HomeMy WebLinkAbout980209.tiff RESOLUTION
RE: APPROVE RELEASE, ASSIGNMENT AND SUBROGATION AND AUTHORIZE
CHAIR TO SIGN - GULF INSURANCE COMPANY FOR LUNA CONSTRUCTION
COMPANY, INC.
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 a Release, Assignment, and
Subrogation between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Gulf
Insurance Company for Luna Construction Company, Inc., with terms and conditions being as
stated in said release, assignment, and subrogation, and
WHEREAS, after review, the Board deems it advisable to approve said release,
assignment, and subrogation, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Release, Assignment, and Subrogation between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Gulf Insurance Company for Luna
Construction Company, Inc., be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said release, assignment, and subrogation.
980209
EG0037
GC' A.);6-1-6(1
RELEASE, ASSIGNMENT AND SUBROGATION - GULF INSURANCE COMPANY FOR LUNA
CONSTRUCTION COMPANY, INC.,
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
�» WE COUNTY, COLORADO
ATTEST: � � rA✓�`d ��i� i ���i � ��
r ,
Weld Co Constance L. Hert, hair
( z � °� ? t/ jD/'CVI C/
W. ,Jgc/
bster, Pro-Tem
BY:
Deputy"oa11�A:�N�:� rd 4c--- r
George . Baxter
AP2ttor
S TO F RM: EXCUSED
Dal K. Hall
/
ey q_/(/4-17l.Z
arbara J. Kirkmeyer
980209
EG0037
RELEASE, ASSIGNMENT & SUBROGATION
KNOW ALL MEN, that in consideration of the sum of ONE THOUSAND SIX HUNDRED
AND EIGHTEEN DOLLARS AND 00/100 DOLLARS ($1,618.00) in hand paid to the
undersigned claimant by Gulf Insurance Company, hereinafter called Surety, receipt whereof is
hereby acknowledged, the undersigned hereby sells, assigns, transfers and sets over unto the said
Surety, its successors, and assigns all of the right, title, and interest, including remedies of the
undersigned, in and to any claim for labor and/or materials for the project known as Weld
County Bridge, Weld County, CO (Project 1/032.5-021.OB).
In further consideration of said payment, the undersigned does hereby release and forever
discharge said Surety from any and all liability, claim and demand under its Bond No.
GE5641579 wherein The Board of Weld County Commissioners is the named Obligee.
Further the undersigned hereby covenants and agrees with the said Surety, that the sum of ONE
THOUSAND SIX HUNDRED AND EIGHTEEN DOLLARS AND 00/100 DOLLARS
($1,618.00) is justly due and owing by Luna Construction Company, Inc. to the undersigned,
and that the undersigned has not released or discharged same or any part thereof; that there are
no counterclaims or set-offs to said account, and that the undersigned will, at the request of the
Surety, its successors or assigns, furnish any and all evidence as to the correctness of said
account.
That this instrument is made for the purpose of inducing the said Surety for Luna Construction
Company, Inc. to pay to the said Weld County the aforesaid claim in the sum of ONE
THOUSAND SIX HUNDRED AND EIGHTEEN DOLLARS AND 00/100 DOLLARS
($1,618.00) and is made with the full knowledge that said Surety will rely upon the truth of the
statements herein contained and made.
IN WITNESS WHEREOF, the undersigned have hereunto set his or their hand(s) and seal(s)
this day of `i..4•2/4 , 199'.
We d COunty
Byes
Constance L. Harbert (02/04/98)
Its: Chair, Weld County Board of
Commissioners
(Corporate Sea
ATTEST:
WELD C eN a` _ ) � RD
,; .r
BY:
DEPUT
980209
STATE OF )
COUNTY OF )BEFORE ME, the undersigned authority, personally appeared (/�inq,,,yjcj 4,9hod{o me
well known to be the person who signed the foregoing Release, Assignment & Subrogation and
acknowledged under oath that the information contained therein is true and correct and that he
has full power and authority to bind said Company.
SWORN TO AND SUBSCRIBED TO ME THIS c DAY OF fQ R l / ,
1998.
Notary Public, State of ac(o n
%o
• ; KIMSCPLEEA.t
My Commission Expires: L SCHUETT
nly,•••• OP cot
My oommsron Ewing ociobw t,so.
980209
REVERSE SI•E•F TRIS • •CWIN�NT MAS AR ARTIFICIAL WATERMARII -'
GULF INSURANCE GROUP N:"ya :• „a
P.O. BOX 1 771 • DALLAS, TEXAS, 75221 DRAFT NO. 731958
731958
INSURED/CLAIMANT ERN X I POLICY NO. DATE ISSUED CLMT DATE OF LOSS
LUNA CONSTRUCTION COMPANY , INC 567 11jGE5641579 08/ 19/97 .001 07/20/95
FOR
SETTLEMENT
PAY
ONE THOUSAND SIX HUNDRED FLGHTPPN R nn/ Inn nni [APS *****************
To
oeDE WELD COUNTY COLORADO VOID AFTER lzMONTHS
OF C/O VICEROY MANAGEMENT AUTHORIZED
555 W TOUHY AVE . SIGNATURE 1
SKOKIE IL 60077
ii' 73 1 9580 i i i0000� BEFORE Devosm
5I 2580039 1 2 '
D CH r- NOTES:
000594681 z7/290 , 2
AGENT J . R . MISKEN , INC .
3801 E . FLORIDA AVE . ;jCC
DENVER CO 80210
r-
MAIL WELD COUNTY COLORADO
TO C/O VICEROY MANAGEMENT
555 W TOUHY AVE .
LSKOKIE IL 60077
9802'79
VICEROY INC. 5550 West Touhy Avenue
Skokie, Illinois 60077
The Surety Claims Specialist Tel :(847)677-1812
Fax:(847)677-1855
REGULAR MAIL AND VIA TELEFAX (303) 352-2868
January 21, 1998
Wayne Howard
Weld County
933 North 11th Avenue
P.O. Box 758
Greeley, CO 80632
Principal • Luna Construction Company, Inc.
Obligee • The Board of Weld County Commissioners
Project • Weld County Bridge, Weld County, CO (Project #032.5-021.OB)
Carrier • Gulf Insurance Company
Eff. Date • 10/20/94 ROC : 05/03/96
Bond No. • GE5641579
File No. • 4290.3
Dear Mr. Howard;
Please be advised that we have received a check from Gulf Insurance Company in the amount
of $1,618.00 in full satisfaction of your company's claim on the above-referenced bond.
In order to effect rapid receipt of the payment, I am enclosing a Release, Assignment and
Subrogation agreement which must be executed by an appropriate officer of Weld County.
Please have this agreement returned to the undersign at your earliest convenience. Once the
agreement is in our files, we will be able to immediately release the payment to your company.
Thank you for your cooperation in this matter.
Sincerely,
Wi 4t;kiC s
t(
Holly J. eta e
Administratit 'Assistant
Enclosure: original Release, Assignment & Subrogation Agreement
copy of check
hjr\hgetun00.ltr
9802/9
At.t.„,, MEMORANDUM
COLORADO TO: Clerk to the Board DATE: January 29, 1998
14
FROM: Wayne Howard, Civil Engineer III W e
SUBJECT: Bond from Gulf Insurance Company
Please place the following item on the Board's next agenda:
Bond for Weld County Bridge Project#032.5-021.0B
The appropriate documentation is attached.
cc: Drew Scheltinga, County Engineer
Bridge file 32.5/21B
m:wpfiles\engineer\agenda I
9802/9
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