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Home My WebLink About962147 793 RESOLUTION RE: APPROVE RELEASE 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'/ 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, the Board did approve, by Resolution, the release of said collateral and acceptance of 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, at a meeting on December 2, 1996, Gloria Dunn, Department of Planning Services, informed the Board that Don Carroll, Department of Public Works, has conducted a visual reinspection and now recommends release of said warranty collateral, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release the above mentioned maintenance bond. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Maintenance Bond JP 4640 dated January 30, 1996, in the amount of$8,555.70 be, and hereby is, released, based on staff recommendation. 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. P,d : PL.; Fl ; /tahroc -- 2524793 B-1581 P-193 12/12/1996 03:45P PG 1 OF 2 AEC DOC 962147 Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 SUBD RE: RELEASE 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 2nd day of December, A.D., 1996. BOARD OF COUNTY COMMISSIONERS r�, bates WEED COUNTY, COLORADO �r. �� Mod? i c/; Lr s. E r,'u oA t3ci �, �� ,Barbar J. Kirkmeyer, ChaircY :�np+n�+ el �-y1 my Clerk to the Board z4 : k— • orge E. Baer, Pr -Te Deputy Clerk the Board Dale K. Hall AP AS TO FO 1,4 sir -0----,. - ,4�� - Constance L..larbert my Attorney Y 04O el( J tejb ,Q,l W. H. Webster 2524793 8-1581 P-193 12/12/1996 03:45P PG 2 OF 2 962147 SUBD MEMORANDUM WCTO: Board of County Commissioners December 2, 1996 COLORADO From: Gloria Dunn, Current Planner(i� SUBJECT: S-352, Willow Springs Subdivision located in part of the W2NW4 and part of the E2NW4 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado Mr. Gene Habrock is requesting release of warranty collateral at this time. He has requested a final inspection of the subdivision by the County, which has been completed by the Public Works Department. Staff recommends that the Board authorize release of the warranty collateral Maintenance Bond JP 4640 in the amount of$8,555.70. 962147 11/25/06 12:43 FAX 070 352 2868 WELD PUBLIC WORE 8001 Stift mEMORAnDUm To Gloria Dunn, Current Planner Date November 25, 1996 COLORADO From Don Carroll,Project Coordinator FY": Subject: S-352,Willow Springs Subdivision,Release of Collateral At the request of the applicant,I reinspected Willow Springs Subdivision on November 20, 1996. From my memo dated July 26, 1996,I suggested that the applicant replace the red reflective striping on the top panel of the type three barricade,remove weeds around the base and the dry fire hydrant area, and clean the access culvert to the Habrock residence. All these items have been completed to my satisfaction. 1 have no conflict with any remaining items on site. Any collateral that was held on these items may now be released_ cc- Commissioner Hall S-352 plaza j 11/25/96 11:44 TX/RX NO.5603 P.001 ■ 962147 MEMORAnDU WIIIDC Gloria Dunn, Current Planner July 26, 1996 To Date COLORADO Don Carroll, Project Manager Ott From Subject: S-352, Willow Springs Subdivision, Release of Collateral On July 25, 1996, at the request of the applicant, I performed the final inspection of the Willow Springs Subdivision. The one-year warranty period or release of collateral was due. I have re- inspected the asphalt paving along with the detention pond area and find no conflict with either. I suggest that the applicant replace the red reflective striping on the top panel of the type three barricade. The weeds need to be maintained around the barricade, as the bottom panel is not visible. At the fire retention pond,the applicant needs to maintain the weeds around the dry fire hydrant to make it accessible when needed. While checking all the access culverts in the subdivision, I noticed that the Habrock access culvert needs to be cleaned to provide adequate drainage around the cul-de- sac to the designated utility and drainage easement. cc: Commissioner Hall S-352 file plan9 Weld County P t•lanning Dep JUL 2 9 1996 RECEIV ED 962147 3fre, 7 (-3, = wc_1° 023 s ,,,/. 3202 t V z s SSS, 70 Weld County Planning Dept. JUL 3 1 1996 RECEIVED 962147 It 6 CLERK TO THE BOARD PHONE (970)356-4000, EXT.4218 FAX: (970)352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO February 27, 1997 Eugene Habrock Habrock Development Corporation 11257 Ponderosa Trail Windsor, CO 80550 RE: Release of Collateral Dear Mr. Habrock: On December 2, 1996, the Board of County Commissioners approved the release of Maintenance Bond #JP4640 issued by St. Paul Fire and Marine Insurance Company. A copy of the Board's Resolution is enclosed, with the original Bond. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, Carol Harding Office Manager End. q &NI Sit a D o)1\ MAINTENANCE BOND Bond JP 46'6 KNOW ALL BY THESE PRESENTS,That we, HABROCK DEVELOPMENT CORPORATION /01O \ as Principal,and ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized under the laws of the State of MINNESOTA an duly authorized to do business in the State of COLORADO ,as Surety,are hel and fir y bo nd unto OARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO , as Obligee, in the penal sum of E I GHT THOUSAND FIVE HUN RED FIFT FIVE AND 70/ 100 (S 6,555.70 ). to which payment well and truly to be made we do bind our es, our an each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presen/ WHEREAS, the said Principal entered into a Contrac with the// ` BOARD OF COUNTY COMAISSIONERS OF LD COUN Y,COLORADO dated MARCH 14, 1994 for WILLOW SPRINGS ESTATES (PRIVATE R'AD M N ENANCE) INCLUDING: STREET GRADING, STREET BASE, STREET PAVING, RETENTION PON S - / NOW, THEREFORE, THE CONDITI N OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any def ve materials or workmanship which become apparent during the period of ONE year(s) fo owing completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided ho ve , any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, d the Surety assumes no liability for such a guarantee. Signed,sealed and d !d tiis 30TH day of JANUARY . 19 g(3 • HABROCK DEVELOPMENT CORPORATION (Seal) / D 2zoç S� ST. FIRE AND NE INSURA E CO NY By i D I L NN GUE Attorney-in-Fact SG-S43/EP 4/00 PRINTED IN U.S.A. 9ua-/ 't se/B ST.PAWL FIRE AND MARINE INSURANCE COW ANY CERTIFICATE OF Surety )Washington Street,St.Paul,Minnesota 55 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 1883-8 5 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 Guern, Pamela J. Hansen, Lisa M. Iceffler, Catherine S. Bunt, Bruce H. Lowdermilk, Jeanne M. Sikkens of Denver, Co; Jeffrey L. Broyles, Rae L. Campbell, Michael D. Pierce, of Ft. Collins, Co; Ann J. Mitchell of Longmont, Co; indvidtlally • 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 SOM OF TWENTY-FIVE MILLION 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 J‘.oat 4 4 seal to be affixed by its authorized officer,this 30th day of November,A.D. 1990. ST.PAUL FIRE AND MARINE INSURANCE COMPANY 4.: 4\17 s%A* ` '' o' STATE OF NEW JERSEY In. t,AMNCF County of Somerset MICHAEL B.ICEEGAN,Secretary On this 10th day of NOVe1Bbel ,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 St.Paul Fire and Marine Insurance Company; that the seal affixedto 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 tua:r day and year first above written. -- 3 acn rleuc toe 9 LINDA SM ,Notary Public,Middlesex,NJ My Commission Expires December 16,1996 CERTIFICATION I,the undersigned officer of SL 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. xA ft IN TESTIMONY WHEREOF,I have hereunto set my hand this ,t1•,ryrw■\\Yr! As •o �c+co. 30th day of January 19 96 MICHAEL W.A 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. 29550 Rev. 1-95 Printed in U.S.A. Hello