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HomeMy WebLinkAbout20252752.tiff Resolution Approve Acceptance of Collateral for Reclamation of Land for North Greeley Sewer Phase 2A — Connell Resources, Inc. Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 22nd day of September, 2025, the Weld County Department of Public Works received a Grading Permit application, GRD25-0030, from Connell Resources, Inc. (on behalf of the City of Greeley), 7785 Highland Meadows Parkway #100, Windsor, Colorado 80528, for the construction of a portion of the City of Greeley's sewer line project,North Greeley Sewer Phase 2A, which will affect three (3) unincorporated parcels along 6th Avenue, on the following described real estate, being more particularly described as follows: Parcel 080332302002 — Part of the E1/2 SE1/4 SW1/4 of Section 32, Township 6 North; and part of the E1/2 NE1/4 NW1/4 of Section 5, Township 5 North, both in Range 65 West of the 6th P.M., Weld County, Colorado Parcel 080332000060 — Part of the S1/2 SE1/4 of Section 32, Township 6 North; and part of the NW1/4 NE1/4 Section 5, Township 5 North, both in Range 65 West of the 6th P.M., Weld County, Colorado Parcel 096105102002 — Part of the NW1/4 NE1/4 of Section 5, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Whereas, collateral for the reclamation of these three (3) parcels was provided in the form of Subdivision Performance Bond #108346034, insured through Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $32,100.00, which covers 125% of the reclamation cost, as required in Section 8-12-80.D of the Weld County Code, and will be retained for the duration of the two (2) year period, or until final stabilization has been met, as defined in Section 8-9-50 of the Weld County Code, and Whereas, staff recommends acceptance of said Subdivision Performance Bond, since it complies with Sections 8-12-80.D and 8-2-40 of the Weld County Code. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that Subdivision Performance Bond #108346034, be, and hereby is, accepted. Be it further resolved by the Board of County Commissioners that Subdivision Performance Bond #108346034, insured through Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $32,100.00, guaranteeing the reclamation of said land, be, and hereby is, accepted. Pas:10 27�/2025 10:48 11 AM RiFae:of $.00 cc:pL(DE/KW0A/STM/DA/ Carly Koppes, Clerk and Recorder, Weld2025-2752 III I �.rR' Ifh 'll��'I 'f�hLi�kI �P'rM ,hc1ZIi4 1111I "/20/ -5 EG0077 Acceptance of Collateral for North Greeley Sewer Phase 2A — Connell Resources, Inc. Page 2 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 8th day of October, A.D., 2025: Perry L. Buck, Chair: Aye rs -� Scott K. James, Pro-Tern: Aye ,�►rr �.: Jason S. Maxey: Aye r if 1 Lynette Peppler: Aye ' ` .,.,, Kevin D. Ross: Aye \ / Approved as to Form: '�'► „ „ ,+� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board o 2 5061011 PageM Wf' R2 Feef:$0.00 10/27/2025 10:48 Aald Carly KoaPas, Clerk and Recorder 2025-2752 Il��1�' �'�'i�':���4M����1+ .�' ,II EG0077 MEMORANDUM TO: Clerk to the Board 1861, DATE: October 6,2025 •���,; ,,�', �a FROM: Dawn Anderson,Planning Services Department ' C.I)Nil-7c SUBJECT:BOCC Agenda Item-Approve Performance Bond for Reclamation of City of Greeley's Sewer Line Project: Connell Resources-Grading Permit GRD25-0030 Request to Approve Performance Bond for Reclamation: On September 22,2025,the Department of Planning Services received a grading permit application from Connell Resources,on behalf of the City of Greeley,for the construction of a portion of the City's sewer line project,North GreeleySewer Phase 2A,which will affect three unincorporated Weld County parcels (Parcels 080332302002, 080332000060 and 096105102002).These parcels are located along 6'Ave and fall within floodplain and MS4 boundaries.A Performance Bond for the reclamation of these three parcels was provided in the form of Bond#108346034 issued by Travelers Casualty and Surety Company of America in the amount of$32,100.00.The Performance Bond covers 125%of the reclamation cost in compliance with Sec.8-12-80D of the Weld County Code and will be retained for the duration of the two-year period or until final stabilization has been met as defined in Sec.8-9-50 of the Weld County Code. Weld County Departments of Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All items on the Subdivision Performance Bond for Reclamation of City of Greeley's North Greeley Sewer Phase 2A project associated with GRD25-0030 have been found to be acceptable and in compliance with Weld County Code. Weld County Collateral List: Connell Resources,Inc/City of Greeley GRD25-0030 Performance Bond#108346034 Travelers Casualty and Surety Company of America,$32,100.00 Recommendation: The Departments of Planning Services,Public Works,and the County Attorney's Office recommend approval of the Performance Bond fortheReclamation of the City of Greeley's North Greeley Sewer Phase 2A project associated with GRD25-0030. cc: Lyndsay Holbrook,Public Works 2025-2752 (0/8' EC 0 —7 C ri HUB International Colorado 2000 S . Colorado Blvd . , Tower II , Suite 150 Denver , CO 80222 Toll Free : ( 888 ) 795 - 0300 hubinternational . com 10 / 6 / 2025 Weld County 1150 0 Street Greeley , CO 80632 RE : Connell Resources , Inc . Bond No . : 108346034 Project : Subdivision Development Bond - North Greeley Sewer Phase 2A- Weld County Grading Permit and MS4 To Whom It May Concern : As the contract for this project has not yet been dated , this letter is to inform you that you have the authority to insert the Contract Date on the above mentioned bond and Power of Attorney . Please remember the signed and sealed date indicated on the bonds cannot be prior to the contract date . The date must be on or after the contract date . The date: on the Power of Attorney must also match the signed and sealed date of the bond . Feel free to contact me directly should you have any questions . Sincerely , ts 0 HUB K ' Anne E . Vogel , AFSB Surety Account Executive HUB International Colorado Office : 9704- 541 - 6026 Mobile : 970 - 966 - 3269 To l I - free : 800 - 748 - 2400 Fax : 866 - 290 - 9290 kanne . vogel@hubinternational . com • SUBDIVISION Travelers Casualty and Surety Company of America PERFORMANCE Hartford , CT 06183 BOND ( Annual Premium until Released by Obligee ) Bond Nor : 108346034 KNOW ALL PERSONS BY THESE PRESENTS , That we , Connell Resources , Inc . called the Principal , and Travelers Casualty and Surety Company of America , a Connecticut corporation . called the Surety . are held and firmly bound unto Weld County , Colorado called the Obligee . in the sum of Thirty Tno Thousand One Hundred and NO / 100THS Dollars S32 , I00 . 00 ) for the payment thereof said Principal and Surety bind themselves . jointly and severally , as provided herein WHEREAS , in order to file a plat or subdivision map , or to obtain a permit , the Principal has entered into a contract with the Obligee which requires the Principal make certain improvements to the land as more particularly set forth in North Greeley Sewer Phase 2A - ' Veld County Grading Permit and MS4 ( hereinafter referred to as the " Contract " ) . NOW , THEREFORE , the condition of this obligation is such that if the Principal shall construct the improvements described in the Contract on or before ocsro F ap ; ' 1 ( or within such further extensions of time that shall be granted by Obligee in writing and consented to In writing by Surety ) . then this obligation shall be void . otherwise to remain In full force and effect . This obligation is subject to the following conditions : 1 . This bond runs to the benefit of the named Obligee only . and no other person shall have any rights under this bond . No claim shall be allowed against this bond after the expiration of one year from the date set forth in the preceding paragraph . or one year from the end of the latest extension of time consented to in writing by Surety , whichever occurs last . If the limitation set forth in this bond Is void or prohibited by law , the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable . 2 . This bond is not a forfeiture obligation . and in no event shall the Surety ' s liability exceed the reasonable cost of completing the improvements described in the Contract not completed by the Principal , or the sum of this bond , whichever is less . Signed this 8�� day of d C . * Q aoas • Connell Resources , inc . ( Principal ) By : Whin / It " , ip , :r4 MeWarren, PreSickllt � ., w ` , , %� raveers Casualty and Burch • Company of America • s ^% _ : : • tit. • 1 � ,� o •° ; '` ; : K ' . not E . ♦ rouel , A Hrney - In - Fact Travelers Casualty and Surety Company of America Alik Travelers Casualty and Surety Company TRAVELERSJ St . Paul Fire and Marine Insurance Company _ Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company , St . Paul Fire and Marine Insurance Company , and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut ( herein collectively called the " Companies " ) , and that the Companies do hereby make , constitute and appoint Donna L . Adams , Ashley K . Anderson . Barbara J . Arnold , Timothy J . Blanchard , Lynn Christine Bosman , Mary Ann Eurich , Vickie Golobic , Andrew P Walters , Nikki M . Mosbrucker , Terri L . Reese , Robert Charles Torrez , Christina L . Townsend , K ' Anne E Vogel , Nicole Lee McGuire , and Jennifer J . Walker of Denver , Colorado , their true and lawful Attorney - in - Fact to sign , execute , seal and acknowledge any and all bonds , recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law , including the following bond : Surety Bond No . : 108346034 OR Principal : Connell Resources , Inc . Project Description : Obligee : Weld County IN WITNESS WHEREOF the Companies have caused this instrument to be signed , and their corporate seals to be hereto affixed , this 21st day of April , 2021 . os s � ,' '' + +`firr WRIRIOICA • ms oc °,� +� r� 'J , � : Its i � 1 982 0 SA CONK . .:, CCM fc, t * ic . State of Connecticut •� . . :bit �b � a By , • y • Robert L . Raney enior Vice President City of Hartford ss . On this the 21 st day of April , 2021 , before me personally appeared Robert L . Raney , who acknowledged himself to be the Senior Vice President of each of the Companies , and that he , as such , being authorized so to do . executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer . IN WITNESS WHEREOF , I hereunto set my hand and official seal . ci; RNo - 17,N... frixiyhoot / My Commission expires the 30th day of June . 2026 hotAny pue . 1 ic nna P . Nowik , Notary Public e°P•AfFcct," This Power of Attomey , s granted under and by the authorty of the following resolutions adopted by the Boards of Directors of each of the Companies , which resolutions are now in full force and effect , reading as follows . RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President , any Vice President , any S econd Vice President , the Treasurer , any Assistant Treasurer , the Corporate Secretary or any Assistant Secretary may appoint Attorneys - in - Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company ' s name and seal with the Company ' s seal bonds , recognizances . contracts of indemnity , and other writings obligatory in the nature of a bond . recognizance , or conditional undertaking , and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her ; and it is FURTHER RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice P resident may delegate all or any part of the foregoing authority to one or more officers or employees of this Company , provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , that any bond , recognizance , contract of indemnity , or writing obligatory in the nature of a bond , recognizance , or conditional undertaking shall be valid and binding upon the Company when ( a ) signed by the President , any Vice Chairman , any Executive Vice President , any S enior Vice President or any Vice President , any Second Vice President , the Treasurer , any Assistant Treasurer , the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company ' s seal by a Secretary or Assistant Secretary ; or ( b ) duly executed ( under seal , if required ) by one or more Attomeys - in - Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority ; and it is FURTHER RESOLVED , that the signature of each of the following officers . President , any Executive Vice President , any Senior Vice President , any Vice President . any Assistant Vice President , any Secretary , any Assistant Secretary , and the seal of the Company may be affixed by facsimile to any P ower of Attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys - in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof , and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached . . ` I . Kevin E . Hughes , the undersigned , Assistant Secretary of eactitif kIle canipaolys� , db - hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies , whrcFt r r� s 11 et 1611 .7:41. ff, ect . 1 to Dated this day of . '? ; Q ;ati : j ;es •v Mea SIt i " wry ��� , l e "a ♦ OM c hs �i ��, . . � . .. , • t git * le - • ti -.. ' ' " 74 . • u. Sr en\ I\ CCIPit4,f g1e1 MAtroro . O nSlit t i l 9 8 • •: , ate . .. CAM , * Stbi i . Lti 1 = e • „ * + + + • e * i ; f•1 `1 *� even E . Hughes . Asses ant Secretary To verify the authenticity of this Power of Attorney , please call us at 1 - 800 - 421 - 3880 . Please refer to the above - named Attorney - in - Fact and the details of the bond to which this Power of Attorney is attached. Hello