANTY INSURANCE COMPANY OF VERMO L.L.fl L. ifirkil Donna L. Meals Ja es ". Perry Secretary Pre '.ent Revised 10/26/01 Hello