HomeMy WebLinkAbout20233752.tiff RESOLUTION
RE: APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY
COLLATERAL FOR SITE PLAN REVIEW, SPR-340-LINDSAY PRECAST, LLC,
FORMERLY ROLINDA COLORADO COMPANY,LTD.,AND FIREBAUGH PRECAST,
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 February 16,2001,the Department of Planning Services approved Site
Plan Review, SPR-340, for Rolinda Colorado Company, Ltd., and Firebaugh Precast, Inc.,
P.O.Box 691,Canal Fulton,Ohio 44614,for the Fabrication of Precast Concrete Products on the
following described real estate,to-wit:
Lots 6-12,Block 1,and Lot 7,Block 2,
Panoram Industrial Park Subdivision,
being part of the N1/2 of Section 12,
Township 1 North,Range 68 West of
the 6th P.M.,Weld County,Colorado
WHEREAS, on April 15, 2002, the Board approved an Improvements Agreement
According to Policy Regarding Collateral for Improvements(Public Road Maintenance) and
accepted Performance Bond #5877623 from Ohio Farmers Insurance Company, Westfield
Companies,Westfield Center,Ohio 44251-5001,in the amount of$350,000.00,and
WHEREAS,on July 27,2011,the Board of County Commissioners determined that the
requisite improvements were not completed,and therefore resolved that Performance Bond
#5877623,in the amount of$350,000.00,guaranteed by the Ohio Farmers Insurance Company,
be retained until improvements had been completed,and
WHEREAS,the Department of Planning Services received a request from Ron Lindsay,
representative of Lindsay Precast,LLC,requesting that the Board of County Commissioners
release the currently held project collateral,in the form of Performance Bond#5877623,in the
amount of$350,000.00,guaranteed by Ohio Farmers Insurance Company,Westfield Companies,
Westfield Center,Ohio 44251-5001,and accept warranty collateral in the form of Performance
Bond#US3002172,guaranteed by Euler Hermes North America Insurance Company,800 Red
Brook Boulevard,Ownings Mills,Maryland 21117,in the amount of$52,500.00,to be held for the
duration of the two(2)year Warranty Period,and
WHEREAS,staff from the Weld County Departments of Public Works and Planning
Services have conducted a site inspection and recommend full release of project collateral and
acceptance of warranty collateral for the aforementioned off-site improvements,and
4938548 Pages: 1 of 2
01/05/2024 11:50 AM R F.s:$0.00
Carly Kopper,Clark and Raoordar,Weld County,CO
IIPACIL MOON "III cERA4N/DA/ /
KR/Ko) 2023-3752
02/'2 24 PL1597
RELEASE PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL(SPR-340)-
LINDSAY PRECAST, LLC, FORMERLY ROLINDA COLORADO COMPANY, LTD., AND
FIREBAUGH PRECAST,INC.
PAGE 2
WHEREAS,upon recommendation of staff,the Board deems it advisable to release the
currently held project collateral,in the form of Performance Bond#5877623,in the amount of
$350,000.00,guaranteed by Ohio Farmers Insurance Company,Westfield Companies,Westfield
Center,Ohio 44251-5001, and accept warranty collateral in the form of Performance Bond
#US3002172,guaranteed by Euler Hermes North America Insurance Company,800 Red Brook
Boulevard,Ownings Mills, Maryland 21117,in the amount of$52,500.00,to be held for the
duration of the two(2)year Warranty Period,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 Performance Bond#5877623,in the amount of$350,000.00,guaranteed
by Ohio Farmers Insurance Company,Westfield Companies,Westfield Center,Ohio 44251-5001,
be, and hereby is, released, and warranty collateral in the form of Performance Bond
#US3002172,guaranteed by Euler Hermes North America Insurance Company,800 Red Brook
Boulevard,Ownings Mills,Maryland 21117,in the amount of$52,500.00,be,and hereby is,
accepted.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be,and hereby is,
directed to return said Performance Bond#5877623, in the amount of$350,000.00,to the
appropriate issuing party.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 18th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: r•-, eman,Chair
Weld County Clerk to the Board
BOalOrbtit Perry L.B k,Pro-Tem
Deputy Clerk to the Board
I K.
AP AS RM: i '' �
.Ross
County At rney
z
Date of signature:
Z 73
4938548 Pages: 2 of 2
01/00/2024 11:50 AM R Fee:$0.00
Carly Koppa�,Clerk and Recorder,Wald County,CO 2023-3752
so '�eni Iiih ith�� I� l i 1��� PL1597
CLERK TO THE BOARD
1861 PHONE:(970)400-4227
FAX: (970)336-7233
ll �`\I 1150 O STREET
t�1 1141 t. P.O.BOX 758
GREELEY,CO 80632� ��
11
GOUNTY
February 2,2024
Mr.Christopher Cabot
Westfield Companies
3560 W Market St-Ste 120
Fairlawn OH 44333
RE: Release Performance Bond#5877623—SPR-340
Lindsay Precast,LLC,formerly Rolinda Colorado Company,Ltd.,
and Firebaugh Precast,Inc.
Dear Mr.Cabot:
Enclosed please find the released Performance Bond and a copy of the Board of County
Commissioner's Resolution,dated December 18,2023,authorizing the release of Performance
Bond#5877623 held as project collateral in the amount of$350,000.00 for SPR-340,Lindsay
Precast,LLC,formerly Rolinda Colorado Company,Ltd.,and Firebaugh Precast,Inc.
If you have any questions,please contact me at(970)400-4227,or email choffman@weld.gov.e truly yours,
Cheryl Ho man
Deputy Clerk to the oard
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo-Martinez,Department of Planning Services
Elizabeth Relford,Max Nader and Kim Ogle,Department of Planning Services
Clerk to the Board File PL1597
U . S . Postal Service'
ErCERTIFIED MAIL° RECEIPT
Domestic Mail Only
so
.13 For delivery information, visit our website at www.usps.com®.
rFr�a;�sa f
1 ktg 1 LP a E
1'-- Certified Mail Fee
13—
$
Extra Services & Fees (check box, add fee as appropriate)
NM Return Receipt (hardcopy) $
4 O Return Receipt (electronic) $ Post
1,1
❑ ❑ Certified Mail Restricted Delivery $
a ❑ Adult Signature Required $ 021:
Adult Signature Restricted Delivery $
om Postage
.- $
r-q Total Postage and Fees
$ .
C`- s t r,./Ait7 Str tn• Apt. N ,, Box N -- -- - - -
/ye
City, : 0 -, ZIP+ •
l ' Oil
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
jy. 1s
=
/ �,• �7 '� `. .
SENDER : COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1 , 2, and 3.
A. Signa re
■ Print your name and address on the reverse X 1 ' O Agent
so that we can return the card to you. _Th 0 Addressee
■ Attach this card to the back of the mailpiece, B. Re iv by (Printed Name) C. Date of Delivery
or on the front if space permits.
1 . Article d ssed to: D. Is delivery address different from item 1 ? O Yes
jittAC i 44-1-it If YES, enter delivery address below: 0 No
r MAt /W
, ii'S 171-f-Affic3
3. Service Type ❑ Priority Mail Express®
O Adult Signature D Registered Mail"'
0 Adult Signature Restricted Delivery D Registered Mail Restricted
;Certified
Mail Restricted Delivery 0 Delivery Signature Confirmation"'
9590 9402 7686 2122 8608 60 ❑ Collect on Delivery O Signature Confirmation
9 Artirlp Ni imhar rT'r.nncfar from .gPrvira IahPli ❑ Collect on Delivery Restricted Delivery Restricted Delivery
nsured Mail
7 017 11150 0000 9674 6049 nsured Mail Restricted Delivery
over $500)
PS Form 3811 , July 2020 PSN 7530-02-000-9053 Domestic Return Receipt `02 i 0 0 :
2, 3 752_,
PAPPAS/AKRON-CANTON
GENERAL FORM STATUS INQUIRY
RECEIVED
SECOND REQUEST.PLEASE REPLY
Ohi• armers Insurance Company ,,UN 0 7 20
11
We meld Center,Ohio 44251-5001„ g Department Date: MAY 31,2011
c_Y OFFICE
WELD CO BD 0 CO COMMISSIONERS
DEPT OF PLANNI SERVICES Our Bond No BND 5877623
1555 NORTH 17TH A NUE
GREELEY CO 80631
Contractor: ROLINDA COLO DO CO LTD
Address: PO BOX 691 CANAL FULTON OH
044614
Description of Contract: ROADWA ,DRAINAGE&UTILITY WORK ASS IATED W/SPR NO.340
Contract Price(in M)$ 350,000 Bond Amount$.50,000 Effective Date 01/08/11
Without prejudicing your right or affect . our liability and our bond described above, we would
appreciate the following information.
ery truly yours,
11216:
Paul B.Bickelhaupt,Contract Bond Underwriter
1. IF CONTRACT COMPLETED,PLEASE STAT-
Approximate acceptance date of wor
Final Contract Price$
2. IF CONTRACT UNCOMPLETED,PLE'•E STATE:
Approximate percentage or d ar amount of contract compl_ed or delivered 0
3. Do you know of any unpaid bills wed by the contractor for labor o aterial
(Check) Yes No
4. Remarks: (if any) . /. ac/e .I.nefnci
SQUIRED
COLT-A. NO LONG nR R°mrr►iSSV3 rs
RELEA
void county
WELD CO BD OF CO C MMISSIONERS
by Bard°f W.4-4"
BY
date: Sean P. Conway
the Board TITLE Ch i t r-T r f ^ezi
by, pu c erk County Commissioners
DATE JUL 2 7 2011
(The language of this form is acceptable to the S.A.A.)
We greatly appreciate your cooperation. A self-addressed stamped envelope is enclosed.
BD 5077 0W/A-70.5
• DUPLICATE ORIGINAL
Performance Ohio Farmers Insurance Co.
Bond Westfield Companies
Westfield Center,Ohio 44251-5001
Bond No.5877623 •
KNOW AL MEN BY THESE PRESENTS:
That Rolinda Cobra o Co.,Ltd.,P.O.Box 691,Canal Fulton,OH 44614
(Insert name and address,or legal title,of contractor)
as Principal,hereinafter c ed Contractor,and OHIO FARMERS INSURANCE COMPANY,an Ohio Corp Lion,with
principal office at Westfield nter,Ohio,as Surety,hereinafter called Surety,are held and firmly bound to
Board of County Commission s,Weld County,Colorado
(Insert name and address,or legal title,of owner)
as Obligee,hereinafter called O er in the amount of Three Hundred Fifty Thousand and no/10
Dollars($350,000.00**********)
for the payment whereof Contractor nd Surety bind themselves,their heirs,executors,adm'istrators,successors and
assigns,jointly and severally,firmly by ese presents.
WHEREAS,Contractor has by written reement dated January 8,2002
entered into a Contract with Owner for roa ay,drainage,and utility work associat with SPR No.340
in accordance with drawings and specificatio prepared by Drexel Barrell&Comp y,Engineers/Surveyors
(Insert full name and title)
which Contract is by reference made a part here ,and is hereinafter referred to the Contract.
NOW,THEREFORE,THE CONDITION OF THI OBLIGATION is such t t,if Contractor shall promptly and faithfully
perform said Contract,then this obligation shall be nu nd void;otherwise'shall remain in full force and effect.
Whenever Contractor shall be,and declared by Owner to be in efault under th Contract,the Owner having performed Owner's obligation
thereunder,the Surety may promptly remedy the default,or shall promptl
(1) Complete the Contract in accordance with its terms nd c itions,or
(2) Obtain a bid or bids for submission to Owner for comp log the Contract in accordance with its terms and conditions,and upon
determination by Owner and Surety of the lowest responsible bidder, n for a contract between such bidder and Owner and make available
as work progresses(even though there should be a default or a su essio f defaults under the contract or contracts of completion arranged
under this paragraph)sufficient funds to pay the cost of completion ss the ba ce of the contract price;but not exceeding,including other costs
and damages for which the Surety may be liable hereunder,the ount set fo 'n the first paragraph hereof.The term"balance of the contract
price",as used in this paragraph,shall mean the total amount, pubic by Owner Contractor under the Contract and any amendments thereto,
less the amount properly paid by Owner of Contractor.
Any suit under this bond must be instituted before the expira'n of two(2)years from the d eon which Contractor ceases work on the Contract
No right of action shall accrue on this bond to or for the of any person or corporation othe an the Owner named herein or the heirs,executors,
administrators or successors of Owner.
Signed this 7th day January ,2002
Co, Rolinda Colorado Co Ltd.
o`kF,4
_Rq< Principal
aat�.a/c/Cou / By. x/26,„,,,,
�n
by: �cOmmFRRFQv OHIO FA RS INSU
Dom,.
C/erk .5 � /Oh
ers/RFO b
the Y eo David A.Coil, orney-in-Fact
and and
BD 5047-L(9-91)
•
Financial
Statement Ohio Farmers Insurance Co.
December 31,2000 Westfield Center,Ohio 44251-5001
(in thou nds)
ASSETS
Cash $ 8,030
Bonds 307,361
Stocks,Unaffiliated 114,121
Stocks,Affiliated:
Westfield Insurance Company 360,898
Westfield National Insurance Company 96,276
eacon Insurance Company of America 25,796
A erican Select Insurance Company 31,6
O1 uard Insurance Company 31 28
Old rd Fire Insurance Company ,828
First P 'ot Insurance Company 4,175
First Dela are Insurance Company 3,218
Non-Insura e Subsidiaries 24,540
Real Estate 55,774
Agents'Balances d Uncollected Premiums,Net 89,790
Interest and Dividen Accrued 3,643
Other Admitted and In gible Assets 30,846
Total Admitted Assets $1,199,712
LIABILITIE
Reserve for Unearned Premiu $ 132,378
Reserve for Unpaid Losses and ss Expense 225,701
Reserve for Taxes and Other Liabi 'es 165,430
Total Liabilities 523,509
URPLUS
Surplus 676,203
Total Surplus 676,203
Total Liabilities&Surplus $1,199,712
State of Ohio d
ss: boat
County of Medina b`1
The undersigned,being duly sw n,says:That he is Senior Executive- �FtR�eVe
Farmers Insurance Company, estfield Center,Ohio;that said'RP1. OC1G 155xot'
existing and engaged in bu ness as a Surety Company'ors:% NO o't'�m
authorized to do business i he State of.............................. O1. b,S(�O C
the requirements of the I s of said State applicable t� pNL- Go''- )9- ,ety
under such laws;that s d Company has also complied v 1$e �"' per the Act
of Congress approv July 1947,6 U.S.C.sec.6-13;a 0 �e; goa .ae and belief the
above statement is full,true,and correct statement of the da toe'e Company on the 31st
day of December 000. Cie
b`1 pePut4
Attest:
...V(Pe M,Y12,64.4.44("
... ................................................. ....et..................(..........................,......... ..................... • nw,. •
to
John T .Batchelder Richard L.Kinnaird,Jr. _ iERfp: s
Corp ate Secretary&Counsel Senior Executive =1:,1848;• f
Fidelity&Surety Operations ':' •' �'
Sworn to before me this 14th day of February,A.D.,2001. 1.1111.11.,•.1'''
`1„\1111/1111114
My Commission Does Not Expire .•PFt�A�",_
Sec.147.03 Ohio Revised Code a• -
William J.K elfin _
Attorney at Law q r' ,
Notary Public—State of Ohio 'e ov°
BD 5402 B
CER;ii I14ICA'TE OF COMPLIANCE Ohio Department of Insurance
07/01/2001
THIS IS TO CERTIFY,THAT
OHIO FARMERS-INSURANCE COMPANY
CITY OF WESTFIELD CNTR Expires /30/2002
STATE OF OHIO
NAIC No. 24104
is organized under the laws o e state and is authorized to issue policies and transact business under the followin ections of the Ohio
Revised Code:
Section 3929.01(A) Accident&Health
Section 3929-01(A)- scraft
Section 3929.01(A)-Al d Lines
Section 3929.01(A)-Boile Machinery D b j Board
Section 3929.01(A)-Burg! &Thee ERN- R REQUIRE
Section 3929.01(A)-Collective Renewable A&H CpL�.A SED •NO LONGE SSIOners
Section 3929.01(A)-Commercial uto-Liability EA O7
Section 3929.01(A)-Commercial A -No Fault REweld COUr1ty Cn'q`,7L
Section 3929-01(A)-Commercial Auto Phys.Damage Of o�/�"o�
Section 3929.01(A)-Credit Accident& th Gate
Section 3929.01(A)-Earthquake o th goard
Section 3929.01(A)-Fidelity by'Deputy Clerk
Section 3929.01(A)-Financial Guaranty
Section 3929.01(A)-Fire
Section 3929.01(A)-Glass
Section 3929.01(A)-Group Accident&Health
Section 3929.01(A)-Guaranteed Renewable A&H
- Section 3929.01(A)-Inland Marine
Section 3929.01(A)-Medical Malpractice
Section 3929.01(A)-Multiple Peril-Commercial
Section 3929.01(A)-Multiple Peril-Farmowners
Section 3929.01(A)-Multiple Peril-Homeowners
Section 3929.01(A)-Noncanceilable A&H
Section 3929.01(A)-.Nonrenew-State Reasons &H)
Section 3929.01(A)-Ocean Marine
Section 3929.01(A)-Other Accident only
Section 3929.01(A)-Other Liability
Section 3929.01(A)-Private Passer r Auto-Liab.
Section 3929.01(A)-Private Pass ger Auto-Other
Section 3929.01(A)-Private P senger-Phys Damage
Section 3929.01(A)-Surety
Section 3929.01(A)-Wo ers Compensation
•1/6 * Di ctor of Insurance
I hereby certify hat this is a true
and exact copy. 'gned this 12th
day of June, 2001.
T.Batchel r,Corporate Secretary
General POWER NO. 3401722 03
Power
of Attorney Ohio Farmers Insurance C .
CERTIFIED OPY Westfield Center, io
Know All Men: These Presents,That OHIO FARMERS INSURANCE COMPANY,a corporation duly organized and existing u er the laws of
the State of Ohio,an having its principal office in Westfield Center,Medina County,Ohio,does by these presents make,con ute and appoint
BRUCE HUMMEL,BRI• HUMMEL,DUANE GERBER,VAUGHN TROYER,DAVID COIL,LILLIAN KAUFFMAN,LORI WRIGHT,
THOMAS YODER,JOIN Y OR SEVERALLY
of BERLIN nd State of OH its true and lawful Attorney(s)-in-Fact,with full power and authority h eby conferred in its name,
place and stead,to execute,a owledge and deliver any and all bonds,recognizances,undertakings,or other nstruments or contracts of
suretyship .
LIMITATION: THIS POWER OF A ORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE,MOR AGE DEFICIENCY,MORTGAGE
GUARANTEE,OR BANK DEPOSITORY••NDS.
and to bind the Company thereby as fully nd to the same extent as if such bonds were signed by the P sident,sealed with the corporate seal
of the Company and duly attested by its S=retary,hereby ratifying and confirming all that the said A rney(s)-in-Fact may do I^" es.
Said appointment is made under and by auth,ity of the following resolutions adopted by the Board Directors of the ce
Company:
Be It Resolved,that the President,any ice-President,any Secretary or any Assistant.- by Board II
power and authority to appoint any one or ore suitable persons as Attorne�•'-• QU1RED
Company subject to the following provisions: ERAL ER RE
"Section 1.Attorney-in-Fact.Attorney-in-Fac a be giver er
to execute,acknowledge and deliver,any and IYbonds,I CD►-LASED NO LAN mission S
obligatory undertakings and any and all notices an,documen LE C
h� om
instruments so executed by any such Attorney-in-Fa. shall be '' e1d 601.1,1, i1�V
attested by the Corporate Secretary."(Adopted at a etng h Of W per'o�
"Be/t Resolved,that the power and authority to appo t Attol ' _...un the
3rd day of July,1957,is hereby also granted to any Assistant V date _.,y of July,1976.)
This power of attorney and certificate is signed and sealed by csir he Board ..,,,y Resolution adopted by the
Board of Directors of the Ohio Farmers Insurance Company at a et by; Cmerk t _.,,aay of June,1970:
"Be It Resolved,that the signature of any authorized office .I Deputy _,,,Many heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile,and any ..«urney or certificate bearing facsimile signatures or facsimile seal
shall be valid and binding upon the Company with respect to any••n.or undertaking to which H is attached."
In Witness Whereof,OHIO FARMERS INSURANCE COMPANY has ca,ed these presents to be signed by its Vice President,and its corporate
seal to be hereto affixed this 11th day of DECEMBER A.D.,2000.
Corporate ,,.•«.++..,,, O'O FARMERS INSURANCE COMPANY
Seal
Affixed ..<0.1.0.1.444,
.• 4.
�GNARTFRfQf - %
Ell.e.
I'33
State of Ohio :1j'.1848 Ms By
County of Medina ss., y'% °
Richard L innaird,Jr. Vice President
On this 11th day of DECEMBER A.D., r r r before me personally came Richard L.Ki aird,Jr.,to me known,who,being by me duly
sworn,did depose and say,that he resides in diva,Ohio;that he is Vice President of OHIO 'RMERS INSURANCE COMPANY,the company
described in and which executed the above ir.trument;that he knows the seal of said Company; at the seal affixed to said instrument is such
corporate seal;that it was so affixed by ord of the Board of Directors of said Company;and that h=signed his name thereto by like order.
Notarial a
Seal ?a'117/....."'.
ay2
Affixed "'r� F ''',104.010%.......
�`_ .......
• James M.Walker Notary Public
State of Ohio N 1"Pio
County of Medina so.: y ak'k1,•� M Commission Does Not Expire
TpFf Sec. 47.03 Ohio Revised Code
CERTIFICATE
I,Richard A.W-et,Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY,do hereby certify that th-•bove and foregoing is
a true and correct c•.y of a Power of Attorney,executed by said Company,which is still in full force and effect;and furth- ore,the resolutions
of the Board of Dir ors,set out in the Power of Attorney are in full force and effect.
In Witness hereof,I have hereunto set my hand and affixed the seal of said Company at Westfield Center,Ohio,t .7th day of
January A.D., 2OO2
.h
i4t/ I. ..,,,- 'leaceiA-O/ /, bil "
1848.41 Richard A.Wallet Assistant Secretary
BPOAO2(03-99)
Cheryl Hoffman
To: Kayse Chorvat; Dawn Anderson; Jazmyn Trujillo Martinez
Cc: Esther Gesick; Cheryl Hoffman; Paul Brennan
Subject: RE: Lindsay Precast - Collateral Release
Attachments: Resolution in ref to SPR - 340 - Lindsay Precast LLC. pdf; Letter and Released Performance Bond to Cabot, Westfield
Companies - SPR- 340 in re to Lindsay Precast. pdf
Good afternoon , Kayse ,
Attached please find a copy of the Board of Weld County Commissioner' s Resolution dated 12/ 18/23 and copies of the
letter and released Performance Bond sent to Christopher Cabot, Westfield Companies, 3560 W Market St — Ste 120,
Fairlawn OH 44333 today by certified mail .
We received your 4 originals of the Performance Bond # US3002172 to be held as warranty collateral and have it locked
in our safe for safe - keeping .
I hope you have a good rest of your Friday and a wonderful weekend .
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P. O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From : Kayse Chorvat < KChorvat@LindsayPrecast . com >
Sent : Thursday, February 1 , 2024 1 : 39 PM
To : Cheryl Hoffman <choffman@weld . gov>; Dawn Anderson < dranderson@weld . gov>; jtrujillolmartinez@weld .gov
Cc : Esther Gesick <egesick@weld . gov>; Paul Brennan < PBrennan@lindsayprecast . com >
Subject : RE : [ External ] RE : Lindsay Precast - Collateral Release
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.
Cheryl & Dawn ,
Thank you for the response and for providing a timeline . I have reached out to the original bonding company and they
have provided me with the address listed below .
Westfield Companies
3560 W. Market Street, Ste 120
Fairlawn, OH 44333
Attn : Christopher Cabot
Please let me know if you have any other questions .
1
Kayse Chorvat / Accounts Payable Manager / Corporate
kchorvat@lindsayprecast . com I www . lindsayprecast. com
Ir"ldse6J Phone 386 . 462 . 2015 Ext 7124
PRE A s t Ohio • Florida • Colorado • North Carolina • South
orotectir+c what Tat- t c' -. Carolina
From : Cheryl Hoffman <:choffman@weld .gov>
Sent : Thursday, Februaryy 1, 2024 12 : 57 PM
To : Dawn Anderson < dranderson@weld . gov>; Kayse Chorvat < KChorvat@LindsayPrecast . com >;
jtrujillolmartinez@weld.. gov
Cc : Esther Gesick < eges ck@weld . gov>; Cheryl Hoffman < choffman@weld .gov>
Subject : RE : [ External ] RE : Lindsay Precast - Collateral Release
Hi Kayse,
Dawn explained it well . Thank you , Dawn .
The Board of County Commissioners approved the release of the $ 350, 000 bond on 12/ 18/23 . We have the resolution
approving that release iere which has also been recorded . I put a rush on it for us to distribute the resolution to our
departments and then ft will come to me to send the released bond to Ohio Farmers Insurance Company and of course ,
will send you copies of everything .
We have the warranty bond in our safe for safekeeping . This was accepted by the Board on 12/ 18/23 also and is in the
amount of $ 52 , 500 issued through Euler Hermes North America Insurance Company .
Ohio Farms, the insurance company for the old bond , should be receiving the released bond by Friday, 2/9/24 I would
think and it will be sent certified mail . The only address I have for Ohio Farmers Insurance Company is Westfield Center,
OH 44251 -5001 . Is there a more complete address I should use ? Do you have a contact there I should send the released
bond directly to ?
Just let me know as socn as you can .
Thanks to both of you for your assistance . ® enjoy your day !
Cheryl L . Hoffman
Deputy Clerk to the Board
1150 O Street/P. O. Box 753
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From : Dawn Anderson <: dranderson@weld . gov>
Sent : Thursday, February 1, 2024 10 : 31 AM
To : Kayse Chorvat < KChDrvat@LindsayPrecast . com >; ltru . illolmartinez@weld . gov
Cc : Cheryl Hoffman <choffman@weld . gov>
Subject : RE : [ External ] F E : Lindsay Precast - Collateral Release
2
Cheryl Hoffman
From: Kayse Chorvat < KChorvat@LindsayPrecast.com >
Sent: Thursday, February 1 , 2024 1 : 39 PM
To: Cheryl Hoffman; Dawn Anderson; jtrujillolmartinez@weld .gov
Cc: Esther Gesick; Paul Brennan
Subject: RE: [External ] RE: Lindsay Precast - Collateral Release
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.
Cheryl & Dawn ,
Thank you for the response and for providing a timeline . I have reached out to the original bonding company and they
have provided me with the address listed below .
Westfield Companies
3560 W. Market Street, Ste 120
Fairlawn, OH 44333
Attn : Christopher Cabot
Please let me know if you have any other questions .
Kayse Chorvat / Accounts Payable Manager I Corporate
kchorvat@lindsayprecast. com I www . lindsayprecast. com
uridsej Phone 386 . 462 . 2015 Ext 7124
REC $ i Ohio • Florida • Colorado • North Carolina • South
protecting' what matt. Carolina
From : Cheryl Hoffman < choffman@weld .gov>
Sent : Thursday, February 1 , 2024 12 : 57 PM
To : Dawn Anderson < dranderson@weld . gov>; Kayse Chorvat < KChorvat@LindsayPrecast . com > ;
jtrujillolmartinez@weld . gov
Cc : Esther Gesick < egesick@weld . gov >; Cheryl Hoffman < choffman@weld . gov>
Subject : RE : [ External ] RE : Lindsay Precast - Collateral Release
Hi Kayse ,
Dawn explained it well . Thank you , Dawn .
The Board of County Commissioners approved the release of the $ 350, 000 bond on 12/ 18/23 . We have the resolution
approving that release here which has also been recorded . I put a rush on it for us to distribute the resolution to our
departments and then it will come to me to send the released bond to Ohio Farmers Insurance Company and of course, I
will send you copies of everything .
We have the warranty bond in our safe for safekeeping . This was accepted by the Board on 12/ 18/23 also and is in the
amount of $ 52 , 500 issued through Euler Hermes North America Insurance Company .
1
Ohio Farms, the insurance company for the old bond , should be receiving the released bond by Friday, 2/9/24 I would
think and it will be sent certified mail . The only address I have for Ohio Farmers Insurance Company is Westfield Center,
OH 44251-5001 . Is there a more complete address I should use ? Do you have a contact there I should send the released
bond directly to ?
Just let me know as soor as you can .
Thanks to both of you for your assistance . ® enjoy your day !
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P. O. Box 756
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From : Dawn Anderson cdranderson@weld .gov>
Sent : Thursday, February 1, 2024 10 : 31 AM
To : Kayse Chorvat < KChorvat@LindsayPrecast . com >; jtrujillolmartinez@weld .gov
Cc : Cheryl Hoffman < choffman@weld .gov>
Subject : RE : [ External ] RE : Lindsay Precast - Collateral Release
Kayse,
Thank you for reaching out . The release of project collateral and acceptance of warranty collateral was heard and
approved by the Board of County Commissioners on December 18, 2023 . At this time we are just waiting for the
Resolution to return from recording . However, you should not need to pay the premium for the old bond as it has been
approved . The holidays slowed some things down but we are currently looking into whether or not we can speed
anything up . Worst case , you and the insurance company should have something hard copy by the end of next week .
Please let me know if you have additional questions .
Dawn R. Anderson
Development Review Man iger
Weld County Planning Services
1402 N. 17x'1 Avenue
Greeley, CO 80632
Email: dranderson@welc .gov
Office: (970) 400- 3736
r 11 '
2
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 : Kayse Chorvat < KChorvat@LindsayPrecast . com >
Sent : Wednesday, January 31 , 2024 9 : 03 AM
To : .ltruiillolmartinez@weld .gov; Dawn Anderson < dranderson@weld .gov>
Subject : FW : [ External ] RE : Lindsay Precast - Collateral Release
Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
isender and know the content is safe.
Reaching out in regard to our new Bond acceptance , can someone please provide a status update ?
Our old bond premium is currently due and we have not see or heard anything related to the acceptance of the
new bond and release of the old .
Thank you ,
ILEDM Kayse Chorvat / Accounts Payable Manager / Corporate
kchorvat@lindsayprecast . com I www . lindsayprecast. com
uric:Ise6i Phone 386 . 462 . 2015 Ext 7124
PR EC s t Ohio • Florida • Colorado • North Carolina • South
protecting is*i.t matters Carolina
From : Kayse Chorvat
Sent : Monday, December 18, 2023 9 : 31 AM
To : jtrujillolmartinez@weld .gov
Subject : FW : [ External ] RE : Lindsay Precast - Collateral Release
Jazmyn ,
Following up, was the new bond accepted and old bond released ?
teaKayse Chorvat / Accounts Payable Manager / Corporate
kchorvat@lindsayprecast . com I www . lindsayprecast. com
ii 'idse : Phone 386 . 462 . 2015 Ext 7124
R E c s t Ohio • Florida • Colorado • North Carolina • South
protecting whist matter Carolina
From : Paul Brennan < PBrennan@lindsayprecast . com >
Sent : Sunday, December 17, 2023 3 : 05 PM
3
To : Kayse Chorvat < KCh ) rvat@LindsavPrecast . com >
Subject : FW : [ External ] 1E : Lindsay Precast - Collateral Release
Though the board met o accept the bond last Monday and we would have an answer on closing the old bond / Can
you follow up and advhe ?
Paul Brennan
CFO
Cell 330 - 641 - 7600
From : Jazmyn Trujillo Martinez <jtrujillomartinez@weld .gov>
Sent : Monday, November 27, 2023 1 : 53 PM
To : Goldstein , Eric < ego dstein@risk-strategies . com >
Cc : Paul Brennan < PBre inan@lindsayprecast . com >
Subject : [ External ] RE : L ndsay Precast - Collateral Release
CAUTION : This message o iginated outside of Lindsay Precast .
Eric,
That bond is acceptable The original agreement was accepted by the Board of County Commissioners on April 15, 2002 .
Best,
Jazmyn Trujill 3 -Martinez
Development Review
Weld County Planning Services
1402 North 17Th Avenue
P. O. Box 758
Greeley, CO 80631
(9 70) 4 00-3 711
Iwo
�. f
1 / r '
�-f
T
Confidentiality Notice : —his electronic transmission and any attached documents or other writings are intended only for
the person or entity to vhich it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosLre . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the :ommunication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this commLnication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Goldstein , Eric < E goldstein@risk-strategies . com >
Sent : Monday, Novemter 27 , 2023 9 : 21 AM
To : Jazmyn Trujillo Marinez <jtrujillomartinez@weld .gov>
Cc : Paul Brennan < PBreinan@lindsayprecast . com >
Subject : RE : Lindsay Precast - Collateral Release
4
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.
Jazmyn ,
Please review the attached .
I will need the original agreement date .
If this is acceptable, I will insert the date, sign , seal , attach a power of attorney and forward to Paul for signature .
Appreciate your help .
Eric Goldstein
Senior Vice President, Private Equity Practice
p 314-854- 1336 ( m 636-346-6951 I egoldstein@risk-strategies.com
From : Jazmyn Trujillo Martinez <jtrujillomartinez@weld .gov>
Sent : Monday, November 27, 2023 8 : 47 AM
To : Goldstein , Eric < egoldstein@risk-strategies . com >
Cc : Paul Brennan < PBrennan@lindsayprecast . com >
Subject : [ EXT] RE : Lindsay Precast - Collateral Release
CAUTION : This email originated outside of the Company network . Do not click links or open attachments unless you recognize the
sender and know the content is safe .
Good morning Eric,
Seems like we were playing phone tag last week . In regards to the bond for Lindsay Precast :
• The bond is related to Land Planning Case SPR # 340
• I was expecting a reduction of the existing bond via a bond rider but Mr . Brennan stated that they may just need
to replace the bond entirely, either way will work for us
• Weld County accepts bonds obtained through the financial Institution or insurance company that is backing it
and requires the Surety company executing the bond MUST appear on the Treasury Department' s most current
list ( circular 570 as amended ) and be authorized to transact business in the State of Colorado . The Bond MUST
be accompanied by the Attorney- in -fact authority from the Surety company certified to include the date of the
bond . Bonds may not have expiration dates, must be auto - renewable unless the financial institution gives the
County and the applicant 90 days notification with due time for applicant to secure collateral and submit new
collateral to the County .
• Weld County Requires the Original Bond . A PDF copy of the bond can be provided to me so I can begin
processing the reduction , this just speeds of the administrative process .
I will be in my office until 1 : 30 pm , so please feel free to reach out if you have any other questions .
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P. O. Box 758
Greeley, CO 80631
(970) 400-3711
5
i 'yfe1
) , ' IA =
r ir
. - Lit
Confidentiality Notice : Tells electronic transmission and any attached documents or other writings are intended only for
the person or entity to ‘.ihich it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosu -e . 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 comrru lication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Goldstein , Eric < eioldstein@risk-strategies . com >
Sent : Monday, November 27, 2023 7 : 34 AM
To : Jazmyn Trujillo Martinez <jtrujillomartinez@weld .gov>
Cc : Paul Brennan < PBrennan@lindsayprecast . com >
Subject : Lindsay Precast - Collateral Release
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 contnt is safe.
Jazmyn ,
Following up on my voicemail from last week .
Risk-Strategies handles he bond needs of Lindsay Precast .
I am looking for some clarification on the request below .
Is there an ordinance or contract associated with this bond ?
Are you looking for a re luction in the current bond or a new bond ?
Are we able to provide , bond in the name of Lindsay Precast ?
Will you accept an electronic bond , or, do you need an original ?
I appreciate your help .
Eric Goldstein
Risk-Strategies
Eric Golcstein
Senior Vi e President, Private Equity Practice
Risk Stra egies
314-85 -1336 I m 636-346-6951
egoldszeh@risk-strategies .com
231 S Beniston Avenue, Suite 800 I St . Louis, MO 63105
Riskstratr gies.com
The information contained in this electronic message and any attachments hereto are intended for the exclusive use of the addressee
contain confidential, proprietary and/or privileged information . If you are not the intended recipient please notify the sender immediE
copy or c sclose the information to anyone and destroy all copies of this message and any attachments . You may not rely on e- mail co
to report a claim or to give us instructions to place, bind, change or terminate coverage unless we have subsequently confirmed to yot
that we Have received your message and will be taking the action you requested .
From : Jazmyn Trujillo Martinez < .trujillomartinez@weld .gov>
Date : November 20, 2023 at 11 : 26 : 11 AM EST
To : Pau Brennan < PBrennan@lindsayprecast . com >
Subject RE : RE : FW: [ External ] Lindsay Precast - Collateral Release
6
Good morning Paul ,
Attached is the recorded improvements agreement for SPR- 340 . The bond information
begins on page 21 of the packet .
The new bond just needs to be in the amount of $ 52 , 500 . I have also included our
required language for bonds .
Please feel free to reach out to me if there are any other questions regarding the bonds .
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P. O. 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 .
From : Paul Brennan < PBrennan@lindsayprecast . com >
Sent : Friday, November 17, 2023 3 : 19 PM
To : Jazmyn Trujillo Martinez <jtru ' illomartinez@weld .gov>
Subject : FW : RE : FW : [ External ] Lindsay Precast - Collateral Release
This email originated from outside of Weld County Government. Do not click links or open attachments unless you re
sender and know the content is safe.
Jazmyn ,
I need to get a new bond issued rather than issued a rider for the current bond .
Can you provide me the infoation I need to make sure I get the bon issued
correctly ? Copy of the current bond would be helfpul .
Paul Brennan
Chief Financial Officer I Corporate
pbrennan@lindsayprecast. com I https : // lindsayprecast . com/
cell 330 . 641 . 7600
Ohio . Florida . Colorado . North Carolina . South
Carolina . Pennsylvania
From : Randy Lindsay- Brisbin < rmbris@comcast . net>
Sent : Friday, October 20, 2023 3 : 27 PM
To : Ron Lindsay ; rlindsay@LindsayPrecast . com >; Ed Harkness < EHarkness@lindsayprecast . com >; Paul
Brennan < PBren ian@lndsayprecast . com >
Subject : Fwd : RE : FW : [ External ] Lindsay Precast - Collateral Release
CAUTION : This message originated outside of Lindsay Precast .
Ron , Ed and Paul ,
See the email below regarding reducing the Weld County performance bond to
$ 52 , 500 . This is 15 % of the original bond that will be held for a one year road warranty .
Based on the email , Kim Ogle and staff must have been out to the site for the final
inspection . I recall that Paul had received an invoice for the bond earlier this year so
please reach out to them to reduce the bond and provide Jazmyn with the requested
bond rider so they can move it before the full Board . Thanks and let me know if any
questions or i- I can assist .
Randy
Original Message
From : JE zmyn Trujillo Martinez <jtrujillomartinez@weld .gov>
To : Randy Lindsay- Brisbin < rmbris@comcast . net>
Cc : Ed Harkness < EHarkness@lindsayprecast . com >
Date : 10/ 19/2023 3 : 47 PM MDT
Subjects RE : FW : Lindsay Precast - Collateral Release
Randy,
Thank you for providing that invoice to us . Development Review supports the request of
the bord being decreased to the Warranty Collateral amount of $ 52 , 500 . 00 . Please
contact your Performance Bond company, Ohio Farmers Insurance Group, to ask for a
bond rider to reduce the collateral from $ 350, 000 to $ 52 , 500 . Once we have the bond
rider, I can proceed with taking it before the Board of County Commissioners for
acceptance and release of the original full amount .
If you bye any questions, please feel free to reach out to me via email or phone .
Best,
Jazmyn Trujillo - Martinez
8
Development Review
Weld County Planning Services
1402 North 17th Avenue
P . O . Box 758
Greeley, CO 80631
(970) 400-3711
< image001 .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 : Randy Lindsay- Brisbin < rmbris@comcast . net>
Sent : Thursday, October 19, 2023 11 : 14 AM
To : Jazmyn Trujillo Martinez <jtrujillomartinez@weld .gov>
Cc : Ed Harkness < EHarkness@lindsayprecast . com >; Randy LINDSAY- BRISBIN
< rmbris@comcast . net>
Subject : Fwd : FW : Lindsay Precast - Collateral Release
Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recogniz
and know the content is safe.
Hi Jazmyn ,
Thanks for your email and sorry for the delayed response . I was out of the
country the past three weeks until last night and saw your email this
morning . The seeding work around the detention pond was completed on
September 26 , 2023 . The invoice for that work is attached and has been
9
paid . Please feel free to reach out to Ed Harkness , Lindsay's Operations
Manager at the Dacono plant , if you have any additional questions
regardi ig the work completed . Ed is copied on this email .
Please note that my email has changed to rmbris@comcast . net for future
commLnication . Please feel free to reach out to me if any additional
questicns regarding Lindsay ' s request for the collateral release .
ThankE !
Randy Lindsay- Brisbin
719-499 -2861
Original Message
= rom : Randy Lindsay- Brisbin < RBrisbin@LindsayPrecast . com >
To : Randy Comcast < rmbris@comcast . net>
Date : 10/ 19/2023 8 : 56 AM MDT
Subject : FW : Lindsay Precast - Collateral Release
From : Jazmyn Trujillo Martinez < jtrujillomartinez@weld .gov>
Sent : Thursday, October 5, 2023 10 : 06 AM
To : Randy Lindsay- Brisbin < RBrisbin@LindsayPrecast . com >
Subject : [ External ] Lindsay Precast - Collateral Release
CAUTION : This message originated outside of Lindsay Precast .
Good morning,
10
Kim Ogle , passed your letter request for the Lindsay Precast site to be
moved from Project Collateral to Warranty Collateral . Development
Review just has the concern of the vegetation that has not been
e stablished around the detention pond . Could you provide us an
u pdated cost estimate of the cost to reseed and re -establish the
vegetation around the detention pond ? Development Review would like
to release majority of the Project Collateral but just retain enough to
the cover the vegetation re- establishment .
Please let me know if you have any questions or concerns with this
request .
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P . O . Box 758
Greeley, CO 80631
(970) 400-3711
< image001 .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
o f this communication or any attachments by anyone other than the
n amed recipient is strictly prohibited .
11
CbrAllari+1111- (01
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:BOCC Agenda Item—Full Release of Project Collateral and Acceptance of Warranty Collateral
for:Lindsay Precast,LLC—SPR-340
DEPARTMENT:Planning Services DATE:December 5,2023
PERSON REQUESTING:Jazmyn Trujillo-Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Ron Lindsay,on behalf of Lindsay Precast,LLC,
requesting that the Board of County Commissioners release the currently held collateral for formerly Rolinda
Colorado Company LTD&Firebaugh Precast,now Lindsay Precast,LLC in the amount of$350,000.00 held in
the form of a Performance Bond#5877625 issued by Ohio Farmers Insurance Groups.Warranty collateral in
the amount of$52.500.00 is required to be held reason for the duration of the two-year warranty period.Warranty
collateral has been provided in the form of Performance Bond#US3002172 issued by Euler Hermes North
America Insurance Company,800 Red Brook Boulevard,Ownings,Mills,Maryland 21117.
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 and B,of the Improvements Agreement According to Policy Regarding Collateral
for Improvements Document Tyler#2002-0921, have been completed and are found to be
acceptable.
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.
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:
Rolinda Colorado Company LTD,Firebaugh Precast,Inc.for
Panoram Industrial Park Subdivision(2002-0921 PL1597)
Imps.Agreement(Public Road)SPR#340.Performance
Bond#5877623 from Ohio Farmers Insurance Company,
Westfield Center,Ohio 44251-5001 $350,000.00
Expires 2 years after Contractor ceases work on contract
Received phone call from Dan Pentecost(330-887-0669)
on 07/08/09.Everything is ok with this bond.
Retain bond until improvements completed(2011-1895
(7/27/2011)
Consequences:
• The new development paid their way for the improvements required by the new development on,
now the improvements need to withstand the two-year warranty period or the County will be
required to pay for the warranty of improvements,if required.
Impacts:
• Traffic related to the new development warranted the requirements of certain improvements and
new developments should be held responsible for their impacts for the two-year warranty period.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
• County will hold warranty collateral should the County need to draw on it in order to complete the
warranty work,if required.No direct costs for the County by supporting the recommendation.
2023-3752
IZAlc PLncn
Recommendation:
Option 2. 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 Lindsay
Precast,LLC—SPR-340 and that this item be placed on the next regularly scheduled BOCC Hearing,as part
of the Regular Agenda.
Swoon Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Temt7
Mike Freeman,Chair klA.F
,
Scott K.James ,L k
Kevin D.Ross
Lori Seine
Lindsay
PRECAST
Phone(386)462-2015•Fax(386)462-5701.Toll Free(800)669-2278
13365 SOUTHERN PRECAST DRIVE•ALACHUA,FL 32615
www.findsayprecasL com
28 September 2023
Kim Ogle
Principal Planner
Weld County Planning Services
kogle@weldgov.com
Re:Release of Bond related to Lindsay Precast Improvement Agreement
Dear Kim,
Lindsay Precast LLC has completed the site plan improvements related to Performance
Bond#5877623(Ohio Farmers Insurance Groups,Westfield Companies,$350,000)and as
outlined in the Improvement Agreement for Site Plan Review SPR#340 and subsequent
approved improvements(formerly Rolinda Colorado Company Ltd and Firebaugh
Precast/now Lindsay Precast LLC).We respectfully request that the bond be released,
subject to a 15%hold back for road improvement warranty.Please contact me if any
additional information is needed.Thank you.
Sincerely,
Ron Lindsay
CEO
Lindsay Precast LLC
,ApCA
CERTIFIED PLANT
17114474--411
T1 r `
R4/".."4-1.(f
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
Bond#US3002172
KNOW ALL PERSONS HY THESE PRESENTS, that 1,ame)i t.cl ay Precast,
LLC, 6845 Erie, Canal Fulton, OH 44614, alimited liability company,
organized under the laws of the State of Ohio, with its principal
office located at )6845 Erie, Canal Fu,ton, OH 44611, hereinafter
called"Principal", ,and E.tler Hermes North America Insurance Company,
of 8,1 Red Brook Boulevard, Owning, Mills, MD 21117hereinafter
called"Surety".rety" are held and firmly bound unto n and of County
Commissioners of Weld County, Colorado, on behalf of Weld County,
Colorado, hereinafter called'Obligee" in the full and penal SAM Of
Fifty Two Thousand Five Hundred and No/100 Dollars ($52,50g.00), Lawful
money o1 the United States, for the payment .;f which well and truly
made, we bind ourselves, our heirs, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the above-bound Principe': has obtained or is about to
obtain from the Obligee a lard use permit, namely SPR. 4340, and
pursuant to the requirements et said permit:, has entered into an
Improvement, Agreement, dated April 15, 2002, with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of ,mprovemen,s for which Principal is
responsible equals Fifty Two Thousand Five '0O4r.d and Poi,C,,,
/152,500.00), and
WHEREAS, at completion of the Project Collateral phase of the
Agreement, the amount of this Bond shall be reduced, by ricder, to 15',
of the original amount throughout the Warranty Collateral phase of the
Bond, and shall be held in total by the:County for two (2) years
following its wri/Len acceptance of the improvement(s).
NOW, THE?.EFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, rhat if
Principal shall well, truly and f-aithfuily perform its duties, and all
of its undertakings, covenants, terms, and conditions as get forth in
the Improvements Agreement., and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall _fully indemnify and
save harmic,..I Obi lgee from all costs and damages which.it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
ai-_ri repay Obligee: all outlay and expense which Obligee may incur in
maxima good any default, then this obligation shall be null .and void;
PROVIDED FURTHER, that if Principal shall default in any of Its
obligations set forth in the improvements Agreement:, and thereafter
tail to fully indemnify and save harmless It,r l gene from ail costs and
damages wt ich it may suffer by reason .a`- said clef.ault, this ool.igation
shall remain in full force and effect;
PROVIDED FURTHER, recd grille,,of-the number of years this Band is in force, or
the number of c;ont 7nnation certificates s,ucd, the liability of Lh2 Surety
shall not be cumulative in amounts from period to period and shall in no event
exceed the amount set forth above, or as amended by rider;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such uhanye, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
( thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 27
day of November, 2023.
Lindsay Precast, LLC.
Principal
By• ��—
Pr Ctcipal Secretar itness itle Cro
(SEAL)
Euler Hermes North America Insurance
Company
ri By:
Witness as to Surety Eric B. G dstein, Attorney-in-Fact
231 S. Bemiston Ave., Ste. 800
Clayton, MO 63105 231 S. Bemiston Ave., Ste. 800,
Clayton, MO 63105
Address
',FAlitiatiz I� ;�: Allicnz
} ,: �^ Trade
EULER HERMES NORTH AMERICA INSURANCE COMPANY 25348
8
$00 Re4I,Brook Boulevard*Owinggelifls,Maryland'2l l 17
The ntunbcr of persons authorized by this
'''Power of Attorney is not more than; 2
` 4 ' '• ,.,yx�t3! R 4F 4 'ORNEY },w "}t '
KNOW ALL MEN BY Tngsg PRBS$NT:That EULER HERMES NORTH AM !NW' NCE COMPANY(EULER HERMES)„is
corporation organ art unif8r,:a ws of the state of Maryland,dnog`e y, n j},�a,ute,and appoint the parson or p to ,"'4
named below,each �i'ual i 0)t is named,its true and lawful y-i Zafil i,Tits name,place,and stead to exeeutt7 ob 1
behalf of EULER HERMES. �y, -mall bonds,undertakings,and cott�f i.`rd'1 Y written obli t' s rt`B p� ga ton to the nature ther'd3t;
provided that the liability of EULER HERMES on any such bond undertaking,or contract of suretyship executed under this authority shall not
_provided
ihe.(inejj{:stated below. •� ;'
y 4 a
1 ,;, .< AD,RESS LIMITOF;POWER
Eric Goldstein 2315.Bemiston,Avenue Unlimited.
Neil(reuter,Jr. Suite 800 _,
Clayton,MO 63160 , '' `` ,
r
110110worofAttorney revokes all previous powers isAuet;on bnha4f of the atterney(a)-in-fact earned above. .,
.s Via°.x, `v,� IN WITNESS WHERBO LE M$5r,beeeaused these presents to be sigae'd dnd t<Ctostda ltd itfr.apj eupriate
'... officers and its corporate ee a [afE Wls let! day of February ,�20_22L.
i :, ,''''.'-, -:„,:, .6
`2000 ¢ + '13 '„ /// a. '"'r',/4...James Daly,President andpiO1The,A.meeicas Nicholas P Verna li r Vice President
§ r. n 4 4, and t r l of Sl nt artd
Statelof Mdrylaod,County of Baltimore R uatattl,.,Milanese
On this 1st day of :February 1, ,before me personally appearetbl!ticho)as P.`V T,� ,o known,being drily sworn,deposes slid S
says that he resides it MUlheistsrti�'PA; 't Senior Vice President and Regt`okt►al 4 :S ettd Gtrarerttee,Americas of Euler Iit;tsrks;Y..
North America lnsurtut 0Conpapn t t, described herein and which executed "dbore iMsttiltnent;that he know the seal of EULlIk ,.:`
HERMES;that the seal affixed to said instrument is such corpora==seal;that it was so affixed by authority of the Board of Directors of EULER
7 1.,E MFS t hi:reined his name thereto by lilco authortty.�i/
, 4 y' %ANN Aqr'rtet v '
•:w a r,a p t Notary Pub!
NtxarisleSedl...•` fm, �' 'llhls;,CAmmisslon Expires April 4,2(123 t 3.'
y '6.1,
r
Th(s dQ se.gran'd by authority of the)bllt rringlen5lut(ons:,atltopted by the Board of Directors of RULER H,ERMES,:
a, TtOi1? r ,tl iNCII COMPANY(Gamey)It uetahimtws xoinsent on October 1,2013. ' ..
lei,�' 14 .��t,I�t..! ,� :��,:A� .�" "" 4� *g #4 •.
RES`�OLV1ab:Ttiat the President,Executive Vice Presit�ent,Senior Vies President,Vice President,Secretary,and Assistant;Vice Secretary,be and
hereby are authoeizedlrogt dipp,t9imo tq p im one or more Attorneys-tn-Fact to sesote$n b half os the company,as surety,and airy sod tip
bonds,undertakings an¢.ccloepnts afa hip,;or other written obligation in the tthtuee traitor;Io korbttheir respective duties and all respective
limits of their sothorityt aasd to ravdke .gi{a appointstent at any time. y
R SULVB EHETFIBR:Thai the Company eral e"si ee kof;rho aforesaid officers and may l kixeel�ley facsimile,to any
,�Pei ttofst'given for the execution of any h 1, nn nap of of suretyship,or other writtent
ttrry� ob�a at�pa�tilt's namrts,thereof,
, such.gib naturq,aid seal when so used being toy ttty 410'Company as the original sign of Leh'.6fEee(s4nd the
on ttidl seal of iko Company,to be valid and binding n that intt**with the same force and effect as thought,thanuaily iffixod.
' ., ,, CERTIFICATION,
1,Nicholas P.Verna ll;,enioi$VCe PtCstdret;aed Regional Head of Surety&(lupsa►ttei Ahler(yai',QPEttLER HERMES NORTH AMERICA
INSURANCE COMPANY,do fideby Certify that the foregoing Power of AttomeY and the ltesolutfotis of the Board of Directors of October I,
2015,have not been revoked and are now in full force end.efteot,.
r;
Signed and sealed this day of t.
NN 1 IIU.i
l'' —4‘///ligc—2'.
4,NnN* Nicholas P.Verna 11,Senior Vita President and Regional
'' ,;,,,:r° Head of Surety and GuarantcerAmericas
Older Iterina eretAmdfies Insurance Company and its affiliated debt eollietioneeinpatiy tire part of the Allianz group and market their products and services using the'AlilsnaTrade'trademark.
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW,SPR#340-ROLINDA
COLORADO COMPANY LTD.,AND FIREBAUGH PRECAST,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 February 16,2001,the Department of Planning Services staff did
approve a Site Plan Review,SPR#340,for Rolinda Colorado Company Ltd,and Firebaugh
Precast,Inc.,P.O.Box 691,Canal Fulton,Ohio,44614,for the Fabrication of Precast Concrete
Products on the following described real estate,to-wit:
Lots 6-12,Block 1 and Lot 7,Block 2,Panoram
Industrial Park Subdivision,being part of the N1/2
of Section 12,Township 1 North,Range 68 West
of 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
(Public Road Maintenance)between the County of Weld,State of Colorado,by and through the
Board of County Commissioners of Weld County,and Rolinda Colorado Company Ltd.,and
Firebaugh Precast,Inc.,with terms and conditions being as stated in said agreement,and
WHEREAS,the Board has been presented with Performance Bond#5877623 from
Ohio Farmers Insurance Company,Westfield Companies,Westfield Center,Ohio,44251-5001,
in the amount of$350,000.00,and
WHEREAS,after review,the Board deems it advisable to approve said agreement and
accept said Performance Bond#5877623 as stated above,copies of which are attached hereto
and incorporated herein by reference,and
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(Public Road Maintenance)between the County of Weld,State of
Colorado,by and through the Board of County Commissioners of Weld County,and Rolinda
Colorado Company Ltd.,and Firebaugh Precast,Inc.,be,and hereby is,approved.
2002-0921
fio,,ida, F/ PL1597
IMPROVEMENTS AGREEMENT-Rolinda Colorado Company,Ltd(SPR#340)
PAGE 2
BE R FURTHER RESOLVED that Performance Bond#5877623 from Ohio Farmers
Insurance Company,Westfield Companies,Westfield Center,Ohio,44251-5001,in the amount
of$350,000.00,be and hereby is,accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 15th day of April,A.D.,2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY,COL RAD
ATTEST: , /B ILA
ix
Giti7,Chair
,au
Weld County Clerk to thBY: ��'• I ;�'yyr °�[ ��
/ 'I. A David E.L. ,Pro-Tern
Deputy Clerk to the Boa
M.J. eii
APPROVED AS TO FORM:,
� EXCUSED
William H.Jerk
t-L-
,etsdh---41ntyAtto Cast�
Robert D.Masden
Date of signature: `�,6Z5
2002-0921
PL1597
•
Mac MEMORANDUM
COLORADO
TO: Weld County Board of County Commissioners March 1,2002
FROM: Robert Anderson,Planner III
SUBJECT: Acceptance of Performance Bond
Rolinda Colorado Company,Limited
Post Office Box 691
Canal Fulton,Ohio 44614
Case Number SPR-340
On February 13,2002,the Department of Planning Services received a Performance Bond for
Rolinda Colorado Company,Limited,for on-site improvements for the Fabrication of Precast
Concrete Products in the I-3 Zone District, Case Number SPR-340,in the amount of Three
Hundred and Fifty Thousand Dollars and no/100's($350,000.00)
Items covered under this Performance Bond Include:
Item Estimated Completion Date Amount
Street Base May 2002 $ 127,500.00
Retention Pond/Drainage 38,752.00
Water Mains&Fire Hydrants 79,160.00
Road Culverts 21,000.00
Landscape Treatment Oct 2002 30,000.00
Sub Total $306,912.00
Engineering and Supervision Costs 15,346.00
Total Estimated Cost of Improvements and Supervision $ 322,258.00
The Weld County Attorney,the Department of Public Works and the Department of Planning
Services,have determined that the amount of the agreement will be sufficient to complete the work
required for on-site improvements for and the Department of Planning Services recommends
acceptance of this Letter.
a,oGi&-/'9X/
PL 1597
•
• •
202
• IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this_ e, day of S.% ,,200L-,by and
between the County of Weld,State of Colorado,actin through its Board of County Commissioners,
hereinafter called"County,"and 6/or• vao.f.L2z,hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described
property in the County of Weld,Colorado:
1 e/s,"/Z►B/'e u Jae/ /—/3 ...6.4c,‘ z �.�.�-r.,.✓s���:/
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be
known as 41,/►..1./Fir SAQ it/o.3y.has been submitted to the County for approval;and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements
shown on plars,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in
Exhibits"A"and"B"of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services:Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado,and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,survey's.
designs,plans and profiles,estimates,construction supervision.and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County,Applicant shall furnish one set of
Nr,ivd UI ION:d111
l 1111111111111111111111111111111111111111111111 .1...LF�LI StN 1]1/1.11 HL1(RO COI?ILRU11 U:@F
i 15 0,00 5 0.11:12A
0 Weld
County CO ,2222-C9.2/
•
reproducible"as-built"drawings and a final statement of construction cost to the
County.
2.0 Rights-of-wav and Easements:Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction:Applicant shall furnish and install,at its own expense,the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto
and incorporated herein by reference,according to the construction schedule set out in
Exhibit"B"also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements.Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed,the requirements and
standards of the County shall be adhered to.If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its nnn expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County;and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and
inspect,or to require testing and inspection of material and work,at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water,gas,electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule
appearing in Exhibit"B."The Board of County Commissioners,at its option.may
grant an extension of the time ofcompletion shown on Exhibit"B"upon application
by the Applicant subject to the terns of Section 6 herein.
4.0 Release of Liability:Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
161111111 11111 NIMBI ill 111111111111 III 11111 IIII I1IIe.isrd 0.187.411
\\Phll l:\\N F.\III PI 61.ICNlI 111!?{!'lttl\\L:N F'
2946201 2 04/26/20021 11:12A dA Sind Taukamolo
2 of 15 R 0.00 0 0,00 Weld County CO
every nature and description caused by,arising from,or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit,action or claim,together with all reasonable expenses and
attorney fees incurred by County in defending such suit,action or claim whether the
liability,loss or damage is caused by,or arises out of the negligence of the County or its
officers,agents,employees,or otherwise except for the liability,loss,or damage arising
from the intentional torts or the gross negligence of the County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage,and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
5.0 Off-Site Improvements Reimbursement Procedure:The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development are not adequate in Structural capacity,
width,or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development.
5.1 The subdivider,applicant,or owner shall enter into an off-site improvements
agreement prior to recording the final plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
- The legal description of the property to be served.
- The name of the owner(s)of the property to be served.
- A description of the off-site improvements to be completed by the
subdivider,applicant,or owner.
- The total cost of the off-site improvements.
- The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the ITE Trip
Generation Manual,or by special study approved by the Board of County
Commissioners.
- A time period for completion of the off-site improvements.
- The terms of reimbursement.
- The current address of the person to be reimbursed during the term of the
agreement.
- Any off-site improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider,applicant,or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision,Resubdivision,or Planned Unit Development will use a road
improvement constructed under an improvements agreement,the subsequent
subdivider,applicant,or owner shall reimburse the original subdivider,applicant,
or owner,for a portion of the original construction cost. In no event shall the
original subdivider,applicant,or owner collect an amount which exceeds the total
1111111 IIIII 1111111 IUII III'III IIIII MHO Min R.irrJ01 0.001};ti171Y1'HI.If RO thINIYRO,1(KEE
2946202 04/26/2002 11:12A JA Saki Tsukamoto
3 of 15 R 0.00 D 0.00 Weld County CO
• cost of improvements less the pro rata share of the total trip impacts generated by
the original development.Evidence that the original subdivider,applicant,or owner
has been reimbursed by the subsequent subdivider,applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision,Resubdivision,or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways.
The cost of road improvements may be paid by cash contribution to the prior
subdivider,applicant or owner,or by further road improvements which benefit the
prior subdivider,applicant,or owner's property.This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION(Third Edition,19821 of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
rata share of the road improvement construction costs for all Subdivisions,
Resubdivisions,or Planned Unit Developments. A special transportation study
shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision,Resubdivision,or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County,is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the ninnies to be
reimbursed by the subsequent subdividers,applicants,or owners.
6.0 Acceptance of Streets for Maintenance by the County:Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit-B,-but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option,issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
111111111111111111111111111111111111111III1111111111111 .,:,,,rill_Y:, \tilMl'RLICNO,,Ilioised fit.II\'. 21H1l
2946202 04/26/2002 11:12A JA Sold Tsukamoto
4 of 15 R 0.00 0 0.00 Weld County CO
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development are satisfactory to the County;and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance,the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County.Partial maintenance consists of all maintenance except
for actual repair of streets,curbs and gutters,and related street improvements.Not
sooner than nine months after acceptance for partial maintenance of streets,the
County Engineer shall,upon request by the applicant,inspect the subject streets,
and notify the applicant(s)ofany deficiencies.The County Engineer shall reinspect
the streets after notification from the applicant(s)that any deficiencies have been
corrected.If the County Engineer finds that the streets are constructed according
to County standards,he shall recommend acceptance of the streets for full
maintenance.Upon a receipt of a positive unqualified recommendation from the
County Engineer for acceptance of streets within the development,the Board of
County Commissioners shall accept said streets as public facilities and County
property,and shall be responsible for the full maintenance of said streets including
repair.
7.0 General Rectuirernents for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent(100%)of the value of the improvements as shown in this
Agreement.Prior to Final Plat approval,the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement.Acceptable collateral shall be submitted and the plat recorded within
six(6)months of the Final Plat approval. If acceptable collateral has not been
submitted within six(6)months then the Final Plat approval and all preliminary
approvals shall automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies
and regulations.The improvements shall be completed within one(I)rear after the
Final Plat approval(not one year after acceptable collateral is submitted)unless
the applicant(s)requests that this Agreement he renewed at least thirty(30)days
prior to its expiration and fiu7her provides that cost estimates for the remaining
improvements are undated and collateral is provided in the amount of One-
/'Jtutdred percent(100%)of the value of the improvements retraining to be
completed. If improvements are not completed and the agreement not renewed
within these time frames,the County,at its discretion,may make demand on all or
a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan.The applicant would need only to provide collateral for the improvements in
each filing as approved.The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
1 111111 11111 U1111I11II III 1111111 IIIMI 111111111111 IIII I...1 DLO!Mil
..1DLO!Mil
11,11,ma,.ENIM.PI'RLIC-140 I INIPRO%
2948202 04/28/2002 11:12A JA Sold Tsukamoto
5 at 15 R 0.00 D 0.00 Weld County CO
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements fora Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B."The
costs of the improvements described in Exhibit"A"will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based
on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report"
of The Engineering News-Record as published by The McGraw-Hill Companies.
The applicant has provided cost estimates for all phases of the development which
will be adjusted in accordance with The State Highway Bid Price Index at the time
of posting of collateral for each phase.
8.0 Improvements Guarantee:The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County.The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent(100%)of the total value of the improvements as set forth in
Section 6.0 and Exhibits"A"and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent(100%)of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement(i.e.,streets,sewers,water mains and landscaping,etc.).The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat
approval,whichever occurs first. Said letter shall stipulate that,in any
event,the Letter of Credit shall remain in full force and effect until after the
I IMIIN 11NI 111111111111111111111111111 III 111II Mil Ill PH ENDITURLICROMM,11.11O,GRE}
Rt,is d 111.1001
2646202 t 1 04126/2002
000 0 0.(6) Weld County CO�m
• Board has received sixty(60)days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers(M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
1111011111111111111 111111 11111 11111 1111 R“Ierd 01 PR=u°,
2946202 04/26/2002 11:12A JA Soil Teukamoto 1NPFy1.1SM I:NIMPI III.ICRI/\UI\IPROVU:Nr.I:
?of 15 R 0.00 D 0.00 Weld County C0
•
•
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
•
of the value of the improvements.
9.0 Request for Release of Collateral:Prior to release of collateral for the entire project or for
a portion of the project by Weld County,the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in the State ofColorado that the project
or a portion of the project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation(CD0T)Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "As-built"plans shall be submitted at the time the letter requesting release of
collateral is submitted.The Engineer shall certify that the project"as-built"is in
substantial compliance with the plans and specifications as approved,or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County.
the applicant(s)may request release of the collateral for the projector portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity,special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 public Sites and Open Spaces:When the Board of County Commissioners,pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
Illllll11111IIIIIII IIIII III111111111111 III IIIII I'II III Ke :A REE
NI:tN 1't 11.1:5tN',Dm NI-I('Nl);�l)I\I YKU 1.:1(:KF�.t
2946202 04/26/2002 11:12A JA Suki Tsukamoto
8 of 15 R 0.00 D 0.00 Weld County CO
•
•
streets and utility easements of a character,extent and location suitable for public use for
parks,greenbelts or schools,said actions shall be secured'in accordance with one of the
following alternatives,or as specified in the Planned Unit Development plan,if any:
10.1 The required acreage,as may be determined by relevant Sections of the Weld
County Code,shall he dedicated to the County or the appropriate school district,for
one of the above purposes. Any area so dedicated shall be maintained by the
County or school district.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area,the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,
personal representatives,successors and assigns ofthe Applicant,and upon recording by the
County,shall be deemed a covenant running with the land herein described,and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT/
APPLICANT:
TITLE:453\Subscribed and sworn to before me this day of ce\O. ,20O
My Commission expires: �—..
of ubl i
\\A'S/MA
•,r,t,rr,�:
•=.ce Q';) V Q�=
1 MOM 111111111111 III 011111111111 4 J .: Ne.i.ed SI US:UU1
2946202 04/2612002 11:12A JA Sold Taukamoto } • :-;1,"....Qrf,`�tvn.1.,�►..nnw sl.Irno.uI�I�Ka�.vecr
9 of 15 R 0.00 D 0.00 Weld County CO
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY,C LO O
Glenn Vaad,Chair
Davi .Long,Chair Pr em
'/��,� •"� 4✓
ATTEST:jj/
y '"" ✓";'. William .Jerke
Weld County Clerk to .1)
1. .Geite
BY: Robert D.Masden
Deputy Clerk to the Bo
APPROVED AS TO FORM:
County A tomey
1111111111111111111111111111111111111111111111111111111 2948202 04/26/2002 11:12A JA 8uki Taukamoto
10 at 1$R 0.00 D 0.00 Wald County CO
H•i.eil a 1 nx,lmi
10 W. II.l:,1:\11111'1 III 1(•It(1\IJI\II'll(1\\IiHYI:
EXHIBIT"A"
• Name of Subdivision S�,
or Planned Unit Development:da l,'.V.r.-Z../..s1, /1 .A
Filing:/(1.4..2./Firr -OM A4.3 yo
Location: N AY,-s.c f.e.a /2/%/N,"e46 G✓
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.(Leave spaces blank where they do
not apply)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street grading
Street base 3 '1 I'a sj/4- */z 9So m
Street paving
Curbs,gutters.and culverts
Sidewalk Not
Storm sewer facilities NA
Retention pone t/4bo.k,e'-'≥' .066 a #V/e y Of 3675•
Ditch improvements
Subsurface drainage NA
Sanitary sewers Ni4
Trunk and forced lines NA
Mains NA
Laterals(house connected) AM
On-site sewage facilities A A
On-site water supply and storage 174
Water'pains(includes bore)(t4?4'—0'/d"fi . 'Pyp/6F i i#ha/ 4`o
fire hydrants a fN. 1.e.4,T rs .r lm,a404.40,3T
Survey and street monuments ant boxes AeA
Street lighting it/A
Street name signs "m o0
Fencing requirements # NA
Landscaping -3000 e,
Park improvements !./A
Road culvert'60 3••'*s 3./sro e. r 2
Grass lined Swale t s.••l.✓e/• 4.✓��►iA�� �/A
Telephone -' .A/A
Electric • J14
..
SUB-TOTAL: "A` 70L4+2.
Engineering and Supervision Costs$ 034 1' (SA o S.,67o 41)
(Testing,inspection,as-built plans and work in addition to preliminary and fmal plat;supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$.3 Z
11111111111101111111111111111111111111011111111111 DI:G761C76F0R\ '/01111001
2946202 04/26/2002 11:12A JA Suki Tsukamoto
11 of 15 R 0.00 D Oil Weld County CO
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
•
By: —_
Applicant
Applicant
Date: t ,20 02...
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
ta.IlLIIIlliliuIiItNIII1I11111111t111ItllhhI1
02 04126/2002 11.12A JA Sold TsuO mot
12 of 18 R 0.00 D 0.00 Weld County CO
0I7I&:U11I
17. �I:1\1 mi.f:swo:DUI'rt'lll_Il'NU.IDINP1NJl':GREE
EXHIBIT"B"
Name of Subdivision j .
or Planned Unit Development:/??t n�''.rrl�',/.,u{ r r i r"s i'.n
Filing:f Co//......4//;%•1' 2'
Location: Nu'%Y, L.'
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within e n e i years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading flay,Zo"2
Street base
11
Street paving
Curbs,gutters,and culverts /VA
Sidewalk A/A
Storm sewer facilities /V.4
Retention ponds
Ditch improvements JjA
SubsuCface drainage NA
Sanitary sewers _NA
Trunk and forced lines AA
NA
Mains
I ale ouse connected} ,51A
On-site sewage facilities ,4/y,z••z.•-t.;... ref.4,B.a
On-site water sunnly and storage NA Per w•'t
Water mains ih.y,2.0.z..e G s.,,t.Iitl1.7/,gJ,'
Fire hydrants Peg.-s't
Survey and street monuments and boxes AlA
Street lighting A/A
Street name SLIMSxa.2-
Fencing requirements )y'
Landscaping mcfy.2o.Z
Park improvements 11/A
goad culvert /h#yj 2Qi°z
Crass lined swain A
Telephone
Gas ltty •44.....•;17-7. ::-/B."1704.,Z,es i+
V / '' " Ar/r.'t
Electric ,d"rNi4°�
Water Transfer
SUB-TOTAL:
R.. o���a,
2946202 04126/2002 11.12A JA Sind'helmet° \I:�CT6 CTl1FOR�I�lArR1ime
13 of 16 R 0.00 D 0.00 Weld County CO
,.
•
• The County,at its option,and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the
above schedule cannot be met.
Applicant
Applicant
Date:Zs CO,• .20 oL.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
111111Alll�� IIIIIIII1111111IIIIIIII111111IIIIIII
2946202 04/26/2002 11:12A JA Sold Teukamoto
14 ell 15 R 0.00 D 0.00 Weld County CO
Rri Ind Ul ON 3001
t1/ N:1\'I`h'1 F:NUITI RUC R11:tb111PR111".1l:Rk:F
Temporary Easement Agreement
The undersigned grantor,Rounds Colorado Company,Ltd,whose address is 6090 Akron Avenue,Canal Falkirk
Ohio 44614,for and in consideration of Ten Dollars($10)and other good and valuable consideration,do hereby
grant and convey to Weld County,Colorado and/or the City et Dacron,Colorado a temporary roadway easement
for purposes of public use and emergency vehicle access and turnaround.Said easement shall be adjacent to
platted Panoram Circle,within the Panoram Industrial Park Subdivision,Reception No.1879792 of the records of
Weld County,Colorado and is more particularly described in Exhibit A,attached hereto and by this reference made
a part hereof.See attached Exhibit'A,Page 1 and 2.
Grantor shall construct and pave a temporary turn-around within said easement consistent with that Improvements
Agreement executed by the grantor and the Board of Cotmty Commissioners,Weld County(Reception No.
Grantee shall have the use and enjoyment of the easement area for roadway and public access until such time as
platted Panoram Circle is completed in its entirety,available for public use,and accepted by Weld County and/or
the City of Dacono.Said easement shall become null and void coincident with that acceptance event.
The rights,conditions and provisions of this easement shall insure to the benefit and be binding upon the heirs,
executors,administrators,successors and assigns of the respective parties hereto.
Any claim,controversy au'dispute arising out of this Agreement shall be settled by arbitration in accordance with
the applicable rules of the Aatericaa Arbitration Association,and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.The arbitration shall be conducted in the county
where the property is located.
Date this day of re/4, ,20 o Z .
Rohinda Colorado Company,Ltd
Its,�+� ��✓
[SEAL]
Attest
Secretary of Corporation
<<iiiu i1���11111��i«ri���In��i ii�ii u1 i1ii�i iii r111
(Corporate Acknowledgement) 2948202 04/26/2002 11:12A dA Sind TstAantoto
16 of 16 R 0.00 D 0.00 Weld County CO
STATE OF COLORADO )
COUNTY OF 0. Sn )
Tlse_toregoing instrument was acknowledged before me this O day of 20gS by
�ou.1Nb A CSxv2Pr4o co.,d a
Cka\p corporation,on behalf of the corporation.
[SEAL]
Publf
My commission expires:\l S/& •
Sr4yf.pr
Drexel Barrens c..
des/14\-"7
EXHIBIT A
En{daeemisurveyors Page 1 of 2
Boulder, October 26, 2001
Colorado*lap,
Grelay
4840PearlEar4Cirale A description of a temporary turn-around easement
Suite 114 located in Lot 7, Block 2, PANORAM,INDUSTRIAL PARK
Boulder,Colorado 80301.2475 SUBDIVISION, for Leeburg &Associates.
303 442 4338
303 442 4373 Fax ;pew r n>qrR T PTTD5j
A strip of land located in Lot 7, Block 2, PANORAM INDUSTRIAL PARK
SUBDIVISION, a Subdivision recorded at Reception No. 1879792 of the
records of Weld County, Colorado, described as follows:
Commencing at the most 5asterly Corner of said Lot 7, thence
S34°04'27°W, 95.32 feet along the Southerly line of said Lot 7 to
a point of curve to the right; thence Southwesterly. 108.61 feet
along the Southerly line of acid Lot 7 and along the arc of said
curve to the rssrm PnTNT or 3EGINNINQ, said arc having a radius of
170.00 feet, a central angle of 36°36'23' and being subtended by a
chord that bears 352°22'39"W, 106.78 feet;
Thence Northwesterly, 16.96 feet aLong the arc of a curve concave
to the Northeast to a point of reverse curve, said arc having a
radius of 14.00 feet, a central angle of 69°23'55" and being
subtended by a chord that bears N44°51'18"W, 15.94 feet;
Thence Westerly, 173.65 feet along the arc of said reverse curve to
a point tangent, said arc having a radius of 66.00 feet, a central
angle of 150°45'09" and being subtended by a chord that bears
N85°31'55"W, 127.72 feet;
Thence S19°05'31"W, 11.55 feet to the Southerly line of said Lot 7;
(K. Albers - EW-1165 5407L.KSA)
EXHIBIT A
Page 2 of 2
Legal Description (coot.) October 26, 2001 Page 2
Thence 970°S4'29"E, 32.29 feet along the Southerly line of said Lot
7 to a point of curve to the left;
Thence Easterly, 113.70 feet along the Southerly line of said Lot
7 and along the arc of said curve to the TRUE POINT nr BEOTNNTNr),
said arc having a radius of 170.00 feet, a central angle of
16'24.41,' and being subtended by a chord that bears N89°53'11"E,
111.85 feet.
Legal Description Prepared By:
Kent S. Albers
Drexel, Harrell &Co.
4840 Pearl East Circle, Suite 114
Boulder, CO 80301-2475
(303)442-4338
(K. Albers - EW-1165 - 54070.,.KSA)
DUPLICATE ORIGINAL
Performance Ohio Farmers Insurance Co.
Bond Westfield Companies
Westfield Center,Ohio 44251-5001
Bond No.5877623
KNOW ALL MEN BY THESE PRESENTS:
That Rotlnda Colorado Co..Ltd.,P.O"Box 691,Canal Fulton,OH 44614
(Insert name and address,or legal title,of contractor)
as Principal,hereinafter called Contractor,and OHIO FARMERS INSURANCE COMPANY,an Ohio Corporation,with
principal office at Westfield Center,Ohio,as Surety,hereinafter called Surety,are held and finely bound unto
Board of County Commissioners.Weld County.Colorado
(Insert name and address,or legal title,of owner)
as Obligee,hereinafter called Owner in the amount of Three Hundred Fifty Thousand and no/100--------------
Dollars($350,900.00**'"''*'****)
for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and
assigns,jointly and severally,firmly by these presents.
WHEREAS,Contractor has by written agreement dated January 8,2002
entered into a Contract with Owner for roadway,drainage,and utility work associated with SPJO No.340
in accordance with drawings and specifications prepared by Drexel Barrett Company.Engineers/Surveyors
(insert full name and title)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully
perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
Whenever Contractor shall be,and declared by Owner to be In default under he Contract,the Owner having performed Owner's obligation
thereunder,the Surety may promptly remedy the default,or shall promptly
(t) Complete the Contract in accordance with its terns and conditions,or
(2) Obtain a bid or bkts for submission to Owner for completing the Contract in accordance wlih Its terns and conditions,and upon
determination by Owner and Surety of the lowest responsible bidder,arrange fora contract between such bidder and Owner and make available
as cork progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged
under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs
and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The tern"balance of the contract
price',as used in this paragraph,shall mean the total amount payable by Owner to Contractor under he Contract and any amendments thereto.
less the amount properly paid by Owner of Contractor.
Any suit under this bond must be instituted before the expiration of tuo(2)years from the date on which Contractor ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the hairs,executors,
administrators or successors of Owner.
Signed this 7th day of January ,2002
Rolinda Colorado Co.,Ltd.
Principal
By: R/
2.6,:,41,7
OHIO FA- RS INSU`* '
By:
Dav k A.Cott, r'money-in-Fact
BD 5047-L(9-91)
Financial
Statement Ohio Farmers Insurance Co.
December 31,2000 Westfield Center,Ohio 44251-5001
(in thousands) ASSETS
Cash $ 8,030
Bonds 307,361
Stocks,Unaffiliated 114,121
Stocks,Affiliated'
Westfield insurance Company 360,898
Westfield National Insurance Company 96,276
Beacon insurance Company of America 25,796
American Select Insurance Company 31,686
Old Guard Insurance Company 31,728
Old Guard Fire Insurance Company 11,828
First Patriot Insurance Company 4,175
First Delaware Insurance Company 3,218
Non-insurance Subsidiaries 24,540
Real Estate 55,774
Agents'Balances and Uncollected Premiums,Net 89,7990
Interest and Dividends Accrued 3,643
Other Admitted and Intangible Assets 30,846
Total Admitted Assets $1,199,712
UABILITIES
Reserve for Unearned Premiums $ 132,378
Reserve for Unpaid Losses and Loss Expenses 225,701
Reserve for Taxes and Other Liabilities 165,430
Total Liabilities 523,509
SURPLUS
Surplus 676,203
•
Total Surplus 676,203
Total Liabilities&Surplus $1,199,712
State of Ohio
ss:
County of Medina
The undersigned,being duly sworn,says:That he is Senior Executive-Fidelity&Surety Operations of Ohio
Farmers Insurance Company,Westfield Center,Ohio;that said Company is a corporation duly organized,
existing and engaged in business as a Surety Company by virtue of the Laws of the State of Ohio and
authorized to do business in the State of...............................4P.........,..............................._and has duly complied with all
the requirements of the laws of said State applicable to said Company and is duly qualified to act as Surety
under such laws;that said Company has also complied with and is duly qualified to act as Surety under the Act
of Congress approved July 1947,6 U.S.C.sec.6-13;and that to the best of his knowledge and belief the
above statement is a full,true,and correct statement of the financial condition of the said Company on the 31st
day of December,2000.
Attest: 7.4W2k4dec--John T.H.Batchelder
t.AL
L.Kinnaird,Jr. _;
Corporate Secretary&Counsel Senior Executive %lil48
•Fidelity&Surety Operations
Sworn to before me this 14th day of February,A.D.,2001.
My Commission Does Not Expire
Sec.147.03 Ohio Revised Code a•
`�.»...... ».....»........................»............ r f � ��
William J.K elln
Attorney at Law
BD 5402 a Notary Public—State of Ohio "��w�-
CERTIFICATE OF COMPLIANCE Ohio Department of Insurance
07!01/2001
THIS IS TO CERTIFY,THAT --
OHIO FARMERS.iNSURANCE COMPANY
CITY OF WESTFI LD CNTR
Expires 06/30/2002
STATE OF OHIO
NAIC No.24104
is organized under the laws of the state and is authorized to issue policies and transact business under the following sections of the Ohio
.Revised Code:
Section 3929.01(A)-Accident St Health
Section 3929.01(A)-Aircraft
Section 3929.01(A)-Allied Lines
Sedio.3929.01(A)-Boiler dt Machinery
Section 3929.01(A)•Burglary Sr Theft
Section 3929.01(A)-Collectively Renewable A&H
Section 3929.01(A)-Cohmoeraial Auto-Liability
Seedoa 3929.01(A)-Commercial Auto-No Fault
Section 3929.01(A)-Commercial Auto-Phys.Damage
Section 3929.01(A)-Credit Accident k Health
Section 3929.01(A)-Earthqualoe
Suction 3929.01(A)-Fidelity
Section 3929.01(A)-Financial Geotmty
Section 3929.01(A)-Fire
Section 3929.01(A)-Glass
Section 3929.01(A)-Group Accident&Health
Section 3929.01(A)-Gmuantred Renewable A&H
Section 3929.01(A)-Inland Marine
Section 3929.01(A)-Medial Malpractice
Section 3929.01(A)-Mnhiple Peril-Commercial
Section 3929.01(A)-Multiple Peril-Fermaosaas
Sexton 3929.01(A)-Multiple Peril-llomeovmers
Section 3929.01(A)-Noacenoetlabie A&H
Section 3929.01(A)-Nonremew-State Reasons(A&H)
Section 3929.01(A)-Ocean Marine
Section 3929.01(A)-Other Accident only
Section 3929.01(A)-Other Liability
Section 3929.01(A)-Private Passenger Auto-Lich.
Suction 3929.01(A)-Private Passenger Auto-Other
Section 3929.01(A)-Private Passenger-Phys Damage
Section 3929.01(A)-Surety
Section 3929.01(A)-Workers Compton
Director of Insurance
I hereby certify that this is a true
and exact copy. Signed this 12th
day of June, 2001.
7a. ai-lei/.
T.8at(#lel ,Corporate Secretary
POWER NO.3401722 03
General
Power
of Attorney Ohio Farmers insurance Co.
CERTIFIED COPY Westfield Center,Ohio
Know All Men by These Presents,That OHIO FARMERS INSURANCE COMPANY,a corporation duly organized and existing under the laws of
the State of Ohlo,and having its principal office In Westfield Center,Medina County,Ohio,does by these presents make,constitute and appoint
BRUCE HUMMEL,BRIM HUMMEL,DUANE GERBER,VAUGHN TROYER,DAVID COIL,UWAN KAUFFMAN,LORI WRIGHT,
THOMAS YODER,JOINTLY OR SEVERALLY
of BERLIN and State of OH Its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,
place and stead,to execute,acknowledge and deliver arty and all bonds,reeognIzances,undertakings,or other kahuenents or contracts of
Ut,IN�RTAT�RIIE THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE,MORTGAGE DEFICIENCY,MORTGAGE
GUARAH41TE OR BANK DEPOSITORY BONDS.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Presideatt,sealed with the corporate seal
of the Company and duly attested by Its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fad may do in the premises
Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance
Company:
6e It Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with fuR
power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and ad for and on behalf of the
Company subject to the following provisions:
"Section I.Attorr-ey-IorFact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,
to execute,acknowledge and deliver,any and all bonds,recoprizances,contracts,agreements of indemnity and other conditional or
obligatory undeelakings and any and ail notices and documents canceling or terminating the Company's liability thereunder,and any such
Instruments so exerted by any such Attorney-in-Fad shall be as binding upon the Company as It signed by the President and sealed and
attested by tote Corporate Secretary.'(Adopted at a meeting held on the 3rd day of July,1957.)
"Be h Resolved,Rnat the power and authority to appoint Attorneys►-in-Fact granted to certain officers by a resolution of this Board on the
3rd day of July,1957,is hereby also granted to any Assistant Vice-President."(Adopted at a meeting hidden the 13th day of July,1976.)
This power of attorney and certificate Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Otto Farriers insurance Company at a meeting duly called and held on the 9th day of June,1970
"Be it Resolved,that the signature of any authorized officer and the seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal
shall be valid and trading upon the Company with respect to any bond or undertaking to which it is attached."
In Witness Whereof,0N10 FARMERS INSURANCE COMPANY has caused these presents to be signed by Its Vice President,and its corporate
seal to be hereto affixed this 11th day or DECEMBER A.D.,2000.
Corporate OHIO FARMERS INSURANCE COMPANY
Seal r.«
Affixed •f -
.:: r--4-17/1.4Q-°r1. 4-4'-';'-‘Y1-1.
State of Ohio 1848 4 1 By
County of Medina ss.: '""•N• - .f Richard L Kinnaird,Jr. Vice President
On this 11th day of DECEMBER A.D.,2000,before me personally came Richard L.Kinnaird,Jr.,to me known,who,being by me duly
sworn,did depose and say,that he resides in Medina,Ohio;that he is Vice Preaident of OHIO FARMERS INSURANCE COMPANY,the company
described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such
corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order.
Notarial
Affixed 'A
A'R .S�,
Notary Public
• James M.Walker
State of Ohio M0 My Commission Does Not Expire
County of Metlina ss.: irk of 0 Sec.147.03 Ohio Revised Code
CERTIFICATE
i,Richard A.Wallet,Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY,do hereby certify that the above and foregoing is
a true and correct copy Of a Power of Attorney,executed by said Company,which Is still in full force and effect:and furthermore,the resolutions
of the Board of Directors,set out in the Power of Attorney are In full force and effect.
in Witness Whereof,I have hereunto set my hand and affixed the seal of said Company at Westfield Center,Ohio,this 7th day of
January A., 2002 : •
y� `�I K.�C •U bu I/�r�l'-
ti•
ld4e Richard A.Wallet Assistant Secretary
BPOAO2(03-90)
MAR-01-02 FRI 10:53 AM WELD C'9TY PUBLIC WKS7 FAX:9703046497 PAGE 1 st. Aw, MEMORANDUM
f qv\
TO:Robert Anderson
DATE:December 10,2001
Long Range Planner
FROM:Donald Carroll,Engineering Administrator ^+'1/
•
COLORADO SUBJECT:SPR-340;Firebaugh Precast,Inc.,Phase
The applicant has submitted an improvements maintenance.)Agreement
eeme t According to Policy Regarding
Collateral for Improvements. (Public
Utilizing the plat drawing,verifying quantities,
cos A portion of the transportatiots n
,the Weld County Pubc
Works Department recommends acceptance the Exhibit
section of the Improvements Agreement.
Also submitted was an easement for a temporary turnaround and an easement for the
drainage and improvements of the retentionX pond wt that was
a signatures auiree d y the Town of
Dacono. Both Agreements need to be executed
The Weld County Public Works Department recommends approval of the Improvements
Agreement(Phase A)and the two easement documents associated with the case.
pc:SPR-340
M:\W PF0.,SS\DON-G\plan-3Ar3.md
.. •
441(1H/ft:to,
CLERK TO THE BOARD
PHONE(970)336-7215,Ext.4225
FAX:(970)352-0242
' P.O.BOX 758
CGREELEY,COLORADO 80632
COLORADO
June 24,2009
OHIO FARMERS INSURANCE COMPANY
1 PARK CIRCLE
WESTFIELD CENTER,OHIO 44251
RE: Performance Bond#5877623 for Rolinda Colorado Co.,Ltd.
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Performance Bond.
As you are aware,on the 71h day of January,2002,Ohio Farmers Insurance company issued a
Performance Bond on behalf of Rolinda Colorado Company,Ltd.,naming the Board of County
Commissioners of Weld County as beneficiary.The dollar amount of the Performance Bond was
established at Three Hundred Fifty Thousand and no/100($350,000.00).
The terms of the Performance Bond require that it be maintained by your institution until the expiration
of twc(2)years from the date on which Contractor ceases work on the Contract.
If you have any questions regarding this letter or your obligations under the Performance Bond,or if you
disagree with any statement contained in this letter,please call Donna Bechler,at 970-356-4000,ext.
4227,or e-mail me at dbechler@co.weld.co.us.
very ruty :1144
fritlxM(ate.,
Donald D.Warden J`Lu yL' -�y� eadeee
Clerk to the Board _ygo-g8 7-e‘
By. .f .G�F/L4u. �''
uty Cie the Board+G� �!/ v tl ((��
pc Rolinda Colorado Company Lid./Firebaugh Precast,Inc
/1/597
GL2 - v/
U.S.Postal Service
S CERTIFIED MAIL,.RECEIPT
t7 (Domestic Mail Only;No Insurance Coverage Frvvicied,
flJ F r livery inf rm ti n vl it ur w site at wv+w.us{�s':u,n
rU .AMa
ru
Lri Postage$
fr I Certified Fee AaPestme. C/,C1
Return Race pt Fee Hore/,(f
(Er doroemant Rapuke�
raji tReE=mnied
Delivery=
Total Postage 9 Fees
3„....teathinec... 62 .....
orAl)BoxNo. lank-ywL.7... .... .....
11111111.11111111111111111111111111=111
■Complete kernel.L ena S.Also complete g \Item .
Restricted Delivery Is deemed.
r•Print qaa on the reverse x cai�wnpuy 9,:ttetor°AMeettemso that we Can return the card to you. B ted Dii"my
iR Attach this card to the back of the mallpiecer ul
or on the trout if apace permits i;
D.la delivery maims
1.Article Addressed to: d YES,enter delivery
OA,o rr e,,.t rd1zed
9.Service isse
C1 s7 /0/C6/kt t WG15/ "'" „
t ror.IMerr4tartdlae
Meaux!Mall D C.O.D.
4.Restricted Delivery,(Extra Fee) CI Yee
2.MON Number 7005 1820 0003 5225 2000
(Herder Man arum.rabe9
PS Font 3811,February 2004
Return Receipt 10259.0.144540 t610
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
LINDSAY PRECAST INC @00040654
Contract Name* Contract ID Parent Contract ID
FULL RELEASE OF PROJECT COLLATERAL AND 7671
ACCEPTANCE OF WARRANTY COLLATERAL LINDSAY * Requires Board Approval
PRECAST LLC SPR-340 Contract Lead
JTRUJILLOMARTINEZ YES
Contract Status Department Project#
CTB REVIEW Contract Lead Email
jtrujillomartinez@weldgo
v.com
Contract Description*
FULL RELEASE OF PROJECT COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL LINDSAY PRECAST LLC
SPR-340.RELEASE PROJECT COLLATERAL IN THE AMOUNT OF$350,000.00 HELD IN THE FORM OF
PERFORMANCE BOND#5877625 ISSUED BY OHIO FARMERS INSURANCE GROUP.
Contract Description 2
ACCEPT WARRANTY COLLATERAL IN THE AMOUNT OF$52,500.00 PROVIDED IN THE FORM OF PERFORMANCE
BOND#US3002172 ISSUED BY EULER HERMES NORTH AMERICA INSURANCE COMPANY
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/14/2023
12/18/2023
Amount* Department Email
$52,500.00 CM- Will a work session with BOCC be required?*
Planning@weldgov.com NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept.to be
CM-Planning- included?
Automatic Renewal DeptHead@weldgov.com NO
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note:the Previous Corract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/18/2024
Termination Notice Period Committed Delivery Date Expiration Date*
12/18/2025
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
TOM PARKO JR. CHERYL PATTELLI MATTHEW CONROY
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/06/2023 12/07/2023 12/07/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121823
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
N EZ
BOCC Agenda Date
12/18/2023
Hello