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HomeMy WebLinkAbout20242254.tiffRESOLUTION RE: ACCEPT FULL RELEASE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR19-0063 - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL RESOURCES, 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, on January 15, 2020, the Weld County Board of Commissioners approved the application of Lazy Two Ranch, LLC, 1035 37th Avenue, Greeley, Colorado 80634, and Duane and Lynn Ross, 10375 County Road 118, Carr, Colorado 80612, c/o Connell Resources, Inc., 7785 Highland Meadows Parkway, #100, Fort Collins, Colorado 80528, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0063, for Open Mining (sand, gravel and stone) and processing of minerals, including a portable concrete and asphalt batch plant, mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage and employee parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 SW1/4 and NW1/4, W1/2 SW1/4 of Section 11, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 11, 2022, the Board approved an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc., with further terms and conditions being as stated in said agreement, and WHEREAS, additionally on April 11, 2022, the Board accepted project collateral in the form of Performance Bond #107519500 issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $474,801.50, and WHEREAS, on March 13, 2024, the Board approved warranty collateral in the form of a Bond Rider #107519500, issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, thereby reducing the amount of collateral to be retained as warranty collateral as related to off -site safety improvements, from $474,801.50 to $71,220.22, and CC :QL Oatimw/bA/OA/STM/KRMO) oq /11/2N 2024-2254 PL2729 FULL RELEASE OF WARRANTY COLLATERAL (USR19-0063) - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, CIO CONNELL RESOURCES, INC. PAGE 2 WHEREAS, the Department of Planning Services received a request from the applicant, Kevin Anderson, Connell Resources, Inc., requesting the Board of County Commissioners release the warranty collateral for Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc., in the form of Bond Rider #107519500, issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, that reduced the amount of Performance Bond #107519500, from $474,801.50 to $71,220.22, for the two (2) year warranty period that ended on August 11, 2024, and WHEREAS, upon recommendation of staff from the Weld County Departments of Public Works and Planning Services that conducted a final site inspection, the Board deems it advisable to release said warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the amount of $71,220.22, procured in the form of a Bond Rider which is attached to and forms a part of Performance Bond #107519500, for Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc., issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, be, and hereby is, released. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY.-GSLOR*DO ATTEST: Weld County Clerk to the Board BY( .O66 � k Deputy Clerk to the Board County A' rney Date of signature: 0 Kew. Ross, Chair erry L. Sck, Pro-Tem 2024-2254 PL2729 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for: Lazy Two Ranch, LLC and Duane and Lynn Ross, c/o Connell Resources, Inc. — USR19-0063 DEPARTMENT: Planning Services DATE: August 13, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemlissue: The Department of Planning Services received a request from Connell Resources, Inc., requesting that the Board of County Commissioners release the currently held warranty collateral for Lazy Two Ranch, LLC and Duane and Lynn Ross, do Connell Resources, LLC in the amount of $71,220;22. No further collateral is required to be held. The two-year warranty period concluded on August 11'r, 2024. Public Works completed a final warranty inspection and supports the release of warranty collateral. The Road Maintenance portion of the Agreement will remain in effect for the life of USR19-0063. Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2022-101, have been completed and are found to be acceptable. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing Rem be placed on the next available agenda as pad of the Regular Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral List: Lazy Two Ranch, LLC and Duane and Lynn Ross, c/o Connell Resources, Inc. USR19-0063, (PL2729, #2022-1071) Improvements and Road Maintenance Agreement Approved 04/11/2022 —Contract ID 5709 Performance Bond #107519500 issued through Travelers Casualty and Surety Company of America on behalf of Connell Resources, Inc 8474,801.50 Approved 03/13/24, Contract ID #7853 Rider #107519500 to be attached to Performance Bond #107519500, Changing the bond amount from $474,801.50 to $71,220.22 - 403,581.28 $ 71,220.22 Consequences: • There are no consequences for the County by supporting the recommendation as the developer has completed their warranty obligations and USR19-0063 is still bound by the terms of the Road Maintenance portion of the agreement. Impacts: • Traffic related to the new development warrants the requirement of certain safety improvements and new development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • No direct costs for the County by supporting the recommendation. Recommendation: Option 2. The Departments of Planning Services and Public Works are recommending approval of the full release of warranty collateral for Lazy Two Ranch, LLC and Duane and Lynn Ross, c/o Connell Resources, Inc. — USR19-0063 and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation chedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine DA F- C'Uv 2024-2254 $/2 Co PLZ-12c1 Jazmyn Trujillo Martinez From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Kevin Anderson <kanderson@connellresources.com> > Thursday, August 1, 2024 1:42 PM Jazmyn Trujillo Martinez FW: Connell Resources, Inc. - Bond No. 107519500 - Subdivision Bond 20240636 - Recorded Warranty Reduction USR19-0063.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jazmyn, I hope your staying out of the heat and the wildfires! See the string of emails below. Your request was that we request a final inspection walk through after the warranty period is up which is August 11. What's the best way to accomplish this? Kevin D. Anderson Connell Resources Inc. Aggregate and Asphalt Manager kanderson@connellresources.com Office Phone 970 223-3151 Cell Phone 970 21 4-1 601 From: Jennifer Lindblad <jlindblad@connellresources.com> Sent: Thursday, August 1, 2024 8:17 AM To: Kevin Anderson <kanderson@connellresources.com> Cc: John Warren <jwarren@connellresources.com> Subject: FW: Connell Resources, Inc. - Bond No. 107519500 - Subdivision Bond Kevin, Just a reminder to schedule the final walk through so we can get our warranty bond released. Please let me know when this is completed. REGARDS, JENNIFER L INDBLAD PROJECT DEVELOPMENT MANAGER CEINNELL WWW.CON NELLRESOURcES.CQM jlindblad ac connellresources.com 7785 HIGHLAND MEADOWS PKWY. # 100 1 4 USR19-0063 Final Warranty Inspection Friday, August 2, 2O24 11:00 AM Inspector: Ryan Sinatra 48 Hour Notice: Not Applicable No Yes • Date: • Provided by: Contractor: Connell Resources Contractor Superintendent (PIC) Today: Approx Number of Employees: Sub-Contractor(s) and Approx Number of Employees: Weather: 90 Degrees, Sunny. Checklist Items: ra u Traffic Control Roadway Outside Roadway Tracking Pad Appurtenance Compaction Reseeding Markers Load Tickets Project Notes Weld County Inspection Report Equipment in use: Indicate how many if more than one. (NOTE: if not attributed to a contractor assume General Contractor) L1 L] fI L None Loader Grader Excavator Mini -Ex Skid Steer Scraper Backhoe Dozer Water Truck Tandem Haul Truck Sheepsfoot Drum Roller Rubber Tire Vacuum Truck Telehandler Street Sweeper Pump Truck Concrete Truck Project Conditions Preconstruction Normal Final Outside Normal Hours: Not Started In Progress Complete Warranty L r Template 4 Page 1 • This is a final Warranty inspection of USR19-0063, or the Lazy Two Ranch LLC. This included the paving of County Road 21 from County Road 124 to County Road 126, along with some roadside swales and culverts. • Paving, as well as striping along County Road 21, observed to be completed well and in excellent condition. • All signage in place per county approved construction plans. • 15" RCP for Storm Drains C through G in place, as well as 12" Aluminized CMP for Storm Drains A & B. • Based on current observations, release of warranty collateral is recommended. Photos 02Aug24 10:44 Ad -hoc 1111 M St. Greolo CO 80631. US o 02 -Au •24 10:44:22 Template 4 Page 2 02Aug24 10:44 Ad -hot: • �� �: tfi • 9604 Warner Ave, C r bU'84612, US 0 02 -Au t -124.1V:44:3.7 a I • • ••r • so .0. • • • • r •• •• •. i • • • • • 4 r •-•• f b' • • • - I• + a . . vI • • • • ' . • 1 t . iiiiiiiiimiski.:., , !; • Template 4 Page 5 pact---"#.4asillamt. Template 4 Page 6 RESOLUTION RE: APPROVE PARTIAL RELEASE OF COLLATERAL, ACCEPT WARRANTY COLLATERAL, AND AUTHORIZE CHAIR TO SIGN FOR USE BY SPECIAL REVIEW PERMIT, USR19-0063 - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL RESOURCES, 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, on January 15, 2020, the Weld County Board of Commissioners approved the application of Lazy Two Ranch, LLC, 1035 37th Avenue, Greeley, Colorado 80634, and Duane and Lynn Ross, 10375 County Road 118, Carr, Colorado 80612, c/o Connell Resources, LLC, 7785 Highland Meadows Parkway, #100, Fort Collins, Colorado 80528, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0063, for Open Mining (sand, gravel and stone) and processing of minerals, including a portable concrete and asphalt batch plant, mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage and employee parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 SW1/4 and NW1/4, W1/2 SW1/4 of Section 11, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 11, 2022, pursuant to certain Conditions of Approval, the Board accepted an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc., with further terms and conditions being as stated in said agreement, to include collateral in the form of Performance Bond #107519500 issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $474,801.50, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend a partial release of said collateral by accepting a Bond Rider to be attached to and form a part of Performance Bond #107519500, thereby reducing the amount of collateral to be retained as warranty collateral as related to offsite safety improvements, from $474,801.50 to $71,220.22, and WHEREAS, after review, the Board deems it advisable to accept said warranty collateral in the form of a Bond Rider as stated above, copies of which are attached hereto and incorporated herein by reference. 4950976 Pages: 1 of 2 03/26/2624 12:25 PM R Fee:$0.06 Cult' Kappa., Clerk and Recorder, Weld County , CO Ellt�N�� lhu l �hAti I' MICIII!III.I141Ik 11111 ea pulauecoe/ssW.00,. l o) 2024-0636 off /i2/.2.1 PL2729 PARIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL (USR19-0063) - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL RESOURCES, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that project collateral in the form of Performance Bond #107519500 through Travelers Casualty and Surety Company of America, in the amount of $474,801.50, be, and hereby is, reduced, and that warranty collateral in the form of a Bond Rider, attached to Performance Bond #107519500 through Travelers Casualty and Surety Company of America, in the amount of $71,220.22, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Bond Rider. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 2024. BOARD OF COU MISSIONERS WELD COU , COLORA ATTEST: W.s +AJ jefid k Weld County Clerk to the Board MOPS Pages: : 2 of 2 113/25,21124 12:24 PM R Car1Y KORp��. Ci�rk Y1d R�oord�r, Mild Cew+tY � X1111 11 �it�l 4�� �itr'M�+Ilti�il till 2024-0636 PL2729 ID BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Partial Releese of Collateral through Acceptance of Warranty Cdlaterol Bond Rider for: Lay Two Ranch, LLC, and Duane and Lynn Ross, do Conra0 Resources, Inc- USR19-0083 DEPARTMENT: Planning Services DATE: February 13, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez B. description of the problem/Issue; The Department of Churning Demises received a request horn Connell Resources, Inc, raquesting that the Board of County Commissioners accept the Warranty Collateral for Lary Two Renck, LLC, and Duane and Lynn Ross. do Gorman Resources, Inc in the amount of $71220.22. Project Collateral in the oselaht of $474,801.50 Is aareney being held in the faro of s Performance Bond and Warranty CO1IMer., wlil be held in the form of a Bond Rider to be attached to the orlginar Bond Number 107519500 kith. amount of $71.22O.22 and us required to be held for the duration of the Nib -year warranty period Mi. began on August 11th, 2022. Weld County Planning Services and Public Waks Departments performed a site inspection, at the above -mentioned site, and observed the following: • Ad items on Exhibit C, of the improvements Agreement According to Polley Repotting Collateral for Improvements Document Tyler *2022.1071, have been completed and ere found to be acceptable. • County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements end recommends this partial release of collateral. What option Wet for the Board? (Include eontaqueneee, tmpaete, poets, etc. of options): 1. Have this BOCC Hearing gem be placed on the next available agenda as pert of the Regular Agenda. 2. Have this BOCC Hearing Nem be placed on Behnext avaikble agenda as pert of the Regular Agenda. 3. Have this BOCC Hesdng Item not placed on the nazi available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral Uat Lay Two Ranch, LLC and Owns and Lynn Roes, do Connell Resources, Inc. USR19.0083, (PL2729, *2022.1071) Improvements and Road MaNMerianeb Agreement Approved 04/11/2022 — Contract ID 57O9 Performance Bond 0107519500 Wowed through Travelers Casualty end Surety Company of America on behaS of Connell Resources; Inc 1)474,801.50 Consequences: • The new development can pay their way for the improvements required by the -nevi development on the County Roadways. Of the County will be required to pay for the improvements required by the new development. Impacts: • Tad!. related to the new development warrants the requirement of certain safety improvements and new development wth high traffic volumes Impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Cpab (Current Fieeet Yew./ Ongoing or Subsequent Fiscal Yaen): • County vrili hold Warranty Collateral should the County need to draw on it in order to complete the work required. No direct costs for the Couny by suppoAing the recommendation. Recommendation: The DepartmeTle of Ptenning Services, Public Wbrlu, and the County Attorney's Mice are recommending approval of the partal release of Colleterel through acceptance of Warranty t.ngaterel Bond Rider for Lazy Two Rands, LLC, and Damn end Lynn Rae, c/o Connell Resources, Inc — USR19.0083. Support Recommendation Schedule Place oe BOCC Agenda y ork Session Other/Comments: Perry L. Buck, Pm -Tern Mike Freeman Scott K. James Kevin D, Ross, Chair Lori Saint, 313 m` 2024-0636 PL2129 CENNELL Connell Resources Inc. 7785 Highland Meadows Pkwy., 6100 Fort Collins, CO 80528 Tel 970/223-3151 Fax 970/223-3191 To: Development Review Weld County Planning Services 1402 N 17th Avenue Greeley, CO 80631 (970) 400-3736 Attu: Ms. Dawn R Anderson Letter of Transmittal Date: February 7, 2024 Job No. 2211007 Re: USR19-0063 - Lazy Two Ranch, LLC WE ARE SENDING YOU: m Attached ❑ Under separate cover ❑ via overnight mail/reeular mall/Dick so the following items: SIIB. AGREE. PLANS BOND COPY OF LETTER CHANGE ORDER SAMPLES SPECIFICATIONS SUBMITTAL X COPIES DATE NO. DESCRIPTION 2 02/06/24 1 Performance Bond Rider — USR19-0063 Reducing Bond THESE ARE TRANSMITTED as checked below: ❑ For approval O Approved as submitted O Resubmit _ copies for approval Q For signature O For your use O Approved as noted O Submit copies for distribution ❑As requested O Returned for corrections 0 Return 1 original for our records ❑ For review and comment n FOR BIDS DUE 20 U PRINTS RETURNED AFTER LOAN TO US REMARKS: Enclosed please find 2 original bond riders reducing the bond premium for the Lazy Two Ranch, LLC project. USR 19-0063. Please sign and return l original for our records. Copies to: File signatureJennifer nifer Lindblad If enclosures are not as noted, kindly note us at once. January 31, 2024 DEPARTMENT OF PLANNING SERVICES DEVELOPMENT REVIEW DIVISION 1402 N. 17T" AVENUE GREELEY, CO 80631 E -Mail: dranderson@weid.ggy PHONE: (970) 400-3736 Mr. John Warren Connell Resources 7785 Highland Meadows Parkway #100 Fort Collins, CO 80528 Mr. Warren, This letter shall serve as notification for your two-year warranty commencement date of August 11, 2022, for safety improvements to the Weld County Road 21. These improvements were required prior to operations for approved land use case USR19-0063, Lazy 2 Ranch LLC. It will be the responsibility of the developer/owner to contact Weld County Planning Services Department prior to August 11, 2024, for a final walkthrough In advance of warranty release. Feel free to contact me with any additional questions at dranderson@weld.eov or 970-400-3736. Sincerely, • Dawn R. Anderson Development Review Manager TRAVELERST RIDER Travelers Causally and Surety Company of America One Tower Square, Hartford, CT 06183 License No. N/A To be attached to and form part of Bond No. 107519500 Issued on behalf of Co■s.B Resources, toe. as Principal, and in favor of as Obligee. Board of Cooney Commissioners of Weld Comity, Colorado It is agreed that: 0 I. The Surety hereby gives its consent to change the Name: from: to: 0 2. The Surety hereby gives its consent to change the Address: from: to: ® 3. The Surety hereby gives its consent to change the hood amount from: 5474,80150 to: s71,220.n This rider shall become effective as of 08/11/2022 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated 02/06/2024 Travelers Costa. and Sorely Common of Askrip, • • : K' se E. Vogel Attomey-in-Fact Accepted: ...a dc... ca...a. or Can R.. ...Inc. Obli By: By: Kevin D. Ross, Chair MAR 1 3 2024 John M. Warren, President S-4111 (8/66) �Oa�, DG36.(v) TRAVELERS? Travelers Casualty and Surely Company of America Travelers Casualty and Surety Company St Paul Fire and Marine Insurance Company Farminyt3Rn Cannalty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of Arsenal, Travelers Casualty and Surety Company, St Paul Fire and Marro Msurenoe Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (fereh ooradlvely caged the Tompaniesi, and that the Companies do hereby make, constitute and appoint Gana L Adams, Ashley K. Anderson, Barbara J. Arnold, Timothy J. Blanchard, Lynn Christine Beaman, Mary Ann Enafeh, VW. Gobble, Andrew P Walters, Nikki M. Olwbrucksr, Terri L Roe., Robert Charles Tones, Christina L Townsend, MAnre E Vogel, Moor Lea McGuire, and Jennifer J. Walker of Danner, Colorado, Rteir true and tsoTd AttomeyarnFact to Agn,execute, seal and acknowledge any end all bonds, rek rkizanoes, conditional undertakings and otlherwthings obligatory in the nature thereof on behalf of the Companies in t nd business of guaranteeing the fidelity of persons, guararkteethg the perfomvance of cantrstys and executing or guaranteeing bonds and im.rtaldngs required or permitted in any actions n proceedings aSowed by law, Incudi g the foeowing bond: Surely Bond No.: 107519500 OR P.cipal: Connell Resources, Inc. Protect Description: Obtigae: Weld County IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of Apr/, 2021. State of Connecticut City of Hartford se. By: L. Ran _ - : for Vice President On this the 21st day of Aprl, 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Sensor Vice PreskdeM of each of the Companies, and that he, as such, being authorized so to ode, executed the foregoing instrument for the purposes therein contained by signing on bend of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 4,4 owik, Notary Public This Power of Attorney is granted under and by pre authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions ere now in full force and effect, reading as follows RESOLVED, that the Chairmen. the President, any Vice Chairman, any Execu.e Vie President any Senor Vice President, try Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to ad for end on behalf of the Company and may give such appointee such authority as his on her car iflcate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizanoas, con.. of kdennily, and other wrings obigatory ic the maims of a bond. recognizance, or cordi0onal undertaking, and any of said officers or the Board of Diedors at any time may remove any such appokdee and revoke the power given him or her; and i is FURTHER RESOLVED, that the Chairman, the ',midst., any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Preatdent may delegate all or any part of the toregohg athbofty to one or more officers a employees of this Company, provided that each such delegation is in chirp and soapy thereof is fled in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of kdemnity, or wntang obligatory th the nature of a bond, recognizance, or conditional undertaking shall be vsltd and binding upon the Company when (a) signed by the President, any Vie Chairman, any Exeadlve Vice President, any Senior Vice PreekdsM or any Vice President, any Second Vie President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Antonym' Secretary and duly attested ad sealed with fro Company's neat by a Secretary or Assistant Secretary; or (b) duly executed (under seat, if required) by one or more Atfomeys-arFact and Agents pursuant to the power prescriced M his or her certificate or their certificates of authoty or by one or more Company Often pursued to a written delegation of authority: and it is FURTHER RESOLVED. that the signature of each of the folbwtng officers: President any Executive Vice President, any Senior V. President, any Vice President, any Assistant Vice President any Secretary, any Assistant Secretary, and the seal of is Company may be affixed by facximbe b env Pump of Atunhwy tr bo any certificate relating thereto appointing Resident Von Presidents, Resident Assistant Secretaries of AltomeystItt Fad for purposes only of executing and attesbkg bands and undertakYga and otherf5*b gs obligatory in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or faosinlle seat shell be valid *Minding upon the Company and any sock power so executed and certified by such facsimile signature and .simile seal AWN va8d and bttl tg tiittilli Cenpany In the future with respect to any bond or understanding ding to which It Is attached. "': 3{'t I, Kevin E. Hughes, the undersigned, Assistant Secretary of sash ofge'Cornpattee, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which fernallisl '9IIY f oWe and effect. Dated this 6th day of February 2024 £LH55hnSsodsp To verify the authenticity of this Power blAttorney, please call us at 1-888-42fJ880. Please refer to the above -named Attorney -hp -Fact and the details of the bond to which this Power of Attorney Is attached 1861 October 17, 2024 Connell Resources, Inc. Attn: Jennifer Lindblad - jlindblad@conneliresources.com Attn: Kevin Anderson - kanderson@connellresources.com RE: Full Release of Warranty Collateral Performance Bond and Bond Rider #107519500 - USR19-0063 Connell Resources, Inc. Dear Jennifer and Kevin: CLERK TO THE BOARD PHONE (970)400-4212 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Enclosed please find copies of the letter to the insurance company and the released Performance Bond and Bond Rider #107519500 and a copy of the Board of County Commissioner's Resolution, dated August 26, 2024, authorizing the release of the Performance Bond and Bond Rider held as collateral in the amount of $71,220.22 for USR19-0063. If you have any questions, please contact me at (970) 400-4212, or email me at jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2729 October 17, 2024 Travelers Casualty and Surety Company of America Attn: Performance Bonds Department One Tower Square Hartford, CT 06183 RE: Release Performance Bond and Bond Rider #107519500 — USR19-0063 Connell Resources, Inc. Performance Bonds Department: Enclosed please find the released Performance Bond and Bond copy of the Board of County Commissioner's Resolution, dated August release of the Performance Bond and Bond Rider #107519500 held as amount of $71,220.22 for the above referenced case. CLERK TO THE BOARD PHONE: (970)400-4212 FAX: (970) 336-7233 1150 0 STREET P. O. BOX 758 GREELEY, CO 80632 Rider #107519500 and a 26, 2024, authorizing the warranty collateral in the. If you have any questions, please contact me at (970) 400-4212, or email jreid@weld.gov. Respectfully, �- e Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2729 C7 Cr CI CJ a 11• r1 0 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com' FICI Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) El Return Receipt (hardcopy) $ o Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ O Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees t a A t al - Lk Postmark Here a:tTo Street and Apt. No., or Pb x No. G'ktate Z ,dry -or c)► C O .l: PS Form 3800, A • ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: acto.NckeA s C oorNa $\ks city Cov'n9CY\\%4 OS Pavo tcc. Mt Nn'. pu wAovAcQ, C% flak S O v-st.. To watt S RL)--cor� \-{o.r sccoca, C�C Olo k i IIIIIIIIII IIID IMO i i 9590 9402 6113 0209 7530 38 i 2. Article Number (Transfer from service label) dial 197❑ ❑❑E-0 . 909 7 fl-9❑9 PS Form 3811, July 2015 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY ignature ate r) D. Is delivery address differ If YES, enter delivery addre ❑ Agent ❑ Addressee C. Date of Delivery 11 Yes 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail U Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery .O Return Receipt for Merchandise El Signature Confirmation" U Signature Confirmation Restricted Delivery Domestic Return Receipt TRAVELERr To be Travelers Casualty and Surety Company of America/ One Tower Square, Hanford, CT 0618 License No. RIDER ad to and f part of Bond No, 1,► �,,, Issued on be r of Cana Itattistil Board of Coe , Cf:I . doers of Wel It is agreed 1. The Surety heres eves l from: to: r 0 2. The Surety hereby gives`consent to change the Adder ... from: COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: tO'ti•l4 I1,, and in favor of sass s Obligee. to: lJ 3. The Surety hereby gives its cons change ihe bend &ate: $474,01.50 to: ni This rider shall become effective as of PROVIDED, however, that the llsbilit r ofthe Surety nnhthe attached bond as than cumulative. Signed, sealed and dated Accepted: Ord of c Con arsior add ��, Colorises,ado By: s ' a an E. Vogel Attorney` -in -Fact or c Kevin D. Ross, Chair MAR 1 3 2024 John M. vwe_President S4111�/66) by this rider shall not be X000 a` 4 i,c 1' tris p S F ■ a r 024.... O );496, lb Colorado, their true and lawful Attorney -in -f other writings obligatory' ip the nature thereof performance of contracts end executing or g including the following bo Surety Bond No.: \07519500 OR Project Description: \ IN WITNESS WHEREOF, the Cololpanies t 2021. State of Connecticut City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged hims of the Companies, and that he, as such, being author‘ so to do, executed the foregoing instrument for the p behalf of said Companies by himself as a duly authoriz officer. / IN WITNESS WHEREOF, I hereunto set my hand and f icial seal. My Commission expires the 30th day of June, 2026 TRAVELERSt Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company Ste Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL kteN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Pa Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connect (herein collectively called the *Companies"), and that the Companies do hereby make, constitute and appoint Donna L. Adams, Ashley K. Anderso Barbara J. Arnold, Timothy J. Blanchard, Lynn Christine Bosman, Mary Ann Eurich, Vickie Golobic, Andrew P Waiters, Nikki M. Mosbruc r, Terri L. Reese, Robert Charles Torrent, Chrgems grossiuminatlitiAnne C Veinal Mint i. no Mefl11;r& and Jennifer J. Walker of Denver, anal undertaking - and s, guaranteein: the Sings all• _ • y law, COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: t ten ti- at+ I by: By: ix : • , this 21st day of April, obert L. ' aney s: enior Vice President to be the Senior Vice President of each es therein contained by signing on na P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the Bowing resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any xecutivp Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpo = to Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appoint. -'such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogn . es, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said office, or th : = • . rd of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any V' Chairman, any cutive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority t one or more officers or e ' ployees of this Company, provided that each such delegation is in writing and a copy thereof is Ned in the office of the Seer ry; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligat+ in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, a Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any As. 'scant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed 4<rith the Company's seal by a Secretary or Assis • t Secretary; or (b) duly executed (under seal, if required) by one or more Attommeys-in-Fad and gents pursuant to the power prescribed in his or her ce to or their certificates of authority or by one or more Company officers pursuant to a writt delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice sident, any Senior Vice President, any Vice President, any Assistant Vice PreOdent, any Secretary, any Assistant Secretary, and the seal of the Corn • ny may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assista - retaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, , • any such Power of Attorney or certificate bearing such facsimile /Signature or facsimile seal shall be valid and binding upon the Company and any such ower so executed and certified by such facsimile signature aud facsimile seal shall be valid and binding on the Company in the future with respect to y bond or understanding to which it is attached. C I, Kevin E. Hughes, the un ersigned, Assistant Secretary of eacha#, do hereby certify that the above and forego g is a true and correct copy of the Power of Atto ey executed by said Companies, which . • f and effect. Dated this 6th day February , 2024 . 7 I It,. bae WU- - I: i • tem evin E. Hughes, Assis ant Secretary To verify the authenticity of this Power of Attorney, please call us at 14004214880. Please refer to the above -named AttorneysinrFact and the details of the bond to which this Power of Attorney Is attached. Q HUB 3(151202Z\ {7 Weld Cour, 1150 0 Street E Greeley. CO 80632 RE: Corrnetl Ftaeourcee.Inc. Bond No.: 107519600 Project: Veld County Road 21 : Two WCR 21 Improvements Subdivision Bond - ' • it No. USR1 S. Bond Amount $414,801.50 HUB International Colorado 2000 S. Colorado Blvd., Tower II, Suite 150 Denver, 00 80222 Toil Free: (888} 795-0300 hubrnternat[onal com COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: by es To Whom It May Concern: As the contact for this project has not\yet been dated, this letter is to inform you that you have the authority to insert the Contact Date on the above mentioned bond and Power of Attorney. Please remember the signed and sealed date indicated op the bonds cannot be prior to the =tract date. The date must be on or after the contract date. Tie date on the Power of Attorney must also match the signed and sealed date of the bond. Feel free tp contact me directly should you have any question Respectfully, 0 HUB Christina L. Townsend AVP, Surety Mont Executive HUB Interpational Colorado Office: 318-884-0723 Mobile: 719-258-0421 Toll -fir: 800-748-2400 Fpx: 866-2904290 ns(1, si - n I a PERFORMANCE BOND FOR BOARD OF COUNTY COMMUSIONIRS OF MILD COUNTY, COLORADO KNOW ALL PERScus (add- s) 7785 High Ululate jiability c of Colorado , wit Parkway, 4100, Fort surety) Tra elers C Tower Squar Hart bound unto Bo d of County, Colorado Hundred Seventy )(JUL ($ 474, 801.50 ) , lawful money of the United States for the pa truly made, we bind ourselves, our heirs, administrators, jointly and severally firmly by these presents, AY_ THERE eersempe that f.n. mal COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: Bond No, 10751 « DD reinnall Resources Inc, ., a (co - oration, wawa o the State Hi * h nd Meadows 11", and (name of 99.*f surety) One eld and firmly n behalf of Weld nal sum of Four UQi_: r u and Fifty Cents nt of which well and ccessors and assigns, WHEREAS, the abov bound Principal has obtained or A about to obtain from the ir Obligee a land use permit,, namely (insert the specific armit and number - USR, SPR etc.) t7SR19-0063 , and p suant to the requirements o said permit, has entered into an improvements Agreement, steel 40001,01 , with Ob igee, and WHEREAS, The Irprovement 7 ,greement requires rincipal to obtain a performance bond in an amount equal to the otal cost of the mproveme►nts for which Principal is responsible and naming Obligee as''eneficiary, a WHEREAS, the value of improvem �.. arts for wh ch Principal is responsible equals Four Hundred Seventy Four Thousand Eight Hundred Ope Dollars & Fifty`nts, ($ 474,801.50 ), and WHEREAS, at completion of the Pro ect Collateral phase of the Agreement, the amount of this Bond shall be reduced, by, icier, to 15% of the original amount throughout the Warranty Collateral phase of the Bpind, an0 shall be held in total by the County for two (2) years following its written pfcceptanceof the improvement(s). NOW, THEREFORE, THE CONDITION OF /THIS OBLIGATION Is SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth/in the Improvements Agreement, and if Principal shall satisfy all claims and dem and save harmless Obligee Principal's failure to outlay and expense w obligation shall be ds set forth in said agr rorn all costs and damages erform as agreed, and shall re alt Obligee may incur in making 11 and void; merit, and shall fully indemnify ich it may suffer by reason of mburse and repay Obligee all €god any default, then this PROVIDED FURTHER, ghat if Principal shall default in any of i s obligations set forth in the Improveme is Agreement, and thereafter fail to fully inde ify and save harmless Obligee from al costs and damages which it may suffer by reason f said default, this obligation sh 1 remain in full force and effect; PROVIDED FTfTHER, regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumdletive in amounts from period to period and shall in no event exceed the amount set forthabove, o as amended by rider; / PROV bED FURTHER, that Surety, for value received hereby stipulates and agree that no cha ► ; e, extension of time, alteration or addition to the terms of the Impr * einents A- eement to the work to be performed thereunder, shall in any way affect its obl ig t ions alb '' IV CI on is bond, and it does hereby waive notice of any such change, extension of time, alts tion or addition to the terms of the Improvements Agreement, OVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew anrtt lly automat i that Prin ipal sh undertakin , cow and any a xt s i ors Surety. The parties to Agreement, Ob11g� by Performance Bond rating of Surety by ally, Irririna sae 45OE th4 a COLLATEFtA1, RELEASED NO LONGER REQUIRED by Board of Weld county Commissioners date: kiemui73 t j 1 its release by Obligee, to gua &ntee Opp Clerk to the Boa Melt rails nelow is, and all,of the cvements A9teement, without;enotice to VELLA (onaq obtain a different tt74 event that the L d LS LSy . IN WITNESS WHEREOF, t s instrument is execu din four (4 which shall be deemed original, this � day of L Principal Secfetary/witne Margie Lewis, Assistant Secretary 7785 Hi hi Meadows Pkw #100 Fort Adckee 0 ,�����ziectecpat,� eest, ra % ?tic fp 11) i ;::, 44644 K' i A g '%, witnes''$I 1'%)ety the,' Improvements r counterparts, each one of Connell Res * roes , trig . (PRINCIPA By: Nam= rnd Title John M. Warren', President l/ 7785 Hi%hland Meadows Pkwy, #100 Fort llins, CO 80528 Address Travelers Casual and Surety Company of America (SURETY) By: Christina L. To r n Attorney -in -Fact 2000 S. Colorado Blvd, 'over 2, #150 One Tower_Square Square _ Hartford, CT 06183 Address d sty Real; PI ? se sib< erie: I Lts f °nog sr ft.: ' la R :ty' company executing bond must appear on the Treasury Dep tment' a most * #e. rent klifteiCircular ,b orado, 570 as amended) and be authorized i� o transact act bus e s s in the 145%,e4. Bon mart be accompanied with Attorney -in Fact's ce Stied to include the date of the bond. sdezoK,alitL authority from the surety `gorapany TRAVELERS] Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW kLL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and FarmingtonCasualty Company are corporations duly organized under the laws of the State of Connecticut F e I sura ce C.o pa y, gt �Y P Y � r9 (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Donna L. Adams, Ashley K. Anderson, Barbara J. Arnold, Timothy J. Blar - . ' esas a Terri L. Reese, Robert Charles Tos Colorado, their true and lawful Atton other writings obligatory in the naturE performance of contracts and execu including the following bond: Surety Bond No,: 107519€ OR Project Description':, IN WITNESS WHEREOF, the Corn; 2021 State of Connecticut City of Hartford ss. COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: by: JCS lerk to the Board By: ea'alters, Nikki M., Mosbrucker, } J. Walker of Denver, conditional undertakings and persons, guaranteeing the proceedings allowed by law, t -C) -teal a LI reto affixed, this 21st day of April, obert L. Raney enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and! official seal. My Commission expires the 30th day of June, 2026 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: `. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appoiMee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogniiances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, a Vice Chairman, ariy\Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation 9 is in writing and a copy thereof is filed in the office of the Secretary; and it is ` FURTHER RESOLVED, that any bond, recognizance, �ntract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed/with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fad and Agents pursuant to the power prescribed in his or herrertificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature'of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate" relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this /1' 'day of % f 2022 evin E. Hughes, Assts ant Secn evin E. Assis ant Secretary c ea erify th�eiatithenticity of this Power of Attorney, please call us at 1-800421-3880. Please retet tD the -give-namecrAttorney-in-Fact and the details of the bond to which this Power of Attorney is attached. r, = ,Mir j toes wills'. Hello