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Home My WebLink About20233339.tiff RESOLUTION RE: APPROVE FULL RELEASE OF WARRANTY COLLATERAL FOR MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR15-0020, AS RELATED TO USE BY SPECIAL REVIEW PERMIT, USR-1687 - JOURNEY VENTURES, LLC, C/O J-2 CONTRACTING COMPANY,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 April 22,2009,the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit,USR-1687,for Journey Ventures, LLC,P.O. Box 129,Greeley, Colorado 80632,for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants, along with importation of resource material,in the A(Agricultural)Zone District,on the following described real estate,to-wit: Lots A and B of Recorded Exemption, RE-4744; located within the SE1/4 and SE1/4 NE1/4 of Section 7,Township 5 North,Range 64 West of the 6th P.M.,Weld County,Colorado WHEREAS,pursuant to certain Conditions of Approval,on September 7,2011,the Board approved 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 Journey Ventures,LLC,with terms and conditions being as stated in said agreement, and accepted Performance Bond#34BCSFX7461 from Hartford Casualty Insurance Company,One Hartford Plaza,Hartford,Connecticut 06155,in the amount of$31,800.00,and WHEREAS,on December 27,2017,the Board approved a First Amendment to said Improvements Agreement to establish a secondary haul route allowing trucks to also turn east onto County Road 58 and head to the intersection with County Road 53 and then disperse,and WHEREAS,on August 29,2018,the Board approved project collateral in the form of a Performance Bond,#2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,in the amount of$901,249.00,in conjunction with a Second Amendment to said Improvements Agreement to add Exhibits A-1 and B-1 regarding required off-site improvements and release of expired prior on-site collateral,in the form of Performance Bond #34BCSFX7461, from Hartford Casualty Insurance Company, One Hartford Plaza,Hartford,Connecticut 06155,in the amount of$31,800.00,and 4932865 Pages' 1 of 3 11/Car1ZY9/2023 Koppes,100:57 Clerk anld Recorder,W.00 eld County,CO VIII �s�ILMih�l's�l h�l��'4�k�I�� VIR� M MI��W�h 1I III cc (T?1MNroA13TM1<) i2/2.O/23 2023-3339 PL2007 FULL RELEASE OF WARRANTY COLLATERAL- JOURNEY VENTURES, LLC, C/O J-2 CONTRACTING COMPANY,INC.(USR-1687/MUSR15-0020) PAGE 2 WHEREAS,on September 19,2022,the Board approved release of the project collateral in the form of Performance Bond#2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company, Attn: Dulce R. Huggins, Attorney-in-Fact, in the amount of $901,249.00,and accepted warranty collateral in the form of a General Purpose Rider which is attached to and forms part of Bond Number 2269333,for J-2 Contracting Company,Inc.,issued by Swiss Re Corporate Solutions America Insurance Corporation, formerly North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,decreasing the amount of the Performance Bond from$901,249.00 to$135,187.35 for the two(2)year warranty phase ending September 1,2023,and WHEREAS,the Department of Planning Services received a request from Chris Leone, representative of J-2 Contracting Company, Inc., requesting that the Board of County Commissioners release the warranty collateral for Journey Ventures,LLC,c/o J-2 Contracting Company,Inc.,in the amount of$135,187.35,for the two(2)year warranty phase that ended on September 1,2023,and WHEREAS,upon recommendation of staff from the Weld County Departments of Public Works and Planning Services who conducted a final site inspection,the Board deems it advisable to release said warranty collateral. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the currently held warranty collateral,in the amount of$135,187.35,held in the form of a General Purpose Rider which is attached to and forms part of Bond Number 2269333,for J-2 Contracting Company,Inc.,issued by Swiss Re Corporate Solutions America Insurance Corporation,formerly North American Specialty Insurance Company,Attn:Dulce R. Huggins, Attorney-in-Fact, One Hartford Plaza, Hartford, Connecticut 06155-0001, be, and hereby is,released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be,and hereby is,directed to return said collateral to the appropriate issuing party. 4932865 Pages: 2 of 3 11/29/2023 10:57 AM R Fee:$0.00 Carly Koppel,Clerk and Recorder,Weld County,CO 1111 I�.r �1� MIINU Mk DD 2023-3339 PL2007 FULL RELEASE OF WARRANTY COLLATERAL- JOURNEY VENTURES, LLC, C/O J-2 CONTRACTING COMPANY,INC.(USR-1687/MUSR15-0020) PAGE 3 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 13th day of November,A.D.,2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: I 4) Csjei; (� — G_ Mik eman,Chair Weld County Clerk to the Board COet-el m It) O 1L, Perry L.Bu , ro-Tem BY:C__ :(''.111 �zr Deputy Clerk to the Board , L K James APPR'VED AS TO FORM: Pf_ �=��- i]Ross Der,, County Attorney 11IZ1 I r aine Date of signature: 23 4932865 Pages: 3 of 3 11/29/2023 10:57 AM .00 Carly Koppes,Clerk and ikFieek:4$0 Weld County,CO alak4,I !41;113 FI('1i 1I 111 2023-3339 PL2007 CLERK TO THE BOARD 1$(jl PHONE:(970)400-4227 lji DI`, cm,- t())—//, --l�--�,. r"'�-7 FAX:(970)336-7233 70\!1�n !l/j [r'\IP --w--� 114\,, 1150 O STREET P.O.BOX 758 '" GREELEY,CO 80632 �� GOU!s_. ._, ir N1 lium January 2,2024 Mr.Chris Leone J-2 Contracting Company 105 Coronado Ct.Unit A-101 Fort Collins,CO 80525 RE: Release Warranty Collateral in the form of Performance Bond and General Purpose Rider#2269333-$135,187.35—MUSR15-0020/USR-1687— Journey Ventures,LLC,c/o J-2 Contracting Company,Inc. Dear Mr.Leone: Attached please find a copy of the Board of County Commissioner's Resolution, dated November 13,2023,authorizing the release of the Performance Bond and General Purpose Rider in the amount of$135,187.35.Additionally, I have included copies of the letter sent to the insurance company and released collateral. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weld.gov. jy my yours, Cheryl .Hoffman Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo-Martinez,Department of Planning Services Tom Parko,Max Nader and Chris Gathman,Department of Planning Services Clerk to the Board File PL2007 ›+ � 2 r.. U C C Q- > " v t O O N u) cp QI .al N im p �.,.., a) O Q Cr E M • t n� Q Q O _~ > Z X •El ifs E c = c U . S . Postal Service 9 kr W -o ° ° o ccS TT, i7 TJ U U O ° RECEIPT I PT 7" CC CERTIFIED MAIL R C w -auer� Cam- Domestic Mail Only : U -° "c315).? o E 3 ti000inCocc a ,� Lu s , a) o D'" For delivery information, visit our website at www. usps.com . CI d E n DOD DO o pan Z � o'-' OFF ! r 4*We. 4 \t`b)W9 5' ei:j1 . Iii S E „:,..._ . ., . 0 Li Ei'r c -O a iti N Certified Mail Fee O Z a2i ' ai o u) > -a a Extra Services & Fees (check box, add fee as appropriate) N ❑ Return Receipt (hardcopy) $ . _ a) N '- 't:7 pi ,v CC ❑ Return Receipt (electronic) $ Postmark t - a so 0 1- �, a IL- O ❑ Certified Mail Restricted Delivery $ Here a 2 le ®Dr- cc .≥ Adult Signature Required $ N • Adult Signature Restricted Delivery $ Lij O Postage 31p� Z CC cn C 4a = F 8 8 m ul / / 0 a2 EC $ U Q X m -cl ri e7 ¢ � UU -5 co c o rg Total Postage and Fees U' $ c N S n i To rR , ilsett fr ia.tettAfte-i---1 \seb 01 tre t • Apt. N ., or O tC(t/ v No S L0 a) .17 rn City • late, ZI 4 '� _ � � _ o Ala ,� IMIIIIMMIa a PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 0 ,) O E0 ,` \ O o U � o 4 V�J _ (0 a o w O 4- cc ` co CO 1:3 Ott'fc -on -Q !, N c o O its O _ (D `-.L, ENI No O aININIMMINIIII (t) EE c c IMEni CD al cd v c O [i�� L O a) a � � ° � _ Ear op lir Q a a5 -C Q Is 0) z r- C7 W .� .c U c a) � o c -� as o 3 U � �' L O Z Oa LoQ S 4 Qr-i IL Wco 0 ■ ■ ■ c\i CI 0... U . S. Postal Service" CERTIFIED MAIL° RECEIPT in Domestic Mail Only ui tr For delivery information, visit our website at www. usps.com . I.17 c 4.VS r I NA ,.. ... ,.. -.. ...,,,. ins ‘1 1 r- Certified Mail Fee ...D $ U ' Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ C 0 Return Receipt (electronic) $ Postmark O Certified Mail Restricted Delivery $ Here D ❑ Adult Signature Required $ ci V!� a • Adult Signature Restricted Delivery $ l-— ai Postage U, $ = Total Postage and Fees riq r-i --1:472 Zenthig ae....1 A rs- et d , or O Box Ntic`, , K:t A - / 1 Ci tat l' 4* / , CO , o 52 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions a 010 5 55 CLERK TO THE BOARD l8bls, PHONE:(970)400-4227 r._ ` - FAX: (970)336-7233 \If Iiiiii ill 1150 O STREET _, P.O.BOX 758 1'1 //1 j) GREELEY,CO 80632 COUNT „ January 2,2024 Mrs.Dulce R.Huggins Flood and Peterson 4821 Wheaton Drive Fort Collins,CO 80525 RE: Release Performance Bond and General Purpose Rider#2269333— MUSR15-0020/USR-1687 Journey Ventures,LLC,c/o J-2 Contracting Company,Inc. Dear Mrs.Huggins: Enclosed please find the released Performance Bond and General Purpose Rider and a copy of the Board of County Commissioner's Resolution,dated November 13,2023,authorizing the release of the Performance Bond#2269333 held as warranty collateral in the amount of $135,187.35 for MUSR15-0020 / USR-1687, Journey Ventures, LLC, c/o J-2 Contracting Company,Inc. If you have any questions,please contact me at(970)400-4227,or email choffman@weld.gov. V truly yours, Cheryl L.Hoffman Deputy Clerk to the and Enclosure cc: Dawn Anderson and Jazmyn Trujillo-Martinez,Department of Planning Services Tom Parko,Max Nader and Chris Gathman,Department of Planning Services Clerk to the Board File PL2007 Cot., < TFR bye 4.1% AL Gate•odofhr� CtIVGF by. 7�°aP, ceoh R I4 v� 00„, cam RFO tv clerk "Ion thee hers ar , GENERAL PURPOSE RIDER To be attached to an.orm pan of Bond Number 2269333 effective Septem r 1,2021 Swiss Re Co••rate Solutions America Insurance Corporation(Formerly North American Spec'ty Insurance Company) ISSUed by the in the amount of Nine Hun.red One Thousand Two Hundred Forty-Nine& o/100ths DOLLARS, on behalf of J-2 Contracting •mpany,Inc. as Principal and in favor of Weld ounty Board of County Commissio rs as Obligee: Now,therefore,it is agreed that: The bond amount has been decre.ned from the o ginal amount of$901,249.00 to$135,187.35 for the two year warranty phase that ill end on»eptember 1,2023 It is further understood and agreed that a other terms and conditions o his bond shall remain unchanged. This rider is to be effective the 1st day of September 2021 Signed,sealed and dated this -th day of June '22 J-2 Contracting Co pany,Inc. Pot:Q°orpo,V2cW"onsA r'°a'ns°ra"ceCapora"°n (Former North American Special( surance Company) (Principal) ( ty r By: By: - e R.Huggins,Atto eyA F.ct Accepte y: Scott ames, air, oar o We Count Commissioners Form F 40 SEP 1 9 2022 RE Le 'ERA SWISS RE CO! 'wLEASEO L SWISS RE RPORATE SOLUTIONS AMERICA INSURANCE CORPORA'', °Of I. Cow.. L ON ^"ISAIC") SWISS RE CO ORATE SOLLTIONS PREMIER INSURANCE CORPORAT' eat@: °Unty �'ER RE WESTPORT IN CE CORTORATION("WIC") D mm;s QU/R GENERAL by. � sloners ED by Board KNOW ALL M BY THESE PRESENTS,THAT SRCSAIC,a corp„_ pet, having its principa office in the City of Kansas City,Missouri,and SRCSPIC,a.Y C/e Missouri and having principal office in the City of Kansas City,Missouri,and WIC,organ the eoa principal office in the 'ty of Kansas City,Missouri,each does hereby make,constitute and appoint: RUSSEL D.L •,ROYAL R.LOVELL,KELLY T.URWILLER,STEVEN J.BLOHM,DULCE R. GGINS,KEVIN and SHAROLYN MAE NOLDE LOPEZ JOINTLY or SEVERALLY Its true and lawful Attomey(s)-in-Fac to make,execute,seal and deliver,for and on its behalf and as s act and deed,bonds or other writings obligatory in the nature of a bond on be if of each of said Companies,as surety,on contracts of su tyship as are or may be required or permitted by law,regulation,contract 07 otherwise,pm•ded that no bond or undertaking or contract or suretys•p executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)SOLLARS This Power of Attorney is granted and is sign•1 by facsimile under and by the autho ty of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meeti 1's duly called and held on the 18,of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that ary two of the President,any M.1.ging Director,any S-f for Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized 1 execute a Power f f Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,and- •'1 gs and al ontracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to to ,therein 1 e seal of the Corporation;and it is FURTHER RESOLVED,that the signature of such officers.,1 1•seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of ;omey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future wi re_ d to any bond,undertaking or contract of surety to which it is attached." .��SOLU?lp;Ys•,., "�gOLUTID,v'' _ ...•"•w Q-G F.1r p.rpFPOR,yl.A By Erik aseus,Senior Vice Prn a t of SRCSAIC&Senior Vice President SEAL SEAL �a =a'•S E A L•�• of SRCSPIC&Sea•Vice President of WIC qqt 973.:�' IT, ,'z`s 1Y"ld 6� By .•.�� ` :n•.?sssov�`�' • • ''o S,*,•d.•'` ''•.,SiyjS•*•aa�,a`` Gerald Jagrawsid,Vice President o RCSAIC&Vice President of SRCSPIC &V.President o C IN WITNESS WHEREOF,SRCSAIC,SRCSPI nd WIC have caused their official seals to be -etinto affixed,and these presents to be signed by their authorized officers this 29TH day of APRIL ,20 Swiss Re Corporate Solutions America Insure,e Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance•orporation County of Cook ® Westport Insurance Corporation On this 29TH day of AP'I L ,20 a,before me,a Notary Public personally appeared Erik Janss ,Senior Vice President of SRCSAIC and Senior Vice Presideto of CSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President o RCSAIC and Vice President of SPCSPIC and Vice Preside-of WIC,personally known to me,who being by me duly sworn,acknowledged that they ed the above Power of Attorney as officers of and acknow-,-1 said instrument to be the voluntary act and deed of their respective companies. rAStnN A.PA EL z• •\tv�Mffem 141.7•/a!•1 VV.77i� Wr t1.1CYS Yasmin A.Patel,Notary I,Je 1• Gol1--,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereb ertify that the above and foregoing is true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC,which is still in full for and effect. IN WITN►S WHEREOF,[have set my band and affixed the seals of the Companies this ICI 4'day af7tAna __2022. Jeffrey Goldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC a. PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BOND #2269 33 KNOW ALL PERSONS BY T RE LLATERAL -"ney Ventures C, a Lim ed Liability Company, LEgSED Gtat of Color s do, with its princip °f Weia NO LONGS 450 E. 16 Street; Greeley, C, date: RE North A rican Specialty b /„,--untYCon., dZDa issi°n rsiRED by 8 are held nd firmly bound .Y: / rS ward County, Co rado, on behaiL called "Obli ee" in the full d-De!, C1_ktot Thousand, Two undred Forty-Nine and no/l00l!ta lawful money o the United States for the payment or truly made, we b' d ourselves, our heirs, administr tors, sus._, and assigns, join y and severally, firmly by the presents. WHEREAS, the a ve-bound Principal has o ained or is about to obtain from the Oblige a land use permit, na ely Journey Ventures LLC Mineral Resource Develo ent Facility, and p rsuant to the requirements of said permit, has ente d into an Improv ents Agreement, dated September 7, 2011, with Ob igee, and WHEREAS, The Improvemen s Agreem t requires Principal to obtain a performance bond in an amoun equal to the total cost of the improvements for which Principal is esponsible and naming Obligee as beneficiary, and WHEREAS, the value of imp vem nts for which Principal is responsible equals Nine Hundre One T usand, Two Hundred Forty-Nine and no/100ths Dollars, ($901, 49.00). NOW, THEREFORE, THE CONDI ON OF THIS OBL ATION IS SUCH, that if Principal shall well, tr y and faithfully erform its duties, and all of its undertakings, co enants, terms, and c ditions as set forth in the Improvements Agre ent, and if Principal s all satisfy all claims and demands set fort in said agreement, and sh 1 fully indemnify and save harmless Obil e from all costs and damages hich it may suffer by reason of Princip 's failure to perform as agreed, and shall reimburse and repay Oblig all outlay and expense which Obli e may incur in making good an default, then this obligation shall b null and void; PROVIDED FU HER, that if Principal shall default in any of its obligation set forth in the Improvements Agreement, and ereafter fail to f lly indemnify and save harmless Obilgee from all osts and damages hick it may suffer by reason of said default, this ligation shall emain in full force and effect; PRO DED FURTHER, that Surety, for value received hereby stipula s and ag ees that no change, extension of time, alteration or addition t the rms of the Improvements Agreement to the work to be performed hereunder, shall in any way affect its obligations on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. • CORE LLATEAL SPROVIDED FURTHER, this bon °f Weld con--N-LON \erfoannually automatically, from the date; .52-;untY C°mGER/2EQUl rm bligee, to guarantee that Prin b �a rbyB its duties, and all of Y: S Oard c nditions set forth in the Impro�._Dep th eof which may be granted by Obligee wilgr to th Sur y. eoa The pa ties to this Performance Bond acknowledge that through th Improve. nts Agreement, Obligee reserved the right to require P incipal to obtain a different Performance Bond from a financial insti tion other than urety in the event that the rating of Surety by Best falls below B+ rating. IN WITNESS WHE OF, this instrument is executed in four 4) counterparts, ea h one of which shall be deemed an on final, this 20th day of July, 2018. • Journey Ven res LLC Principal By:ft// Kil Principal Secretary/Witness Ti e (SEAL) orth American Specialty Insurance Com ny By. itne a_ t Surety D 1 . Huggins, ttor in-Fact P.O. Box 578 One Har ford Plaza Address Address Greeley, CO 80632 Hartford, C 06155-0001 _ Address Address IMPORTANT: Sur ty company executing bond must appear, on the Treasury Department's ost current list (Circular 570 as amended) and be authorized t transact business in the State of Colorado. Bond mum be accompanied with Attorney-in Fact's authori y from the surety mpany certified to include the date of the bond. SWISK ^^°5 R&TE NORTH AMERICAN SPECIALTY INSURANCE COlv1 COLLATERA:SO.7L;:TIONS ASHINGTON INTERNATIONAL INSURANCE cot RELEASED N NG of Weld con ER REQUIRED GENERA mmi by Board date: / gonersKNO L MEN BY THESE PRESENTS,THAT North An /� ler laws of tate of New Hampshire,and having its principal c Company,a oration organized and existing under the laws bJ/' incl Park,Kansas ch does hereby make,constitute and appoint: Deputy Clerk o the R SELL LEAR,DARLENE KRINGS,K'ANNE E.VOGEL,ROYAL R. D SLEY J.BUTORAC,STEVEN J.BLOHM,DULCE R.HUGGINS,and KRISTEN PERElxu JOIN-rt:N SLVLKALLY Its true and lawful Attorne s)-in-Fact,to rnake,execute,seal and deliver,for and on its behalf and as its act and deed;bonds or other writings obligatory in the nature Of rid on bChalf of each ofsaid Companies,as surety,on contracts of suretyship as are maybe required or permitted.by law,regulation,contract or oth se,provided that rio bond or undertaking orcontract or suretyship executed this authority shall exceed the amount:of FIFTY MILLION(550,000,000 O0)DOLLARS This Power ofAttorney is grante d is signed by facsimile under and by the authority of the follo Resolutions adopted by the-Boards of Directors of both North American Speci urance Company and Washington International lnsur e Company,at meetings duly called and held on the 9''-of May,2012: / RESOLVED,,that any two of the Presi • ,any Managing Director,any Senior Vice President,arty Vice President,any Assistant Vice:President, the Secre or any Assistant'Secretary be and ch or an of them here nary y nary., y hereby is.authorized to ute a Power of Attorney qualifying the attorney named. in the given Power of Attorney to execute on be of the Company bonds,unde takings an all contracts ofsurety,and that each or_ariy of them hereby is authorized to attest to the execution of any eh Power of Attorney and to attach erein the seal Of the Company;and it is FURTHER RESOLVED,that the signature of such cans and the seal of the C patty maybe aft"ed to any such Power of Attorney or to any certificate relating theretto by facsimile,and any such Pow of Attorneyor certificat bearing such facsimile signatures or facsimile seal shall be binding upon the.Company when so affixed and in the future 'th regard to any b d,undertaking or contract of surety to which it is attached." 4.4 • lafy . t{PO/ yp tat i I- Anderson,Sealer vice it or Washinglan International insurance Cumpam 1019 4, - B Senior meeYresident 4r-i Atonic.Speelally lnsorxnceeampany it ...yr, pj /lllltltii Michael A.Ito,.Senior Vice Pre eater.ashmgten matlmtal:rnsuranca Camp, &Sea*Vice. -id,Of DT,12 Ante* Special,loo ranee Company IN WITNESS WHEREOF,North American Special Insurance Company and ashington International Insurance'Cam puny have caused their official seals to be hereunto affixed,and these presents be signed by their authorize fficers this 03 day of JANUARY rtli American Specialty Insurance _pang ashington International Insurance Co any State of Illinois County of Cook ss: On this 03 day of JANUARY 2 A before me,a Notary Public personallyappeared Steven .,Anderson,Senior vice President of Washington International Insurance ompany and Senior Vice President of North American Specialty Ins: ce Company and Michael A. Senior Vice President of Wa '• Irate-atibnal Insurance Coeepariyand Senior Vice President ofNorth erican Specialty Insurance` Company,personally known't e,who being by me duly sworn,acknowledged that they signed the above P. er of Attomeyas officers of and. acknowledged said instnuri to be the voluntary act and deed of their respective companies; Y'oi-�tcuu.siat Y KENNY Notary public St.*Of Illinois myE°t M Kenny, unary Pubi,sc I,;]effre Gold the dulyelected Assistant Secretary. of North American Specialty Insurance Compan Washington International 'trance Company,dolcereby certify that the above and foregoing is atrue and correct copy of Power of Att', given by said'North American S cialty.Insurance.Couipanyand Washington International Insurance Company,which is Mill in full forcr-and effect:. '.r A IN WI ESS WHEREOF,I have set my hand and affixed the seals of the Companies thi ofW ;20 V. ,041(— .....Saffcey t3o7dbar, &,,iitentSgcretarii Pf WasltinAtjon rntemahcnal insurance Coa any&ncth Atherkan RieCilqInstiraticeCOrnRany ti- PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ICOLLATERAL oKNOW ALL PERSONS BY THE/ fELEASED NO LpIVGE Limit d Liability Company, or Weld County R BOND#226933 REQUIRED by B Colors o, with its principal date: n'missioners /1./.24*� oard E. 16th treet; Greeley, CO North Ame ican Specialty Insi by: are held a d firmly County, Col ado, on bb half of Weld pCount ,to t e B a called 'Obli e" in the full and penal sum of Nine Hundre Thousand, Two undred Forty-Nine and no/100ths Dollars ( 01,249.00), lawful money of he United States for the payment of w ch well and truly made, we bi d ourselves, our heirs, administrat s, successors and assLgns, joint and severally, firmly by these resents. WHEREAS, the ab ve-bound Principal has obta' ed or is about to obtain from the Oblige a land use permit, name Journey Ventures LLC Mineral Resource Develo ent Facility, and pur ant to the requirements of said permit, has enter d into an Improvem is Agreement, dated September 7, 2011, with Ob 'gee, and WHEREAS, The Improvemen s Agreemen requires Principal to obtain a performance bond in an amoun equal t the total cost of the improvements for which Principal is r ponsible and naming Obligee as beneficiary, and WHEREAS, the value of impro em Tits for which Principal is responsible equals Nine Hundred ne T ousand, Two Hundred Forty-Nine and no/i00ths Dollars, ($901,2. .00). NOW, THEREFORE, THE CONDITI OF THIS OBL GATION IS SUCH, that if Principal shall well, trul and faithfully erform its duties, and all of its undertakings, cov ants, terms, and c nditions as set forth in the Improvements Agreem nt, and if Principal all satisfy all claims and demands set forth n said agreement, and s 11 fully indemnify and save harmless Obilge from all costs and damages which it may suffer by reason of Principa s failure to perform as agree and shall reimburse and repay Obligee 11 outlay and expense which Obli ee•may incur in making good any efault, then this obligation shall null and void; PROVIDED FORT R, that if Principal shall default in an of its obligations et forth in the Improvements Agreement, and thereafter fail to fu y indemnify and save harmless Obilgee from al costs and damages ich it may suffer by reason of said default, this obligation shall r ain in full force and effect; PROV ED FURTHER, that Surety, for value received hereby stipul tes and agr es that no change, extension of time, alteration or addition to the t ms of the Improvements Agreement to the work to be performed ereunder, shall in any way affect its obligations on this bond, a d it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this k COLLATERAL ,i renew annually automatically, from, RELEASEp di° Obligee, to guarantee that Pr of Weld CoNGERREGZ V�perform its duties, and all o date: / t11I171SS10nerS REC by Board onditions set forth in the I t ereof which may be granted by: Su ty. Deputy Cle to the Boa Thep ties to this Performance Bond acknowledge unaa. __ Improve ents Agreement, Obligee reserved the right to require Princ:,r,__ to obtai a different Performance Bond from a financial ins tution other tha Surety in the event that the rating of Surety b AM Best falls belo a B+ rating. IN WITNESS WH EOF, this instrument is executed in fo (4) counterparts, e ch one of which shall be deemed an o ginal, this 20th day of July, 201 . Journe Ve tures LLC Principal By:/"/ /5rfL Principal Se retary/Witness T'tle (SEAL) North American Specialty Insurance Com By. tnes -s .o Suret `_____. D R. Huggins, Attorn 'n-Fact •.•. Box 578 One Ha ford Plaza Address Address Greeley, CO 80632 Hartford, 06155-0001 __ Address Address IMPORTANT: Su ety company executing bond must appea on the Treasury : : ; : of the bond. ' SWISS -"'''F SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COM RE FA TERAL WASHINGTON INTERNATIONAL INSURANCE CO? Of W et SED NO LO GElNER date:�C°ntY Comm ss REQUiREp b KNOW ALL raN BY THESE PRESENTS,THAT North Pi by; �� °ne►'s by a der laws o the State Of New Hampshire;and having its principal Comport ace h does hereby make,onstitutu under peoints or u,... eputy Cie, to the So and RUSSELL D.LEAR,DARLENE KRINGS,ICANNE E.VOGEL,RQYAL"K.rte._, WESLEY J..BUTORAC,STEVEN J.BLOM&DULCE R.HUGGINS,and kills IL,—_ Its true and lawful A, ey(s)in-Facct,to make,execute,seal and deliver,for and on its behalf and as its act and de.bonds or other writings obligatory m the nature o'f,a bond on behalf of each of said.Companies,as surety;-,on contracts of suretyship as at ai maybe required or permitted by law,regulation,contract joi a therwise,provided that no bond or undertaking or:conteact or suretyship executed.der this authority shall exceed the amount of FIFTY MILLION(S50,000,000.00)DOLLARS This Power of Attorney is gr. ed and is signed by facsimile under and by the authority of the foil• ,Resolutions:adopted by the Boards of Directors of both North American S ctaityInsurance Company and Washington International Ins .ce Companyat meetings Only called and held on the 9°of May,2012: 'RESOLVED,that any two of the Pr=.'dents,'any Managing Director,any Senior Vice Pr-..denL.ariy Vice.President,any Assistant Vice President; the Secretary or any Assistant Secretary be, 'd each or anyof them Hereby is authorized to a.cute a Power of Attorney qualifying:the attorney named in the givenPower of At=om ley to execute on b .fat*the convoy bonds,undertakings .all contracts of surety,and that each or any of them hereby is authorized to attest to the execution o y such Power of Attorney and to attar' erein the seal of the Company;,and it is FURTHER RESOLVED,that the signature of-oh officers and the seal of the C parry maybe affixed to any such Power of Attorney or to any certificate-relating thereto by facsimile,and any such ewer of Attorney m certific.-bearing such facsimile signatures or facsimile seal shall be binding upon the.Company when so affixed and in the. 'e With regard to any a.i d,undertaking or contract of suretyto which it is attached."- €g_, SEAL r- SlerenP.Antle.,$mie kePresi-1 ofWkshinglon lnternglnnallnsoranceGnmpary zz ,'({L�# , Sty 978 4a. z &:Senior Viet Preside.eP_'-i Ameriren Spada!,In oran.GCompany O;. ....,.....„0",-rn i,.. Michael A: Senior Vice Pre,•entof.'. ,tematimallosvranceComp,- ........ 8,S.&Vic.• !stmt id North -rice.Spec.,1.;urance'Comp, IN WITNESS WHEREOF,North Americatl Special r,Insurance Compan d Washington International Insurance Company have cause.dtheir official seals to be hereunto aff xed,and these presents.be signed by their Matti•ed officers this. 02 day of JANUARY ,:20 18,: .rthAmerican Specialty lnsur• •Company ashington International Insuron•:Company • State of Illinois CountyofCool( ss; On this 03 day of JANUARY,20 18,before me,a Notary Public personally appeared yen P.Anderson,Senior Vice President of Wash ingtonInternational Insurance ompanyand Senior Vice President ofNorthAmerican Special Insurance Company and Michael A.Ito Senior Vice President oflVa ' • International Insurance Company and Senior Vice President of 'rth American Specialty Insurance' Company,personally known to e,who being by me duly sworn,acknowledgedthat they signed the a'ye Power of Attomeyas officers of and. acknowledged Said Instartnett o be the voluntary act and deed of their respective companies. ' — 0FFIGiAL 3€Af:y �} I .5,�, iv.,pcialic tate..i,aia 1- _. Th.,V,...,, , 1 O tvminksian of 0.. t M. nny Notary Public42A�I'2021- I,leffre Oold the dulyelected ..Assistant.Secretary of North American Specisttylibsta-.ance C`a�r+any and Washington Intematiorial ante Company,do hereby certify that the above and foregoing is a true acrd correct ottpy.§r a.power d ttoeney given$y said North . Amencan'S .ratty Insurance Company and Wasbington International Insurance Company,which is still in full force:and•1 ect IN WI SS WHEREOF,I have set my hand arid affixed the seals of the Companies ti e of ,-208 Ar,.: -,;-.--- ,..grey ottob,,vihe_Ptesulnit&Isssiatantssnony rr Washing;arrnteinain trimuatca'Compay8easncorkanS eciat5yenaura.ceEbnpnr PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BOND#2269333 KNOW ALL PERSONS BY COLLATERAL "-'Ttures LLC, a Limi ed Liability Company, RELEASED Color do, with Ee: :: iERte: ommiioiREC by Board are held d firmly bouni by: County, Co rado, on behi called "Obli ee" in the full aepuh!Clerk t he Board Thousand, Two undred Forty-Nine and no/100tns L"-__ lawful money o the United States for the payment of w ch well .—._ truly made, we b'nd ourselves, our heirs, administrat s, successors and assigns, join y and severally, firmly by these resents. WHEREAS, the a ove-bound Principal has obt ned or is about to obtain from the Oblig e a land use permit, name Journey Ventures LLC Mineral Resource Devel ment Facility, and pur uant to the requirements of said permit, has ente ed into an Improvem ts Agreement, dated September 7, 2011, with O igee, and WHEREAS, The Improveme ts Agreemen requires Principal to obtain a performance bond in an amou equal the total cost of the improvements for which Princip is r ponsible and naming Obligee as beneficiary, and WHEREAS, the value of impro ents for which Principal is responsible equals Nine Hundred ne housand, Two Hundred Forty-Nine and no/100ths Dollars, ($901,2 .00). NOW, THEREFORE, THE CONDITI OF THIS OB IGATION IS SUCH, that if Principal shall well, trul and faithfull perform its duties, and all of its undertakings, cov ants, terms, and onditions as set forth in the Improvements Agree nt, and if Principal shall satisfy all claims and demands set forth n said agreement, and all fully indemnify and save harmless Obilge from all costs and damage which it may suffer by reason of Principa s failure to perform as agre d, and shall reimburse and repay Obligee all outlay and expense which Ob 'gee may incur in making good any efault, then this obligation shall be null and void; PROVIDED FURT ER, that if Principal shall default in y of its obligations et forth in the Improvements Agreement, an thereafter . fail to f y indemnify and save harmless Obilgee from a 1 costs and damages ich it may suffer by reason of said default, th obligation shall r main in full force and effect; PROV ED FURTHER, that Surety, for value received hereby stip ates and agr es that no change, extension of time, alteration or additio to the t rms of the Improvements Agreement to the work to be performed hereunder, shall in any way affect its obligations on this bond, nd it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. COLLATERAL PROVIDED FURTHER, t} RELE annually automatically, f' of Weld C NO LpNGER RE,, ;; yhghita dountyCe► IRED b guard r_ty.. uePutY Cher to the Boar The pa ties to this Performance Bond acknowledge that tnruuy.. Improve ents Agreement, Obligee reserved the right to require incipal to obtain a different Performance Bond from a financial insti ution other than Surety in the event that the rating of Surety by Best falls below _ B+ rating. IN WITNESS WHE'EOF, this instrument is executed in four (4) counterparts, e. h one of which shall be deemed an or'•inal, this 20th day of July, 201: Journe Ven ures LLC Principal By:H Aa.G HO' 4. Principal Secretary^fitness T. le • (SEAL) orth American Specialty Insurance Com ny By: ne (as to .urety D •e Huggins, Attorle -in-Fact P.'. Box 578 One Han ford Plaza Address Address Greeley, CO 80632 Hartford, C. 06155-0001 Address Address IMPORTANT: Su ety company executing bond must appea on the Treasury Department's most current list (Circular 570 as ended) and be authorized o transact business in the State of Colorado. Bond mu- be accompanied with Attorney-in Fact's authors from the surety ..mpany certified to include the date of the bond. T SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMP WA HINGTON INTERNATIONAL INSURANCE COM COLLATERAL GENERA b RELEASED IVO LONGER KNOW MEN BY THESE PRESENTS;THAT North Ain, Weld C REQUIREDat laws of the S e of New Hampshire,andhaving its principal of date; .Zoa�ou ty Commissioners .4Park,Kansas,eac doe§hereby make,constitute and appoint: y. RUS I,D LEAR,DARLENE KRINGS,It,__.__ WE EY J.BUTORAC,STEVEN J.BLOHM,DULCt is.,..—_ Jest iTLY OR SLViigiALL•Y Its true and lawful Attorneys -Fact,to make,execute,seal and deliver,for and on its behalf and as its act and de, bonds or other writings obligatory in the nature of a bo oil behalf of each of said Companieu,as surety;on contracts of suretyship as at r maybe required br permitted by law,regulation,contract or oth e,provided that no bond or undertalang or contractor suretyship executed der this authority shall exceed the amount of FIFTY MILLION(S50,000,000.00)DOLLARS This Power of Attorney is granted an s signed by facsimile under Washington Iruuthoority of the Ins f ice' Resolutions adopted by the Boards of Directors of both:North American S vial -trance Co at meetings duly called and held on the 9 ofMay,2012: "RESOLVED,that any two of the Presi`R dents,•y Managing Director,'any Senior Vice'Pre dent,.any Vice President,any Assistant Vice iPteSident, the Secretary or any Assistant Secretary be,and eac or any of them hereby is authorized to e cute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf o. Company bonds,undertakings. all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any suc Power of Attorney and to attar erein the seal of the Company;and-it is FURTHER RESOLVED,that the signature of such o`ers and the seal Of the C pany maybe affixed to any such Power of Attorney or to any certificate relating thereto facsimile,and an such Power o homey or certifica bearing by y y. anng such facsimile signatures or facsimile seal shall be binding pait}r regard any d,undertaking or contract of surety to Which-it is attached. dung upon the:Gom' when so affixed and in the future Vii re and td b ".i o Barth iii arras e ik, 1,,,,,,,„.,.., ,3, St.AL til t_ Bleu,P.Anders,Senior Vice Pr, t of IMishingion lidernatinnal Insurance Company (SEAL enior Vice P :rn h t U V.,..4:1 1 Michael A.Ito;Senior Vice Pred t of tlonallns uance Company .. Senior Vice tint of North American eciallyTnsorance'Company IN WITNESS WHEREOF,North American Special ance Company and hington international Insurance Company have caused their official seals to be hereunto affixed,and these presents t signed by their authorized o ¢ens this 03 day of• JANUARY ;2018 N h American Specialty Insurance Co any ashIngton International Insurance Com ny State of Illinois County of Cook ss: On this 03 day of JANUARY,2 A,before me,a Notary Public personally appeared Steven nder".son,Senior Vice President of Washingtonlntematiooal Insurance pany and Senior Vice President of North American Specialty Ins e Company and Michael.A.Ito Senior Vice President of Washingt lnternational Insurance Company and Senior Vice President of North •ncan Specialty Insurance' Company,personally known to e,who being by me duly,sworn,acknowledgedthat they signed the above Po r.of Attorney as officers of and acknowledged said instrlunent be'the voluntary act and deed of their"respective companies; .1 of u..sf al. _' M.KENNY �,r I NogryPi elredflil'mais l �?!( .Sr•i.4—/,,.a I MYCctnmiadmi 1". 1?IOIt1021 I M.Kenny. tatty Public I,7/7 e dulyelected Assistant Secretary. _ ofNorthAmerican SpecialtyInsurance Company dWashington Intance Company,doherebyedeeti:fythatthe aboveandforegoingisatrue andcorrectcopyofaPower of Att givenbysaidNorthAyInsurance CompanyandWashingtonInternationalInsurance Company,whichis stillinfull1fo'rceandeffect:INEREOF,I have set my hand and affixed the'seah of the Companies thi ��-` ,20_V Seffcry Qoldberg,Vuearetide,t a iaacsnt Seerary 8 Vfadlinptatt Internet*.lisuriniCe Company aced mencatt,ecialt,Insivance oa'mpny BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE : BOCC Agenda Item — Full Release of Warranty Collateral for: Journey Ventures, LLC c/o J -2 Contracting Company , Inc — USR - 1687/MUSR15-0020 DEPARTMENT: Planning Services DATE October 18 , 2023 PERSON REQUESTING : Jazmyn Trujillo-Martinez Brief description of the problem/Issue : The Department of Planning Services received a request from Chris Leone , representative of J -2 Contracting Company, Inc . , requesting that the Board of County Commissioners release the currently held warranty collateral for Journey Ventures, LLC clo J-2 Contracting Company , Inc. , USR- 1687/MUSR15-0020 in the amount of $ 135 , 187 . 35 veld in the form of a General Purpose Rider to the Original Bond #2269333 issued by Swiss Re Corporate Solutions America Insurance Corporation . The two-year warranty period concluded on September 1 , 2023 , and no further collateral is required to be held . Weld County Planning Services and Public Works Departments performed a final site inspection, at the above-mentioned site , and observed the following: • All items on Exhibit A- 1 , of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document 2018-2759 , have been completed and are found to be acceptable concluding the warranty period . County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of warranty 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. 2 . Have this BOCC Hearing item be placed on the next available agerda as part of the Consent 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 ' Journey Ventures, LLC (PL2007) #2911 -?374 USR # 1687 , MUSR15-0020 Improvements Agrmt Performance Bond from Hartford Casualty Ins Co. - #34BCSFX7461 Performance Bond #34BCSFX7461 Returned 10/9/2018 — Approved 08/29/18 - #2018-2759 — Contract ID 2048 $31 ,80©.00 and 2n° Amendment to Improvements and Road Maintenance Agreement and Accept Collateral for off-site improvements in the form of Performance Bond #2269333, from North American Specialty Insurance Company - #2018-2759 — Approved 08/29/18 $901 ,249.00 Journey Ventures, LLC c/o J-2 Contracting Company , Inc General Purpose Rider #2269333 Accepted 09/19/22 Decreasing the bond from the original amount of $901 ,249.00 to $ 135, 187, 35 for the two year warranty phase that will end on 09/01 /23 -- Contract ID 6292 Swiss Re Corporate Solutions America Insurance Corp $ 135, 187 . 35 Consequences : • None - The work has been completed and passed the two-year warranty inspection . Impacts : • None -- The developer completed the work and passed the two-year warranty inspection . Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years ) : • The Road Maintenance portion of the agreement will remain in place so developer will have a proportional share of any improvements or repairs . Recommendation : Option 1 . The Departments of Planning Services , Public Works , and the County Attorney's Office are recommending approval of the Full release of warranty collateral for Journey Ventures , LLC c/o J-2 Contracting Company, Inc. — USR- 1687/MUSR15-0020. Support Recommendation Schedule Place BOCC A enda Work Session Other/Comments: Perry L , Buck, Pro-Tem Mike Freeman , Chair it email), VI Scott K. James ll .ernakag Kevin D. Ross Lori Saine 2023- 3339 PLZOO1 Karla Ford From: Mike Freeman Sent: Wednesday, October 25, 2023 3 :27 PM To: Karla Ford Subject: Re: Please Reply - PENDING BOCC PA REVIEW - USR- 1687/MUSR15 -OO20 — Journey Ventures c/o J - 2 Contracting Company Support Sent from my iPhone On Oct 25 , 2023 , at 12 : 38 PM , Karla Ford < kford@weld . gov> wrote : Please advise if you support recommendation and to have department place on the agenda . Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P . O. Box 758, Greeley, Colorado 80632 : : 970. 336-7204 : : kford(a weldgov. com : : www. weldgov. com **Please note my working hours are Monday-Thursday 7:00a.m.-5:00p.m. ** < image002 .jpg > 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. From : Jazmyn Trujillo Martinez <jtrujillomartinez@weld . gov> Sent : Wednesday, October 25, 2023 9 : 59 AM To : Cheryl Hoffman <choffman@weld . gov>; Dawn Anderson <dranderson@weld . gov>; Esther Gesick < egesick@weld . gov>; Karla Ford < kford@weld . gov > ; Tom Parko Jr <tparko@weld .gov> Subject : PENDING BOCC PA REVIEW - USR- 1687/MUSR15-0020 — Journey Ventures c/o J -2 Contracting Company ATTACHED BOCC PA REVIEW Improvements Agreement : Release of Warranty Collateral Case/Applicant : USR- 1687/M USR15-OO2O — Journey Ventures, LLC c/o J -2 Contracting Company, Inc . Please note : Pending but will be a Regular Agenda item Thanks Karla ! Best, Jazmyn Trujillo -Martinez 1 Karla Ford From: Scott James Sent: Wednesday, October 25, 2O23 12 : 53 PM To: Karla Ford Subject: Re: Please Reply - PENDING BOCC PA REVIEW - USR- 1687/MUSR15 -O020 — Journey Ventures c/o J - 2 Contracting Company Approve - thanks . * * Sent from my iPhone * * Scott K. James Weld County Commissioner, District 2 1150 O Street, P . O . Box 758, Greeley, Colorado 8O632 97O. 336 . 72O4 ( Office ) 97O . 381 . 7496 ( Cell ) 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 . On Oct 25, 2O23 , at 12 : 37 PM , Karla Ford < kford@weld . gov> wrote : Please advise if you support recommendation and to have department place on the agenda . Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P . O. Box 758 , Greeley, Colorado 80632 : : 970. 336-7204 : : kford a�.weldgov. com : : www. weldgov.com **Please note my working hours are Monday- Thursday 7:00a.m.-5:00p.m. ** < imageOO2 .jpg> 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. 1 Cheryl Hoffman From: Jazmyn Trujillo Martinez Sent: Wednesday, October 25, 2023 9: 59 AM To: Cheryl Hoffman; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr Subject: PENDING BOCC PA REVIEW - USR - 1687/MUSR15 -0O20 — Journey Ventures c/o J - 2 Contracting Company Attachments: Release of Collateral MUSR15 -0020 J - 2 . pdf ATTACHED BOCC PA REVIEW Improvements Agreement : Release of Warranty Collateral Case/Applicant : USR- 1687/ MUSR15 -0020 — Journey Ventures, LLC c/o J -2 Contracting Company, Inc . Please note : Pending but will be a Regular Agenda item Thanks Karla ! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P. O. Box 758 Greeley, CO 80631 (970) 400-3711 ' _+. 1St► , is r rrH 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 . 1 Jazrnyn Trujillo Martinez From: Dawn Anderson Sent: Wednesday, October 18, 2023 8 :04 AM To : Jazmyn Trujillo Martinez Subject: FW: WCR 53 and 58 Intersection Improvements associated with USR 1687 Good morning, Jazmyn . Can you process this for collateral release ? Thank you ! Dawn R. Anderson Development Review Manager Weld County Planning Services 1402 N. 17th Avenue Greeley, CO 80632 Email: dranderson@weld.gov Office: (970) 400- 3736 ‘ ‘ I r ) t • ! 1 . 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 . From : Chris Leone < chrisleone@j2contracting . com > Sent : Friday, September 22 , 2023 9 : 35 AM To : Dawn Anderson < dranderson@weld .gov > Cc : Ryan McConnell < ryan@j2contracting . com >; Ryan Axtman < raxtman@weld .gov> Subject: RE : WCR 53 and 58 Intersection Improvements associated with USR 1687 Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe . Hi Dawn , The crack seal and jetting of the culvert at WCR 58 and 53 are complete . Please let me know what next steps I need to take to allow for release of our warranty bond associated with USR 1687 Thanks ! Chris Leone J - 2 Contracting Co . 1 970- 219-3916 From : Chris Leone Sent: Tuesday, September 12, 2023 9 : 13 AM To: ' Dawn Anderson ' <dranderson@weldRov . com> Cc: Ryan McConnell < ryan@j2contracting.com >; ' Ryan Axtman ' < raxtman@weldgov .com > Subject: WCR 53 and 58 Intersection Improvements associated with USR 1687 Hi Dawn, We walked the Improvements associated with USR 1678 with Mitch and Ryan last week . There was one crack in the asphalt in WCR 58 that Ryan wanted us to seal and the culvert under WCR 58 needed to be Jetted . We plan to complete both of these in the next couple weeks . During the walk it was discussed that WCR 53 had been annexed by Kersey and that the asphalt was in generally good condition . Please let me know if anything is needed beyond addressing the two items above to have our warranty bond released . Thanks, Chris Leone J - 2 Contracting Co . 970- 219 - 3916 �� N T A ��. J - 2 Contracting Co . `� 105 Coronado Ct , Unit A - 101 -a; 11111 Fort Collins , CO 80525 Phone 970 - 392 - 0694 OO 114a Fax : 970 - 392 - 0695 P RESOLUTION RE: APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR MINOR AMENDED USE BY SPECIAL REVIEW PERMIT,MUSR15-0020,AS RELATED TO USE BY SPECIAL REVIEW PERMIT, USR-1687,AND AUTHORIZE CHAIR TO SIGN-JOURNEY VENTURES,LLC,CIO J-2 CONTRACTING COMPANY,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 April 22,2009,the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit,USR-1687,for Journey Ventures, LLC,P.O.Box 129,Greeley,Colorado 80632,for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants, along with importation of resource material,in the A(Agricultural)Zone District,on the following described real estate,to-wit: Lots A and B of Recorded Exemption,RE-4744; located within the SE1/4 and SE1/4 NE1/4 of Section 7,Township 5 North,Range 64 West of 6th P.M.,Weld County,Colorado WHEREAS,pursuant to certain Conditions of Approval,on September 7,2011,the Board approved 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 Journey Ventures,LLC,with terms and conditions being as stated in said agreement,and accepted Performance Bond#34BCSFX7461 from Hartford Casualty Insurance Company,One Hartford Plaza,Hartford,Connecticut 06155,in the amount of$31,800.00,and WHEREAS,on December 27,2017,the Board approved a First Amendment to said Improvements Agreement to establish a secondary haul route allowing trucks to also turn east onto County Road 58 and head to the intersection with County Road 53 and then disperse,and WHEREAS,on August 29,2018,the Board approved project collateral in the form of a Performance Bond,#2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,in the amount of$901,249.00,in conjunction with a Second Amendment to said Improvements Agreement to add Exhibits A-1 and B-1 regarding required off-site improvements and release of expired prior on-site collateral,in the form of Performance Bond#34BCSFX7461,from Hartford Casualty Insurance Company, One Hartford Plaza,Hartford,Connecticut 06155,in the amount of$31,800.00,and 48S$195 Paps: 1 of 3 cc:PL(Te/nu/co/3TK/Ka) GigY'K Mira uid ��a.eled Coate,co je/IE,22 2022-2670 F �dltld irr rinliVillOli MAW I:I+IlLi Bill PL2007 APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL-JOURNEY VENTURES,LLC,C/O J-2 CONTRACTING COMPANY,INC. (USR-16871 MUSR15-0020) PAGE 2 WHEREAS,the Department of Planning Services received a request from J-2 Contracting Company,Inc.,requesting that the Board of County Commissioners release the project collateral in the form of Performance Bond#2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,in the amount of $901,249.00,and accept warranty collateral in the form of General Purpose Rider to be attached to and form part of Bond Number 2269333,for J-2 Contracting Company,Inc.,issued by the Swiss Re Corporate Solutions America Insurance Corporation formerly North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,One Hartford Plaza,Hartford, Connecticut 06155-0001,decreasing the amount of$901,249.00 to$135,187.35 for the two(2) year warranty phase that will end on September 1,2023,and WHEREAS,staff from the Weld County Departments of Public Works and Planning Services conducted a site inspection and recommend full release of project collateral and acceptance of warranty collateral,and WHEREAS,upon recommendation of staff,the Board deems it advisable to release said project collateral in the form of Performance Bond#2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,in the amount of$901,249.00,and accept warranty collateral in the form of General Purpose Rider to be attached to and form part of Bond Number 2269333,for J-2 Contracting Company,Inc., issued by Swiss Re Corporate Solutions America Insurance Corporation,formerly North American Specialty Insurance Company,Attn:Dulce R.Huggins,Attorney-in-Fact,One Hartford Plaza, Hartford,Connecticut 06155-0001,decreasing the amount of$901,249.00 to$135,187.35 for the two(2)year warranty phase that will end on September 1,2023,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 currently held project collateral in the form of Performance Bond #2269333 for Journey Ventures,LLC,issued by North American Specialty Insurance Company, Attn:Dulce R.Huggins,Attorney-in-Fact,in the amount of$901,249.00,be released,and warranty collateral in the form of General Purpose Rider to be attached to and form part of Bond Number 2269333,for J-2 Contracting Company,Inc.,issued by Swiss Re Corporate Solutions America Insurance Corporation, formerly North American Specialty Insurance Company, Attn:Dulce R.Huggins,Attorney-in-Fact,One Hartford Plaza,Hartford,Connecticut 06155-0001, decreasing the amount of$901,249.00 to$135,187.35 for the two(2)year warranty phase that will end on September 1,2023,be,and hereby is,accepted. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said General Purpose Rider. 40551$ Paps:2 of 3 "M4/a22.ec p wee$S county,co I r� ��y��gi ILA IMIAIMIILA"III 2022-2670 PL2007 APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL-JOURNEY VENTURES,LLC,C/O J-2 CONTRACTING COMPANY,INC. (USR-1687/MUSR15-0020) PAGE 3 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 19th day of September,A.D.,2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY,COLORADO ATTEST:d.. .,,✓il: Sco K.James,Chair Weld County Clerk to the Board Mi,- eman,Pr•- BY: eputy Clerk to the Boar•�rr"""'""•�, �',(�i rI:� �♦ erry L.:fck APP-s,EDAS 11161 i{�'= �teve Moreno ounty A rney Lori Saine Date of signature:c1 22/2 415lli0 Paw:3 of 3eietten A 'ilk Ell 2022-2670 PL2007 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE:BOCC Agenda Item—Full Release of Project Collateral and Acceptance of Warranty Collateral for:'Joumey Ventures,LLC c/o J-2 Contracting Company,Inc.—USR-16871 MU8R15-0020 DEPARTMENT:Planning Services DATE:August 30,2022 PERSON REQUESTING:Jazmyn Trujillo-Martinez Brief description of the problamissue: The Department of Planning Services received a request from J-2 Contracting Company,Inc.,requesting that the Board of County Commissioners release the currently held project coNateral for J-2 Contracting Company,Inc in the amount of 5901,249-00.Warranty collateral in the amount of 3135,187.35 is required to be held for the duration of the warranty Period. J-2 Contracting Company,Inc.has provided the warranty collateral in the form of a General Purpose Rider to the original Bond.2269333 issued by Swiss Re Corporate Solutions America Insurance Corporation.The two-year warranty commencement began on September 1,2021,and will conclude on September 1,2023. 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 A-1,of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document 2018-2759,have been completed and are found to be acceptable. The County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of project collateral and acceptance of warranty 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. Welt County Collateral List: Journey Ventures,LLC do J-2 Contracting Company,ino.USR-1967 MUSR15-0020 (PL2007,P2018-2759,Appreuad 06/29/2018,Contract ID 2043) hnpncesmenta and Road Maintenance Agreement Performance Bond 12269333 from North Aquarium Sudalty lnwrence Company 5901,249.000 Rscomreendadon: The Departments of Planning Services,Public Works,and the County Attorney's Office are recommending approval of the full release of project collateral and acceptance of warranty collateral for release of collateral for Journey Ventures,LLC cic J-2 Contracting Company,Inc(USR-1687/MUSR15-0020)and this item be placed on the next regularly scheduled BOCC Hearing Agenda,as part of the Regular Agenda. Auorove Schedule Work Session OtherlComments: Perry L.Buck Mike Freeman,Pro-Tern M Scott K.James,Chair Steve Moreno Lori Saine 2022-2670 CSI/\q PL2a0�1 Cheryl Hoffman From: Jazmyn Trujillo Martinez Sent: Tuesday,August 30,2022 10:36 AM To: Cheryl Hoffman;Daniel Mesa;Dawn Anderson;Esther Gesick;Karla Ford;Tom Parko Jr. Subject: BOCC PA REVIEW-USR-1687/MUSR15-0020-Journey Ventures c/o 1-2 Attachments: Signed PA&Warranty Request MUSR15-00201-2.pdf BOCC ATTACHED BOCC PA REVIEW Improvements Agreement:Release of Project Collateral and Acceptance of Warranty Collateral Case/Applicant:USR-1687/MUSR15-0020-Journey Ventures,LLC c/o J-2 Contracting Company,Inc Please note:Regular Agenda Thank you Karla! Best, Jazmyn Trujillo-Martinez Development Review Weld County Planning Services 1555 North 17"'Avenue Greeley,CO 80631 (970)400-3711 it x 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. ,t, 5 - f Rt •rI 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. From:Chris Leone<chrisleoneltri2contracting.cortp Sent:Tuesday,May 10,2022 1:22 PM To:Dawn Anderson<tirande'rsonfaweldgov com> Cc:Ryan McConnell<ryanPj7contracting com> Subject:FW:WCR 58&WCR 53-MHT I .. ... y.. cut,'t'hdo entail originatedd:from outside of Weld County.Goatrnttlettt Lid not click links or opett atutehments unless Yoa rroognite•the sendcrsna knew the content is safe.. _. Hi Dawn, We are ready to request a surety reduction for the road work requirements at Journey Ventures and to switch the bond out with a maintenance bond.Can we use the September 1O 2021 date for completion/warranty or do we need to use today/this week? Thanks Chris Leone J-2 Contracting Co 970-219-3916 GENERAL PURPOSE RIDER To be attached to and form pan of Bond Number 2269333 affective September 1,2021 Swiss Re Corporate Solutions America Insurance Corporation(Formerly North American Specially Insurance Company, issued by the in the amount of Nine Hundred One Thousand Two Hundred Forty-Nine&No/100ths DOI IARS, on behalf of J-2 Contracting Company,Inc. as Principal and in favor of Weld County Board of County Commissioners as Obligee: Now,therefore,it is agreed that: The bond amount has been decreased from the original amount of$901,249.00 to$135,187.35 for the two year warranty phase that will end on September 1,2023 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 1st day of September 2021 Signed,sealed and dated this 14th day of June 2022 J-2 Contracting Company,Inc. (Principal) ( ty BY: BY- 1-iJ.l e R.Huggins,Attomeein ct Accept y: Scott K.James,Chair, board of Weld County Commissioners Farm F5300 SEP 19 2022 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPECIALTY INSURANCE COMPANY("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION F/K/A WASHINGTON INTERNATIONAL INSURANCE COMPANY("SRCSPIC") W ESTPORT INSURANCE CORPORATION("WIC") • GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws Of the State of Missouri,and having Its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint RUSSEL D.LEAR,ROYAL R.LOVELL,KELLY T.URWILLER,STEVEN J.BLOHM,DUI.CE R.HUGGINS,KEVIN BAIRD, and SHAROLYN MAE NOLDE LOPEZ JOINTLY or SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contractor otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 end WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorn execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest toed:execution of any such Power of Attorney and to attach therein the seal of the Corporation;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." 40.01, t�:cbP 'rtF.4f': •a"�\Vf{'p•�R�J.•9i By $�� am Jueess Ssler vei k"s=d SRCSAIC&Sslor Vke"''''l OGPeL '><:SEAL:�: :4: •-L= or5RC5PlC&Srel"r Wee Prnidenl afw7C `a SEAL # ,,,•. :r,e ice': v/��J 1973 -,^' :,✓� - r 'sd','•''ssa�j¢'p•." '°dr-••.4i a'.;'_� ,r,g"'"^dA.•` '%,,1�••5n ayBJ GneldJ.pewdd,Vie.',midst SRCSAIC&Vice Prnlde•I SRCSPIC •Vie Prddse etRIC IN WETNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affrxrxl,and these presents to be signed by their authorized officers this 29TH day of APRIL 2022 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook El Westport Insurance Corporation On tiffs 29TH day of APRIL ,20 22,before me,a Notary Public personally appeared Erik Jams,,Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Ja&rowuki,Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the kola mev acrand dead r,f clef!respective companies. +•Suw••e•r - w.»nri Yasmin A.Patel,Notary I,Jeffrey Q.t.,the duly elected Senior Viva President and AssistautSecretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSIC and WIC,which ix still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this(.4 nlay nf.ant+_ 2022. Jeffrey Goldberg,Senior Vice President 6t Assistant Secretary of SRCSAIC and SRCSPIC a.WIC T.-.. O Department of Planning Services ; � Development Review Division 1 1555 N.17th Avenue Greeley,Colorado 80631 .04 Website:www.co.weld.co.us Phone:(970)400-3736 . r Fax:(970)304-6498 May 16,2022 Mr.Chris Leone J-2 Contracting Company 105 Coronado Ct.Unit A-101 Fort Collins,CO 80525 Dear Mr.Leone, This letter shall serve as notification for your two-year warranty commencement date of September 1,2021,for safety improvements to Weld County Road 58 and Weld County Road 53.These improvements were required for the Journey Ventures,LLC Mineral Resource Development Facility and related to Performance Bond#2269333. It will be the responsibility of the developer/owner to contact Weld County Planning Services Department prior to September 1,2023,for a final walkthrough in advance of warranty release. Feel free to contact me with any additional questions at jtrujillomartinez@weldgov.com or 970-400-3711. Sincerely, Jazmyn Trujillo-Martinez Development Review Weld County Department of Planning Services jtrujillomartinez@vveldgov.com Page l of l Hello