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HomeMy WebLinkAbout960225.tiff RESOLUTION Art24794S1 RE: APPROVE RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL -WILLOW SPRINGS ESTATES, S #352 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 March 21, 1994, the Board did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) with Habrock Development Corporation for Willow Springs Estates, S #352, concerning property described as part of the W'Y2 NW% and part of the E'/ NW'/ of Section 24, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said agreement, Habrock Development Corporation presented collateral to the Board in the form of Surety Bond No. 19SB100852151 BCA dated March 14, 1994, in the amount of $301,180.00, and WHEREAS, at a meeting on February 21, 1996, Gloria Dunn, Planning Department, informed the Board that Don Carroll, Public Works Department, has conducted a visual inspection and recommends release of said collateral conditional upon receipt of warranty collateral, and WHEREAS, staff also recommended the Board accept said warranty collateral presented by Gene Habrock, Habrock Development Corporation, in the form of Maintenance Bond JP 4640 dated January 30, 1996, in the amount of$8,555.70, with St. Paul Fire and Marine Insurance Company as Surety, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release the above mentioned surety bond, and WHEREAS,the Board also deems it advisable to accept the above mentioned maintenance bond, 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 Surety Bond No. 19SB100852151 BCA dated March 14, 1994, in the amount of$301,180.00, be, and hereby is, released, based upon the acceptance of said warranty collateral. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. BE IT FURTHER RESOLVED by the Board that warranty collateral in the form of Maintenance Bond JP 4640 dated January 30, 1996, in the amount of$8,555.70, with St. Paul Fire and Marine Insurance Company as Surety, be, and hereby is, accepted. 2478451 B-1534 P-518 02/29/96 01:21P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 0.00 960225 SUED CC.' Pt] F/ McbrocK • RE: RELEASE COLLATERAL AND ACCEPT WARRANTY COLLATERAL - S #352 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS /10 Maid? WEND COUNTY, COLORADO/ ikfr Barbar J. Kirkmeyer, it �� 15G1 toy" y Clerk to the Board • rg a er, Pr Tem ` Deputy Clerk t'fhe Board — � Dale. Hall AP OV D AS TO FO Constance L. Harbe ountty ttor ey �, I '- W. ebster 2478451 B-1534 P-518 02/29/96 01:21P PG 2 OF 2 960225 SUBD MEMORANDUM h iDe TO: Board of County Commissioners it‘ February 21, 1996 COLORADO FROM: Gloria Dunn, Current Planner a\OL SUBJECT: S-352, Willow Springs Estates in part of the NW4 of Section 24, T6N, R67W Gene Habrock of Habrock Development Corp. is requesting release of collateral held by Weld County for improvements completed in Willow Springs Estates. The streets were completed last June, 1995, and inspected at that time by the Public Works Department. Since that time Mr. Habrock has completed the other items required by the Improvements Agreement. Staff is requesting that the Board authorize release of the performance bond held by the County. We request that Mr. Habrock provide $4,304 (10 %) warranty collateral to cover the street paving and retention pond within the Subdivision. Staff recommends that the warranty collateral be held by the County for no less than four months, and then be available upon request by Mr. Habrock and upon reinspection and final approval by the Public Works Department. Assistant County Attorney Lee Morrison and Don Carroll of the Public Works Department concur with this recommendation. OY v tie SERVICE,TEAMWORK,INTEGRITY,QUALITY 960225 �� mEmoRAnDum wpme To Gloria Dunn, Weld County Dept. of Hawing June 5, 1995 COLORADO From Lee D. Morrison, Assistant Weld County Attorney Willow Springs Subdivision Subject: I recommend release of the collateral so long as warranty collateral is posted. Lee SI IVlorrison Assistant Weld County Attorney LDM/db:willow WELD COUNTY PLANNING A JUN 61995 11 ECuinE D, 960225 02/16/96 08:00 FAX 970 352 2868 WELD PUBLIC WORK JA001 .• l/ mEmoRAnaum Wi`P Gloria Dunn, Current Planner February 15, 1996 To Dote COLORADO Don Carroll,Project Coordinator im,6 From Subject: S-352, Willow Springs Subdivision,Release of Collateral On February 14, 1996,I revisited the subdivision and inspected the items for release of collateral. The items addressed in my memo dated February 7, 1996,have been completed to my satisfaction. The one-year guarantee period for release of collateral will be Arne 19, 1996. I would like to withhold 10% of the funds for the street paving and retention pond area_ At the request of the applicant and upon completion of these two items, I will reinspect the site. The total amount being withheld on the two items will be$4,304. The remaning items on Exhibit A may be released if the Planning Department has no conflict with the remaining items. cc: Commissioner Hall S-352 file :p1an25 02/16/96 07:02 TX/RX N0.3169 9 (05 Habrock Development Corp. Eugene L. and Pamela A. Habrock 11257 Ponderosa Trail Windsor, Colorado 80550 (970)686-2519 January 22, 1996 JAN 2 2 1996 Ms. Gloria Dunn Weld County Planning Department 1400 N. 17th Avenue Greeley, Colorado 80631 Re: Willow Springs Estates Windsor, Colorado Dear Ms. Dunn: All work required by the Estate Zoning granted by the Weld County Board of Commissioners on the property known as Willow Springs Estate Subdivision, Windsor, Colorado has been completed as of this date. We respectfully request release of the payment and performance bond issued by AEtna Casualty and Surety for the benefit of Weld County. If you have any questions, please contact the undersigned. Sincerely, HABROCK DEVELOPMENT CORP. Euger e L. Habrock President ELH/pah 960225 EXHIBIT "A" (' Name of Subdivision : Willow Springs Estates Filing : Location: - Weld County Road 23 and Colorado Highway 392. Wintlsnr Cn Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19 , recorded on , 19 , in Book , Page No . , Reception No . , the following improvements . (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street grading 17,086 Street base 25,428 Street paving 39,491 Curbs , gutters , & culverts Sidewalk Storm sewer facilities Retention ponds 3,552 Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply & storage 5,000 Water mains-Includes Bore • 94,580 Fire hydrants 4,000 Survey & street monuments & boxes Street lighting ' o Street name signs o Fencing requirements o o Landscaping o Park improvements a• Road Culvert ow 3 Grass Lined Swale Telephone 12,000 O1244 Gas 9,874 fi,PI zo Electric 36,809 o Water Transfer o Bridge 49 560 ca ri a r-I i x SUB-TOTAL 297,380 a w a Engineering and Supervision Costs 3,800 0O (testing, inspection, as-built plans and work in addition to .-iz preliminary and final plat; supervision of actual construction by �PI contractors) v' E o ti] • TOTAL ESTIMATED COST OF IMPROVE`p4ENTS AND SUPERVISION $ 301 . 180 co z co w cow co z The above improvements shall be constructed in accordance with all en z County requirements and specifications , and conformance wit�1,,, .4is N Q, provision shall be determined solely by Weld County, or,..4..9,411‘.4.„ Uz authorized agent. ‘ •• • •... aA.; a Said improvements shall be completed according to the dorl& ructd . M ri schedule set out in Exhibit "B" . >,, d : A ri0 _ 1 O de-— Gam% 0 7 I ✓ W ( corporation, to be signed by President and attested, -tip r Secretary, together with corporate seal . ) ""^""'" Date : 3//47/ , 19 9/. 9 960225 940280 711e3ar.IRiVl ST.PAUL FIRE AND MARLNE INSURANCE COMPANY CERTIFICATE OF Surety 385 Washington Street,St.Paul,Minnesota 55102 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800-421-3880 and ask for COPY NO. the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). F-13851 GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1 4 (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: Don R. Broyles, Frank C. Penn, Kathryn K. Shanks, DiLynn Gliern, Pattela J. Hansen, Lisa M. Iceffler, Catherine S. Hunt, Bruce H. Iowdernilk, Jeanne M. Sikkens of Denver, Co; Jeffrey L. Broyles, Rae L. Canpbell, Michael D. Pierce, of Ft. Collins, Co; Ann J. Mitchell of Longmont, Co; indvirinally • its true and lawful attomey(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 TWENTY-FIVE MLLLICN DOLLARS ($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 are 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 5th 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." IN TESTIMONY WHEREOF,St.Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate st*IRE 4 4 seal to be affixed by its authorized officer,this 30th day of November,A.D.1990. e , ST.PAUL FIRE AND MARINE INSURANCE COMPANY t" u•SCACki iV� `t,Jo,o" STATE OF NEW JERSEY j ss. `x NO. County of Somerset J MICHAEL B.ICEEGAN,Secretary On this 10th day of November ,19 95,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 SL 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. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the township of Bedminster,New Jersey,the �' F day and year fast above written. aarsar / .G' .e s ^�� a[a LINDA S S,Notary Public,Middlesex,NJ My Commission Expires December 16,1996 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 i t.v oar IN TESTIMONY WHEREOF,I have hereunto set my hand this svrn- WtorA cE co 30th day of January ,19 96 MICHAEL W. RSON,Asst.Secretary Only 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 copies 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. r�� 29566 Rev. 1.9$Printed in U.S.A. 960225 Bond JP 4640 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS,That we, HABROCK DEVELOPMENT CORPORATION as Principal,and ST. PAUL FIRE AND MARINE INSURANCE COMPANY a corporation organized under the laws of the State of MINNESOTA and duly authorized to do business in the State of COLORADO ,as Surety,are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO as Obligee, in the penal sum of E I GHT THOUSAND FIVE HUNDRED FIFTY FIVE AND 70/ 100 (S 8,555.70 )• to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the BOARD OF COUNTY COMAISSIONERS OF WELD COUNTY, COLORADO dated MARCH 14, 1994 for WILLOW SPRINGS ESTATES (PRIVATE ROAD MAINTENANCE) INCLUDING: STREET GRADING, STREET BASE, STREET PAVING, RETENTION PONDS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed,sealed and dated this 30TH daY of JANUARY , 19 96 HABROCK DEVELOPMENT CORPORATION (Seal) Sao- 4,0 ST. FIRE AND NE INSURA E CO NY By 1 -- D I L MCI GUE Attorney-in-Fact SG-843/EP 4/00 PRINTED IN U.S.A. THE AETNA CASUALTY AND SURETY COMPANY Hartford,Connecticut 06115 • BOND NO. 19SB100852151BCA LIFE&CASUALTY SURETY BOND A KNOW ALL MEN BY THESE PRESENTS, That we HABROCK DEVELOP✓FIT OR)'. , P.O. BOX 876 , WINDSOR, CO 80550 aP as Principal and THE AETNA CASUALTY AND SURETY COM�AIY, a co o ation organized under the laws of the State of Connecticut and aut,orized to rnsact surety are business in the State of COLORADO , as s held and firmly bound unto COUNTY QF LD. COL R 0 in the sum of THREE HUNDRED ONEND O ,, 1 money HUNDRED EIGHTY Hf the AND NO/100 « 301 , 180 0 United States of America, for the payment of hie , well and truly to be made, we bind ourselves, our heirs, legs representat as, successors and assigns, jointly and severally, firmly by t e e present . WHEREAS, the abova-bounden, H CK EVELOPMENT CORP. has filed, or is about to file, wit OUNTY OF WELD , COLORADO which a plat for WILLOW ' PRINGS SUB IVISION requires CONSTRUCT ON O TH PUBLIC IMPROVEMENTS _LIIOWN ON PLANS, PLATS AND SUPPOR IN DO UMENTS OF THE SUBDIVISION WHEREAS, e 14 d of MARCH , 1g 94 , the principal EMENT entered nto n agrs t referred to,as withUthe Obligee.BDIVISION I This V ag agreement is by AGREE NT refere ce de a part areof. NOW, condition of this obligation is such that if the above- ound Pr cipal shall faithfully CONSTRUCT IMPROVEMENTS PER CONSTRUCTI OST IN EXHIBIT "A" AND WITHIN TIME FOR COMPLETION IN EXH113I'1' " then thi obligation shall be void; otherwise to remain in full force and effect. DATETy this 14TH day of MARCH . 19 94 !! HABROCK DEVELOPMENT CORP. ATTEST: BY: 7+4,--- PAMELA A. HABROCK, SECRETARY E ENE L. HABROCK, PRESIDENT THE AETNA CASUALTY AND SURETY Comm WITNESSED: CONNIE K. BOSTON, Attney->r.-fact CST. 174505 PRINTED IN U.S . IL-2.J-DI 10-08 THE"ETNA CASUALTY ANO SURETY COMPANY 1 • Hanford, Connecteut 06156 tt Li FE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISI-IN-FACT KNOW ALL MEN BY THESE PRESENTS.THATTNE,ETNA CASUALTY AND SURETY COMPANY,acrporaonailyorganised under the laws of tie State of Connecticut and having its principal elks in the City of Hanford.County of Hanford.Stale of CanldN,had,made.constituted and aoeotmw.and floes eddies Present,mw,conmar@ RSsOloim William C. Bensler, Connie K.Boston, Darlene Krings, Donald B. Martin, Margaret A. Nets, Kathryn J. O'Shea, Michael O'Shea, Chris S. Richmond, Scott Thomas or Kelly T. Urwiller - - of Greeley-Ft. Collins, Colorado iawee,i wnsAnornwo,in,F.a,,.ld,mnDowerendwmorityhenwcontend to sign,execute and acknowiedge.at any place within the United Stapes or.if the following ins be tilled in.within the area there seg- . naiad ,the following instruments): by his hr sole signature and ac,any and all bonds.recognizance.contracts of indemnity,and odterwridngs obligatory in the nature of a bond. recognizance,or conditional undertaking,and any and ail consents insidwa these and to bind INC iETNA CASUALTY ANO SURETY COMPANY,thereby a fah and to the same seen as if the enn were signed by the duly authorized offlcen of THE ATNA CASUALTY ANOSURETY COMPANY,and all the acs of saidAtansylaHo-faq pursuant to the authority herein given.are hereby ratified and confirmed. The appointment is made finder and by authority of the Slowing Standing Resolutions of said Company Mich Raautlons are now in full force and effect: VOTED:That each of dm following office.,:Chairman.Vial Chairman.President,My Executive Vi ehadflMy Senior Vice PresidantAny Vice President Any Assistant VlaPreeidant My Secretary,Amy Aleietan Ssaetary,may from time to Inn appoimaaident Y aPresidenta,Resident Assistant Secretaries,Attomey►infaat and Agents tosenor and on behalf oftMCompenyand miff giveaya.d appointeesuoh authority es his cemficate of authority may prescribe to sign with the Company's name end sal with the Company's eel bonds.recogrlfaanaa,contracts of indemnity,and other writings obligatory in the nature of a bond.recognizance.or conditional underakng,and any of said oftican or the Board of Directors may at any time remove any such appointee and revoke the power and authority given hint VOTED:The any bond,recogniance,contract of indemnity,or writing obligatory in the neuron('bond,recogi:ance,or conditional undertaking shall be valid and binding upon the Company when(al Signed by the Chairman,the Via Chairmen,the President an Execudva Vice President a Senior Vice President a Vice President,an Assistant Vice President or by a Resident Via Presidap pursuant to the power prescribed in the certificate of authorities/such Resident ViaPrapder¢and duty attested and sealed with theCanpe n's seal by a Secretary or Assistant Secretary or by a Resident Assistant Sectary,punuantto Me power prescribe]int ecrtficeaofathority°leech gaideitAoisant Secretary:orlhl duly executed(under sal,if realist by one or more Aaaneysin-Pea pureaent to the power pteeeWed in his or their certificate Of aniticata of authority. This Power of Attorney end Certificate of Authority is signed and sealed by eremite under and by eMoity of the following Standing Resolution voted by me Ban of Directors of THE.ETNA CASUALTY ANO SURETY COMPANY which Resolution is now in full fora and effect: VOTED:The the sgna ureo ash of Me following office,:Chairman,Vice Chairman,Pneidar,Aty Executive Vice Prasdelt,Any Senior Vice President,Any Via President.Am/Assistant VicePresfdent,Any Secretary.My AasontSec.ta y.and theseal afineCompany may be affixed by famines to any power of Moms or to any crtfiaee relating thereto appointing Resident Vice Prsaldea,Resident Aa cant Secretann or Attomeysin-Fearerouipogally of executing and aaseting bonded undertakings and othevwisge OMISSION in the nature thereof.and any such power of attorney or=Meat@ bearing such facsimile signature or facsimile seal Ma be vafidad binding upon the Company and any such cower so e acuted and certified by such facsimile signature and scsimile seal shad be valid and binding upon the Company in the future with espaot to any bond or undertaking to which it is mached, IN WITNESS WNEBEOP,TIE.ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signal by its Senior Vice President .and its corporate seal to be hereto affixed the 18th day of January ,is93 . r �i\ THE AETTeA CASUALTY Ale RETY COMPANY State of Connecticut w a Hamad van Vice President County of Hanford On this 18th lay d January , 1s 93 .before me personally canes JOSEPH P. KIERNAN ..,roe known.who.sing by me duly sworn,did depose and say:the he/she is Senior Vice President of '^1€/ETNA CASU A.TY AND SURETY COMPANY,the corporation described,in and which executed the above inaument:mat he/she knows the seal of said corporation:that de seal affixed to the said instrument is such corporate seal:and the he/she executaf the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. e .'S.."4' ' i. yi i'«`w r apses Mann 31, Notary Public Rosalind R. Christie CERTIFICATE i.the undersigned. Secretary • of Thi.ETNA CASUALTY AND SURETY COMPANY,a stock corporation of me Stateof Connecticut.DO HEREBY CERTIFY that the for:meting and anacy alPower of Attorney andCsnllcate of Authority remains art full force and has not Men revoked;and furthermore,that the Standing Resolutern ems Board of Directors,a set forth in t eCeefcateof Authority.are now in forms. Signed and Sealed at the Home Office of the Company.in Mc City of Menthol,State Connecticut Dated this 14th day of .19 March 94 eV -^i L.+ • L.+.lt.��. welch i5-;9224( Mi91x9PRINTED M u 5.4. Hello