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Home My WebLink About950083.tiff RESOLUTION RE: APPROVE REQUEST FROM GATEWAY DEVELOPMENT, INC., FOR RELEASE OF COLLATERAL FOR AMENDED USR#933 -CONSOLIDATED FREIGHTWAYS 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 February 25, 1991, the Board did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements with Consolidated Freightways concerning property which is located in part of the N 1/2 of Section 19, Township 11 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said agreement, Site Reclamation Bond Number 400-JD-7603, through St. Paul Fire and Marine Insurance Company, in the amount of$1,200.00, was submitted to Weld County, and WHEREAS, Michael J. Nelson, Vice President of Gateway Development, Inc., on behalf of his client Consolidated Freightways, has presented the Board with a request for release of said collateral for completion of the site reclamation, and WHEREAS, after study and review, and based upon the recommendations from the Departments of Planning Services and Public Works, the Board deems it advisable to approve said release of collateral in the amount of$1,200.00, to Consolidated Freightways. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Site Reclamation Bond Number 400-JD-7603, through St. Paul Fire and Marine Insurance Company, in the amount of$1,200.00, be, and hereby is, released. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 1995. BOARD OF COUNTY COMMISSIONERS OUNTY, COL/ ' • �O ATTEST: LieMushL�j°` - Dale K. Hall, Chairman I Weld County Clerk to the Board ll 'iLlio til _ ^ n� i; ,n• a J. Kirkmey r, ro-T BY: r --FliP c it C YU 11 L- Deputy Clertio the Board ' Georg Baxter APP S TO FORM: ((2--,7 Constance L. Harbert C ty ttorney g J 4), , ? W. H. Webster 950083 y � n) PL0827 (----- ,...,.. , , , , ,,.. 0 pf '�,• \,, CLERK TO THE BOAR! I� P.O. BOX Te GREELEY,COLORADO 808: k '' (303)358.4000 EXT.42: r- COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the County of Weld. State of Colorado, do hereby certify that the attached Resolution#950066, dated January 18, 1995, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 24th day of January, 1995. Ma CLERK TO THE BOARD BY: %ix_t,-&--/—7/��/Pit—sr DEPUTY CLERK TO THE BOED I II ST. PAUL FIRE AND MARINE 0 INSURANCE COMPANY Property&Lahliry 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 State 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 ( 31 ,200 . 00 ) , fo4 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 FREIGHTWAYS CORPORATION OF DELAWARE • By .5 ST . PAUL FIRE AND MARINE INSURANCE COMPANY By.4. 41 - .yam. ✓.��1. . C.4e—ZG. C/ �7 Muriel M. van Veen Attorney- in-Fact Marsh & McLennan , Inc . Portland , Oregon • a s St PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF VI 385 Washington Street, St. Paul,Minnesota 55102 AUTHORITY NO. • For verification•of the authenticity of this Power of Attorney,you may telephone toll free 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 1 4 7 d 6 L�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 'TWENTY 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 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 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 relatine 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." """""i��w, IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its Fe°jb Fu0.E 6' y�i,� corporate seal to be affixed by its authorized officer,this 20th day of April,A.D. 1990. °?% ST.PAUL FIRE AND MARINE INSURANCE COMPANY " " +'Yq14'4 m= STATE OF MINNESOTA} ss. il `aPa County of Ramsey ) b �i' 0�1( ORoA�NNwc.�`" DAVID LITZKOW, ice President On this 8th day of OCtohc r , 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. \AC IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day Q, s and year first above written. frPfrA %f)'eoutitl 'cr 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. ie10.E b (1 �:A IN TESTIMONY WHEREOF,I have hereunto set my hand this 14th' day of February ,19 91 JEROME H.NOLDIN,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 ficstr. MEMORANDUM TO: Board of County Commissioners January 13, 1995 COLORADO From: Chuck Cunliffe a SUBJECT: Release of Site Reclamation Bond for Amended USR-933 Gateway Development, Inc. on behalf of its client, Consolidated Freightways, is requesting the release a $1,200.00 bond required for site reclamation for USR-933, as amended. The Department of Planning Services has received comments regarding completion of the reclamation of the site in accordance with the Improvements Agreement dated February 25, 1991 for USR-933, as amended. The Department of planning Services' staff recommends release of the $1,200.00 Bond (Number 400-JD-7603). The Weld County Public Works Department has inspected the property and recommends approval of the release of the bond in its memorandum of January 10, 1995. 950083 GATEWAY Gateway Development, Inc. (303) 758-8085 Gateway Commercial Realty FAX (303) 758-8091 Centros Developers 2303 East Dartmouth Avenue Englewood,Colorado 80110 ,rugr6975-‘ January 3, 1995 1\\ JAN 5 1995 The Board of County Commissioners of Weld County Planing % Mr. Chuck Cunliffe Department of Planning Services 1400 N. 17th Ave. Greeley Colorado 80631 Re: USR-933 Site Reclamation Bond Number 400-JD-7603 through St. Paul Fire and Marine Insurance Company Resolution dated February 28, 1991 Dear Board of County Commissioners: On behalf of my Client, Consolidated Freightways, I am requesting that The Board of County Commissioners accept this Statement of Compliance indicating that the applicant has competed the Site Reclamation at the above referenced project in substantial compliance with the Weld County Commissioners Resolution dated February 28, 1991. On behalf of Consolidated Freightways, please consider our request for acceptance of this Statement of Compliance and the release of the applicant' s Bond Number 400-JD- 7603 in the amount of$1,200. If you have anyfurther questions regarding this matter, please contact me at(303) 758- 8085. Sincerely, t y eve opmen nc. Michael J. elson Vice President MEMORAIMU 111111k Chuck Cunliffe COLOAADO To Director of Planning Services Date 1/10/95 From Don Carroll, Administrative Coordinator JJ? SubO.ct: Release of Improvements Agreement, Bond No. 400-JD-7603 Case No. USR-933 At the request of the applicant,I visited the site on WCR 128 and the 1-25 Interchange. The asphalt was extended to the entrance of the Consolidated Freightlines facility, and is in good shape with a small turning apron to the facility. The access turning apron to the facility may be left as it exists. All the light poles and office equipment have been removed from the site. The section of fence by the gate has been removed and replaced with barbed wire. The site was seeded and crimped with hay to complete the reclamation. The old gate and barbed wire that was left adjacent to the opening of the fence has been removed. I have no conflict with releasing the bond on this site. :plan2.dc eiltDirj)-( 11\II JAN 1 1 1995 •,.�411 ainnttlria Hello