HomeMy WebLinkAbout20250412.tiffResolution
Approve Cancellation and Full Release of Warranty Collateral for Use by Special
Review Permit, USR18-0065 — Waste Management Disposal Services of Colorado,
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 September 18, 2019, the Board approved the application of Waste
Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, Colorado
80610, for a Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site
and Facilities, pursuant to Colorado State Statute and as defined and regulated by
Colorado Department of Public Health and Environment, and continued use of existing
facilities: site access, shop, office, scale, scale house, flare, and solid waste management
of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural)
Zone District, on the following described real estate, to wit:
Part of the E1/2 of Section 7 and Lot B of
Recorded Exemption, RECX17-0150; being
part of the NW1/4 of Section 7, Township 7
North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Whereas, on August 3, 2020, the Board of County Commissioners of Weld County,
Colorado, 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, and
Waste Management Disposal Services of Colorado, Inc., with further terms and
conditions being as stated in said agreement, and accepted project collateral, in the form
of Performance Bond #LICX1197283, drawn on the Lexon Insurance Company,
10002 Shelbyville Road, Suite 100, Louisville, Kentucky 40223, in the amount of
$623,247.39, and
Whereas, on June 7, 2023, the Board approved the request of Waste Management
Disposal Services of Colorado, Inc., to release 85% of the project collateral for Use by
Special Review Permit, USR18-0065, in the amount of $623,247.39, and retain warranty
collateral in the amount of $93,487.11, for the duration of the warranty period, and
Whereas, on January 2, 2025, the Department of Planning Services received a request
from Waste Management Disposal Services of Colorado, Inc., to release the warranty
collateral for the two (2) year warranty period that ended on February 7, 2025, and staff
from the Weld County Departments of Public Works and Planning Services have
conducted a visual inspection and recommend release of said collateral, and
Whereas, upon recommendation of staff, the Board deems it advisable to release said
collateral.
5012352 Pages: 1 of 2
02/21/2025 12:18 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
CC: PL(DE/HN/oa/S'rM/KR)
2025-0412
PL2705
Cancellation and Full Release of Warranty Collateral (USR18-0065) —
Waste Management Disposal Services of Colorado, Inc.
Page 2
Now, Therefore, Be It Resolved by the Board of County Commissioners of Weld County,
Colorado, that the currently held warranty collateral, procured in the form of Performance
Bond #LICX1197283, drawn on the Lexon Insurance Company, in the amount of
$93,487.11, be, and hereby is, canceled and 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5012352 Pages 2 of 2
02/21/2025 12:18 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
11111 NU 116 II III
2025-0412
PL2705
Bond No. LICX1197283
RIDER
To be atta d to and form a part of Performance Bond, No. LI« . 197283
dated the 22nd d of 'July , 2020 issued by
LEXON Insurance Corn ny, 10002 Shelbyville Road, Louisville, KY 40223
Waste Management Dispo . Services of Colorado, Inc., 40000 County Road 25, Ault, CO 80
Surety, on behalf of
, as Principal,
in the penal sum of Sic Hundred enty-Three Thousand Two Hundred Forty -Seven a 39/100
Dollars $ 623,247.39 Board of County Commissioner of d County, Colorado
( ), an favor of
In consideration of the premium charged the attached bond, it is hereby ag d that the attached bond be amended as
follows:
This rider will decrease the bon, amount a
Current Bond Amount $623,247.3
COLLATERAL
RELEASED NO LONGER REQUIRED by Board
of Weld County Commissioners
date:
by:
New Bond Amount $ 93,487.11 Depu t Jerk to the Board
Provided, However, that the attached bond shall
herein expressly modified, and further that the li.
amended by this rider shall not be cumulative.
subject to al
sty of the Surety der the attached bond and the attached bond as
s agreements, limitations and conditions except as
This rider shall become effective as oft 2nd day o
Signed, sealed and dated this 2
WITNESS:
WITN
day of
May
2023
M . 2023
Waste Managemen isposal Services of Colorado, Inc.
By
PRINCIPAL Susan Ritter, Attorney -in -F
LEXON Insurance Company
By
Theresa Hintzman
, Attorney-in-
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and e
its direct and indirect majority owned subsidiaries (the "WM Entities"), have constitute . . nd
ap. ' inted and do hereby appoint Theresa Hintzman, Kelsy Hoagland, and Susan Ritter of risure,
LLC BA Smith Manus, each its true and lawful Attorney -in -fact to execute under suc
design. 'on in its name, to affix the corporate seal approved by the WM Entities for ch
purpose, . d to deliver for and on its behalf as surety thereon or otherwise, bonds any of the
following c sses, to wit:
1. Sure bonds to the United States of America or any agency ther • f, and lease and
miscel . 'eous surety bonds required or permitted under the la ., ordinances or
regulatio of any State, City, Town, Village, Board or any • er body or
organizatio , . ublic or private.
2. Bonds on behalf . WM Entities in connection with b' , proposals or contracts.
The foregoing powers granted by e WM Entities shall be s .Ject to and conditional upon the
written direction of a duly appointe. . ficer of the applica. WM Entity (or any designee of any
such officer) to execute and deliver an uch bonds.
The signatures and attestations of such Atto ys-in . ct and the seal of the WM Entity may be
affixed to any such bond, policy or to any cent c. relating thereto by facsimile and any such
bond, policy or certificate bearing such facsimi gnatures or facsimile seal shall be valid and
binding upon the applicable WM Entity whe .o a ed.
IN WITNESS WHEREOF, the ' M Entities h . e caused these presents to be signed by
the Vice President and Treasurer and i . corporate seal to hereto affixed. This power of
attorney is in effect as of l 11. . , 202.a.
Witness:
On behalf of e Management, Inc. and
each of the other ` ' Entities
Leslie Nagy
Vice President and Treasur
SOMPO INTERNATIONAL
POWER OF ATTOR
11078
KNOW Ac BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Co
corporation, exon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation,
collectively, " po International," do hereby constitute and appoint Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H.
Mark A Guidry, ' I Kemp, Lynette Long, Amy Smith, Deborah Neichter, Theresa Hintzman, Beth Frymire, Leigh McCarthy, Michael Dix, Su
Hoagland, Jacob Otto, Jennifer Edwards as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as s
undertakings given any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers,
to such bonds or un• kings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
penal sum thereof in e - s of the sum °f ONE HUNDRED MILLION Dollars ($100,000,000.00).
Such bonds and undert
signed by the President of t
This appointment is made un
day of June, 2019, a copy of w
This Power of Attorney is signed a
unanimous written consent effective
RESOLVED, that the signature of an in
by facsimile, and any such power of atto
to any bond or undertaking to which it is
IN WITNESS WHEREOF, each Co any has caused this instrument to be signed by the followincers, and its corporate seal to be affixed this 15"' day of
June, 2019.
y, a Delaware
a "Company" and
n, Barbara Duncan,
'tter, Ryan Britt, Kelsy
or co -surety; bonds and
sents or stipulations relating
ompany for any portion of the
s for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company • fully and to the same extent as if
Company under its corporate seal attested by its Corporate Secretary.
and by authority of certain resolutions adopted by the sole shareholder of each Company by u
appears below under the heading entitled "Certificate'.
sealed by facsimile under and by authority of the following resolution adopted by the - e shareholder of each Company by
15. day of June, 2019 and said resolution has not since been revoked, amende • • r repealed:
dual named above and the seal of the Company may be affixed to any su
or certificate bearing such facsimile signature or seal shall be valid an
ed.
mous written consent effective the 15'"
er of attorney or any certificate relating thereto
nding upon the Company in the future with respect
Endurance Assurance Corporatio urance American
B:, By:, In Y c tp
Y'
Richard Appe,� 5suran •� l aB.> enior Counsel Richard Appe*4,SW 5 enior Counsel
Jr F0 o�°�qr'
SEAL
' 1996 0
st �! •, DELAWARE,%$
y'"p�u.uuuud+d ACKNO DGEMENT
O, BEAL
2002 ;Q
‘.,,,,soiitAwatt5/Ss
byaaxnumN`
On this 15"' day of June, 2019, before me, personally came the above signatori
of the Companies; and that he executed said instrument on behalf of each Co
I, the undersigned Officer of each Company, DO HEREBY CERTI at
1. That the original power of attorney of which the foregoing is a co was duly executed on behalf of each C • . •any and has not since been revokes( amended or modified;
that the undersigned has compared the foregoing copy they- • ith the original power of attorney, and tha ' e same is a true and correct copy of the original power of
attomey and of the whole thereof,
2. The following are resolutions which were adopted by the • - shareholder of each Company by unanimous wri consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named bel• s authorized to make, execute, seal and deliver for and on . -half of the Company any and all bonds,
undertakings or obligations in surety or co -surety • ers: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOP - DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L. WILB T
and be it further
RESOLVED, that each of the individuals nam: above is authorized to appoint attorneys -in -fact for the purpose of making, - - uting, sealing and delivering bonds,
undertakings or obligations in surety or co -s - for and on behalf of the Company."
3. The undersigned further certifies that the - •ee resolutions are true and correct copies of the replutions as so recorded and of ' - whsle thereof.
IN WITNESS WHEREOF, I have hereunto -t my hand and affixed the corporate seal this Zn "r day of
Lexon Ins • nce Company n
ey:
Seri ounsel Ric
Bond Safeguard
In ura ce� ' tpa`.L
d Appel$ SVP.A Senio�A
tNsu
qtr: soA';S A
DAKOTHTA ;Oz
INSURANCE COMPANY
bOd• i
oun el
me, who being duly swom, did depose and say that he ttoyAlJlf off cer of each
CERTIFICATE
now
ny by au . • my of his officgunder th by/ws of each Company,:.....,.,
"Or
My Commissi9n Expire `s5/9/23'
By:
Dance
S
etary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL i0FAC)
No coverage is provided by thi - - otice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice pro =s information concerning
possible impact on your sur- , coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign As s Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC h. identified and listed
numerous foreign agen , front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". T list can be located
on the United States ' easury's website — httos://www.treasurv.aov/resource-center/sanctions/SDN-List.
In accordance wit. • FAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law
Designated Nati - al and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided a
subject to OF . When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be
authorizatio rom OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdministrationasomao-inti.com
Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
is ma Specally
m leiately
de without
CONTINUATION CERTIFICATE
The . XON Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety upon
Bond Number. LICX 1197283
dated effective dnesday, July 22, 2020
on behalf of
CO 80610
and in favor of
CO 80631
Waste M. ement Disposal Services of Colorado, Inc., 40000 County R. d 25, Ault,
Board of County ommissioner of Weld County, Colorado, 1150 O eet, Greeley,
does hearby continue said bond in force for the her period
beginning on Friday, July 21, 2023
and ending on Sunday, July 21, 2024
Amount of bond: NINETY-THREE THOUSAND FO HUN I ' D EIGHTY-SEVEN AND 11/100
Dollars ($93,487.11)
Description of bond: Improvements & Road Mai . - nance Agreement Associa . with Weld County
USR18-0065 for County Road 25
Provided: That this continuation certificate .es not create a new obligation and is execute upon the express
condition and provision that the Surety's ': ility under said bond and this and all Continuati. Certificates
issued in condition therewith shall no .e cumulative and the said Surety's aggregate liability unde .aid
bond and this and all such Conti ation Certificates on account of all defaults committed during the p- 'od
(regardless of the number of - ars) said bond had been and shall be in force, shall not in any event exceed
the amount of said bon.. s hereinbefore set forth.
Signed, sealed a dated on Tuesday, May 2, 2023
By:
LEXON Insurance Company
urety
Theresa Hintzman, Attorney -in -Fact
SOMPO INTERNATIONAL
POWER OF ATTORNE
78
KNOW ALL = THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, eiaware
corporation, Le Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "C• pany" and
collectively, "Som • • International," do hereby constitute and appoint Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Ba ra Duncan,
Mark A Guidry, Jill ' p, Lynnette Long, Amy Smith, Deborah Neichter, Theresa Hintzman, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, = n Britt, Kelsy
Hoagland, Jacob Mo . - Jennifer Edwards as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co- - rety; bonds and
undertakings given fora and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or pulations relating
to such bonds or andante gs provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company f• any portion of the
penal sum thereof in ex - the sum of ONE HUNDRED MILLION Dollars (5100,000,000.00).
Such bonds and undertakings said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to - same extent as if
signed by the President of the C • pany under its corporate seal attested by its Corporate Secretary.
This appointment is made under a •y authority of certain resolutions adopted by the sole shareholder of each Company by unanimous writt= consent effective the 15.
day of June, 2019, a copy of which - • - - rs below under the heading entitled "Certificate".
This Power of Attorney is signed and se - • by facsimile under and by authority of the following resolution adopted by the sole sharehold= •f each Company by
unanimous written consent effective the 1 day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individ named above and the seal of the Company may be affixed to any such power of alto or any certificate relating thereto
by facsimile, and any such power of attorney o=rtificate bearing such facsimile signature or seal shall be valid and binding upon Company in the future with respect
to any bond or undertaking to which it is attac
IN WITNESS WHEREOF, each Compa has caused this instrument to be signed by the following officers, and it ••rporate seal to be affixed this 15. day of
June, 2019.
Endurance Assurance Corporatiop En • nce American Lexon Insurance Compa
By�rl f , [//) c{ By
', fY By,
Richard Ap/pet f 11AJa, e` f) nior Counsel Richard Appel ftef^ . aeiior Counsel Richard Appel;
w
t�' 5 . 0(oGa,_ ,p'o
1.418-,
o 1tP0
0 1996
05sAWARE,: a
"•uwxxrw••� AC OWLEDGEM
On this 15. day of June, 2019, before me, personally came the above signatorie
of the Companies; and that he executed said instrument on behalf of each Compa
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that
1. That the original power of attorney of which the foregoing is a copy w- - • my executed on beha •f each Company and has not since been revokes( amended or modified;
that the undersigned has compared the foregoing copy thereof wi e original power of attom- and that the same is a true and correct copy of the original power of
attorney and of the whole thereof,
2. The following are resolutions which were adopted by the sole-reholder of each Company by una ' ous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below i - uthorized to make, execute, seal and delive , r and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -surety with ers: RICHARD M. APPEL, BRIAN J. BEGGS, ' ISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L. WILB
; and be it further
RESOLVED, that each of the individuals nem - bove is authorized to appoint attomeys-in-fact for the purpose • eking, executing, seeing and delivering bonds,
undertakings or obligations in surety or co -s -ty for and on behalf of the Company."
3. The undersigned further certifies that the • •ve resolutions are true and correct copies of the resolutions as so reco - and of the whole thereof.
IN WITNESS WHEREOF, I have hereun -t my hand and affixed the corporate seal this day of M 0 23 .
t• e, who being duly swom, did depose and say that he/tketIC f officer of each
ority of his offi •- under the byws of each Company,'
awe
+er srE
xmrr
Amy aylor, No iPublic My Commission Fopires5/)9//a23'
By:
By:
Dante S.' etary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL IOFACI
No coverage is provided by s Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Noti • • rovides information concerning
possible impact on your ety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign -sets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". • • C has identified and listed
numerous foreign - . ts, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Per <". This list can be located
on the United St = - Treasury's website — httos://www.treasurv.aov/resounx-center/sanctions/SDN-List.
In accordance ' OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sand • law or is a Specially
Designated onal and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage pro ed are immediately
subject to • AC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds m - be made without
authori from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdministretiondisomoo-inti.com
Telephone: 515-553-8500 Mailing Address: Sompo International; 12880 Lebanon Road; Mount Juliet, TN 37122-2870
PERFORMANCE BOND
BOND NO LICX1197283
KNOW A• MEN BY THESE PRESENTS, that we, Waste Management Disposal Services of Color • o, Inc.,
40000 Cou Road 25, Ault, CO 80610, (hereinafter called the "Principal"), as Principal, and the xon
Insurance C . pany, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto - • and of County
Commissione of Weld County, Colorado, 1150 O Street, Greeley, CO 80631, (hereinafter r Iled the
"Obligee"), as O: •ee, in the sum of Six Hundred Twenty -Three Thousand Two Hundred -Seven and
39/100 $623,24 9 for the payment of which sum well and truly to be made, we the said ' ncipal and the said
Surety bind oursely- our heirs, executors, administrators, successors and assigns, jointl : nd severally, firmly by
these presents.
WHEREAS, the Principal . s entered into a (written) agreement (hereinafter called e "Agreement") with the Obligee
for Improvements & Roa • Maintenance Agreement Associated with Wel • ounty USR18-0065 for County
Road 25, which Agreement i ereby referred to and made a part hereof as if f y set forth herein;
NOW THEREFORE, the conditi• , of this obligation is such that if the Pri •al shall well and truly keep all the terms
and conditions as outlined in sal• ' greement then this obligation shall .e null and void; otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, this bond is . ecuted by the Surety a accepted by the Obligee subject to the following
conditions:
1. No assignment of this bond shall be eff- ive without t written consent of the Surety.
2. This obligation may be terminated by the - urety by . xty (60) days advance written notice to the Obligee, such
notice to be sent by registered mail. Such rminon shall not affect liability incurred under this obligation prior
to the effective date of such termination.
3. PROVIDED, HOWEVER, it shall be a conditi• •recedent to any right of recovery hereunder that, in the event of
any breach of the Agreement on the part • ' he • rincipal, a written statement of the particular facts stating the
nature of such breach shall be given as s• •n as re..onably possible by the Obligee to the Surety and the Surety
shall not be obligated to perform Pri- spars obligion until thirty (30) days after Surety's receipt of such
statement. Obligee shall further be - orized to reco -ry hereunder if, after receipt of notice of termination as
described herein, Principal fails • refuses to provi• a replacement bond or other alternative collateral
acceptable to Obligee within thirt 0) days.
4. No action, suit or proceeding ' all be had or maintained - ainst the Surety on this bond unless the same be
brought or instituted within si ' (60) days after the terminatio •f release of this bond.
5. Under no circumstances s the aggregate liability of the Sure exceed the penal sum above stated.
6. This bond shall be effect' - from July 22, 2020 to July 21, 202 and shall automatically renew for successive
one year periods unles released by Obligee or otherwise terms ed by Surety in accordance with the terms
stated herein.
IN WITNESS WHERE , said Principal and said Surety have caused thes- •resents to be executed and their seals
affixed this 22. day July, 2020.
COLLATERAL
RELEASED NO LONGER REQUIRED by Board
of Weld County Commissioners
date:
\\ r
by:
Deputy lerk to the Boar
/aste Management Disposa ervices of Colorado, Inc.
(Principal)
Susan Ritter, Attorney -in -Fact
Lexon Insurance Company
By:
(Surety)
ardmil
Theresa Pickerrell, Attorney -in -Fact
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc.: each
of i direct and indirect majority owned subsidiaries (the "WM Entities"), have const' ted and
appoi - d and do hereby appoint Theresa Pickerrell, Sandra L. Fusinetti, and Susan ' ' er of
Acrisure, LC DBA Smith Manus, each its true and lawful Attorney -in -fact to exe' ate under such
designatio , in its name, to affix the corporate seal approved by the WM Entitie or such
purpose, an ' o deliver for and on its behalf as surety thereon or otherwise, b • ds of any of the
following clas s, to wit:
1. Surety ► . nds to the United States of America or any agency ereof, and lease and
miscellan . • us surety bonds required or permitted under t laws, ordinances or
regulations • any State, City, Town, Village, Board or - y other body or
organization, ' blic or private.
2. Bonds on behalf o Entities in connection bids, proposals or contracts.
The foregoing powers granted by +. - WM Entities shall ' subject to and conditional upon the
written direction of a duly appointe . fficer of the appl' able WM Entity (or any designee of any
such officer) to execute and deliver an uch bonds.
The signatures and attestations of such Att eys . -fact and the seal of the WM Entity may be
affixed to any such bond, policy or to any ce ate relating thereto by facsimile and any such
bond, policy or certificate bearing such facsi ' - signatures or facsimile seal shall be valid and
binding upon the applicable WM Entity wh so ixed.
IN WITNESS WHEREOF, th
the Vice President and Treasurer and
attorney is in effect as of
Witness:
ave caused these presents to be signed by
be hereto affixed. This power of
On behalf o ante Management, Inc. and
each of the othe WM Entities
David Reed
Vice President and Treasur
SOMPO INTERNATIONAL 11
INSU NCE POWER OF ATTOR
KNOW ALL B
corporation, Lex
collectively, "So
Sandra L. Fusi
Michael Dix, S
undertakings given
to such bonds or
penal sum thereof
Susan
Such bonds and undertakings fo
signed by the President of the Co
This appointment is made under an
day of June, 2019, a copy of which
This Power of Attorney is signed and sea
unanimous written consent effective the 1
RESOLVED, that the signature of an individ
by facsimile, and any such power of attorney
to any bond or undertaking to which it is attache
IN WITNESS WHEREOF, each Comp
June, 2019.
Endurance Assurance Corporatio
By: ;
Richard Appel;,tula enior
�Pgsuranoe
a
r! 40 G��PD4rF O�:S
620E 02 ' °'
DELAWARE l I
aJ��•"• : J a
w•I•"44441r11M••V��
By:
ounsel Richard Appe'I�
e Q:G
ES! s
a. 1996
� ,DELAWARE
abli�• .o
THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Compa
Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each,
m • • temational," do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Marti . =
netti, ' A. Guidry, Jill Kemp, Lynnette Long, Amy Bowers, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn, Beth Fry
Ri Ryan Britt as tnie and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety
for any - .d all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, con
undertakin• provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the C.
in excess o "e sum of One Hundred Million Dollars ($100,000,000.00).
id purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as
ny under its corporate seal attested by its Corporate Secretary.
d authority of certain resolutions adopted by the sole shareholder of each Company by unani
ap • rs below under the heading entitled "Certificate".
by facsimile under and by authority of the following resolution adopted by the sole
• ay of June, 2019 and said resolution has not since been revoked, amended or
u. named above and the seal of the Company may be affixed to any such po
o ertificate bearing such facsimile signature or seal shall be valid and bin•
has caused this instrument to be signed by the following oR
E
In
ranee American
Lexon Insuran
Y
a Delaware
mpany" and
rbara Duncan,
, Leigh McCarthy,
co -surety; bonds and
or stipulations relating
any for any portion of the
and to the same extent as if
s written consent effective the 15.
reholder of each Company by
algid:
of attorney or any certificate relating thereto
upon the Company in the future with respect
s, and its corporate seal to be affixed this 15. day of
Company
nior Counsel Ricfia Ap , __- _- Seni
KNOW ' CEMENT
sel
Bond Safeguard
InuraceMpa `
a
io ou
On this 15a' day of June, 2019, before me, personally came the above signat• ' own to me, who being duly sworn, did depose and say that he/tley' 4 foflcer of each
of the Companies; and that he executed said instrument on behalf of each Co - ny by authority of his off under thQ bynws of each Company;` ►0......, ov
CERTIFI . T
I, the undersigned Officer of each Company, DO HEREBY CERTIthat:
1. That the original power of attorney of which the foregoing is a • py was duly executed on : If of each Company and has not since been revokes( amended or modified;
that the undersigned has compared the foregoing copy th = •f with the original power of att• ey, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2. The following are resolutions which were adopted by t • le shareholder of each Company by • animous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named " ow is authorized to make, execute, seal and de -r for and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -sure th others: RICHARD M. APPEL, BRIAN J. BEGG CHRISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L. ' BERT
; and be it further
RESOLVED, that each of the individuals - med above is authorized to appoint attorneys -in -fad for the pu • - of making, executing, sealing and delivering bonds,
undertakings or obligations in surety or •-surety for and on behalf of the Company."
3. The undersigned further certifies tha a above resolutions are true and correct copies of the resolutions as so r>. - ded and of the whole thereof.
IN WITNESS WHEREOF, I have her . nto set my hand and affixed the corporate seal this Aat'4 day of . , �,. i 20
By:
Amy aylor,
Tar
My Commisskin ESpire 5/.9/23,0
By:
Dante S. •ne,
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OF
No coverage is provided • this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. Th otice provides information concerning
possible impact on you - urety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Forei• ssets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergen OFAC has identified and listed
numerous foreign - nts, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Block rsons". This list can be located
on the United St- s Treasury's website — httos://www.treasurv.00v/resource-center/sanctions/SDN-List.
In accordance th OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sa 'ons law or is a Specally
Designated - Tonal and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage • vided are immediately
subject to • AC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refun • . ay be made without
authoriz •n from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdministrationWsompo-int.com
Telephone: 615-663-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870
d Appela,,SVP&Zen sel
DAKOTA
INSURANCE
=�Z�• COMPANY . `,
Clerk to the Board's Office
Phone: (970) 400-4225
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.qov
March 5, 2025
Waste Management Disposal Services of Colorado, Inc.
40000 County Road 25
Ault, Colorado 80610
Re: Release Performance Bond #LICX1197283
USR18-0065
Waste Management Disposal Services of Colorado, Inc.
To Whom It May Concern:
Enclosed please find copies of the letter to the insurance company, released Performance
Bond #LICX1197283, and a copy of the Board of County Commissioner's Resolution, dated
February 10, 2025, authorizing the release of said Performance Bond, held as warranty
collateral in the amount of $93,487.11, for the above referenced case.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson, Department of Planning Services
Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2705
Page 1 of 1
Clerk to the Board's Office
Phone: (970) 400-4225
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.gov
March 5, 2025
Lexon Insurance Company
10002 Shelbyville Road, Suite 100
Louisville, Kentucky 40223
Re: Release Performance Bond #LICX1197283
USR18-0065
Waste Management Disposal Services of Colorado, Inc.
To Whom It May Concern:
Enclosed please find the released Performance Bond #LICX1197283 and a
copy of the Board of County Commissioner's Resolution, dated February 10, 2025,
authorizing the release of said Performance Bond, held as warranty collateral in
the amount of $93,487.11, for the above referenced case.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or 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 PL2705
Page 1 of 1
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for:
Waste Management Disposal Services of Colorado, Inc — USR18-0065
DEPARTMENT: Planning Services DATE: January 22, 2025
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Tom Schweitzer, representative of Waste
Management of Colorado, Inc., requesting that the Board of County Commissioners release the currently held
Warranty Collateral for USR18-0065 in the amount of $93,487.11 held in the form of a Bond Rider attached to
the original Bond Number LICX1197283 issued by Lexon Insurance Company. No collateral is required to be
held reason further.
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 Tyler #2020-2362 and Reception #4616849, have passed the two-year
warranty inspection.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent 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:
Waste Management Disposal Services of Colorado, Inc. — USR18-0065
(PL2705, #2020-2362) — Improvements and Road Maintenance Agreement
Approved 8/3/20 — Contract ID 3985
Performance Bond #LICX1197283 — Lexon Insurance Company
Renews automatically for successive one-year periods unless released by
Oblige or otherwise terminated $623,247.39
Partial Release of Collateral and Accept Warranty Collateral — USR18-0065
(PL2705, #2023-1602) —Approved 06/07/23 — Contract ID 6978
Rider for Performance Bond #LICX1197283 — Lexon Insurance Company
Rider attached to original Performance Bond in Safe
Rider decreases Current Bond Amount from $623,247.39
to $93,487.11 - 529,760.28
New Bond Amount $ 93,487.11
Consequences:
• None — The work has been completed and passed the two-year warranty inspection.
Impacts:
• None — The developer completed the work, passed the two-year inspection, and the road
maintenance portion of the agreement will remain in place for the life of the USR.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• The road maintenance portion of the agreement will remain in place for the life of the USR so the
developer will have a proportional share of any improvements and be responsible for any repairs.
2025-0412
"ZA0 pLz-let
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the full release of Warranty Collateral for Waste Management Disposal Services of
Colorado, Inc. — USR18-0065, and that this item be placed on the next regularly scheduled BOCC Hearing as
part of the Regular Agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Chair
Scott K. James, Pro-Tem
Jason S. Maxey
Lynette Peppler
Kevin D. Ross
sta
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Schweitzer, Tom <tschweit@wm.com>
Thursday, January 2, 2025 7:15 AM
Jazmyn Trujillo Martinez
Myers, Steven
RE: WCR 25 Project Completion and Warranty Period
Follow up
Flagged
iiiin :;s a altar.. artc4vcvur.t.aavtsitdf Yr.t+astaA00 r_
This Message Is From an External Sender
This email was sent by someone outside 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 you had good Christmas and New Year holidays.
I am following up from your below email and am requesting a final inspection of CR 25 for release of the warranty
collateral.
Thank you, and I will look forward to hearing from you on the scheduling of the final inspection.
Tom Schweitzer, P.E.
Engineering Manager
Waste Management of Colorado, Inc.
tschweit@wm.com
(303) 475-4408 (mobile)
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, May 21, 2024 4:59 PM
To: Schweitzer, Tom <tschweit@wm.com>; Dawn Anderson <dranderson@weld.gov>
Cc: Myers, Steven <smyers5@wm.com>
Subject: [EXTERNAL] RE: WCR 25 Project Completion and Warranty Period
Good afternoon,
The warranty bond needs to stay in place through February 2025. The warranty bond will be eligible for release on
February 7, 2025, should there not be any issues with the final inspection.
Please contact me to request a final inspection and release of the warranty collateral in January 2025.
I am available should you have any other questions.
Best,
1
OFFSIA2O-0004 Waste Management
Tuesday, January 14, 2025 11:00 AM
Inspector:
Riley Reynolds
48 Hour Notice:
Not Applicable
No
Yes
• Date: N/A
• Provided by: N/A
Contractor:
N/A
Contractor Superintendent (PIC) Today:
N/A
Approx Number of Employees:
N/A
Sub-Contractor(s) and Approx Number of
Employees:
N/A
Weather:
Sunny 30 degrees
Checklist Items:
Traffic Control
Roadway
Outside Roadway
Tracking Pad
Appurtenance
Compaction
Reseeding
Markers
Load Tickets
LI
Weld County Inspection Report
Equipment in use:
Indicate how many if more than one. (NOTE: if not
attributed to a contractor assume General Contractor)
L
C
C
• _
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
(_ Not Started
I I Preconstruction
In Progress
Outside Normal Hours
C Time
Complete
Haul Routes Insepetion Page 1
Project Notes
• Road: CR 25 North of SH 14
c Pavement markings are placed per plans and work complete
o All other work looks to be in good shape and the release of this project is supported
Photos
QY1(Sn4
..tin
40. 81; -104.8318
A1QUI
5134
sit
NE33
9r.-1?" 40.58178, -104_.8319.1•
14JAME ti 2e A:7•i:;M:
.i4. .^J ii:2E
Haul Routes Insepction Page 2
1 Jafi,r5 H Q7 AritA c
ti 1•1•J:Irr 5 11 27.$3
0:;;,';-" 40.5832.2, -10. 83183 ,A;.,.
free version of
GPS Camera 55
14J:1112!) II •1 Ad.toc t4r i.,. w...
1.1•J,1n•?5 it 2.t 0:
•r
frit
•rti. *an :.. .. �• V.e..,-.1tial
40:x9575, -104.83182
14.1;m2S 11:22 Ad -hoc
14 -Jan -25 11 22 27
Haul Routes [nsepetion Page 5
RESOLUTION
RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF
WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0065 -
WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, 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 September 18, 2019, the Weld County Board of Commissioners approved
the application of Waste Management Disposal Services of Colorado, Inc., 40000 County
Road 25, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State
Statute and as defined and regulated by Colorado Department of Public Health and Environment,
and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and
solid waste management of recyclable commodities, et cetera, associated with USR-895, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows;
Part of the E1/2 of Section 7 and Lot B of Recorded
Exemption, RECX17-0150; being part of the NW1/4
of Section 7, Township 7 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, on August 3, 2020, pursuant to certain Conditions of Approval, the Board
accepted an Improvements 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 Waste Management Disposal Services of Colorado,
Inc., with terms and conditions being as stated in said agreement, to include collateral in the form
of Performance Bond #LICX1197283, guaranteed by Lexon Insurance Company,
10002 Shelbyville Road, Suite 100, Louisville, Kentucky 40223, in the amount of $623,247.39,
and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a site inspection and recommend a partial release of said collateral by
accepting a Surety Rider reduction to be attached to and form a part of Performance Bond
#LICX1197283, thereby reducing the amount of collateral, to be retained as warranty collateral
as related to improvements, to $93,487.11, copies of which are attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that collateral in the form of Performance Bond #LICX1197283,
guaranteed by Lexon Insurance Company, in the amount of $623,247.39, be, and hereby is,
reduced, and warranty collateral in the form of Surety Rider, attached to Performance Bond
#LICX1197283, guaranteed by Lexon Insurance Company, in the amount of $93,487.11, be, and
hereby is, accepted.
4904466 Ptt�s : 1 of 2
�6/20I 3 t 1 :49 fir R ref. 2.00
Carly Kopp�s, Clerk rnd Rsoord�r, Wild County CO
VIII INI�INC��a�+�l,h;'I�I�'IU�f�iiMlftillE1I�6111111
cc:vr.Crv,sels.rshwt/ 2023-1602
Ka) PL2705
o1/t5 /23
PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL
(USR18-0085) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dl� i fp;,1
Weld County Clerk to the Board
BY:
APP
Date of signature: O
mey
Mik an Chair .•-,
erry L. u Pro -Tern
Scoff T(. James
4804656 Pages: 2 of 2
06/20/2023 1149 AM R Foe :$0.00
Carly Kappes, Clerk and Raaordar Weld Ceu�tY CO
2023-1602
PL2705
/ )4' If
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Partial Release of Collateral through Acceptance of Warranty
Collateral Bond Rider for. Waste Management Disposal Services of Colorado, INC. - USR18-0005
DEPARTMENT; Planning Services DATE: May 9, 2023
PERSON REQUESTING: Jezmyn Trujillo -Martinez
Brief description of the problemllesue:
The Department of Planning' Services received a request from Waste Management Disposal Services of Colorado, INC.,
requesting that the Board of County Commissioners accept the Warranty Collateral for Waste Management Disposal
Services of Colorado, INC. in the amount of $93,487.11. Project Collateral in the amount of 0823,247.39 Is currently being
held In the tram of a Performance Bond and Warranty Collateral will be held in the form of a Bond Rider to be attached to
the original Bond Number LICX1197283 in the amount of $93,487.11 and is required to be held for the duration of the two-
year warranty period which behan on February 7th, 2023.
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 Tyler #2020-2382 and Receptlon #4818849, have been completed and are found to be acceptable.
County Attomay's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this
partial release of collateral.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Weld County Collateral List:
Waste Management Disposal Services of Colorado, Inc. — USR18-0085
(PL2705, #2020-2302) — Improvements and Road Maintenance Agreement
Approved 813/20 — Contract ID 3885
Performance Bond #LICX1197283 — Lexon Insurance Company
Renews automatically for successive one-year periods unless released by
Obligee or otherwise terminated 0823,247.38
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the
partial release of project collateral through acceptance of warranty collateral bond rider for Waste Management Disposal
Services of Colorado, INC. - USR18-0065.
Approve
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
OCv1O1
Schedule
Work Sessicur Other/Comments:
2023-1602
PL V105 1
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Tuesday, May 9, 2023 4:12 PM
Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr
BOCC PA REVIEW - USR18-0065 — Waste Management
Signed PA & Warranty USR18-0065 Waste Management.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Partial Release of Collateral through Acceptance of Warranty Collateral Bond Rider
Case/Applicant: USR18-0065 — Waste Management Disposal Services of Colorado, Inc.
Piease note: Regular Agenda
Thanks, Karlal
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P.D. Box 758
Greeley, CO 80631
(970) 400-3711
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication In error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
Jazmyn Trujillo Martinez
From:
Sant:
To:
Cc:
Subject:
Torn,
Dawn Anderson
Tuesday, February 7, 2023 12:01 PM
Schweitzer, Tom; Jazmyn Trujillo Martinez
Myers, Steven
RE: WCR 25 Project Completion and Warranty Period
We are still working with the surveyor to get a set of as -built plans that we can accept. I think that we are close.
In the meantime, we can accept this email as your official request for collateral release. Jazmyn will help assist with this
process and each out with any and all additional needs that we have.
Please let me know if you have any additional questions.
Thanks,
Dawn R. Anderson
Development Review Manager
Weld County Planning Services
1555 N. 17°Avenue
Greeley, CD 00631
Email: drandersonWweldgov.cn
Once: (970)400- 3736
Confidentiality Notice: This electronic transmission and any attached documents ar other writings are intended only for
the person or entity to which it is addressed and may contain Information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Schweitzer, Tom <tschweit4twm.comv
Sent: Thursday, January 26, 2023 11:34 AM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Myers, Steven <smyers5@wm.com>
Subject: WCR 25 Project Completion and Warranty Period
ICadt on: This email originated from outside of Weld CountyGovernment. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Iii Dawn,
I hope 2023 is off to a great start for you.
The WCR road maintenance agreement between WM and the County required Project Collateral for completion of the
WCR 25 improvements and Warranty Collateral to be in effect for two years following the County's Initial approval of the
construction Improvements. I thought I would touch base to inquire about the date of the County's Initial approval and if
anything is required on the part of WM to release the Protect Collateral.
If a call would be helpful, I would be happy to schedule one.
Thanks and I hope all is well.
Tom
Recycling is a good thing. Please recycle any printed emails.
Bond No. tY1te1977B3
RIDER
To be attached to and forma pan of
dated the 2Tort_ day of _blir . Qm issued by
LOON Insurance Company, 10002 ShebyrAk Road, Limb., KY 40223
as Surety, on biotic(
Wash, MMiag rains Disposal Swims of Cabinda, In, 40000 Canty Road 25, Atilt, CO 00610 , u Principal,
in the penal aunt of S& lhwiad 1Ym itatott lil0f�sd lyau ornatSr+Y
Debi. (f b23 24739 k and in favor of lo'� fo D CPW% 0MMIK G COOS. Co1uNy
In consideration of the premium doused lathe dumbed band, it is hereby agreed shot the attached herd be amended as
fdbwa:
Bond, No. UO0197213
This rider will decrease Use bond amount au follows:
Currant Bond Amount: $823,247,39
New Bond Amount $ 93,487.11
Provided, However- dim the mug. bawd Mali be subject to all Ib y•aimanis. Wisdom rtd conditions ao. as
herein atproady modified. and Rasher don do Bablk of the surety under the Mae. bond sod IM Melted bold as
waded by Ws rider abed not be aanwdnlva.
This rider shal l become effective ea of the 2nd ewe' May
signal, ceded and deed this 2nd
4-61
day of May
2023
Servkas of Cobando, Me.
PRINCIPAL Susan tunic Aaerna...Fee
ey
Tngtesa Mtnarnan
Aitemey-in•Fact
POWER OF ATTORNEY
KNOWN ALL hffN BY THESE PRESENTS that wale Mettegement, be. end each
of its direct and indirect majority owned subsidiaries (the "WM Entities"). have caastituted and
sppointed end do hereby appoint Theeesa Mamma, KeIsy Hoagland. and Susan Ritter of Acrisure,
LLC DBA Smith Menus, Gads its true and lawlW Attorney -Whim to c%ecute under such
designation in its nemo, to affix the corporate seat approved by the WM Estates for such
propose. end to deriver far and on its habilf s: setrety thereon or otherwise, bonds of any of the
following classes, to wit:
I. Surety bonier to the United Stales of America or say agency thereof, and lease and
miscellaneous suety bonds required or permitted under the haws. ordinances or
regulations of any State. City, Town, Village, Bard or any other body or
organization, public or private.
2 Bonds on behalf of WM Entities in connection with bids. proposals or contracts.
The foregoing powers granted by the WM Entities shell be subject to and conditional upon the
written direction of a duly eppoirteed officer of the applicable WM Entity (or any designee of any
such officer) to execute and deliver any such bonds.
The signatures and etsestations of such Attorneys -in fact end the seal of the WM Entity maybe
affixed to any such bonnk policy or to any certificate relating thereto by hcsimib and any such
bond, policy or certificate bearing such hesimile signatures or facsimile seal shell be valid and
binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by
the Vice President and Tremprm sad its corporate serif to be hereto affixed. This power of
attorney is in effect as of ' 1 2 . . .
Witness: r On behalf of Waste Menrfenaeltt ire. and
each Gttha other WM Entities
Leslie Nagy
Vice Ptaxident and Treasurer
SOMPO INTERNATIONAL
POWER OF ATTORNEY
11078
KNOW ALL BY THEN PREIONTB, YIM Imam. A.asena a O.im rw apporatm Beddrmno. Amide. Imam. Ih s.
cm.. Won Malone.1Pwapaar. Tae.OwPard. w.16r�SaN d IeeelOlta a ablm Ommh a mpotd. McR >t ��Ipwy' aid
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.maLtmibia q.i4orSo*osbaalhhllaidocihrewNM1t rtAila daimwer� EloeeearrOpmiARNaMY
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mdialinpagrain lordasdpurpommMaabasteaailapadddrMra►baahfMdentaMtaarlala ltens r,apmammtsvar e,commtiora ebitammed.
lo mai M. dr eabond
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ebu rnomattimindsapnebaears....wdldrOdbMYtpupntheComplyaldea.mMiimma
any boot
IN WTNESI McEREOF, emit Company hM quid Ma adamant b be it. by Ai... edam, and di caporals ae.t a W WNW Ihia 19 dey
Jute. 9010.
dam. ErrthaaAaelkea l+aOnlset ormAPrM' i ► wnr.l
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andMy�' 4�Md«th
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Br' */ i131109808
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des underlie.Obkr ore. Camps, DO HEREBY CERTIFY Ort '' au.,
1. WMAsodo.prrdagartarWM. M epo�glseeoplwmd.era. onbaNMdsediComp. tdhsnot..Wsnlwabe4mina. meal.
dratMrundiagradhMealtpemtorso. hdlhstorso0.11 0.101 ateMfr. pewerotaE . and. Msaei.IA* atdo0eectoepydrballp tOR.0,
alareyadofMesvadeOweaEmy e00pYQQY
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erab��a pwr eRICHARD M.No..,O MNIWOKCHMSTlPIWROM A M.SWOONLOMISTOPM
end he e Nov
REEOINED,tharich dOmInafi maind. ibratiatiOMMOMMidad MMrmpsincctbrOwpm
OW. bona
unthread.oreblpte.raInsuetyrao-eselyforamenit..Irs�.'
3The uderelpmdeaOrrWien rtstthe shave rcoact..weWe. anneelaopMsdtlle as moor. dedr..
IN WITNESS EMO,INN*Maunee*,hetl.Nire the Doper. this 'O O. of i�
abee.ldms b pmddea by ede NeN* wan II be eaeeeee le repMra any Mellen el my ew.y leMrellrr rear.0.1.011 mead TMs Nabob lydamldneonemIng
mi...peetonranrwrwyeee.weedabdredMnimmlbOFAC MO. nal. WI. 'A..,
The OBa eaFe erpe saes Cee el IOM) adr.idlem ad arena eandY.M peaey, twlM en Fwalemdm akdwebene el Tahoe wrarpentr, OFAC hie MM. ma bled
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7.lephan.: etLeg2 2 averse Adhawta.wpMDOERmb 110101 abbme M.dl IMeet,mbea. TN mum.
CONTINUATION CERTIFICATE
The LEXON Insurance Company, 10002 Shelbyville Road, Suite t00, Louisville, KY 40223, as Surety upon
Bond Number: LICX 1197283
dated eIPoctive Wednesday, July 22, 2020
on behalf of Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault,
COMI0
and in favor of
CO 80631
Board of County Commissioner of Weld County, Colorado, 1150 O Street, Greeley,
does heathy continue said bond in force rot the further period
beginning on Friday, July 21, 2023
and ending on Sunday, July 2I, 2024
Amount of bond: NINETY-THREE THOUSAND FOUR HUNDRED EIGHTY-SEVEN AND 111100
Dollars (S93,487.1O
Description of bond: Improvements dt Road Maintenance Agreement Associated with Weld County
USR 18.0065 for County Road 25
Provided: That this continuation certificate does not crease a new obligation and is executed upon the express
condition and provision that the Surety's liability under said band and this and all Continuation Certificates
issued in condition therewith shall not be cumulative and the said Surety's aggregate liability under said
bond and this and all such Continuation Certificates on account of all defaults committed during the period
(regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed
the amount of said bond as hereiobefore set forth.
Signed, sealed and dated on Tuesday, May 2, 2023
LEXON Insurance Company
By: wary d42,414A1O
Theresa Hinuman, Mummy
SOMPO INTERNATIONAL
Vir
POWER OF ATTORNEY
11078
KNOW Mt WY 1101% PREEE TE. MOT 6MNAn0. AteMann a 0119.* Wpm Sodas. Ameba bsaans b 0th,.
mpnalk t 1Ma b9YmlM pe+y. N Tam satpererat, andbr� bteomm• a 89eM OM. a001*100. OOP. 0' OA r 01M
colledilmt,•Rm bMfl.wo.MV doh."oetld.. IlbekT. ies0N.N. IN�1 .a wD.tbeinieli e99aflbesM�r.w19.
MMkAMelft ltilmp.1.,y4 0o�ANy bed11.01Y91.IflIrr�09afte na tl9MlMoca+bnMa69Moflhbml.MMrralf. ibil f
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l �Nbr Mlwp�p910p0�10a.kreise t�eedde b.tenth9blbMes*marktembri 1♦biten p111 901.9 1111 11.020.90,0.01 01.01.0
proudy .IpnMe.arleor i.pladlpron. loam WObeQ rre Nowt er anbl.dlMrw.dMeloft IheCompere exenyparbondMn
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tired J. 7MY.ae.ofw irbrept.WorunderMleedeey N•1tanks,
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madmanrotormeantsied orwfidetipdAlai201bandselftoeMrtla►I.onotsbgabeentotaled,meerendarope**
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by
bondony le.. ere end, aorovdedff Mom ararbilmee bud. wN tend. eq Mboot aismbeoar.TRI end WWI* be
IN WIESE WHEREOF, men Company hs ow. fhb Ineborn . b being. by d loll.. Warn, end b oorporae. to be M. Mb 10 the d
Amer 2019.
IbArturenceorCRm.. Aarken SneCompany Bond SiNeuerd
6
On dda l9' day*... 2011..vo me. moo. coda the oboes Spoor..rnb me, rib
d dm Cam.. and. be emaled..tenont on NMI ale. Cow. W.*. of*
fainSGSM
the undo.. 0.r el each Company. 00 HERESY CERTIFY that @ 'gp`:Pr�•�
1. 1.EtemglMpeeer min,of Withbe leacore rem drbrs..eebetrrdadCare..hes .• teen oeuoledreaem.ormail.
bet Mtnn.MeraMhrcomp. the.eolrOmpy Ile..bee . pawotelame.ad.i he erne le•memdconed im yoffbeat.paw of
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CHRISTOPHER L MARRO, MARIANNE L MEAT
andbeNbetel
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b. The teda..heeercam. bee oho Anton, roan. aocueadtoned copies desw0eltttlasansosootdad�ttdoff@norb.bet..
IN WITNESS NMEREOF. I hen hereunto tout my hand ..ad rte =mows bra this 1a~ deN dJ
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netharbllooImo OFAC.Ober bfbiantobit Mob..Melaeaaaayaaaapee.
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RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT, USR18-0065 - WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO, 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 September 18, 2019, the Weld County Board of Commissioners approved
the application of Waste Management Disposal Services of Colorado, Inc., 40000 CR 25, Ault,
Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute
and as defined and regulated by Colorado Department of Public Health and Environment, and
continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid
waste management of recyclable commodities, et cetera, associated with UDR -895, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the E1/2 of Section 7 and Lot B of Recorded
Exemption, RECX17-015D; being part of the NW1f4
of Section 7, Township 7 North, Range ES West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements 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 Waste Management Disposal Services of Colorado, Inc.,
with further terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #LICX1197283 from
Lexon Insurance Company, In the amount of $623,247.39, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements 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 Waste Management Disposal Services of
Colorado, Inc., be, and hereby is, approved.
cc .t PuXY.FttCHIOa/'-t_tJTmr Ta),
PLf fc0/ KR)
oWIbid f 80
2020-2362
PL2705
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - WASTE MANAGEMENT
DISPOSAL SERVICES OF COLORADO, INC. - USR18-0085
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond HLICX1197283 from Lexon
Insurance Company, in the amount of $823,247.39, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the follaMng vote on the 3rd day of August, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daidkj 6: 'd' :A
Mike Chair
2020-2362
PL2705
11t,391%'
BOARD OP COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Commit Rawl. Agee. REQUEST
RE: BOCC Agenda Item • Approve Improvements and Road MiaVtennee Agreement for.
Waste Management Dispose' Services ofCobrado,ken — USRI 1.0065
DEPARTMENT: Public Wgda DATE: July 27, 2020
PERSON4 REQUESTING: rya ThGPE M sU
Belddaertptios of.lane:
The Department of Public Works received a request ham the applicant, Waste Management Disposal Services of
Colorado, inc., requesting that the Board of Comity Commissioners consider approving the Improvements and
Reed Mainteaence Agreement for (USRIS.0065). Colluersi is requimd with this agreement and has been
provided w Ma form of a Performesee Boil SLICX(197283, in the amount ofS623,247.39, and issued by LOOM
lnsorsnceCompany.
WeldCoomy Public Works, Planning Services and rite County Attorney's Office have revlesed the
above -mentioned signed origin' document end observed the fillowiog:
• All Public Works related items, of ...prewar. A Road Mairrensrrx Ajrserwo According To
Policy Regardtrrg Collateral For lmprovemwms", are Pound to be ec=epable.
• fits Agreement complies with the terms of the Use by Special Review Permit Ressh lion, a signed by
the Board of County Commissioners.
What option east for the Bond?
1. Haw thts BOCC Haring item be placed ow De nest avoid& agseda m put of die Consent Agenda.
2. Have tide BOCC Rearing item be placed an the seat ave8aMe egad. m part of that !Wrier Agenda.
Reeommemdatlon:
Option 2. The Departmarts of Public Works, Planning Services sad the County Attorney's Office are
reeommssdirg approval of the Improvements & Road Afoloitomrce Agreement According To Policy Regard*
Collateral Forlsrproeenrents for USR18-0065, sad that this Item be pined on the next regululy scheduled BOCC
Bearing, as put of the Regular Agenda.
Ammo :rha4dss imaiat
Hissmalikt IMCClisk pitta BaOfa
Mike Fro mm, Chair
Salk K. lines
9arbaraKirkmNer
Steve Mow , PrerTem
Kevin D. Rae
2020-2362
0fo3
P1,27ns
PERFORMANCE BOND
BOND NO LICX11117Z9'S
KNOW ALL MEN SY THESE PRESENTS, that we, Waste Management Diapoe.i Service* of Colorado, Inc.,
40000 County Road 25, Auk, CO 80010, (theralneRer celled the -Pdnop& ), es Principal, end the Lotion
Insurance Company, (herehnler called re 'Surety), as Surety, are held rid Only board unto Sand of Crotty
Commissioners of Weld County, Colorado, 1150 0 Street, Greeley, CO 50/31. (hereinafter celled the
"Obligee"), as Obligee. In ate sum of fib Hundred Amor-Una Thorn. T1a0 Hunan not Fmur-Saven uld
39!100 taea.u7 , for the payment of whim sum well and truly to be made, vs the said Principaland the said
Surety bud curative, tivee, our heirs, executors, edm04Matoto, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Ste PtAdpel has enteod Otto a (wallas) ogre nhent (hereMauer oMed the -Agreement') with the Obtgsa
for Neprovemenes i Reed Mbintenence Agnomen! Associated 0430[ Wok! County 0090900/1 for County
Road 25, which Agreement Is hereby referred to and made a pen hereot as if fully set forth herein;
NOW THEREFORE, the cohdltlon of this obligation iS Win Met if the Principal ehal 14.11517==
ee and truly kept all ttw fermi
and condttioto as outlktad fe avid Agreement then Otte abltgadon /hell be nut! and votd; otherwlee to remain to full
force and effect.
PROVIDED, HOWEVER, this bond le °veeuled by the Surety and accepted by the Obligee subject )o the following
candi0one:
1 No assignment of this bond shall be effective wit out the written consent of the Surety.
2. This obligation may be tenrYnetad by the 3may by sixty (60) days advance written nibs to the Ongee, sock
notice to be sent by registered malt Such NnOtation shat not affect Hinny incurred under this obligation prior
to the effective dale of such teninetion.
3. PROVIDED, HOWEVER, It shal) be a condition precedent to any right of recovery hereunder the!, In the went of
any breach of the Agreemerd on the part of the Principal, a written statement of ihs articular lath rating the
nature of aunt breach shag be given as soon as reasonably possible by the Obngea to the Surely and the Surety
shall not be obligated to perform Principal's obligation rid thirty (30) days after Surety's receipt of such
statement, Obligee shall holier be authorised to recovery hereunder if, after receipt of notice of termination as
described herein, Principal fails or rehaes to provide a replecemerd bond or other aftemetive collateral
acceptable to Obligee wOMnt thirty (30) days.
4 No actor, sari! or proeeedkg nail be had or maintained against the Surety on tile bond unless the same be
brought or batihled YANA Witty 030) days eler the termination of release of this bond.
5 Under no drcurealartoas 84198 the apgragate 00b013 of the Steely exceed the penal sum above stated.
3. This band 'halt hs offense from Alt lit 202010
gag inry erieds urine stoned by Oblides or txntlrheted by Sufo Ott Ohre townie
IN WITNESS WHEREOF, said Principal and said Surety have cawed them presents to be executed and their seals
affixed this tin° day of Jute. 2020.
Waste Management oiepoul Service. of Colorado, inc,
By:
Susan Ritter, Allornoyin-Fact
Lexon Insurance Company
(Surety)
Ry'llukut7131,Kweit
Theresa pickerren, Atomsy-tn•Fad
j'OWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Wrote Management, Inc. and each
of its direct and indirect majority owned eubddlarles (the "WM &Wee' ), have constituted aid
appointed mid do hereby appoint Theresa Ndtetell, Sandia L. Fusinetti, and Susan Ritter of
Aaisure. LLC DEA Smith Manta, each lu tray and lawful Attomey-in-thct to execute under such
designation in its acme, to affix the corporate seal approved by the WM Booties for such
purpose, and to deliver for and on its bebdf as surety thereon or otherwise, bonds of any of the
following classes, to wit:
I. Surety bonds to the United States of America or any agency thereof, and lease and
misoelleneous surety bonds required or permitted under the laws, ordinances or
regulations of any State, City, To, Village, Board or any other body or
organization, public or private.
2. Bonds on behalf of WM Entities in connection with bids, proposals or cootmcts.
The foregoing powers granted by the WM Entities shalt be subject to and conditional upon the
written direction of a duly appointed officer of the applicable WM Entity (or any designee of any
such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys -infect and the seal of the WM Entity maybe
affixed to any such hood, policy or to any certificate relating thereto by &mimic and any such
bond, policy or cutiftcate bearing such facsimile signatures or facsimile seal shall be slid end
binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM F.mtitian have caused these presents to be sighed by
the Vice President and Truer end its carposee sail to be hereto affixed. This power of
attorney Is in effect as of c) lAtt j era . 2020.
Witham
On behalf of Ws. Menegmnont, Inc. end
each ;Odle other WM Entities
David Road
Vice President and Treasurer
SOMPO INTERNATIONAL 11078
mmaiimmommi POWER OF ATTORNEY
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I, the undoing ad Officer apooh Company, 00 HEREBY CERTIFY that
BelaMard
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ua8llaifYge a obMpeMor N .PRIZ d rat, wIM ahea: RICHARD M APPEL, BRIAN J BEGGS, CHRISTOPHER DORMAN, SHARON SIMS,
GNRIaTbPNiR L aPAARO. rWiMNNi L WRrERT
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IMPROVEMENTS & ROAD MAVITENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Watt Maaagarnat DlepeselStraka of CoMrrado, term — USR1sou
THIS AGREEMENT Is mk this 6y of U V 4 N
e , 2020, by and between Wane
Management Disposal Services of Colorado, Inc., a eorporedon organized under the law. of the State of
Colord°, wham address is 40000 County Read 25, Ault, Colorado, 80610, hendtufia referred to as
"Property Owner," nrhorized to do business in the Sate of Colorado, and the County of Weld, a body
corporate and politic of due State of Colored°, by end through its Bond of County Commissioners, whose
address is 1150 "Cr Snell, Greeley, Colorado 10631 hereinafter referred tow "County", "BOCC",
"Board" and/or "Board of Commissioners"
WITNESSETH;
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Part of the E. of Section 7 and Lot B of Recorded
Exemption, RECX17-0150; being part of the NWI/4 of
Section 7, Township 7 Notch, Range 60 West of the 6th
P.M., Weld County, Colorado
hereinafter referred to as "tire Property,' and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USRI B-0063, and
WHEREAS, Property Owner acknowledges that the final approval of USR18.0065 is conditional
upon Property Owner's funding andlor construction of the off -she improvements and road maintenance
described in this Agreemem and depicted in the (Wowing incorporated exhibits:
Exhibit A — Off -Site Costs of Construction
Exhibit B — Off -Site Construction Schedule
Esbibk C — 30% Construction Plans
Exhibit C-1— IOWA Released flip CORstnretion (RFC), to be attached pursuant to Put I, A.3.0, below
Exhibit D — Plat Map, and
WHEREAS, Property Owner acknowledges they may not opade as described in USRi8I-0065
until said improvements have been completed and accepted by County, and
WHEREAS, Property Owner acknowledges that Naomi to the provisions of Weld Comity Code
sm. 23-2-290, the 1111.2e to commence eensartrcdon *fine improvements °Wined herein within three (3)
years of the improve! of USR18-0065 may result in the revocation or suspension of USR1 g-0065, upon
consideration and order of due Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral fbr off-ske
improvements as required by this Agreement when the Board of County Cosrmtissioners approves this
Agreement
Page lof12
Waste Management Disposal Services of Colon., Inc — USR1 tA065 - OFFSIA20 0004
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NOW, THEREFORE, IN CONSIDERATION OF the filtering and oft. promises ad covenants
contained herein, the polies hereto promise, covenant end agree es follows:
?ARrl Sin &sa1WPttovut9res
A. The Property Owner .hail be rrsponstble
for the construction of =fain off -site safety improvanents es identified in the USR having Resolution,
which may include, but are not limited to: construction of adequate dining radii of sixty (60) feet at the
mein entrances and exits which extend into Canty road Rights -of --Way (ROW) compacting to die Comay
toad syste n, and off -site dreinagc snd signage itatalWiona, as indicated on the accepted Rxilblt D end
Exhibit C, as required. On -Site hnprovernents that crate more run-off then the historical amount may
require off -site drainega bnprovemmts to roads and ROW. My approved access point(s) improvements
will include standard County approved tracking control, and may include a double cattle guard set (one
right after the.er), placed beck to back across the entire width of the exit from the Property , to ensure a
complete revolution of the truck tires in order to minimize the tradring of mud and debris onto the adjaeot
County road.
Additional Off -Site Improvements to be cot.ucted by the Property Owner prior to operation are:
1) Destgjt and construct a northbound right-hand auxiliary tun lane on Weld County Road
25 matching the County specified cross section. cross Section of base and pavement shell
be structurally sufficient to handle the increase of truck traffic from the development and
reduce rotting ova time.
2) Design and contract a southbound right-hand auxiliary lane on Weld County Road 25 at
State Highway 14 meeting the Weld County Code specifications and CDOT specifications
for Road and Bridge Cornball..
3) Design and cream' a soathbatad k@-hand.Wdtiey lane an Weld County Road 25 at
State Highway 14 meeting the Weld County Code specifications and CDOT specifications
for Road and Bridge Construction.
4) Outbound lane of the approved site access shall be reconstructed to meet Weld County
Road 25 perpendicularly at an 80- to 100- degree angle im order to allow bucks to enter
Weld County Road 25 as safely as possible.
1.0 Pronely Owner is sddyrespomible fa. required off -site
designated improvements. These responsibilities may include but ere not limited to the following. design,
surveys, utility Iocsta/roloeated, acquisition of ROW, dedication of ROW, ROW and Access Permits end
fees, coordination with off and p s operators end facilities, county Smithies and affected irrigation &aides,
and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable
regulations issued by OSHA, CDOT, CDPiffi. and other federal, slate, or county regulatory agencies.
2.0 CosuaCganatedgolithibk. Thecost of construction ath letes Mosinee s Estimak'7 identified
as Exhibit A shall be submitad. The 6ngineer'e Estmute shall iadude an additi .209% to account for
the ages that may be requital from Exdb. C to Exbiblt C-1. The Property Owner shall detail the costs
used in daenmitdng the constant requirement for the off -site impronmeds related to the devdopmeat. A
registered Colorado Pagipar must sign and stamp the construction coat: Rebidt A. Moore than ti0ee (3)
years have passed since the lea construction cost estimate was provided, the Property Owner shall provide
an updated construction coal estimate prior to the stint of conshkntioo.
Page 2of12
WaMe Management Disposal Services of Colon., inc. - USR lSAW - OFFSIA20-0004
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3.0 Cagaggaistatedulelainik Exhibit B ahali be provided by the Property Owner indicating the
conatr liti. sddledUle for offmitc imptovements, including an anticipated completion date. Property Owner
shall not COrtu tens construction of any improvements. record plat, or receive any permitting prior to
approval of the of this Agreement, Exhibit C, Witched hereto, is the 30% Construction Plans. Property
(timer shall submit for review, co m ant, and approval by the Deportment of Publ c Waits, 60% plans,
9096 plans. and I04% plans. Property Owner shell address all cancans and incorporate all requirements
from the final comments. Once approved by ell perks, the 100%Released fcirCoes oetioa (RFC) plans
shall be incomorsted automatically herein as Exhibit C•1, which shall replace Exhibit C in its entirety.
Exhibit C-1 shill be provided by the Property Owner and indicating the receipt of the appropriate Grading
Permit, Acecss Permit, and/or ROW Permit, if applicable. Property Owner shell substantially complete all
improvements in socardance with /fa t B in order to request the warranty period to begirt. In the event
that dm uven:441w Soetc;fute is mac than tmrtzxa: (14) calendar days b,• the schedule set forth la
Exhibit B, the Property Owner shall submit a revised construction schedule.
4.0 Mikonsimy. As required, collateral is accepted and released by the Board of
County Corami oioeas pursuant to the Weld County Code. Additional in a taunt shout collateral is
outlined in Part KB of this Agreement.
5.0 As -Built Ply, "As -built' plans shall be submitted at the thus the letter requesting release of
collateral is submitted or once the Property Owner has completed improvement v described in Part 118
Subsection 3.2.3, of this Agreese t. Property Owner shall also provide an eledroaic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Lend Surveyor or Professional Engineer.
B. ligglAgeggs The Property Owner shal l be fina ncially responsible for its proportional share of the
associated costs for maintaning and/or improving dedgoated haulAnvel routes ("Proporton! Share").
1.0 Magog, The following roads are designated as haul/travel mutes for the Property:
1) From site access point south on County Road 25 to State Highway 14.
2.0 figiajggela shall enter end exit the site at the approved access on CR 25 and travel north -south to
the nearest paved road far fiuther dispersal. Any County roads used by USRIt-0065 traffic may become
part of the established haul/Mimi routes.
3.0 SYgegjamkg, No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations, unless overweight permits have been applied for and granted.
4.0 Totpgrap 1lsejgdmis, In unusual or rare occasions, if projects (outdate deviation from the above -
mentioned haul/travel route fora limited period (six months or less), the Weld County Department of Public
Works may atheism, e, in writing, the deviation. In the cbsumeattce, ba0Ut hard vehiake vslll utilize quad
Crusty roads whenever poasBie. A deviation from due eatablLbed hsuthravel rote lssfblg more titan six
(6) months, or requests for one (1) or more deviations within a twelve (12) -month period shall authorize
the County to change the haul/travel routes designated herein, and provide notice to the Property Owner.
5.0 Haul Rome Signe. Property Owner shall install travel route sign, if applicable, as pet Manual
of t Imform Traffic Control Devices standards. at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel mutes.
Pass) of t2
Waste Managesent Disponi Services ofCalor., Inc. - inRt 11-0065 - OFFSIA20-0004
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6 0 No Deviator prom Permitted Haul Rggbp. Except as authorized by the BOCC pusuant to this
Agreement, no use of ally roads other than those specifically eulhotized for use in this Agreement is
permitted without the prior written amendment of this Agtvement.
C.ifidiftuaalkiiikassin
1.0 Off -site recurring maintenance, if applicable, es requited by the Board
2.0 Wk. Frothily Owner shell be financially responsible for its Proportional Share of excavation,
patching, and pavement repair on designated lout/travel routes. The amount and extent of repair and paving
measures will be determined by shaspeci0c conditions d the time, as detemined exclusively by County
personnel.
10 thutfainpuderamkg, In the event of damage to a designated haulltravel route by project
traffic tut causes en irnroediete threat to public health and sofAy or renders the road impassible
("Signiftcmt Damage"), Canty ahail, after inspeciiem, notify Property Owner of such Significant Damage.
Property Owner shall then* nify the repair required and shall oonsuh with County on tie extent, type, t ring,
materials and quality of repair (i.e. temporary versus pamaaent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notch, to
the extent possible. If Property Owner identifies Significant Damage prior to receiving notice thereof from
County, Property Owner may can 000oe repair of such Signifiamt Damage and shall concurrently notify
Canty of the anent, type, timing, materials and quality of repair (i. s taoporary versus permanent).
4.0 g Read: On or before December 31, of the catendor year in which Canty staff has
determined through eke analysis and/or pavement testing that a particular haulAravel route road portion will
require paving manures in order to protect the public health, safety, end wdfire, and the County hes
budgeted sufficient finds for the tbtlowiog aulcodar year to pay its share of the Off -She
Improvement/Repair Costs, County shell notify Property Owner in writing that the Off -Site
Improvements/Rapaiaa shalt be undertaken.
4.1 In County's sole discretion, County may undertake do ropes and/or totprovemento
Property Owner's payment for its Proportionate Shire of the road repeirs/tmprovements will be
calculated ere detarni fed in this Agreement. Property Owner will be invoiced ac irdingly for those
proportional sham costs.
3.0 The Canty shall notify Property
Owner of County's preliminary datarmhhdien and sssasw00 of Property Owner's proportionst share of
costs of maintenance, repair, or improvements to Property Owner's designated haulttravel routes. Prior to
County's final determt thou and assessment Canty shall provide Property Owner wish a reasonable
oppor0mity to review, comment upon end supplement County's data, collection methodology, and
detennationo. The County shall review and consider Property Owner's ukput prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's Proportional Share of costs The calculation will be detwmined aceord"ng to either traffic coats
or traffic study, or other appropriate method, then application oftlhe Proportional Share, as sir forth above,
to the total cost(s) of msinte ante, repair or improvements as determined by the County. Property Owner
agrees to pay such Proportional Share of costs within thirty (30) calendar days of receiving an invoice from
County.
00 044112
Waste Mraasgement Disposal Services of edamdo, Inc. - USR 10.0060 - OPFS1A20-0004
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6.0 Argiggjgegjgjggegge, County may conduct a road inspection annuelly with the cooperation of
Property Owner and NI other Property Owners and/or Lessees whore required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and sha11 further
determine what road repairlimProvanrot/maintenmee wort Is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the dots
becomes available.
7.0 WWI. The County shalt not* Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's focal determination and assessment,
County Mall provide Property `*met with a =aerobic O4O.Ity --view, onset upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to reeking a final determination and assessment.
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1.0 P....+ig...tips Property Owner shall runtish W County, at Its own expense, all engineering
services in connection with the design sod construction of the off -site improvements end all on -site
drainage -related amens if required by any Municipal Separate Storm Sewer System (MS4) peratit, as
identified on the accepted Construction Plans and Icding to the construction schedule set forth in the
construction schedule exhibits, The required engineering services shall be performed by a Professional
Engineer and Lend Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements. The required engineering services shall consist
of; but not he limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
2.0 Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County/shall be conveyed to the County on County -approved forts and the documents
of conveyance shall be furnished to the County for acceptance with express written atlhority of the BOCC
and recording.
3.0 rimmoggign, Property Owner shall furnish and install, at its own expense, the improvemetls (and
any dcainagarelated structures required by any MS4 permit) identified on the accepted Exhibit and shall
be solely responsible for the cast listed on the cost of construction exhibits, with the improvements being
completed also in eccadantce with the schedule set forth in the concoction sdnedule exhibits. The BOCC,
at its option, may grant m extension of the time of completion set forth In construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Ting, Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and stall Amish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a thud party instilled testing company approved by County. Such third party shall
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Waste Management Dispose! Services of Cams., Inc. — USRI a-0065 — OFFSIA20-0004
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0oohh the ca fitted results of all such toting to the County. At all times dosing said canattuction, the
County ahll have the tight to an and aspect material and work, or to requee toting and inspection of
materiel and work at Properly Owner's amain. Any material a work not conforming to the approved
plans and opedficatian, including but not limited to damages to property adjacent to the constructiat plan
sea shell be repaired, removed or teplaoed to the satisfecdon of the County at the ape= of Property
Owner.
5.0 cossadasszynk, Design and construction of all off -eke improvements shall conform to the
current version of CDOT's "Standard Specifications for Road end Bridge Construction", "CDOT Field
Materials Mower, "COOT M & S Standards and Specifications" and the Weld County Enghheaing and
Construction Guidelines.
6.0 Tint& Carrel, Prior to any construction in Calmly and/or State ROW, and as a condition of
issuance any ROW or Access Permit, the Property Owns shed( submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the gtmt-cur an
version of the Manual of Uniform Traffic Control Devices.
B. Callatenli
l.0flowliassiccomakSallaml. Property Owua shag provide to county the necessary
collateral to garages all of Property Owner's obligations undo this Aproanent: (1) ProfecrCollared,is
required for eompledon of off -site improvements, a described in this Agreement; (2) Warranty Calmed!
merest
is required for all off -site impmveatents during the two-year warranty period Collateral acceptance and
release is governed by the Weld County Code.
1.1 per( shall be submitted to guataotee completion of off -site improvements
identified in the 'sahib. Project Collaeral must be submitted in an asount equal to 10051, of the
value of the improvements, as calculated in the cost of coestruction exhibits. Project Collaerel
must be submitted at the time of execution of the Agreement, unless °thawise directed by the
Board of County Commissioners. in the event drat Property Owner fills to adequately complete
the required improvements, Cowry may, in its sole discretior, awns Project Colletasl for the
purpose of completing such improvements. It may be necessary to provide addidonsl collateral in
the event the cost estimate is olds ten three (3) years. NO WORK SMALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
1.2 shall be submitted end held by the County until release after the two-
year warranty period following die Cowuy's initial approval of the improvements. Warranty
Ctltaaalshall beinenamo ntego.ito 15% of Project Conduit Inthe event thatPropertyOwner
falls to adegtmkh' complete or repair improvements during the y period, followtog seven
(7) calendar days written notice to the Property Owner by the County, County may, in its sole
discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 fene.gr, Collateral may be in the form of a letter of credit, a suety bond, or a cash
deposit subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
3.0 PoOo.a ofCograni Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For oollataal tease, the Planning Depsrosao conducts inspections for em -site
improvements, and the Department of Public Works conducts inspections fa off -site improvements.
Page6of12
Waste Maugemeal Disposal Services of Colo., roc. - USR111-0065- OFFS tA20-0001
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3.1 J®ioi of Reimer. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approve( by the County. Warranty Collateral
shall be withheld by Coumy at the doe of release of Project Col Waal or may be submitted
separately by Property Owner. Warrmn<y Collateral may be released upon the approval of the
County at the end of dm two-year warranty period.
3.2 Rogues for Release of Collaarel. Prior to release of collateral by Weld County fix the
entire project or fora portion of the project, the Property Owner must present a Statement of
Subatentiai Compliance flora an Engineer registered in the State of Colorado. The Stammeol of
Substantial Compliance shall state that the project ore portion of the project has been completed
in substantial compliance Witt accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has trade regale an -site
inspections during tie course of construction and the oonehuction plans utilized
are the sane as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test resuhs must be
suhomited for all plisses of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materiels sampling, testing and
inspections feud Io CDOT Materiels Manual.
3.2.3 "As -built" plans shell be submitted ar the time the letter requesting release of
collateral is submitted or at such time as the Property Oawta has completed
improvements as shown on the Exhibit C andlor Fahlbit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shell certify
that the projed acs -built" is in ...dal compliance with the plans and
specifications as approved, or that arty material deviations have received prior
written acceptance from the Canty Engineer.
33 Comte, Rc31nse to Remelt far Release of Coll, Following a written request far
release of collateral, County peraa met will inspect the Improvements as provided in this
Agrotment. Upon approval, the Board of County Commissioners may release said collateral,
C.
Amitaistuaganumelit
1.0AtMeldeneL0MMILImaggransalli, Upon comploiwu cfthe off -site improvemmta. as se( forth
in Exhibit C-1, Property Owner shall contact the Weld Calmly Department of Public Works and request an
inspection of such improvements. Upon request, County personnel will initiate the inspection, approval,
and acceptance process.
2.0
2.1 Upon completion of construction of all off -site improvements as described in the
Construct. Plans, Property Owner ehe(l submit to the Weld County Department of Public Works
e Statement of Substantial Compliance by Property Owner's Engineer along with "as -built"
drawings es required in subsection B.3.2.3, above, and shall request County Mapco. of the
Off -Site Improvements. County penonnet shell then inspect the improvements. If the Comity
determines the improvements were not constructed do accordance with the Construction Plans, the
P.317 an
Waste Managemaon Dispose Saviors of Colorado, Inc. — USAla-006! — OFFS102o-00o/
I4uWI4IIIIUN
County shall diret the Property Owner to correct the deficiencies. ("Deficiencies") If the County
determines the improvements were constructed in accordance with the Construction Plans, the
County shall Wtimlty approve the Off -Site hmproveneuta
2.2 TWo-Year Womanly Pgdpsk Such initial approval begins the two-year w , iy pied.
Upon completion of t e two-year warranty pedal, Canty Public Works personnel shall, upon
request by the Property Owna, inspect the subject improvanents, and notify the Property Owner
of any Deficiencies. If any Deficiencies arc discovered, the Property Owens !hall correct the
deficiencies County personnel shall ft -inspect the improvements after notification fiom the
Property Owner that said Deficiencies have been corrected. If the County personnel funds that the
improvements are construted according to County wader, he or she shell approve the
improvements. Such find approval shall authorize the Property Owner to request the Board of
County Commissioners to release the warranty Collates'.
2.3 If requested by the
Property Owner and agreed by the Comity, portions of the immprovenneMs may be placed in service
when completed neadithg to the sdhe4tk shown on the construction schedule exhibit, but such
use end operation shall not alone constitute en approval or aooeptance of said portions of the
improvements. Coturty may, at its option, issue building permits for can eat mmetion for which the
improvemene detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit, and may continue to issue building permits so long as tine
promos of work on the improvements is satisfactory tothe County, and all tams ofthis Agreement
have been falth.11y kept by Property Owner,
D. Egiellu Property Owner a required to apply for and receive all permits required by the County
or any other applicable log!, Sete, or federal permit, including but. limited to:
1.0 AcanaiNagb, Property Owner shell not use any access onto any County mad unless and until
an access permit has been issued by the Dep.. of Public Works. Public Works may condition the
imam. of en updated seams permit on die amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change in use of the turret access point, as
permitted by Artide XIV of Chapter 8 of the Weld Canty Coale.
2.0 RughttetryjaMearpis, Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Departmerd of Public Works. No work
shall occur without said ROW permit.
3.0 lansiggLhogie. Per Article XV of Chapter 8 of the Well County Code, a Weld Coney
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manna.
E.
1.0 tf in County's opinion, Property Oven has violated =yea.
tams of this Agreement, County shall notify Property Owner of its belief that the Agreduem has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) Wender days witdn which to either cure the violation or
demonstrate compliant. or demonstrate that compliance is not readily achievable within fifteen (15)
calendar days and the Property Owner is taking apptopriee saps to remedy the matte. If, after fi.n (15)
Papa 0112
Waste Management Disposal Service. orCo1Mo, lac -USRI a-0165 - OFFSIA20-0201
►1a W1g a/ M aiu.t
calendar days have elapsed, County believes in good Brett that the violation is continuing, County may
consider Properly Owner to be in breach of this Agreement.
2.0 Sagerkg for &ooehbv Prapenv Owner In the event that County deee0esines that Property Owner
has violated the GUMS of dds Agreement, and hs Gtlked to comet mid violation alter seven (7) celaudar
days wi na'notice, County may exercise any or all of the following ranedies, or snyotherremedy available
in law or equity.
2.1 AccgmandjAggrgaggg, County may accent and use collateral to address the issues
specific to the violation For crimple, the County may access and use Project Collateral in order to
complete improveme is ae squired by the Construtioe Plans, when such improvements have not
been completed m accordance with the Cnnennetion Scher..
2.2 Withhddina Poe►its. County may 'lock' any or all lots within the Property, which
precludes the continued issuance of building pennies, zoning permits, septic permits, or any other
permit issued by arty deportment of the County.
2.3 r,mitjagm. Colony may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Colt for the District of Cot000do accept that no such civil amen
or order shell be necessary to access collateral for the purpose of completing improvements as
described shove.
2.4 Scowl °. of USR Pgmjl, Property Owner acknowledges that failure to comply with the
tetras of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0
events:
This Agreement shall temtinate upon the earliest of the following
3.1 reggigSganig., Canty may terminate this Agreement upon or note revocation of
the underlying land use appaovel under Wdd County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the Comely determines
nmeasary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Termination of this Agraemattahell occur upon
Property Owner's complete cessation of all setivities permitted by the USR including any clean up
or nitoeation required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial rdeaadvacatim constitute a Termination.
Unless informed in writing by the Property Owner of ceaaadon of activities, and verified by the
County, cessation shall only be presumed if the Canty determines that the USR has been inactive
for three (3) continuous years. Property Owner dull not be entitled to a release of Project of
Morality Collateral unless and until the improvements required by this Agreement are completed.
33EllfilltallfalifiblialWANIMIL This AgooOmatt shill toettittefe following ...Vs
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the tights and privileges available to k tlratrgh the then existing USR.
Page, of 12
Waste Mmegement Disposal Services ofColomdo, Inc. — USR I&0065—OFPSIA20-0000
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3.4 InggegignAllia, This Apeaoeat shall terminate fallowing County's revocation of
Property Owner's t1SR,exceptdotthePropertyownerShallonlybereleasedtkomthisAlga.ne
after the succeseild completion of all improvements required under this Agreemteot, which may be
completed by County after wassail Property Owner's collatent if Property Owner fails to
complete Such Improvements.
F. Citi
1.0 Sll find dellight
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written of Comfy and t e written egreument ofthe party to whom
the obligations under this Agteemtrl are assigned. Consent to a delegation or an assignment will
not be unnsasoriably withheld by County. In suds case, Property Owner's release of ib obligations
shell be accmnplisbed by County's execution ore new Improvements Agreement with the
successor owner of the property.
1.2 County's rights and obligations order this Agreement shall autamiticelly be delegated,
transferred, or assigned to any municipality which, by and through ammeaatoo proceedings. has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 IF any term so condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court ofcompetent jurisdiction, this Agreement shank construed end eatbrced without
such provision, to the extent that this Agreement is then capable of execution within the original tenant of
the parties,
3.0 goyrmstaggellgaggmky. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immmdties, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§ 2410.101 et seq., as applicable now or Weider amended.
4.0 Argadraggualsgadirei My amendments or modifications to this agreement strut be in
writing and signed by both patties.
3.0 klagnfamaneggfigka, It is expressly understood and agreedthat tlu enforcement oftm terms
and conditions of this Agreernent: and ell tights of action relating to such enforcernent, shall be strictly
reserved to the tmdenigned ponies and nothing m this Agreetn. shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express indention of the
osdersig ed parties that any entity other than the undersigned panties receiving services or benefits under
this Agreement shall be in incidental beneficiary only.
6.0 licid of County Commissioners of Weld County Approval This Agreement shellnot he valid
until it has been approved by the Board of County Coovoissionors of Weld County, Colorado or its
designee.
7.0 fardwriamythgbdigfon, Colorado law, and rules and regulations established pungent thereto,
shall be applied in the interpretation, execution and enforcmmant ofthle Agreement. Any provision included
or incorporated herein by referotee which conflicts with said laws, ndes maw regulations shall be cull
and void. In the event of a legal dispute between the parties, the peeties agree that the Weld County District
Page 10 of 12
Writ ?Amusement Disponi Services of Colons., Inc. -1.11015-0061 - OFFSIA20-0001
Ne, OeorslY, 00
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Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneyf' Faeeti earl Cogs, In the event of a dispute between County and Property Owner,
concreting this Agoeentod, the paths agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf
9.0 Phase of Lability, Property (hater shall indemnify and hold harmless the County from any and
all liability loss end damage County may suffer as a nark of all suits, actions, or claims of every nature
and description caused by, raising ftom, oron account ofthe negligent and/or % iilful acts ofProperty Owner
end pay any and all judgments rendered against the County as a result of the negligent and/or willtbl acts
of the Property Owner All contractors wad other employees e.g. in eomstr dion retire *prov!n Mtn
by Property Owner shall maintain adequate worker's compensation insurance and public liability insurance
coverage and shall operate in strict accordance with the laws end regulations of. State of Colorado
governing occopadonal safety and health. Each party is to bear the cost of its negligent or witlfal acts.
10.0 Itiggig&haValigtholgNet Weld County does not agree to binding arbitration by any exda-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sioer. Each person signing this Agreement reprwenls and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party remnants and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorised and that the Agreement is a valid and legal agreement
bindmg on such party and enforceable to accordance with its tams. If requested by the County, Property
(honer shall provide the County with proof of Property Owner's authority to titter into this Agreement
within five (5) days of receiving such request.
12.0 Agkriregigring& County end Property Owner acknowledge that each has read this Agreement,
understands it end agrees to be bound by its terms. Both patties Whet agree that this Agreement, with the
attached or incotpoated Exhibits, is the complete end exclusive statement of agreement betweenthe parties
and supersedes all proposals or prior agreements, oral or written, end any other communications between
the patties relating to the subject mattes of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any tam in this Ageemat end the Resolution of. Board of County Commissioners
approving the urderlyba land usepermit, the provisions of the Board's Resolution shell control. In the
event of a discrepancy between this sgrotanent end the Weld County Code in effect at the time of the
agreement, the tams of the Weld County Code shall control.
Page 11 of 12
Waste Management DisponiServices ofColorado, Ina -USRle-0065-OFFSIA20.0004
of 4t.
t 8trearW1e County, Co
I�It ielVittilifiMk II II
OWNER: W Management Disposal Sere. of Colorado, Ise.
By. chi,,,r,,,.e.../, ,r p 7U-4 23, 2.020
tuam� km. A. Wilson
Title: Vice Fres
STATE OF ILLINOIS )
Cowry of Daaege
The foregoing instrument was acknowledged before me this23day of J-111-4
2020, by James A. Wilson, Vice Resident, Wastr Management Disposal Services if Colorado, Inc.
WITNESS my hand and official seal.
lc
My con...sion expves:
10/42023
WELD COUNTY:
Page I2 of 12
Waste Mensgement Drpand Services °Motor., lee — USR1&0065—OFFSIA20-0004
�nralo tCt
t l2 o/M NI Klikle1TM INIA ■NI
2?o-a3i!.,
Contract Form
Maw Continict Request
tri�d�l�itQi
BMW Name*h, �*
WASTE MANAGEMENT DISPOSAL W00000870
SERVICES OF COLORADO, INC.
Contras Nom* Contras ID
PARTIAL RELEASE OF COLLATERAL THROUGH ACCEPTANCE 6978
OF WARRANTY COLLATERAL BOND RIDER WASTE
t•nrmrrar r osrl
MANAGEMENT DISPOSAL SERVICES OF COLIO, INC n ARAL
JTRUJILLOMARTINEZ
USRI 8-0065
Contract Status
CTB REVIEW
❑ New Entity?
Parent Contract U
Requires Board Approval
YES
Contract Lead Email Department Protect;
jtru jillomartinez@ weldgov.c
om
Contras Description •
PARTIAL RELEASE OF COLLATERAL THROUGH ACCEPTANCE OF WARRANTY COLLATERAL BOND RIDER WASTE MANAGEMENT
DISPOSAL SERVICES OF COLARADO, INC USRI 8-0065 WARRANTY COLLATERAL TO BE ATTACHED TO THE ORIGINAL BOND
NUMBER LICX1197283 IN THE ACOUNT OF $93,487.11
Comet Description 2
Contract Type*
AGREEMENT
Amount'
$93,487.11
Renewable'
NO
Automatic Renewal
Grant
Departmem
PLANNING
Department Email
CM -Plan ning@iveldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYVWELDG
OV.COM
Requested BOCC Agenda Due Date
Date* 05?18/2023
05/22/2023
Wdl a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept to be ieduded?
NO
N this is a renewal enter previous Contract ID
If this is part of a MA enter NSA Contract B?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
C liltlatoattS
Eifeative Date Review Dare. Renewal Date
05/22/2024
Termination Notice Period Committed Delivery Date Expiration Date*
05/22/2025
Contact
CootaCt Info
Contact Name Contact Type Contact Erna Contact Phone 1 Contact Phone 2
Pur`thasing
Purchasing Approver Purdhasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
TOM PARKO JR. CHRIS D'OVIDIO BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
05/12/2023 05/12/2023 05/16/2023
Final Approval
BDcC Approved
BOCC Signed Date
BOCC Agenda Date
06/07/2023
Originator
JTRUJILLOMARTINEZ
Tyler Ref i
AG 060723
Hello